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HomeMy WebLinkAbout2007-08-16 Zoning Board of Appeals Minutes-TA~LMK Town of Reading ZONING BOARD OF APPEALS Minutes of August 16, 2007 Members present: Robert Redfern, Chairman Susan Miller Michael Conway Paul Dustin Clark Petschek fF~ Members absent: John Jarema Peter Tedesco I C-N D TOW CLERK R ADING, MASS. ZQOI SEP 25 A !i 4 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 # 07-12 A Public Hearing on the petition of Steven & Elizabeth DeMarco who seek a Variance and a Special Permit under Section(s) 5.1.2 & 6.3.17 of the Zoning By-laws in order to remove an existing open deck and to construct a one-story sunroom 10.75 x 15.08 on the property located at 265 High Street in Reading, MA. The property is located in an 5-15 District. Elizabeth DeMarco said the open deck could only be utilized at certain seasons so they would like to construct an enclosed space that can be used twelve months of the year: Mr. DeMarco said they have lived at this address for nine years and have improved the property greatly during this time. The Building Inspector said there was a prior Variance granted to build the 10' x 20' deck and at that time they said it would be an 18' setback but in reality it has a 15.4' setback. The new room will improve the setback to 16'. He said he advertised the case for both a Special Permit and a Variance to cover either situation because he was not sure what it should be. Paul Dustin said it looks like they are removing an existing structure and building a different structure. The Chairman explained the difference to the Applicants between a Special Permit and a Variance and what criteria would be required for a Variance. Mr. Dustin said perhaps they should treat it a Special Permit application. The Building Inspector agreed and said they could add a modification if required. ZBA Minutes, August 16, 2007 The Applicants submitted two letters from neighbors who did not object to the proposed new room. The Chairman read the letters supporting the proposed sunroom. Clark Petschek said issuing a Special Permit would seem to negate one of the conditions of the previous Variance regarding the maintaining of the fence. The Building Inspector said they could condition the new Special Permit to meet the conditions required for the prior Variance and the Chairman agreed. The Chairman said it is a unique lot for the area, raised and very narrow. Susan Miller wanted to know if it was possible to just amend the previous Variance. Mr. Conway said the Applicants should apply for a new Variance using the same conditions because this would be the cleanest way to go. Mr. Dustin said he had a problem with the two different surveys. The Chairman said they would reference the newest survey in their decision. The Chairman said there was one previous abutter who had requested that there be a fence so their view of the deck would be obscured and that could be why there was a requirement to maintain this fence in perpetuity. Mr. DeMarco said the house that required the fence is now owned by the Mauriellos. They submitted one of the letters saying they had no objection to the proposed sunroom. The.Chairman read the criteria that were submitted for the first Variance and they are still applicable today regarding the proposed sunroom. On a motion by Susan Miller, seconded by Paul Dustin, the Zoning Board of Appeals moved to grant the Applicants a Variance from Section 5.1.2 of the Zoning By-laws in order to remove the existing deck and construct a one-story sunroom, 151" wide x 10'9" deep to encroach no more than 16' from the rear lot line as shown on plans prepared by David P. Terenzoni, P.L.S., dated July 26, 2007, revised August 2, 2007. The Variance is subject to 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, Dustin, Conway, Petschek). Reorganization of the Board for 2007-2008: It was determined by the Board that they would continue with the present organization. 2 ZBA Minutes, August 16, 2007 On a motion by Paul Dustin, seconded by Susan Miller, the Zoning Board of Appeals moved to appoint Robert Redfern to continue as Chairman. The motion was approved by a vote of 5-0-0 (Redfern, Miller, Dustin, Conway, Petschek). On a motion by Susan Miller, seconded by Michael Conway, the Zoning Board of Appeals moved to appoint Paul Dustin to continue as Vice-Chairman: The motion was approved by a vote of 5-0-0 (Redfern, Miller, Dustin, Conway, Petschek). Minutes: On a motion by Clark Petschek, seconded by Paul Dustin, the Zoning Board of Appeals moved to accept the minutes for August 2, 2007 as submitted. The motion was approved by a vote of 5-0-0 (Redfern, Miller, Dustin, Conway, Petschek). On a motion by Paul Dustin, seconded by Michael Conway, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by a vote of 5-0-0 (Redfern, Miller, Dustin, Conway, Petschek). y submi Maureen M. Recording S 3 ZBA Minutes, August 16, 2007