Loading...
HomeMy WebLinkAbout2011-01-20 Zoning Board of Appeals Minutes~A C LERK Town of Reading ZONING BOARD OF APPEALS Minutes of January 20, 2011 Members Present: Clark Petschek, Chairman John Jarema John Miles Robert Redfern Damase Caouette Kristin Cataldo Members Absent: Jeffrey Perkins F- ~ 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 # 11-01 A Public Hearing on the petition of Fay Homes LLC who seeks a Variance and a Special Permit under Sections 4.2.2/5.0/6.3.2 of the zoning bylaws in order to renovate and redevelop the original pipe factory into eight residential condominium units located at 10 Pierce Street in Reading, MA. This property is located in an 5-15 residential district. Attorney Chris Coleman represented Fay Homes, LLC. He reviewed the history of the property and how it has historical significance because it was an organ factory. He said there are three structures on the property right now. The applicant proposed changing the use of the property from one non-conforming use to another non-conforming use. The proposal is for eight condominium units to be built on the property. There have been three DRT meetings regarding the proposed condominium development to date. Attorney Coleman reviewed the site plan for the existing buildings on the property and then the site plan for the new proposal. He said the density for the new proposal is less than the present amount. He said they are asking for a Special Permit and will only request a Variance if needed. William Johnson, Contractor, explained the condition of the present buildings and,how it is no longer feasible to rehabilitate the present structures. He will, however, be able to save some of the timbers to use in the new structures to maintain the historical integrity of the property. The organ pipes will be saved and used in the new structures as well to preserve this history. Mr. Johnson reviewed the materials that would be used on the outside and stated there will be wood doors and windows throughout, which are consistent with the existing structure. The Board reviewed the various sections of the bylaws that this property could be reconstructed under. There was some discussion regarding that with the extensive amount of the property that ZBA Meeting, January 20, 2011 was being demolished, was this project really a reconstruction. The setbacks were discussed as well as the overall opinion that this proposed use was less detrimental to the neighborhood than what is presently there. This plan was considered better suited for emergency vehicle use than ` any proposals from the past. The layout was deemed to be good. The Building Inspector thought a Variance was needed for the set backs as he thinks this project must meet the setbacks required in the bylaws for an apartment. There was a general discussion about what sections of the zoning bylaws granting a Special Permit would be the most appropriate relief for this proposal. There would be 17 parking spaces so that requirement would be met either for an apartment (1.5 spaces per unit) or a townhouse (2 spaces per unit) designation. There was a discussion about the cupola and how that area of the building would exceed the limit of 35.' Kathy Greenfield of the Historical Commission said they want to be closely involved in this project and they have been working with Mr. Johnson for quite some time. They agree rehabilitation is not possible at this point so they have moved to rehabilitation as being an option. They are somewhat concerned about the materials that will be used. They feel this proposal is the least of the evils offered. David Gillette of 26 Pierce Street voiced his opinion in support of the project. Margaret Pratt of 136 Salem Street voiced her approval of the project. David Strand, son of the owner, spoke in support of the project and said his father might demolish everything and just sell the property off as house lots if this proposal was not approved. Darcy Hildreth of 20 Pierce Street voiced her approval of the project. Anthony Ricciardone of 17 Pierce Street wanted to know who would compose the condo documents and was told it would be Attorney Coleman. The Building Inspector thought the project met the definition of an apartment as opposed to a townhouse and also, there are no specifics for townhouses in the bylaws. Mr. Petschek said he thought the proposed dwelling meets both definitions. Mr. Jarema thought perhaps the Board should seek guidance from Town Counsel. Attorney Coleman thought the Board has the discretion to overlook some areas if the project has more pluses than minuses. Ms. Cataldo thought Section 6.3.8 was the most appropriate section of the bylaws. Mr. Redfern though 6.3.8b was the most appropriate section. Mr. Redfern thought Section 6.3.2 covered the use and the rest of the Board agreed. It was suggested that a Variance might be the better choice for relief for this project. Attorney Coleman defined what would be needed for a Variance for relief from dimensional controls to be granted and he presented his arguments for the four required criteria. On a motion by Damase Caouette, seconded by John Jarema, the Zoning Board of Appeals moved to grant the Applicant a Special Permit under Section 6.3.2 and 6.3.3 of the zoning ZBA Meeting, January 20, 2011 2 bylaws and the Applicant's request for a Variance from Section 5.1.2 (solely with respect to lot size) of the zoning bylaws in order to construct eight residential condominium units as depicted on the referenced Site Plan of Land and Elevation drawings. The Special Permit is conditioned upon the following: 1. Receipt of approval from the CPDC and other town Departments 2. Continued interface with the Reading Historical Commission and 3. Any other relief sought with respect to the Property is required to be heard by the Board. The vote was 5-0-0 (Caouette, Jarema, Petschek, Redfern, Miles). Other Business 355 Franklin Street Mr. Jarema explained that the court has mandated the ZBA to instruct the Building Inspector to rescind the building permit he had issued for 355 Franklin Street. The Board instructed the Building Inspector that upon the Town's receipt of the executed order of the Court, the Building Inspector is to rescind the building permit for 355 Franklin Street. Adjournment On a motion by Kristin Cataldo, seconded by John Miles, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by a vote of 6-0-0 (Cataldo, Caouette, Jarema, Petschek, Redfern, Miles). Maureen M. Knight ZBA Meeting, January 20, 2011 3