2006-08-17 Zoning Board of Appeals Minutes

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(/fw CORK Town of Reading ZONING BOARD OF APPEALS Minutes of August 17, 2006 Members present: Members absent: Robert Redfern Susan Miller John Jarema Paul Dustin Michael Conway 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 # 06-09 Continuation of a Public Hearing on the petition of Kevin Fulgoni who seeks an appeal from a decision of the Building Inspector under Section 7.4.2.1 of the Zoning By-laws in order to construct a single family dwelling on a non-conforming lot on the property located at Lot A, South Street in Reading, MA. Since the last hearing the Board received a letter from Town Counsel stating that in her opinion Lot A is not entitled to protection as a grand-fathered lot and therefore the Building Inspector's decision was valid in denying a Building Permit. The Board also received a letter from Attorney Lisa Mead, the Applicant's attorney, rebutting that opinion. Attorney Mead said although she did not agree with Town Counsel's opinion, they do agree on some things and she cited the areas in which they agreed. She said it was really important to look at Zoning By-law 6.3.4 because Lot A was a lawful lot before the Town zoning changes. Attorney Mead said Town Counsel does not agree with this opinion. Attorney Mead said this case fits within the definition of a legal lot and therefore, in her opinion, a Building Permit should be issued. Mr. Redfern said what is before the Board is the appeal of the Building Inspector's decision and that is what the Board will discuss at this meeting. Mr. Conway thought the Board should rely on Town Counsel's opinion and err on the side of caution. Attorney Mead disputed this argument and said she did not understand Town Counsel's August 17, 2006