2009-05-07 Zoning Board of Appeals Minutes

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"104 ~LCRK k-- Town of Reading CLERK, ZONING BOARD OF Minutes of May 7, 209 P° Members Present: Paul Dustin, Chairman John Miles Clark Petschek Robert Redfern John Jarema Peter Tedesco Members Absent: Jeffrey Perkins 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, at 7:00 P.M. Case # 09-05 A Public Hearing on the petition of Lisa Mead, Blatman, Bobrowski & Mead, LLC; who seeks a Variance under Section 5.1.2 of the Zoning By-laws in order to allow the owner (Kevin Fulgoni) to construct a single family dwelling on the property identified as Lot A, South Street in Reading, MA. Attorney Lisa Mead represented the owner, Kevin Fulgoni. She said plans were provided to the Building Inspector on March 15 but they were not in the sets distributed to the Board. Copies were made and distributed to the Board and the abutters present. Attorney Mead said they have appealed the denial of the last petition submitted to the Board that was appealed in Land Court, and which decision was upheld by the Land Court. It is now slated for a hearing before the Superior Court. She reviewed the history of this lot and the relief Mr. Fulgoni was seeking from the Board. Attorney Mead presented arguments that she thought fulfilled the four criteria required for the granting of a variance and sited various cases she thought supported Mr. Fulgoni's petition. The Board asked questions of Attorney Mead about the rezoning, compensation provided at the time of the State land-taking, ages of other dwellings in the area, what had changed that caused the owner to submit a new case for this lot, the location of the proposed deck, why they were not attempting to meet the setbacks or lot coverage, why had they not considered putting in a smaller house, and the square footage of the proposed house. It was also determined by the Board that the Applicant actually needed variances the proposed construction; a variance for the actual lot and a variance for the dwelling proposed for the lot. The Board opined that there is no uniqueness to this lot regarding shape, topography or soil conditions. The lot was this size when the Applicant purchased it, the applicant knew a variance ZBA Meeting, May 7, 2009