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HomeMy WebLinkAbout2010-07-15 Zoning Board of Appeals Minutesk~t 1 ~ 4l Town of Reading } t _J ZONING BOARD OF APPEALS,. Minutes of July 15, 2010 21t0 G 10 A• 11 3 Members Present: Clark Petschek, Chairman John Jarema Robert Redfern Damase Caouette John Miles Members Absent: Jeffrey Perkins A meeting of the Zoning Board of Appeals was held in the Selectmen's Meeting Room of the Town Hall, 16 Lowell Street, Reading, Massachusetts, at 7:00 P.M. Also in attendance was Glen Redmond, Commissioner of Buildings. Case # 10-03 A Public Hearing on the petition of Debra Shontz-Stackpole who seeks a Variance and an appeal from a decision of the Building Inspector under Section 5.1.2 of the Zoning By-laws in order to determine that Lot C2, 186 Summer Avenue is a pre-existing, non-conforming, grandfathered lot. If this lot is determined to not be grandfathered, then this is also a request for a Variance under Section 5.1.2 for the property located at Lot C, 186 Summer Avenue in Reading, MA. Attorney Steven Cicatelli represented the Applicant, Debra Shontz-Stackpole, and presented a brief history of the property and the zoning laws relating to 1995 and subsequent changes that were made in the zoning bylaws. The Building Inspector reviewed his opinion and his interaction with Town Counsel that led to his decision. The members of the Board gave their individual opinions and asked some questions of Attorney Cicatelli. Attorney Cicatelli reviewed the specifics of the property and the actions that were taken by the Applicant over the years and why she had sought the ANR in 2003. Attorney Cicatelli wanted to have Town Counsel present so he could present his argument to her and perhaps have her change her opinion. He requested a continuance to arrange for Town Counsel to attend the next hearing. Virginia Adams of 59 Azalea Circle offered the information that the outer buildings on this property represented a significant historical inventory for the Town. V ZBA Meeting, July 15, 2010 1 Motion made by Robert Redfern, seconded by Damase Caouette, to continue the hearing to August 19, 2010 and to request that Town Counsel be present on that date. Vote was 5-0-0. Case # 10-04 A Public Hearing on the petition of Angelo Salamone who seeks an appeal from a decision of the Building Inspector under Section 7.4.2.1. It is the decision of the Building Inspector that the Comprehensive Permit dated July 12, 2001 has expired and also, that many of the 26 conditions have not been addressed for the property located at 45 Beacon Street in Reading, MA. Jack McQuilkin, Civil Engineer, reviewed the history of the case on behalf of the Applicant, Angelo Salamone. In April, the Applicant submitted a Building Permit Application that was denied by the Building Inspector. The Building Inspector reviewed the history of this Chapter 40B case and said that there were 26 conditions that had to be met before a Building Permit could be issued and this was not done. Mr. Jarema reviewed the history of the case, the subsequent litigation that found in favor of the Applicant, the Applicant's appearance before the Zoning Board in the spring to ask for a modification to the original Chapter 40B permit, the Board's request at that time that he must submit more detailed information, and now the Applicant's appeal of the Building Inspector's denial of a Building Permit. The Building Inspector said the Applicant submitted the building permit application after the lapse of the Chapter 40B permit. He also explained the system of signoffs by other departments to make sure that all conditions for this Chapter 40B were in compliance, and the Applicant was unable to obtain all the required signoffs. The members of the Board gave their individual opinions of the case. Carolyn Whiting of 17 Chestnut Road voiced her disapproval of the project. Brain Desmond of 105 Beacon Street voiced his disapproval of the project. Phil Johnson of 99 Beacon Street voiced his disapproval. of the project. Harry Hayes of 29 Beacon Street voiced his disapproval of the project. The Board collectively stated that the Applicant did not even complete the first 6 conditions that are required before applying for a Building Permit. Mr. McQuilkin thought the Applicant had submitted enough, material to be granted a Building Permit. ZBA Meeting, July 15, 2010 2 The Board would like to have the expiration date confirmed, and if an Applicant must have a Building Permit in-hand by the expiration date. Town Counsel's opinion will be requested. Motion made by John Miles, seconded by Damase Caouette, to continue the hearing to August 19, 2010 for purposed of receiving an opinion from Town Counsel. Vote was 5-0-0. Minutes Motion made by Damase Caouette, seconded by Robert Redfern, to approve the minutes of May 20, 2010 as amended Vote was 4-0-0. Other Business Motion made by Damase Caouette, seconded by John Miles, to nominate Clark Petschek as Chairman and Jeffrey Perkins as Co-Chairman. Vote was 5-0-0. The Board discussed the Open Meeting Laws. Adjournment Motion made by Damase Caouette, seconded by John Jarema, to adjourn the meeting. Vote was 5-0-0. y M'r~en M. Recording S ZBA Meeting, July 15, 2010 3