1998-10-15 Zoning Board of Appeals Minutes

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s TOWN OF READING ZONING BOARD OF APPEALS MPTUTES OF OCTOBER 15, 1998 MEMBERS PRESENT: CHRISTOPHER VACCARO, CHAIRMAN JOHN COOTE 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:OOPM. Mr. Vaccaro swore in, under oath, those present that would be addressing the Board this evening. The first Public Hearing was a continuation of the petition of Raymond and Lauren Johnston who seeks a Special Permit under Section(s) 6.3.1.3 of the Zoning By-Laws in order to construct a single family dwelling on the property located at Zero Condor Road in Reading, Massachusetts. (Case #98-21) This case was first heard on September 3, 1998 at which time it was continued to October 1, 1998 to allow for the Zoning Board to discuss with Town Counsel whether or not the subject property was a separate lot for the purposes of zoning, and whether there was a side yard violation, as two different survey plans were presented to the Board. It was then continued to October 1, 1998. Member John Coote was unable to attend that hearing, so the case was continued to October 15, 1998. Attorney David C. McBride represented the petitioner. The Board determined that the subject lot is a separate lot for the purposes of zoning. Attorney McBride presented a recorded plan, dated October 30, 1971, which was approved by the Reading Board of Survey on December 14, 1971 showing a separate lot. Plot plans were presented that showed a side yard violation as it does not meet the required fifteen feet minimum set back as stated in Table 5.1.2, Table of Dimensional Controls in the Zoning By-Laws. The Board determined that Chapter 40A, Section 7, Paragraph 2 applies in this case. Ten years has passed since the alteration of the structure in 1986, so no action can be taken. Concerns were raised over the driveway entrance to this property. The petitioners agreed to enter over 25 Condor Road.