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ow~ CTown of Reading <br />ZONING BOARD OF APPEAL <br />Minutes of February 19, 2009 <br />13 <br />Members Present: Paul Dustin <br />Robert Redfern <br />John Jarema <br />Peter Tedesco <br />Jeffrey Perkins <br />John Miles <br />Members Absent: Clark Petschek <br />Also In Attendance: Ellen Doucette, Town Counsel <br />Glen Redmond, Commissioner of Buildings <br />A meeting of the Zoning Board of Appeals was held in the Selectmen's Meeting Room of the <br />Town Hall, 16 Lowell Street, Reading, Massachusetts, at 7:00 P.M. <br />Case # 09-02 <br />(Remand by the Land Court - Case # 08-01) <br />Pursuant to a Remand Order issued by the Land Court on January 5, 2009, the Zoning Board of <br />Appeals will hold a Public Hearing in the Selectmen's Meeting Room at the Town Hall, 16 <br />Lowell Street in Reading, Massachusetts on Thursday, February 19, 2009 at 7:00 PM to further <br />consider the petition of Sandra M. Carter for a Special Permit to demolish an existing single <br />family dwelling on a non-conforming lot and to construct a new single family dwelling on the <br />property located at 355 Franklin Street in Reading, MA (ZBA Case # 08-01) which led to the <br />Board's decision, and will consider the application, as it may be revised and resubmitted by the <br />Applicant, under, among other things, Sections 6.3.10 and 6.3.11 of the Zoning By-laws. <br />The chairman gave a recap of why the Board was rehearing this case and stated that the matter <br />before the Board involves an abutter's appeal from the grant of a special permit pursuant to <br />Section 6.3.17 of the Reading Zoning Bylaws ("By-Laws) to allow for the voluntary demolition <br />of an existing dwelling, and the construction of a new dwelling at the property located at 355 <br />Franklin Street, Reading. On January 5, 2009 Judge Piper of the Land Court issued a Remand <br />Order, which annulled the special permit, and ordered the matter to be remanded to the Board of <br />Appeals for a new public hearing and further action on Sandra Carter's application (the <br />"Application"). Specifically, Judge Piper ruled "as a matter of law that Section 6.3.17 of the <br />Zoning Bylaws applies only when the prior use of the site involved was by special permit". <br />ZBA Minutes, February 19, 2009 1 of 4 <br />