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HomeMy WebLinkAbout2007-04-05 Zoning Board of Appeals Minutes RECEIVED Toy CLERK Town of Reading READING, M A SS. ZONING BOARD OF APPEALS Minutes of April 5, 2007 2-01 JUN 22 P 3 I q Members present: Robert Redfern, Chairman Susan Miller John Jarema Paul Dustin Michael Conway Clark Petschek Members absent: Peter Tedesco 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 # 07-05 A Public Hearing on the petition of Kevin Plankey who seeks a Special Permit under Section(s) 6.3.17 of the Zoning By-laws in order to demolish an existing single family dwelling on a non- conforming lot and to construct a new single family dwelling on the property located at 43 Van Norden Road in Reading, MA. Attorney Rick Carter is the Applicant's attorney and Dave Johnson is the builder. It is a non- conforming lot and the Applicant is seeking a Special Permit. Attorney Carter said the proposed dwelling will meet all setback requirements unlike the present dwelling which does not. The proposed dwelling will fit in well with the neighborhood and will be an improvement over the present structure. The lot is non-conforming due to the less than minimum required area. Mr. Conway asked where the garage would be located and Mr. Johnson said the garage would be under the proposed dwelling. Mr. Plankey said he originally planned to have a deck but instead he is putting in a paver patio and the rear door will only have one or two steps. Mr. Plankey is not the owner of the property but has signed a Purchase & Sales Agreement contingent on his obtaining the Special Permit. His real estate broker, Kevin Coughlin, said this was a true statement. The Chairman told Mr. Plankey that the owner usually submits certification and Mr. Plankey said he had a copy of the Purchase & Sales Agreement. Attorney Carter said the owners of the property would come in to the Town Hall and sign the original application that is in the Town Clerk's office. 'V ZBA Minutes, April 5, 2007 Mr. Plankey said the Building Inspector told him he needed a plot plan showing where the existing house is located and where the proposed house will be. Mr. Plankey stated that ledge was encountered in the basement area of the existing dwelling. Attorney Carter asked if there would be a problem if there were a slight movement of the location of the structure from what is shown on the plot plan if there is a ledge problem. They would not violate any setback regulations. The Chairman said, in his opinion, any location within the building envelope shown on the plan seemed acceptable. Attorney Carter said he was hoping the Board would leave the location of the foundation to the Building Inspector. The Chairman said he felt the Board could allow the Building Inspector some latitude. He knew the Building Inspector would use good judgment and if he felt it was too much change from the Plot Plan he would have the Applicant appear before the Board again. Mr. Conway explained to the Applicant how the Board must have exact details of the proposed location of the new dwelling. The Chairman said the Board will reference the submitted plot plan in their decision and, if necessary, the Applicant can come back before the Board if the Building Inspector felt any change in the location of the proposed dwelling warranted it. The Chairman read a letter of support from a resident of 61 Van Norden Road who was in favor of the proposed new dwelling. The abutter who owns the property on both sides of this property said many of the lots in this area are non-conforming and he came to the meeting to see if the Applicant was asking for a Variance. Now that he knows what the Applicant is planning he does not have any objections to the proposed dwelling. On a motion by John Jarema, seconded by Paul Dustin, the Zoning Board of Appeals moved to grant the Applicant a Special Permit under Section 6.3.17 of the Zoning By-laws in order to demolish the existing structure and construct a new two and one half story, one-family dwelling at 43 Van Norden Road as shown on the submitted Certified Plot Plan with the following conditions attached: 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. 2 ZBA Minutes, April 5, 2007 The motion was approved by a vote of 5-0-0. (Redfern, Miller, Jarema, Dustin, Conway). Other Business The Chairman distributed to the other members of the Board some literature that he had acquired over the years regarding how to write a decision. Minutes On a motion by Susan Miller, seconded by John Jarema, the Zoning Board of Appeals approved the minutes of February 1, 2007. The motion was approved by a vote of 6-0-0. (Redfern, Miller, Jarema, Dustin, Conway, Petschek). On a motion by Paul Dustin, seconded by John Jarema, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by a vote of 6-0-0. (Redfern, Miller, Jarema, Dustin, Conway, _ Petschek). Respectfully Maureen M. Recording S 3 ZBA Minutes, April 5, 2007