2013-01-03 Zoning Board of Appeals Minutes

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a aA CL'm< Town of Reading ZONING BOARD OF APPEALS Minutes of January 3, 2013 Members Present Damase Caouette, Chairman John Jarema Robert Redfern David Traniello Kathleen Hackett John Miles Members Absent: None 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 beginning at 7:00 P.M. Also in attendance was Glen Redmond, Commissioner of Buildings. Case # 12 -18 A Public Hearing on the petition of Heidie Gutierrez who seeks a Special Permit under Section 6.3.2 of the zoning bylaws in order to extend or expand the first floor rear deck on the property located at 12 -14 Linden Street in Reading, Massachusetts. The existing use of this structure is a non - conforming use (residential) and is located in a Business B District. Heidie Gutierrez presented the proposed extension of the bottom porch along the length of the house. Ms. Gutierrez is co -owner of the two family dwelling along with her parents. Reportedly, the house had been moved to this location a long time ago. Family members have owned the house since 1950 and originally the location was not a business -zoned area. The owners think the third floor was once used as a boarding house since all the rooms have doors with numbers but there is no kitchen on the third floor. Mr. Jarema said it is now a residential structure that existed prior to the zoning changes. The Building Inspector said the proposal is an expansion of a non- conforring use and because of this he thought it needed a Special Permit from the ZBA for the proposed construction. The rear deck is being doubled in size by adding to the left and right sides of the existing deck. The Board discussed if the deck expansion required a Special Permit or not. The Building Inspector thought it did but said he would be comfortable with whatever the Board wanted to do. Mr. Redfern thought this project did require a certified plot plan as is required of anyone adding an extension or deck to an existing dwelling. The Building Inspector said it was pointed out to him by the Applicant that according to the bylaws, the Applicant thought that they do not need one if they are not seeking a dimensional setback and they are not. ZBA Meeting, January 3, 2013