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HomeMy WebLinkAbout1984-07-17 Planning Board Minuteswiinut es of the Meeting of July 17, 1984 The Board convened in Room 2, Town Hall, 16 Lowell Street at 7:00 P.M. with Board members J. Wood, D. Devine, B. Mitchel present. In the absence of the Chairman, Mr. Wood called the meeting to order. Mr. Shaw arrived during the discussion. Ms. Rich arrived in time for the meeting with. the Law Committee. Ms. Silvaggi, a reporter from the Reading Chronicle, was also present. Criterion Road - Board of Appeals 'Mr. Wood led the discussion on the recent Board of Appeals decision regarding C&C Associates, Lots 1, 2 and 3 Criterion Road. Mr. Wood felt strongly that the required 4 findings to grant a variance had not been met in the Board of Appeals decision on these lots. Inconsistencies in the ZBA written decision were noted and discussed. The Board felt adamant about the need for enforcement against this buider because of his blatant disregard for any rules and regulations of the Town as', evidenced by the following findings from the aforesaid decision: 1) - Sideline variances for both sides on 1 lot were granted, which meant that the builder placed a.house too large `for the parcel on the lot; 2) - Contradictory testimony in the report from the defendants states: first, they were placed on the lot as they are because of poor planning and an error in judgment; secondly, later lin the testimony they state that they were located on the lots as situated because of ledge in the area; 3) - Builder was issued 1 building permit and yet proceeded in digging out foundations for all 3 lots. The builder was aware that he must have a building permit before digging the foundations, but proceeded in total disregard of the law; 4) Board of Appeals found in their decision that the encroachment was not significant. The Planning Board feels that an encroachment of 20% is significant; y 5) - The Planning Board reviewed the testimony before the-BaId of Appeals by the Board of Survey. This Board feells that the builder indiscriminately disregarded the Town's Zoning By-laws and thus the risk incurred is to the builder and not to the Town. Because the hardship was of the builder's own doing, the Planning Board concurs that the finding for hardship to be peculiar to the land cannot be found. in this case. The Board continued discussion on this matter and upon a motion duly made and seconded, the Board by a vote of 3-0-1 (Mr. Sha-i abstaf.ning because he had business dealings with the defendant in.this case) decided to take all appropriate legal steps, either alone or in concert with any other Board, Committee or Commission of the Town of Reading that expresses a similar desire, and challenge th.e decision of the Reading Board of Appeals on the petition of C&C Associates, ZBA Case #k1984-25, 26 & 27, filed on July 5, 1984 with the Town Clerk. The basis of this challenge is that the requirements under Section 10, Chapter 40A, Masssachusetts General Laws, were not met in the granting of the variances. The Board then retired from further discussion to meet with the Law Committee on this matter. Discussion by the Board of Appeals and the Planning Board with the Law Commit-tee was held in Executive Session. The Board reconvened briefly to consider what action, in light of the present discussion, should be taken. By a vote of 4-0-1 (Mr. Shaw abstaining), the Board voted to reconsider their previous vote. The Board then outlined the options and resulting effects of any action by the Planning Board. It was felt that the Board should stand firm "on their decision and the Board by a vote of 4-0-1 (Mr. Shaw abstaining), will challenge the ZBA decision, knowing that the necessary funding for counsel will have to be provided by the Finance Committee without the recommendation of the Law Committee. The Board then reported their vote to the Law Committee. The appeal must be filed no later than July 25, 1984, with the Town Clerk. This appeals will be filed under Section _-17, MGL, to the Middlesex Superior Court. Cluster Developments The Board reconvened briefly to discuss the preliminary report prepared by David Devine on Cluster Developments. A comparative analysis of the 3 reports to date was handed out. Mr. Devine will review the 1961 Master Plan of the Town and develop further the concepts already outlined. The Board will meet on August 7, 1984.at 7:00 P.M. to further develop these concepts in hopes of preparing an article for Fall Town Meeting. Mr. Nichols of the Land Bank Committee and Chairman Rich and Mr. Wood returned to the Planning Board office to review the newly printed Zoning Maps and to give the Land Bank-, Committee a_ copy (they requested a copy of the reduced size map for their records). Upon a motion duly made and seconded, the Board unanimously voted to adjourn at 9:30 P.M. Respectfully submitted, John D. Wdod, Clerk