HomeMy WebLinkAbout2022-12-19 Zoning Board of Appeals MinutesO� OFRR�'
Town of Reading
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Board - Committee - Commission - Council:
Zoning Board of Appeals
Date: 2022-12-19
Building: Reading Town Hall
Address: 16 Lowell Street
Purpose: Remote Meeting
Attendees: Members - Present:
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2123 JUN 28 AM 10:27
Location: Select Board Meeting Room
Session:
Version: Final
Cynde Hartman, Cy Caouette, Andrew Grasberger and Patrick Houghton
Members - Not Present:
Others Present:
Senior Planner Andrew MacNichol, Building Commissioner Bret Bennett,
William, Nolan, Robert Comenos
Minutes Respectfully Submitted By: Amanda Beatrice
Topics of Discussion:
Case #22-16 -29 Gavin Circle
ZBA Chair Cynde Hartman opened the public hearing for Case #22-16 — 29 Gavin Circle by reading the
legal notice into record and swearing in members of the public wishing to speak.
Mr. Bill Nolan, the architect for the owners of 29 Gavin Circle submitted letters of supportfrom the
abutters. He then gave a brief description of the project. The existing home is two -stories with an
inground pool that has a significant amount of unbuildable Conservation land and two easements on the
property. He noted that they learned the shed is non-compliant when they received the site plan which
has now been removed. They are looking to put a 14'x25' two story addition with a deck about 14'x18
off the back of the house. The addition will be the same height of the existing home. He noted that the
pool is about 8.6' from the house and is a pre-existing non -conformity. Mr. Nolan stated that this is a
Variance due the Building Inspector unable to find an existing permit for the pool, which has existed for
about 18 years. The hardship in this situation is that almost half of the lot is unbuildable due to the
Conservation land and easement restrictions and the existing pool.
Mr. Houghton asked Mr. Nolan to clarify if the pool is non -conforming and not changing, or if the home
is nonconforming because R's not far enough from the pool. Mr. Nolan stated that the home would be
conforming if the existing pool was not there. However, because the pool is close enough to the house it
is to be considered an attached principal structure and is subject to principal setbacks, making the pool
non -conforming.
Mr. Robert Comenos stated that he was surprised when they found the shed was non-compliant
because according to their neighbor, the existing fence has been there for 30+ years and that there was
no permit record for the existing pool. Mr. Nolan added that they are also going to go before the
Conservation Commission as well.
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Mr. Grasberger asked if they considered putting it on the other side where there was no Conservation
land. Mr. Nolan said since the two -bedrooms were currently on the other side of the home, they would
have to significantly reduce existing bedrooms or you would have to walk through one bedroom to get
to the other bedroom. Mr. Comenos stated that the existing sunroom was poorly built with a frame over
a deck and it leaks.
Mr. Caouette asked Mr. Comenos how long he had lived there. He replied for seven years. Mr. Caouette
asked him what condition the sunroom was in when he first purchased the home and when the pool
was built. Mr. Comenos stated that it is in the same condition as when they purchased the home with
the exception of painting it and the pool was put in 18 years ago. Mr. Caouette believes that this is a
grandfathered situation and is leaning towards a Finding more than a Variance.
Ms. Hartman said she agreed with Mr. Caouette
Mr. Nolan stated that the area that people have to pass by the pool will be about the same with the
proposed addition.
Mr. Grasberger asked if there is anything in the bylaws that relate to structures being grandfathered.
Mr. MacNichol stated that there is certain protection after about 10 years in which you can get
some form of legal non -conforming protected status.
Cy Caouette made a motion to make a Finding for Case #22-07— 29 Gavin Circle that the structure had
existed for over 10 -years and was deemed a legal non -conforming where no variance was required.
Mr. Houghton seconded the motion and it was approved 4-0-0 (Houghton, Hartman, Grasberger,
Caouette).
Other Business
Mr. MacNichol gave the Board a brief update about Housing and Planning initiatives
2BA Minutes 2/3/22
Mr. Grasberger made a motion to accept the minutes as amended. Mr. Caouette seconded the motion
and it was approved 4-0-0 (Houghton, Hartman, Grasberger, Caouette).
Adjournment
Mr. Caouette made a motion to adjourn the meeting. Mr. Grasberger seconded the motion and it was
approved 4-0-0 (Houghton, Hartman, Grasberger, Caouette).
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