2006-06-01 Zoning Board of Appeals Minutes

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~w)m C~~RI( Town of Reading ZONING BOARD OF APPEALS Minutes of June 1, 2006 Members present: Susan Miller Robert Redfern Michael Conway - Members absent: Mark Gillis John Jarema Paul Dustin ? c~ 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. Attorney Lisa Meade represented Kevin Fulgoni, the owner of the property. He is appealing the decision of the Building Inspector who denied a Building Permit to build a one family house on this lot. The lot has 5,336 square feet of area and 52.04' of frontage. Attorney Meade said in 1952 the lot contained 27,830 square feet but it was taken by eminent domain and the size was reduced drastically to the present dimensions. Before the taking, the access to the lot was on Main Street and faced other commercial property but it now fronts on South Street. This lot was originally surrounded by a zoned commercial district but now is surrounded by a zoned residential district. The lot conformed to zoning requirements prior to the taking by eminent domain. Attorney Meade contends that Lot A is a legal buildable lot and the Building Inspector should issue a Building Permit to the Applicant. Michael Conway said he was having trouble with the statute that Attorney Meade referred to because he thought it explicitly applied to residential lots only but Attorney Meade said she thought that the statute did apply to this case as a lawfully, non-conforming situation. June 1, 2006