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HomeMy WebLinkAbout2008-11-06 Zoning Board of Appeals MinutesC'ENEO Town of Reading CLERK ZONING BOARD OF APPEALS r _ r; 4 u , iLL'~i r, Minutes of November 6, 2008 Members Present: Paul Dustin, Chairman John Jarema John Miles Clark Petschek Jeffrey Perkins Peter Tedesco Members Absent: Robert Redfern 2~q f[B -b P 4 5 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. Case# 08-22 Continuation of a Public Hearing on the petition of Sriran Narayan who seeks a Variance under Section(s) Table 5.1.2 of the Zoning By-laws in order to allow an existing deck to remain 7.5' from the sideline rather than the 15' required on the property located at 7 Bradford Road in Reading, MA. The Applicant, Sriran Narayan, distributed new plans to the Board. The abutters on the deck side submitted a letter stating they do not have a problem with the deck in its current location. The Applicant said he had already demolished part of the deck. He explained what he wanted to do with the existing deck. Mr. Dustin reminded the Applicant that he needed to present the four criteria he must meet in order to be granted a Variance. The Applicant said he did not meet the first criteria but he thought the Board should allow him to not meet this first one because he inherited these problems when he purchased the house. In reaching its decision, however, the board noted that, due to the absence of a clear record regarding the construction of the existing landing and any permits relating thereto, and that the landing was in existence at the time that the petitioner purchased the property, it created create a unique set of circumstances relating to the property, but not affecting the rest of the zoning district thus satisfying the first of the four criteria. Mr. Jarema said the doors were changed in the past to the same side of the house and this would not be allowed now. He also said it was hard to move forward without the Building Inspector being present. Mr. Dustin read the memo submitted by the Building Inspector. He also read the electronic mail from Town Counsel to the Town Planner. The Applicant said the Building Inspector has already issued a building permit for the addition to the house contrary to what ZBA Meeting, November 6, 2008 Town Counsel had said to the Building Inspector. The Applicant said someone here at the Town Hall dropped the ball and he is being penalized for this. Mr. Jarema wondered if the Board was the one to correct all the many past mistakes regarding this property and what is the Board's responsibility here. The Applicant said there was a building permit issued in 2001 for a section of this deck. Therefore after six years it has to be allowed to stay in place. Mr. Tedesco said the Applicant is making an effort and it was not his fault he inherited this situation. Mr. Tedesco said it would be an unreasonable hardship to ask the Applicant to remove this deck. He thought what was important was the impact on people and the neighbors do not object to this deck. He thought the Applicant did meet the four criteria. Mr. Miles said he agreed with Mr. Tedesco. He said the Town did not follow up in this case and that was a hardship for the Applicant. Mr. Petschek thought that this was indeed a unique structure given the proximity of the side entrance to the lot line. Mr. Jarema stated that he thought the uniqueness was because of a series of events that made this lot unique. Mr. Jarema said he thought the property also met the other three criteria for a Variance. Mr. Perkins stated that he was concerned with the thought process that was used to arrive at the conclusion that the four criteria were indeed met by this property. Mr. Jarema said the purpose of the ZBA is to try and find something that can be changed, that can be adjusted, and to be flexible in order to accommodate difficult situations and see if there is a workable situation. On a motion by Clark Petschek, seconded by John Miles, the Zoning Board of Appeals moved to grant the Applicant a Variance from Section 5.1.2 of the Zoning By-laws in order to permit the unenclosed existing landing, measuring 7.5' x 14', to remain 7.5' from the northern side lot line on the property as depicted on the Plot Plan. The Applicant has agreed to demolish the adjoining decks, as indicated on the Plot Plan. The motion was approved by a vote of 5-0-0 (Dustin, Petschek, Miles, Jarema, Perkins). Minutes On a motion by John Jarema, seconded by John Miles, the Zoning Board of Appeals moved to accept the minutes of August 21, 2008. The motion was approved by a vote of 6-0-0 (Dustin, Petschek, Miles, Jarema, Perkins, Tedesco). On a motion by Clark Petschek, seconded by John Miles, the Zoning Board of Appeals moved to accept the minutes of September 4, 2008. The motion was approved by a vote of 6-0-0 (Dustin, Petschek, Miles, Jarema, Perkins, Tedesco). 2 ZBA Meeting, November 6, 2008 On a motion by Clark Petschek, seconded by Jeffrey Perkins, the Zoning Board of Appeals moved to accept the minutes of September 18, 2008. The motion was approved by a vote of 6-0-0 (Dustin, Petschek, Miles, Jarema, Perkins, Tedesco). On a motion by John Jarema, seconded by Clark Petschek, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by a vote of 6-0-0 (Dustin, Petschek, Miles, Jarema, Perkins, Tedesco). Respectfully OM en M. Recording Sf 3 ZBA Meeting, November 6, 2008