1998-11-05 Zoning Board of Appeals Minutes

Home Browse Search

TOWN OF READING ZONING BOARD OF APPEALS MINUTES OF NOVEMBER 5, 1998 MEMBERS PRESENT: JOHN COOTS JOHN JAREMA MICHAEL LARKIN LAURA GREGORY i ;,J - P = " w: 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 TOOPM. Mr. Coote swore in, under oath, those present that would be addressing the Board this evening. The first Public Hearing was on the petition of Thomas and Barbara Colella who seeks a Special Permit and/or Variance under Section(s) 4.3.2.8.3 / 4.3.2.8.b of the Zoning By- Laws in order to allow an accessory apartment to remain on the property located at 20 Johanna Drive in Reading, Massachusetts. (Case #98-25) Mr. Jarema stated that he does know the Colella family, however, he did not view this a problem with him voting on the case. If anyone does not feel he should, he will not. Mr. Colella addressed the Board by stating that his intent was to sell his house, which is a fifty foot split entry home on 15,672 square feet of land, and the requirement of the sale, was that he obtain a Special Permit on the property to allow an accessory apartment to remain. Mr. Sean McGinness, the prospective buyer, stated that his mother would be living with him and occupying the downstairs area, and he wanted to seek clarification and agreement from the Town that this second kitchen could remain. He stated that his intent is not to rent out the apartment. If his mother were not living with him, possibly his wife's parents would move in. If not, it would be a single-family dwelling, as he does not want a rental unit. Ms. Ann Powers, Realty Executives, stated to the Board that they were instructed to follow this procedure by the Building Department. Mr. Coote explained that there is nothing in the By-Laws to prevent two kitchens in one house for one-family use and that the courts have upheld this principle (Bock). The Building Inspector, however, may not agree with this. Mr. Colella addressed Section 4.3.2.8.2 of the By-Laws and explained how each item had been met. Abutters to the property did not see a problem with his mother living with him, but wanted to see the neighborhood remain as a single-family one. Since Mr. McGinness had no intention of using the proposed downstairs unit as an accessory apartment, the petitioner requested to withdraw the petition without prejudice.