2012-10-18 Zoning Board of Appeals Minutes

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KTtwA CLERK Town of Reading ZONING BOARD OF APPEALS Minutes of October 18, 2012 Members Present: Damase Caouette, Chairman John Jarema Robert Redfern Kathleen Hackett David Traniello Members Absent: John Miles 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 -14 A Public Hearing on the petition of Pellegrino Realty Trust who seeks a Variance under Section 5.1.2 of the zoning bylaws in order to create 2 building lots for single family dwellings in an S- 20 District on the property located at 96 & 100 Van Norden Road in Reading, MA. The frontage of both lots is less than the required 120.' Attorney Brad Latham presented the proposal for the Applicant. The Pellegrino family has owned the two lots since 1955. The dwellings were reportedly constructed before 1943 so they predate the zoning. Two lots were purchased (Lots 7 & 8) and there is no other plan of record since 1911 when the original subdivision plan was filed. The two lots were merged into one tax bill by the Town in 1999. A single parcel made up of the two lots would be considered non- conforming because there are 2 dwellings on one lot and this is not allowed by the Zoning By- laws. The Applicants want to re- establish the original lot lines and each lot would have approximately 100' frontage but both lots would then require a Variance because of less than required frontage. Attorney Latham reviewed the four criteria required for a Variance for the two proposed lots. The Building Inspector said this is an unusual situation and he considers the property as one lot but you cannot have 2 principal dwellings on one lot. There are no supporting documents on record by the Town to support the property as either one lot or two lots. If relief were granted the Applicants would have a non - conforming lot because of the two dwellings located thereon, Ms. Hackett had questions about creating two lots where there are now one lot and what was the hardship that would be on the Applicants if they just re -use the frontage that was on the two original lots. Mr. Jarema wanted to know who determines property lines and Attorney Latham said ownership is in the form of deeds and there has been no changes to this deed property description since ZBA Meeting, October 18, 2012