I put the phones on. I'm like, I can't hear. So, appreciate Rob. Thank you. There we go. We're all set now. Thank you. >> Thank you, Rob. >> Let's try that one again, ladies and gentlemen. Good evening. How is everybody doing tonight? Uh welcome to
tonight's meeting of the ZBA. As I mentioned earlier, uh we anticipate things to go relatively quickly this evening. And I know that a number of the items may be requesting postponements based upon the information that was provided to Miss Beatric. And uh
but we will uh go ahead and start with uh case number 25-18 that is 16 Elm Street. Uh there is some information that we generally have to read into the record before we get started and I will start with that. Just
so you're aware, they're not. It doesn't appear that either of the applicant or the homeowner is here. So, we want to wait till the end and give them a little bit of time to get here just in case they do show up. Um, I did send an email asking what they were doing, if they
were going to withdraw or um continue and I didn't get a response back. >> Um, so we could start with several. >> So, moving on to All right, folks. I I stand corrected. I appreciate it. Thank you, Amanda. Uh we are going to give the
petitioner just a little bit more time to actually arrive on the Elm Street matter. We can move on to case number 261. That is 526 Summer Avenue. Uh the zoning board of appeals will hold a continuence of a public hearing in the select board meeting room at town hall
16 streeting Massachusetts on Monday March 2nd at 7 p.m. on the application of O design and build on behalf of the property owner pursuant to MGL chapter 40A section 9 and section 10 for a special permit and a variance under
reading zoning bylaw sections 4- sorry 4.5.2 7.0 7.3 and 7.4. four to construct a two-story addition that extends an existing non-conforming sideyard setback and that results in the
structure exceeding the maximum allowed lot coverage on the property located at 526 Summer Avenue's map 8 lot 116 in Reading Massachusetts unless there is an objection I will dispense with the reading of the abutters list except say that that the
abutters were notified as for the following that is the select board town clerk police department fire department Building Department, Conservation Commission, Health Department, Assessor's Office, Engineering Division, CPDC, members and associate members of the Board of Appeals, as well as the
planning boards of Wakefield, Lynfield, North Reading, Stonem, Wuburn, and Wilmington. Uh, now ladies and gentlemen, my understanding, and Amanda, please let me know. My understanding is that the petitioner is requesting a continuence for this matter until
uh it looks like the April 6th date. >> Yes. >> Okay. And just so that the record is complete, is there anyone here to speak on behalf of 526 Summer Avenue? Okay.
Uh then would anyone on the board like to make a motion to continue? I will make a motion to continue the um application for 526 Summer Avenue until the April meeting. >> Is there a second?
>> Second. >> Thank you, Andrew. And all in favor? >> I. >> That's unanimous. All right. So, that will be continued until it's April 6th. Is that correct? >> Thank you. Uh the next matter we will
call is case number 26-02 that is 107 Wurn Street Reading Massachusetts. Uh again, the zoning board of appeals will hold a public hearing in the select board meeting select board's meeting room at Town Hall, 16 L Street, Reading,
Massachusetts on Monday, March 2nd, uh 2026 at 7 p.m. on the application of attorney Joshua Leam pursuant to MGL chapter 48 section 9 for a special permit under reading zoting bylaw section 7.0 and 7.2 2 and or pursuant to
MGL chapter 48 section 10 for variance under reading uh sections 5.32 6.3 and 7.4 afford to convert an existing non-conforming medical office use into a new non-conforming
multifamily residential unit in a single family district on property located at 107 Wuburn Street, assessor's map 16, lot 36 in Reading, Massachusetts. Uh unless there is an objection, I will dispense with the reading of the abutters list except to say that the
abuters were notified as were the following. the select board, town clerk, police department, fire department, building department, conservation commission, health department, assessor's office, engineering division, CPDC, members and associate members of the board of appeals, as well as the planning boards of Wakefield, Lynfield,
North Reading, Stonem, Wuburn, and Wilmington. And like the previous matter, we did receive uh correspondence from attorney Laam asking that this matter be continued until the April 6th date as
well. Uh would anyone on the board like to make a motion as to uh the 107 Wuburn Street to continue that matter? Make a motion to continue case summer 262 107 W Street to the April meeting.
>> And is there a second? >> I second. >> Okay. All in favor is I. That is unanimous. Thank you. Okay. And also we're going to move on to case
number 26-03. That is 122 John Street. The zoning board of appeals will hold a public hearing in the select board meeting room at town hall 16 streeting Massachusetts on Monday, March 2nd, 2026 at 7 p.m. on the application of attorney Joshua Laam
on behalf of the property owner pursuant to MGL chapter 48 section N I'm sorry section 9 for a special permit under writing zoning bylaw sections 7.07.3 and 7.3.2 two to demolish and reconstruct an existing non-conforming
structure that will maintain non-conforming front yard setbacks on the property located at 122 John Street, Assessor's Map 17, lot 235 in Reading, Massachusetts. Uh again, like the previous matters, we
did receive correspondence from Attorney Leam requesting that this hearing be continued until April 6th, 2026. Uh, I know I should have asked this before with the previous property, but is there anyone here to speak regarding
the properties at either 107 Wuburn or 122 John Street? >> I'm here for 122 John Street. I don't have any information. I'm come came here for more information. >> Okay. Uh well, we did receive a uh
letter from the petitioner's attorney for that matter that they would like to continue it until the April meeting. >> Okay. Well, I'll do that. >> Okay. We thank you for coming and thank you for taking an interest and just come and check things out.
>> Thank you. If you are looking for like the application, if you go to the website under the boards and commissions to go to zoning, um there is the upcoming meeting information. So you can find the applications there. >> Okay. Thank you. >> You're welcome. >> Thank you very much.
And is would anyone on the board like to make a motion to continue case number 26-03 for 122 John Street until the April 6, 2026 hearing date? >> I uh move to continue case 26-312
John Street to uh the April 6th uh date. May >> Thank you. And is there a second? >> Second. >> Thank you, Andrew. And all in favor? >> All right. That makes quick work of those three matters.
>> We just vote whether you guys want to continue that case. Um, >> that's good. Maybe five minutes. >> Okay. Then we can do the minutes first. And folks, we appreciate your patience.
Thank you all very much. Obviously, we need to the the petitioners to actually go forward before we can actually even really listen to something. So, we need them to go forward. So, I appreciate you. >> No need to apologize. It's not you all just respecting us. It's
>> so we appreciate it. Thank you all very much. Uh but for the time being, we do have just another quick matter that we can probably address in the meantime. Uh I think does everybody have the copy of the minutes from our February 2nd
meeting? And is there anything within the minutes that you believe needs to be corrected? Oh, that's me. And would anyone like to make a motion to
approve the minutes from our February 2nd, 2025 hearing? >> I go for Frank. >> It's your turn, Frank. >> Make a motion to approve the minutes
from February. What was it? 1st. Second. And is there a second? >> Second. >> Thanks. And all in favor? >> That is unanimous. >> We do have the one five minutes that we
didn't do the last time. Um >> Oh, the January. >> Yes, the January one. I do have three copies if anyone wants to take a look at them. The biggest question was who voted on which case. Um, I think in the email I sent to you guys, I kind of put that update in there. Yeah.
>> Um, I think was it Andrew made the motion for Shoot Street, Patrick seconded it for Martin. Patrick made the motion and Taylor seconded the motion. I think that was the only
question the last time. >> That was the only thing that was outstanding. >> Yeah, I think so. >> Did and did we want to make a motion to approve as amended though? Sure. Make a motion to approve the January 5th meeting minutes as amended. >> Is there a second? >> I second. >> Thank you.
>> And all in favor? >> Okay. >> Did you hear back from 16? Um so for 16L they had sent me an email originally saying that they thought they were going to withdraw the application without prejudice. And then after a little bit more further conversation we did suggest
maybe holding off on withdrawing and continuing so that it gave them time to present new plans to the building commissioner to review before they decided they wanted to close their case. So that way if they wanted to come back, they didn't have to start the process all over again because we still have the
um envelopes for like the decision and that way they don't have to pay the $90 application fee and turn in another set of envelopes, >> but they didn't provide any sort of indication as to whether or not they were going to be >> replied back to that email. That was
last week. I did follow up. I believe it was today. I followed up and I didn't get anything back. Um, so we can continue it if you guys are comfortable doing that. Um, and if they do choose to withdraw without prejudice,
then we can vote on that for the next meeting. >> Is there any legal standing on that or that they didn't reply? Yeah, I they haven't requested a continuence. >> So, I did check with Andrew earlier
today and he did say you can give it about 15 minutes if they're not there that you can continue it. Like you guys do have the choice to be able to continue it. >> 15 minutes start. So if we continue it,
how many times can we continue without them >> responding? >> Well, this would be the only time we continued it without them responding. I if we do do it, I'd say we certainly wouldn't do it a second time, though. >> That's what I'm ask.
>> But my only question is um well, I don't know. I just there's a lot of people here to talk on this and they haven't responded. It's a lot of wasted time for a lot of
people. So, I'm just I don't know if I'm inclined to. If you want, I could run back to my desk and print the actual email if you guys would like to see the email. >> Do you mind? Thank you.
Unless they you're saying have them talk. It might be for nothing >> because if they don't >> No, no, I'm not. No, they can't they can't talk because the application no one's here. The application is not going to be heard. >> Yeah. >> I think them not showing up speaks
volumes, don't you? >> Well, that's one of the things that we want to take a look at the uh the email correspondence, >> the actual email that they did send. >> Yeah. Yeah. They went to a different town >> like before.
>> Did you? >> No way. >> I had seen in so long. >> Oh, that's because I was away. They took it like >> is that the one that's down? >> Oh, no. >> Yeah, it was
do it. Have they been in the office the last month? >> Um, I've only seen emails the last few weeks. >> Yeah. >> Did they do anything to amend the
application? >> Uh, not that I know. I think Amanda has been corresponding >> and then she responded to them I believe >> and then I don't know to that response yeah like we were on the
>> I think by right they can build that structure >> was actually trying to come up >> just add a um >> it's crazy to it >> crazy >> because all the setbacks >> we shouldn't we shouldn't discuss it substantively at Right now, this is the
raccoon. So, Tim and I thing and the raccoon started coming. >> Oh, he lives under there. >> Yeah. >> To our front door. >> So, that's a sign that the that it's sick, right?
>> Yeah. Six. Kicked it by Bella's cat like first time and it's acting wacky. It went down street and then it cut over by the house. We were going to call somebody
>> no animal control. >> So we had to call somebody was in her car. She came home accepted that alternative. That's >> scary. >> So, I mean, it's it's
just a couple like information girl. She couldn't even >> She couldn't even get out of her car. Don't get out of the car. >> Which is scary. >> Yeah, this was it the night before. >> Where is it? It's between um Cece's house and our house.
>> Yeah. >> Just come through. We were we were in the back room like recording it. >> Isn't that crazy? >> That's scary. >> What time was that?
>> 8:58 p.m. >> Isn't that crazy? scary right in the next >> tree. This is the existing. >> So this is the same guy that they were fighting. We were watching them.
>> Yeah. So I don't know if we had two in the backyard. Yeah. >> Oh, really? >> Yeah. >> Based upon this this email >> information that they provided
>> just the elected a set of blocks and there's a set of front >> see all these branches and stuff on the table. >> They're trying to make they stay dry. >> Exactly.
Everybody ready? >> Folks, just very quickly, Amanda, um first of all, I also wanted to just put the email the language in the email from the uh petitioner actually into the record while while we speak just just that email.
So, the information that we have from the architect was it looks like a Wednesday, February 25th email uh reaching out to Miss Beatric says, "Hi, Amanda. The owner has elected to move forward with a single family home with
an attached ADU at 900 ft. I don't believe we'll need to go through the zoning, but please correct me. We would meet all dimensional requirements for an attached accessory structure. Do I need to send a letter to formally withdraw or attend the next meeting to request without prejudice the the project?
Thanks, Jay. And that's Jay Bradley uh Jay Bradley Architects LLC 43 Franklin Street, Melrose, Massachusetts. Uh based upon the email chain that was provided to us, it does not appear
that architect Bradley responded to any other uh attempts to reach out to them. >> No, I did not get any other emails from them. >> Okay. Yeah, I I would not interpret that at
all as them requesting or wishing to have a continuence on the application that is currently before us. >> The information based upon this email and based upon what the >> I didn't know there was a light switch there. Sorry.
>> Uh just based upon this particular email, it appears that the applicant is choosing to withdraw their application. Um I didn't receive I didn't receive anything formal after that. Um if you look at a couple of the other emails um
that >> their failure to respond to those particular emails and their failure to appear here this evening >> I would generally indicate that that that their actions would dictate what their particular response was at that point in time. So I would consider that
and that email and their failure to appear here this evening as their desire to withdraw >> without prejudice according to their >> without prejudice. >> So I move to accept the uh request by the applicant in uh application number
Z2518 for 16 Elm Street um move to accept their request to withdraw their application without prejudice. Is there a second? >> Second. Thank you. Okay. And all those
in favor of withdrawing the application for 16L. >> I >> and that is unanimous. >> So that means this application is no longer before us. If they want to bring
it again, they'll have to do it again and you'll get notice of that. >> Thank you. >> Thank you very much. >> So that stays an empty lot until something else happens. >> Well, it sounds like something is happening. A single family with an ADU. >> Yeah.
>> In which lot? >> There's two lots. >> The uh information will be provided to the town, I believe. Uh at that point in time, it's a question of whether or not any sort of relief is going to be necessary before either us or CPDC.
Obviously, if any relief is necessary for them to build under the uh >> zoning >> under the zoning or under the zoning bylaws themselves, they would have to go through >> another application process. >> Another application process. However, if
they are completely able to do so by right, >> then that is a different process. >> Okay. >> Okay. So they'll stay within the the zoning and the zoning laws. At this point, >> I can't we can't necessarily provide any sort of advisory type opinions. We can't
necessarily say how people will act at this point in time. Obviously, if there are concerns, then please do not hesitate to bring it up to the town. >> Well, he paid a lot of money for those plans. >> All right. Thank you. >> Thank you very much.
>> Thanks for your interest, folks. >> So, thank you all very much for coming and for your interesting this evening. >> Good night. All right. >> Is there anything else that we needed to address this evening? No, we'll just have a nice full case for next. Yes,
>> we will. >> And I'm not going to be here for April. So, >> I'm not going to be here for April either. >> Where are you going? >> My baby's going to be >> Oh, congratulations. >> On April 6th, >> uh due April 5th, actually,
>> that's awesome. >> So, I mean, there could be a chance if my wife goes late. >> Yeah, >> so we need the >> Usually, it's early, isn't it? So my first two were early. So yes. >> Do we want to make a motion to >> Yeah. Does before we go into any other
personal information. Uh does anybody want to make a motion to adjourn? >> I'll move to ajourn. >> And anybody and is there a second? >> Thank you, Frank. All in favor? I. >> And we can go off the record. Rob, please take this.