1999-11-04 Zoning Board of Appeals Minutes

Home Browse Search

TOWN OF READING ZONING BOARD OF APPEALS MINUTES OF NOVEMBER 4, 1999 : a 52 MEMBERS PRESENT: CHRISTOPHER VACCARO, CHAIRMAN JOHN COOTS MICHAEL LARKIN 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 PM. Also present were Associate Member Susan Miller and Building Inspector Glen Redmond. Continuation of Case #99-20 This is a continuation of the October 7, 1999 public hearing, for a petition of Frederick Boni who seeks a variance under Section 5.1.2 (Frontage Requirements) of the Zoning By-laws in order to create a lot at 116 Van Norden Road in Reading MA with less than the requisite frontage on Harold Avenue for property in the S-20 Zoning District, in order to construct a single family dwelling at said location. Attorney Mark Favaloro represented the petitioner. Attorney Favaloro submitted a memorandum in support of petition for variance. He addressed the difference between his submitted plan showing 78.18 foot frontage on Harold Avenue and the frontage indicated on the assessor's map 155. The 78.18 foot frontage was measured by Design Consultants Inc. and takes into account lot B. He asks that the variance, if granted, reflect that distance. Attorney Favaloro also stated that before the change in Reading Zoning By-laws, section 5.2.1, this lot could have been divided into two lots. Presently, with the zoning change, it isn't even considered one lot. Attorney Favaloro referred to the PRD development across the street, stating the petitioners' lot is less dense than that. Attorney Favaloro cited the case of Paulding v. Bruins in support of the variance. He referred to the shape of the lot as its' uniqueness. Mr. Boni complained that he was never notified of the Zoning By-law change. He believes the variance should be granted because he wasn't given notification. He also said he would donate the adjoining lot lE to the Town for conservation land. John Coote questioned the accessibility to lot IE. Resident Ralph Mattucci asked why Mr. Boni didn't join in with his neighbor, Marilyn Mahoney, at the time she set up her PRD? The ZBA answered that that was not relevant to this issue. John Coote questioned whether Mr. Boni created his own nonconformity when he created lot iB in March 1998? If so, than lot 1B is not a buildable lot.