1997-08-21 Zoning Board of Appeals Minutes

Home Browse Search

rID ~s TOWN OF READING ZONING BOARD OF APPEALS MINUTES OF AUGUST 21, 1997 MEMBERS PRESENT: STEPHEN TUCKER, CHAIR JOHN COOTE ARDITH WIEWORKA LAURA GREGORY 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. Tucker 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 Emmett J. and Barbara A Wooster who seeks a Variance under Section(s) 5.0./5.1.2.of the Zoning By-Laws in order to allow an existing- dwelling to remain 11.32' from the left sideline on the property located at 152 Forest Street in Reading, Massachusetts. (Case #97-12). Prior to the holding of the second hearing, a letter was received from Attorney Latham, representing the Wooster's, requesting withdrawal of the Variance without prejudice. A motion was made, seconded and unanimously voted to allow withdrawal without prejudice. VOTE 3-0 (passed) The Board then discussed Section 7 of the Massachusetts General Laws, Chapter 40A with regard to this case. A motion having been made and seconded, the Board voted unanimously to advise the petitioners, Emmett J. and Barbara A. Wooster, 152 Forest Street, that.the violation of the setback to the left side is governed by Section 7 of Massachusetts General Laws, Chapter 40A to the effect that there can be no action taken which will compel the removal of the property which is in dimensional violation. VOTE 3-0 (passed) The next Public Hearing was on the petition of Eric J. Smith who seeks a Special Permit under Section(s)6.3.6./6.3.3.4. of the Zoning By-Laws in order to construct an addition to a nonconforming structure on the property located at 12 Middle Street (A-40 District) in Reading, Massachusetts. (Case # 97-13). The house is presently a nonconforming use, there being no three-family zoning in the town of Reading. It is also nonconforming as to its dimension from the north lot line and the east lot line, the setbacks being approximately 12 feet and 18 feet. The setbacks required by the Zoning By-Laws are 15 feet and 20 feet. There are presently two apartments on the first floor and one apartment of the second floor. The owner proposes to raise the edge of the roof along the north side of the building for a length of approximately 35 feet so as to create a dormer which will allow a better ceiling height in the apartment along this edge and also will enable the apartment to be expanded in plan area into a section of the attic which is at present unused except for storage. Since the proposed alteration occurs along the north edge of the house which is closer to the lot line than allowed by the Table of Dimensional Controls, a Variance and a Special Permit would be required as stated under Section 6.3.3.4. of the Zoning By-Laws. The petitioner was unable to address any unique feature of the property which is the first item needed for a Variance. He stated that the proposed alteration would not be detrimental to the public good or derogate