1997-01-16 Zoning Board of Appeals Minutes

Home Browse Search

TOWN OF READING ZONING BOARD OF APPEALS MINUTES OF JANUARY 16, 1997 MEMBERS PRESENT: JOHN COOTE, CHAIRMAN STEPHEN TUCKER CHRISTOPHER VACCARO 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. Coote swore in, under oath, those present that would be addressing the Board this evening. The first Public Hearing was on the petition of OIA Corp. and Kevin Emery who seeks an appeal from the Decision of the Building Inspector under Section(s) 7.4.2.1. of the Zoning By-Laws in order to construct a dwelling on the property located at Lot 12 Carriage Estates, Phase 11 in Reading, Massachusetts. (CASE #96-24) The petitioner was represented by Attorney Mark Favaloro. Mr. Favaloro stated that the lot complied with applicable zoning when laid out, and that the restriction imposed by CPDC related to Conservation Commission issues, all of which have now been resolved. He referred to the Decision of Definitive Subdivision Plans: Carriage Estates Phase II, specifically number 15, which states that "no dwelling shall be constructed on Lot 12 as shown in these plans". (plans dated August, 1991). Peter Ogren was the engineer on the project and recalled conservation issues being the concern on this lot. Mr. Favaloro stated that all conservation conditions have been met and there is no concrete evidence or information from CPDC to explain why this could not ever be built upon. Mr. Vincent Fantasia, developer and applicant, stated that back in 1991 the only issue was conservation. Mr. Glen Redmond, Building Inspector, must receive a lot release in order for a building permit to be issued on all subdivisions. Lot 12 was never released as a buildable lot. Mr. Coote pointed out that number 15 on the Decision did not offer any instructions to allow for Lot 12 in the future. He pointed out that numbers 13 and 14 clearly stated specific conditions to be met for approval. Discussion continued as to whether or not this lot complies with zoning laws. Mr. Kevin Emery, developer and owner of Lot 7, stated that the lot is dangerous the way it drops off and feels that it should be developed. Mr. Redmond stated that in a conversation that he had with Jonathan Edwards, Town Planner, it was his understanding that CPDC referred to Article 23 of the Zoning By-Laws as one of the concerns of this lot.