2010-09-16 Zoning Board of Appeals Minutes

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,--To Vj ~ ~ t-ek K Town of Reading ZONING BOARD OF APPEALS Minutes of September 16, 2010 Members Present: Clark Petschek, Chairman John Jarema Robert Redfern John Miles Jeffrey Perkins Damase Caouette Kristin Cataldo Members Absent: Itj JJ. "201, 0 CT 2 ~ A : 0b 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 P.M. Also in attendance was Glen Redmond, Commissioner of Buildings, and Ellen Doucette, Town Counsel. Case # 10-03 A continuation of a Public Hearing on the petition of Debra Shontz-Stackpole who seeks a Variance and an appeal from a decision of the Building Inspector under Section 5.1.2 of the Zoning By-laws in order to determine that Lot C2, 186 Summer Avenue is a pre-existing, non- conforming, grandfathered lot. If this lot is determined to not be grandfathered, then this is also a request for a Variance under Section 5.1.2 for the property located at Lot C, 186 Summer Avenue in Reading, MA. Attorney Steven Cicatelli reviewed the history of the property and the case to date. He said he and Town Counsel disagreed on the interpretation of the bylaws and he wants the Board to interpret the bylaw. Town Counsel said she had already addressed the issues that Attorney Cicatelli raised in her written responses of December 2009 that were previously circulated to the Board and the petitioner. She noted that the section Attorney Cicatelli raised in support of the petition would only apply to non-conforming lots prior to 1942 and therefore is not relevant to this case. Members of the Board discussed extensively the petition and asked questions of Attorney Cicatelli and Town Counsel. Ms. Stackpole offered additional comments. Bobbie Botticelli of 55 Chapel Hill Drive offered comments in support of the petition. The Chairman read two emails that were received from abutters in opposition to the petition who expressed their concerns, that this lot might be considered a buildable lot. ZBA Meeting, September 16, 2010