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Home My WebLink About2007-10-04 Zoning Board of Appeals Minutes_11r_ V AWCLE&V, Town of Reading ZONING BOARD OF APPEALS Minutes of October 4, 2007 Members present: Robert Redfern, Chairman John Jarema Clark Petschek Paul Dustin Peter Tedesco Susan Miller Members absent: rS:LCEIVED C~ TOWN CLERK( RL A, D ? Gr M A S S. 20f1 V -I A 9: 21 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. Case #07-13 A continuation of a Public Hearing on the petition of Ann C. Toomey who seeks a Variance under Section 5.1.2 of the Zoning By-laws in order to construct an 5.5' x 22.2' addition (enclosed porch with a landing and stairs) on the property located at 140 Howard Street in Reading, MA. The proposed addition will be 9.3' from the sideline rather than the 15' required. The Chairman read a letter submitted by the Applicant requesting that she be allowed to withdraw her case without prejudice. On a motion by John Jarema, seconded by Paul Dustin, the Zoning Board of Appeals moved to accept the Applicant's request to withdraw her petition without prejudice. The motion was approved by a vote of 5-0-0 (Redfern, Dustin, Tedesco, Jarema, Petschek). Case # 07-16 A Public Hearing on the petition of Timothy G. Morrison who seeks a Variance/Finding under Section(s) 5.1.1 and 5.1.2 of the Zoning By-laws in order to construct a single family dwelling on a lot of land located on Lot 7, Map 96, West Street in Reading, MA. Attorney Brad Latham spoke for the Applicant. He said the lot has been an existing lot as laid out by plan since 1950. The Applicant lives in a house on an abutting lot. This vacant lot has always been held as a lot by itself and has never been part of another lot. The Morrison's bought ZBA Minutes, October 4, 2007 it as an investment in the 50's for their later years. At the time it was purchased it was a build- able lot. Mrs. Morrison would like to sell this lot to augment her finances. 37% of her Social Security goes towards the payment of taxes for this lot and she cannot continue to pay this. This lot was located in a S 15 district until it was changed to a S20 district. Attorney Latham said Mrs. Morrison did not keep up with the changes in zoning requirements in order to make this a legal lot because she thought it has been grandfathered. This is one of the largest house lots in the neighborhood. There had been a small land taking in the late 50's or early 60's for construction in West Street that made this lot somewhat smaller. It is large and is just barely below the requirement. It has 966/o of the lot requirement and 87% of the frontage requirement. The lot has been vacant for 57 years and is the only lot in the neighborhood that has not been built upon. There is a hardship factor because of the financial aspects in that the lot is a financial burden to Mrs. Morrison. The Chairman read a letter at the hearing from Sally Hoyt, a neighbor supporting this application. The Building Inspector said his only concern was that there might be a dwelling on an abutting lot that is encroaching on this lot. Attorney Latham said the Reading Land Trust did not see any value in keeping this as open land. Attorney Latham submitted a GIS printout that showed all the lots in the neighborhood and the houses on them. This printout'showed that Mrs. Morrison's vacant lot was the only one not built upon. Al Morrison, son of the Applicant, said the tree line is where the wetlands have been delineated. Mr. Morrison would want the new house to be built on the front of the lot away from the wetlands. The Chairman read a letter submitted to the Board by the Conservation Administrator saying there is a minimum lot area outside the area that should be determined even though the vernal pool is not on this property but is in the Land Trust area. Attorney Latham said a conservation filing would be required. There was also a letter submitted by the Reading Open Land Trust supporting this application as well as letters from three other abutters. Mr. Jarema asked Attorney Latham why they came before the ZBA before going to the Conservation Commission. Attorney Latham said that if this lot was not deemed a build-able lot by the Board they did not want to have Mrs. Morrison spend money on the conservation tests that would be required. Ms. Miller said if the Board had a consensus the 12,000 square feet upland area requirement was. met and the hearing was continued, then the Applicant could go before the Conservation Commission. When the Applicant got approval they could came back to the ZBA for the final motion and approval. rs 2 ZBA Minutes, October 4, 2007 Mr. Dustin said there is also the implied condition that the Board will grant their approval. The Chairman said he is uncomfortable with any implied approval. On a motion by Paul Dustin, seconded by John Jarema, the Zoning Board of Appeals moved to grant the Applicant a Variance from the specific requirements of Sections 5. 1.1 and 5.1.2 of the Reading Zoning By-laws to construct a single family dwelling on Lot 7, Plan 96, West Street as shown on a Certified Plot Plan, dated March 26, 2007, titled "Proposed Plot Plan, West Street, Reading, Massachusetts, prepared by Dana F. Perkins, Inc., 1049 East Street, Tewksbury, MA. This Variance is conditioned upon the following conditions: 1. The Petitioner shall submit to the Building Inspector a Certified Plot Plan of the proposed construction and proposed foundation plans, prior to the issuance of a foundation permit for the work. 2. The Petitioner's final construction plans for the new structure shall be submitted to the Building Inspector, along with the as-built foundation plan(s), prior to the issuance of a Building Permit. 3. As-built plans showing the completed construction shall be submitted to the Building Inspector immediately after the work is completed and prior to the issuance of an Occupancy Permit. The Motion was approved by a vote of 5-0-0 (Redfern, Miller, Jarema, Dustin, Petschek). Case # 07-17 A Public Hearing on the petition of Jeanne Allen who seeks a Variance and a Special Permit under Section(s) 4.3.2.8.2a / 4.3.2.8 of the Zoning By-laws in order to construct an addition to an existing single family dwelling and to use a portion of the addition for an accessory apartment on the property located at 85 Batchelder Road in Reading, MA. Clark Petschek recused himself from hearing this case because he is acquainted with the Applicants. The owner, Jeff Camenker, said the accessory apartment is for his mother-in-law who can no longer live on her own due to a heart condition: The reason they are coming to the Board is because there is no area within the current home for her to live in. She also cannot go up and down stairs. The Applicant's land contains wetlands but the proposed addition was already approved by the Conservation Commission. The addition will meet all zoning and conservation setbacks. His mother-in-law will live on the main floor of the house. There will be a kitchenette area for her to be able to cook and keep her independence. The addition will fit in well with the neighborhood and the access to the mother-in-law's living area is not noticeable. The Building. Inspector said if you didn't see the floor plan you would think it is just an addition on a single-family house. 3 ZBA Minutes, October 4, 2007 Mr. Jarema said the original intent of the by-law was to subdivide a larger house and create an accessory apartment and not to add an addition to be used for this purpose. In this case the structure was actually going to be changed in order to add an accessory unit. The Building Inspector said the Applicant was here before the Board because he refused to issue a building permit because of the second kitchen that was shown on the plans. He said to him it indicated a separate dwelling unit. Mr. Dustin said that with the kitchen and the two entrances it indicates a two family. He said perhaps the solution right now is to just put an addition on and then perhaps the by-law will be amended in the near future. He explained that they could withdraw without prejudice. The Applicant requested that the application be withdrawn without prejudice. On a motion by Paul Dustin, seconded by John Jarema, the Zoning Board of Appeals inoved to accept the Applicant's request to withdraw the case without prejudice. . The motion was approved by a vote of 5-0-0 (Redfern, Miller, Jarema, Dustin, Tedesco) Minutes On a motion by Paul Dustin, seconded by Clark Petschek, the Zoning Board of Appeals moved to accept the minutes of September 6, 2007, as amended. The motion was approved by a vote of 5-0-0 (Redfern, Miller, Dustin, Tedesco, Petschek). Adjournment On a motion by Paul Dustin, seconded by Clark Petschek, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by a vote of 5-0-0 (Redfern, Miller, Dustin, Tedesco, Petschek). y Maureen M. Recording S 4 ZBA Minutes, October 4, 2007