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,--rou)d col~_ <br />Town of Reading <br />ZONING BOARD OF APPEALS <br />Minutes of October 5, 2006 <br />Members present: Robert Redfern <br />y <br />Susan Miller <br />c'r'y <br />c) z,. <br />John Jarema <br />r-n <br />Paul Dustin <br />Peter Tedesco <br />r-- <br />, <br />Michael Conway <br />s~ <br />c <br />Clark Petschek <br />en <br /> <br />Members absent: <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. Also present was Glen <br />Redmond, Commissioner of Buildings. <br />Case # 06-18 <br />A continuation of a Public Hearing on the petition of Pam & James Borys who seek a <br />determination from the Zoning Board of Appeals that the existing property is a three-family <br />dwelling under § 6.3 of the Zoning By-laws in order to determine if the existing structure and use <br />(three-family) is a proper use and may be allowed to continue on the property located at 65 <br />Harnden Street in Reading, MA. <br />The case had been continued for opinion from Town Counsel. Town Counsel said in a written <br />opinion that this dwelling is not a legal three-family dwelling. Attorney Stephen Cicatelli, who <br />represented the Applicants, said after 10 years the structure is grand-fathered but not the use. His <br />clients did what they were asked to do when they. bought this house. Attorney Cicatelli said a <br />Special Permit should have been obtained by the previous owner. But, Attorney Cicatelli said, <br />the previous Building Inspector had declared this a three-family dwelling and so informed his <br />clients. <br />Mr. Redmond, the Building Inspector, said he spoke with Town Counsel by phone and she <br />submitted a second letter that was emailed today. Mr. Redmond said the note allegedly signed by <br />the previous Building Inspector can not be considered unless it is verified by Mr. LeClaire, the <br />previous Building Inspector. Mr. Redmond also said he did not see how any decision could be <br />made unless the property was inspected by the Town. He wondered about the unit placements, <br />number of bathrooms, were the kitchens fully equipped and most important of all, there could be <br />egress issues. <br />Mr. Conway said a tour of the property does not relate to what the Board has to decide. He said <br />the Board has to decide whether the use as a three-family dwelling can continue. <br />ZBA Minutes, October 5, 2006 <br />