1999-07-15 Zoning Board of Appeals Minutes

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C~J Aj Cte-r i. °4. TOWN OF READING - ZONING BOARD OF APPEALS MINUTES OF JULY 15, 1999 MEMBERS PRESENT: CHRISTOPHER VACCARO, CHAIRMAN MICHAEL LARKIN BERNARD W. O'SHAUGHNESSY - ASSOCIATE JOHN JAREMA - ASSOCIATE MEMBERS ABSENT: JOHN COOTE 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. Mr. Vaccaro swore in, under oath, those present that would be addressing the Board this evening. Case #99-15 The petitioner Attorney Acheson Callaghan, of Anderson & Kreiger, LLP, representing Madlyn Fafard of 40 Azalea Circle seeks an appeal from a decision of the Building Inspector under Section 7.4 of the Zoning Bylaws in order to construct a single family dwelling. Atty. Callaghan reviewed the history of the lot, the lot being transferred to Ms. Fafard in 1990 and an Order of Conditions being issued from the Conservation Commission in 1996. The Building Inspector and Atty. Callaghan have a dispute about frontage. Atty. Callaghan states that they have 80' on Azalea the Building Inspector doesn't feel that there is 80' of accessible land in the front of the house. Atty. Callaghan cited the case of Cochoran vs. the Board of Sudbury where the Supreme Court ruled that even though there were wetlands on the lot that didn't prevent physical access on the lot. He also cited Dunbar vs. ZBA where a second driveway was approved. He stated that under Section 4.5.2.9 - Wetlands Protection District - permissible activities includes driveways where other access is not available. Atty. Callaghan stated - Lot Width Circle, adopted in 1992 and Lot Shape, adopted in 1994 under the Zoning Bylaws do not apply to this property since it was transferred in 1990. Section 4.4.5 - building to be erected in the floodplain district would not apply either, stated Attorney Callaghan because this property is not in the floodplain. The wetland delineation is outlined on the plan. The Building Inspector stated that the petitioner should show the floodplain district and cited 4.4.4 & 4.4.2. Nancy Eaton, Chairman of the Conservation Commission, stated that the wetland decision was appealed, revised plans submitted, and the ruling was to revert back to the original lines. Also noted was that Note 4 under general notes on the plan submitted by the petitioner to the ZBA was not accurate as the plan submitted to Conservation.