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l <br />~S <br />TOWN OF READING <br />ZONING BOARD OF APPEALS <br />MINUTES OF OCTOBER 7, 1999 <br />MEMBERS PRESENT: CHRISTOPHER VACCARO, CHAIRMAN <br />JOHN COOTE <br />MICHAEL LARKIN <br />BERNARD O'SHAUGHNESSEY, ASSOC. MEMBER <br />SUSAN MILLER, ASSOCIATE MEMBER <br />A meeting of the Zoning Board of Appeals was held in the Selectmen's Meeting Room of <br />the Town Hall, 16 Lowell Street, Reading, Massachusetts at 7:00 p.m. Mr. Vaccaro <br />swore in, under oath, those present that would be addressing the Board this evening. <br />Case #99-19 <br />A petition of Anne & David Artone who seek a variance from Section 5.0 (Dimensional <br />Controls) of the Zoning By-laws and a Special Permit under Section 6.3.3.4 of the <br />Zoning By-laws in order to allow an existing deck to remain on the property located at 78 <br />Libby Avenue in Reading, Massachusetts. <br />The Artones bought their house in 1996, which the existing deck was part of. When they <br />went to sell their house-in September 1999 the potential buyers surveyor found a problem <br />with the plot plan regarding the property lines which did not conform. Paperwork shows <br />that nothing has changed, regarding the plot plan, since they bought the house in 1996. <br />No building permits, regarding the existing deck, were found. The paperwork that was <br />brought forward shows that the deck has changed slightly from 1986 - 1999 from <br />previous owners. Their neighbors signed a petition stating that for as long as they <br />remember the deck has always been there. The deck was existing when the two previous <br />owners lived there. <br />The property at 78 Libby Avenue is nonconforming because it fails to meet the <br />dimensional requirements as set forth in Table 5.1.2 of the Zoning By-laws. <br />The Board advised the petitioner that in order for the deck to remain, the petitioner would <br />require a variance from Section 5.0 in addition to a Special Permit under Section 6.3.3.4 <br />of the Zoning By-laws in order to show no detriment to the public good or derogation of <br />the intent of the By-laws in regulating building density and location. <br />A motion having been made and seconded, the Board voted unanimously to grant the <br />petitioner for the property located at 78 Libby Avenue, Reading a Variance from Section <br />5.0 of the Zoning By-laws in order to allow the existing deck at the rear of the house to <br />remain, such deck being 4.2 feet from the north side of the lot. Such variance is given for <br />