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HomeMy WebLinkAbout1984-06-25 Planning Board MinutesMinutes of the Meeting of June 25, 1984. A`Chairman Rich called the meeting to order at 6:45 P.M. in Room 133, Reading Memorial High School, 52 Oakland Road with Board members D. Devine, J. Shaw and B. Mitchel present. Correspondence Mail was reviewed. Board noted the public hearings of the Board of Appeals. Secretary was requested to obtain the needed site plans for Somerset Nursing Home from the office of Latham & Latham. These were promised but not delivered. Landscaping plans were received and reviewed by Zoning Board of Appeals On Thursday,.- June 21, the Board of Appeals held a public hearing on the variances for Lots 1, 2 and I Criterion Road. The variance for these lots was granted by the ZBA even though the newly-erected modular homes are too close to the lot line. The rationale was that the homes abutted Town-owned land and therefore was not trespassing into the rights of another private owner. During the hearing many problems were aired: DPW holding up sewer permits; Building Inspector issuing building permits after houses were erected, even though they were not in compliance with the ZBL. Board members felt that to-,allow such J `4a variance would create a dangerous precedent. The builder claimed 'ignorance of the ZBL's and has allowed prospective owners to move into and rent the houses until,the bank passes,the mortgage. The Board felt that ignorance of the law is no excuse. In the public hearing, the ZBA could find no hardship, except of the builder's own doing. Board questioned the decision of the Zoning Board of-Appeals. There are 4 things necessary to grant a variance (see EOCD August 1980, "Land Use Manager", Page 5 excerpt below:) VAR ANCE .That desireable relief may be granted Required Findings: Section 10 of chapter without nullifying or substantially 40A -requires the -''permit granting derogating from the intent or purpose authority" to make all the following of the zoning ordinance or bylaw. findings before a variance can be granted: .That desireable relief may be granted .That there are circumstances relating without substantial detriment to the to the soil conditions, shape or public good. topography which especially affect the land or structure in question, but which The "permit granting authority" can not do not affect generally the zoning issue a variance unless all of the district in which the land or structure statutory findings are met. Failure to is located. establish any one of the findings will be fatal to the decision. (See That due to those circumstances Blackman v. Board of Appeals of Belmont especially affecting the land or 346 Mass. 8, (1963 structure, literal enforcem nt of the provisions of the zoning ordinance or bylaw-would involve substantial hardship, financial or otherwise, to the petitioner or appellant. 6/25/84 Page 2 The Board of Appeals in their findings could find no hardship that was not of the builder's own doing, therefore, the necessary findings for the granting of these variances cannot be made& as this Board sees it. Ms. Rich was requested to bring this matter before the Law Committee for their input and review. A meeting will be set before the elapsed 21-day period for appeal. Upon a duly made and seconded motion, the Board voted to have this matter placed before the Law Committee and obtain their input as to the legality of the granting of a variance by the Board-of-Appeals. A copy of the decision of the Board of Appeals will be obtained and - distributed as.soon as it is received. Finances Board signed the Board unanimously of Planning Board each Board member PB expense budget Board Business Sills Payable for the period ending June 25, 1984. voted to defer from joining the Mass. Federation this year as they have taken out membership for in the APA. Letter to Town Accountant to encumber was signed by the Chairman. A tentative work program and schedule was handed out for review by the Board members. After accommodating vacation schedules, the following arrangements for meeting dates and reports to the office for typing/distribution was agreed upon: July 2, 1984 - PLANNING BOARD MEETING (Meet with Selectmen about Office Consolidation). July 11, 1984 - CLUSTER DEVELOPMENT - initial report to office July 17, 1984 - PLANNING BOARD MEETING - (.Work on Cluster Development) August 6, 1984 - CLUSTER DEVELOPMENT-interim report; TOWERS, WINDMILLS- initial report due at office. August 21, 1984 PLANNING BOARD MEETING - (Work on Towers, Windmills; Final report and corrections readied on Cluster) August 27, 1984 - CLUSTER DEVELOPMENT-final report; TOWERS, WINDMILLS- interim report;,:~SMALL LOTS, SIDE LOT LINES, CHURCH PARKING-initial report due at office. September 4, 1984 - PLANNING BOARD MEETING - (Work on Small lots, etc.; further work on Towers, Windmills; Cluster Development-preparation for Fall TM Warrant. September 10, 1984 - TRANSITIONAL ZONING - initial report; Small lots, Side lot lines, Church parking-final report due; Towers, Windmills- final report due at office. September 19, 1984 - PLANNING BOARD MEETING - (Final work night for preparation for Fall TM Warrant - TRANSITIONAL ZONING, CLUSTER DEVELOP- MENTS: TOWERS, WINDMILLS: CHURCH PARKING: SIDE LOT LINES, SMALL LOTS.) September 21, 1984 - Final report on TRANSITIONAL ZONING due at office. September 25, 1984 - PLANNING BOARD MEETING - Preparation of warrant articles for Town Meeting. Page. .3 6/25/84 ",Work schedule for office will be taking a course at the High system. Planning Board voted Office Consolidatio be on summertime hours. The staff will School for Word Processing on the DEC to fund the $50 fee for this course. Due to vacation schedules, Ms. Rich asked Mr. Agnew to arrange a meeting with the Board of Selectmen and a tentative schedule for July 2, 1984 has been set. The Board will meet in open session to discuss the various proposals that have been circulating throughout town about the consolidation of offices/staff. Ms. Rich spoke with the liaison for this Board from the Board of Selectmen, Ms. Molly Ziegler. Ms. Ziegler thought that the proposed consolidation plan had been deferred until a more permanent move to the Library building from the Community Center took place. Ms Ziegler suggested meeting with the Board of Selectmen to discuss this matter. Meeting Schedule Next meeting for the Planning Board i.s July 2, 1984 at 7:30 P.M. The Board will be meeting with the Selectmen and will then convene in the Planning Board office to continue further discussion. Mutually convenient schedule for meeting with the Law Committee will be made by Ms. Rich about the ZBA's decision on Criterion Road. ,The meeting schedule will continue as listed under "Board Business". There being no further business before the Board, it was unanimously voted to adjourn at 7:50 P.M. to Town,Meeting. Respectfully submitted, Barry J. Mitchel, Clerk (pro-tem)