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Home My WebLink About1979-03-12 Board of Survey Minutes March 12, 1979 Meeting of the Board of Survey convened in Room 16, Muni- cipal Building at 7:4o P. M. Present were Chairman Dustin, Secretary Price, Board Mem- ber Cowell and Clerk of the Board E. Roger Louanis. Read letter from the Law Office of Latham and Latham, P.C. regarding the Doherty Property, Lot 38 on Timberneck Drive, Read- ing and reviewed supporting information from abutters etc. , copy of all material attached. It was moved, seconded and voted that the Board of Survey approve the proposed house location as indicated on "Plan of Land, Reading, Mass. Showing Proposed Location of Dwelling - Surveyor, Leon Turner, Jr." as the Board feels sufficient information has been given to prove that the majority of land is not subject to flooding. Meeting adjourned at 7:45 P. M. R s ectfuully s fitted, cretary� wa i e Paw 0#1e1 o/ L.ATHAM AND L.ATHAM , P. C. 643 MAIN STREET READING. MASSACHUSETTS 0I867 KENNETH C. LATHAM lwew Coo. 617 O. BRADLEY IATHAM T.....: Q. OOS DAVID J. LATHAM - WILLIAM C. WAGNER March 7, 1979 Board of Survey Town of Reading Town Hall Lowell Street Reading, Massachusetts Re: Doherty Property, Lot 38 on Timberneck Drive, Reading Gentlemen: On January 3, 1979, a hearing was held before the Board of Appeals on the above Petition, where the property, according to the present zoning map, is located in the flood plain zone. ' We are enclosing a copy of the Board's decision, which at that time was negative, primarily because the Board did not feel that it had been proven that the area in which the house was to be built was not subject to flooding. In every other respect the decision was affirmative. The Board of Survey's letter stated "the land is subject to periodic flooding and is within the flood plain. The Board of Survey approves the proposed house location and filling on lot 38 Timberneck Drive as shown on the plan submitted." In view of this, the Board felt it wan not specific enough in that the area in which it was to be built is not subject to flooding. We are repetitioning the Board with new evidences, namely, evidences of present residents of Timberneck Drive in the same area, who not only have not had a water problem in the last approximate 20 years, but are desirous of seeing this last vacant lot built on and removed from the nuisance area. Also, in view of the approximate 11" of rain in January of 1979, which, in fact, proved to be flooding conditions, we did, on January 26, 1979, have - the engineer recheck the lot and make observations, andas shown on the plan, thq limit of flooding on this lot as of January 26, 1979, 10" of rain had fallen and flood conditions were prevalent throughout the area. only lot This plan shows that the/flooding was to the extreme rear of these lots, which showed water elevation of 85.3 and that no flooding was apparent in two-thirds of the lot, and especially in the area where the proposed house would be built. In light of this new evidence, we plan to again proceed, and would respectfully -1- i To: Boardof Survey, Reading From: Kenneth C. Latham, Esquire Date: March 7, 1979 request the Board of Survey to re-consider its decisions and verbiage,including thereon as to whether or not they would rewrite their decision, specifically excluding the location of the house from the periodic flooding provisions in your prior letter. I would be happy to discuss this matter with you if you desire, but I do feel this is an extreme hardship on Mr. Doherty, especially in view of the fact that while the current zoning map for the Town of Reading shows the 90-ft. contour coming into several of the lots on Timberneck Drive, the zoning map for the Town of Reading for 1974, at the time the lot was purchased, shows this lot as not being in the flood plain zone. Mr. Doherty purchased the property in 1974 for the purpose of building a home, and if he had then applied, in our opinion a permit would have been granted without question. Unfortunately, due to the death of Mrs. Doherty, he did not go ahead with his plans, but now desires to build. Thanking you in advance for your cooperation in this matter, I remain Sincerely, LATHAM AND LATHAM, P. C. Kenneth C. L Cham, Esquire KCL/mc Enclosures 1 64 Timberneck Drive Reading, Massachusetts January 31 , 1979 Re: Daniel Doherty's undeveloped prolerty on Timberneck Drive, Reading To whom it may concern: As a property owner at 64 Timberneck Drive, I am aware that my property is part of the wetlands district in Reading. My property abuts a swampy area that runs from Charles and parallels Timberneck Drive at this point. At no time have I had any problems with water or drainage connected with the wetlands. Consequently, I have no',objec- cions to Mr. Doherty building on his property. Yo urstruly, - / — Patricia A. Lewickki 1 cecet 11 [[itCtt'� "Kc i°Lc "`LL;� eel 14L yl;, ifl�,ifYl.� Cie�cLCLf�CjcE cz[ _r" t:zL[ctcct /4 .> ytcli � :l'rl�. :LL�t-r-e�✓t o /l �46'�L2L� .'E.f.� /RaW}�L'�LU//s:e�'-�.i �L(l'� !'�� -'�:�• .CL 4i(`;[t.( ti L��i t!� .G•ZC(Coi �L� CC.LL2 G7 . G)l Ll;, G 3 .y / Y 73 / oill < � �� - ✓.>4 a-t. ��1��.. ci%1�-c�:lL .i-s{r� r .lr-f ;rr ""�f�,�,��, . U a--e-e �7 t� .�,�L y4.�t l'� •'Lc-c-.12 4A4'iG.�t(.s � L�.t.e_ trn' <<�-� 1 G:. c.a.vti%Z LG�lC.�iYLeUR�( TOWN OF READING, MASSACHUSETTS DECISION OF THE BOARD OF APPEALS ON PETITION OF DANIEL F. AND HELEN D. DOHERTY January 3, 1979 CASE NO. 1979-1 The Board of Appeals held a Public Hearing in Room 2 of the Town Building, Reading, Mass. , on Wednesday, January 3, 1979 at 7:30 P.M. on petition of Daniel F. and Helen D. Doherty who sought variance under SEC. 4.4.1.3 - 4.4.3 and uses permitted under 4.4.4.2 to build a home on Lot 38 Timberneck Drive, Reading, Massachusetts. The petitioners were represented by Mr. Kenneth Latham of Latham and Latham, 643 Main Street, Reading, Mass. Mr. Latham acknowledged re- cent changes to the Flood Plain Zoning By-law, issued on a correction sheet, dated November 30, 1978, which eliminated certain paragraphs de- fining the flood plain in the Saugus River and Timberneck Swamp, namely, sub-paragraph 4.4.1 .3 and substituted the provisions of the Zoning Map under sub-paragraph 3.2 on the correction sheet, entitled "Zoning Map." Mr. Latham stated that the Flood Plain Zoning By-law was enacted in 1970 and amended in 1974. The Zoning Map at that time showed the 90-foot contour delineating the flood plain in that area to be at the rear of lot 38. The petitioner purchased this lot at a cost of $13,500.00. This particular lot is the last lot located in this section of Timberneck Drive which is not developed. As is the case on those developed lots in the immediate area, the front portion of the lot, wherein a home would be located, is, for the most part, above the 90-foot contour. This particular DECISION OF THE BOARD OF APPEALS - DOHERTY 2. lot ranges from 88 - 96 feet where the home would be located. The same is true of the immediate abutters. It is the desire of the petitioners to make a minimum of fill as shown by the memoranda of the Board of Survey which would require 475 c.y. below flood elevation of 90.0 and 560 c.y. above elevation of 90.0. The total fill required amounts to 1035 c.y. in accordance with the plan of the pro- posed dwelling, dated May 1978, provided by Mr. Turner. With the exception of the encroachment of the flood plain, the building proposed would be in 100% accordance with the zoning by-laws of the Town of Reading as to setback, side lot lines, building codes, etc. The proposed dwelling would be connected to the existing sewer which is an B" line. Mr. Latham read into the records, letters from the Board of Heafth and the Board of Survey. The one from the Board of Survey read as follows: "The Board of Survey at its meeting held November 30, 1978 voted that although the land is subject to periodic flooding and is within the flood plain, the Board of Survey approves the proposed house location and filling on lot 38 Timberneck Drive as shown on the plan submitted. However, any modifi- cation of or non-conformance with the plan would be reason for the Board to revoke its approval." The Board finds: The existing by-law at the time of purchase with re- gard to the location of Flood Plain Districts indicated that the level of flood plain in this particular area was more specifically prescribed as in SEC. 4.4.1. 3 of the recently issued Zoning By-law of March 1978. This was, in turn, superseded by the Zoning Map referred to in Paragraph 3.2 DECISION OF THE BOARD OF APPEALS - DOHERTY 3• aw of the correction sheet of November 30, 1978. The new Zoning Map shows the g0-foot contour to be located essentially as indicated by the peti- tioner. The Board reviewed the provisions of SEC. 4.4.3 which relates the uses permitted in Flood Plain Districts. This states that in a Flood Plain District - "no new building shall be erected and no premises shall be used except for one or more of the following uses ." A residence in the flood plain is not permitted. The petitioner did not request any relief from SEC. 4.4.5.1 which specifically prohibits dumping, filling or earth transfer or relocation operations in the Flood Plain area except for utility trenches, driveways, landscaping, and accessory building foundations or municipal or public facilities. permitted in the District. Further, in seeking relief from SEC. 4.4.4.2, the petitioner, as well as the Board of Survey, have indicated that the area in which the house is to be built is subject to flooding. The Board felt that SEC. 4.4.4.2 would allow a Special Permit to build a dwelling only if the area was shown not to be subject to flooding. In view of the law and the above facts, it was the unanimous decision of the Board that they cannot authorize a Special Permit. BOARD John A. Anderson, Chairman OF John B. Tewksbury APPEALS William H. Watt V/-.r f.r 1 \ + Ec S d V / ru � 6 _ It Iff60 1 '7 rs • r/ un /.fon��suo� - Fwrrvoa� fo u'�" 1 Sl7�07 i j LA S xp ' N . S/ — ^n+N T/MQERNECh r r '�N✓. se.9 L�c:nch ,�qrk- spike .� /oo/e ` U• S • G • S Oo�o.r, Zonl n9 Dis+ v-ic + A-Z L EG EiY!' - --90— 6xls14,.7y Confours PLAN O f L ,1 N0 EA OYNG v /tlA 5 :5 r/6f%'O�O GSC GOi7TOu�S C, I,- Sf/ow/No �ROoO5E0 Spoof E/evofions LGGfd T/ON of Oti/ELL/NF F/e vi3/oN ._$U/2 YE YGR- Leor/ /u�'he-I• Ti•