2006-09-07 Zoning Board of Appeals Minutes

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11 vj4 Lt-MK J Town of Reading ZONING BOARD OF APPEALS Minutes of September 7, 2006 Members present: Robert Redfern Susan Miller John Jarema Paul Dustin Michael Conway CP > C n .sj ¢n cry Members absent: Peter Tedesco 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. Also in attendance was Glen Redmond, Commissioner of Buildings. Case # 06-18 A Public Hearing on the petition of Pam & James Borys who seek a determination from the Zoning Board of Appeals that their existing property is a three-family dwelling under Section 6.3 of the Zoning By-laws in order to determine if the existing structure and use (three-family) is a proper use and may be allowed to continue on the property located at 65 Harnden Street in Reading, MA. The Building Inspector said the building records jacket and computer files do not have any permits allowing this dwelling to convert to a three-family house. The Applicants wanted a letter from him stating that it was a legal three-family and he does not have the power to do this. The Building Inspector thought the Applicants should appear before the Board for a determination. Mr. Borys said the house is next door to a boardinghouse and another multi-family dwelling. The abutters submitted a letter saying that in their opinion Mr. Borys' house has always been a three- family. Mr. Borys said there have been three gas meters for many years so he assumed there must have been a permit to put these in. There are also three electrical meters. The man the Borys bought the house from told them it was a legal three-family. The previous Building Inspector made comments on a letter written by the former owner but what he wrote on the letter was undecipherable. The Borys contend that the Town has been aware of this structure as being a three-family, but the Assessor's office, according to Town records, considers this is a two-family dwelling according to their records and that is how the Borys have been taxed since they purchased it. Mr. Borys said if the Board determines this structure is a two-family they will lose money on this investment property when they try to sell it. The Building Inspector said the property would need 40,000 square feet to be classed as an apartment. The Chairman said this property came before the ZBA before and the petitions were ZBA Minutes, September 7, 2006