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HomeMy WebLinkAbout2013-01-03 Zoning Board of Appeals Minutesa aA CL'm< Town of Reading ZONING BOARD OF APPEALS Minutes of January 3, 2013 Members Present Damase Caouette, Chairman John Jarema Robert Redfern David Traniello Kathleen Hackett John Miles Members Absent: None 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 beginning at 7:00 P.M. Also in attendance was Glen Redmond, Commissioner of Buildings. Case # 12 -18 A Public Hearing on the petition of Heidie Gutierrez who seeks a Special Permit under Section 6.3.2 of the zoning bylaws in order to extend or expand the first floor rear deck on the property located at 12 -14 Linden Street in Reading, Massachusetts. The existing use of this structure is a non - conforming use (residential) and is located in a Business B District. Heidie Gutierrez presented the proposed extension of the bottom porch along the length of the house. Ms. Gutierrez is co -owner of the two family dwelling along with her parents. Reportedly, the house had been moved to this location a long time ago. Family members have owned the house since 1950 and originally the location was not a business -zoned area. The owners think the third floor was once used as a boarding house since all the rooms have doors with numbers but there is no kitchen on the third floor. Mr. Jarema said it is now a residential structure that existed prior to the zoning changes. The Building Inspector said the proposal is an expansion of a non- conforring use and because of this he thought it needed a Special Permit from the ZBA for the proposed construction. The rear deck is being doubled in size by adding to the left and right sides of the existing deck. The Board discussed if the deck expansion required a Special Permit or not. The Building Inspector thought it did but said he would be comfortable with whatever the Board wanted to do. Mr. Redfern thought this project did require a certified plot plan as is required of anyone adding an extension or deck to an existing dwelling. The Building Inspector said it was pointed out to him by the Applicant that according to the bylaws, the Applicant thought that they do not need one if they are not seeking a dimensional setback and they are not. ZBA Meeting, January 3, 2013 Mr. Redfern explained that the Board references certified plot plans in their decisions. Mr. Miles thought if the Board accepted this proposal without a certified plot plan they would be creating a precedent. Ms. Hackett also thought this would set a precedent. Mr. Traniello also agreed that the certified plot plan was necessary. Ann De Carlo of 62 Woburn Street voiced her concerns about what the porch would look like visually and the Applicant showed her some drawn plans and answered questions. The Chairman said the case should be continued until the Applicant can present a certified plot plan to the Board. On a motion by David Traniello, seconded by Robert Redfern, the Zoning Board of Appeals moved to continue the hearing to February 21, 2013 at the request of the Applicants. The motion was approved by a vote of 5 -0 -0 (Redfern, Jarema, Caouette, Traniello, Hackett). Minutes On a motion by John Jarema, seconded by Kathleen Hackett, the Zoning Board of Appeals moved to approve the minutes of December 6, 2012. The motion was approved by a vote of 5 -0 -0 (Redfern, Jarerna, Caouette, Traniello, Hackett). Adjournment On a motion by Robert Redfern, seconded by John Miles, the Zoning Board of Appeals moved to adjourn the meeting at 7:55 PM. The motion was approved by a vote of 6 -0 -0 ( Redfem, Jarema, Caoucue, Traniello, Hackett, Miles. Respectfully Maureen M. Recording S ZBA Meeting, January 3, 2013