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Home My WebLink About2006-06-22 Zoning Board of Appeals Minutes,--To wa CLERK Town of Reading ZONING BOARD OF APPEALS Minutes of June 22, 2006 Members present: Robert Redfern John Jarema Paul Dustin r. ; w j (_T" 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. Members absent: Mark Gillis Susan Miller Michael Conway Case # 06-11 Continuation of a Public Hearing on the petition of Virginia Zitzow who seeks a Special Permit under Section 6.3.17 of the Zoning By-laws in order to construct a new single family dwelling on a non-conforming lot after the demolition of the existing dwelling on the property located at 129 Oak Street in Reading, MA. Robert Zitzow said his mother is a life long resident of Reading. Her house is falling apart and needs to be replaced. The family wants to tear down the house and build another house with handicapped access. Robert Redfern said there was an email submitted to the Board from Fran Fink, Conservation Administrator, who said there might be an issue with wetlands in the Reading Land Trust that is adjacent to this lot. If there is any work done within 100' of the wetlands there might be an issue with the Conservation Commission. The house was built pre-zoning and is considered legal non- conforming only because of the lot size. The old dwelling and the new proposed dwelling appear to meet the zoning requirements. Mr. Zitzow said he planned on keeping the old two-car garage although the contractor indicated on the plot plan they were demolishing it. The new.two-story dwelling will have an attached two-car garage even though they are planning on also keeping the old two-car garage. c i. The Building Inspector said the bylaws state there is a three-car garage maximum. Mr. Zitzow said the old garage was going to act as a tool shed and not be used as a garage. The Board would like a notarized statement from Mrs. Zitzow that this older structure will not be used as a garage but instead will only be used as storage. This will also be included as a condition on the Special Permit. On a motion by Paul Dustin, seconded by John Jarema, the Zoning Board of Appeals moved to grant a Special Permit to Virginia Zitzow under Section 6.3.17 of the Zoning By-laws in order to remove the current dwelling and replace it with a new structure on the property located at 129 Oak Street, as shown on the Certified Plot Plan. This Special Permit is conditioned upon the following: 1. The Applicant 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 plan for the work. 2. The Applicant's final construction plans for the new dwelling shall be submitted to the Building Inspector 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. 4. The Applicant shall attach a Notarized Statement to the above referenced Certified Plot Plan attesting to the fact that the garage is not to be razed but is to remain. This statement is to be provided to the Building Inspector to be retained along with the Certified Plot Plan. The motion was approved by a vote of 3-0-0 (Redfern, Jarema, Dustin). Case # 06-13 A Public Hearing on the petition of William Johnson who seeks a Special Permit and an Appeal from the decision of the Building Inspector under Sections 6.3.17 & 7.4.2.1 of the Zoning By- laws in order to demo an existing non-conforming dwelling and to construct a new single family dwelling on a non-conforming lot on the property located at 237 Ash Street in Reading, MA. Attorney Chris Coleman spoke on behalf of the Applicant, William Johnson, Agent and Contract Builder for this property at 237 Ash Street that is owned by Richard & Sandra Herlihy. There is presently a single story ranch on the lot and the side setbacks do not meet the current setbacks but the proposed dwelling will. The shed currently on the lot is going to be moved so that it also meets the current setbacks. The proposed new structure will have 2,200 square feet of dwelling area. The address of the new house will be on Benjamin Lane. The Building Inspector said that Engineering has to approve the address and the curb cuts. The Applicant said the departments in the Town have already approved this structure being placed on Benjamin Lane. The owner does not presently own the parcel that the driveway will be located on but his application does indicate the parcel will be conveyed to the owner of 237 Ash Street. John Jarema said the Applicant is asking for a Special Permit for 237 Ash Street when actually this permit will be for a house to be addressed on Benjamin Lane. The Board determined that they could issue a permit for 237 Ash Street and it is up to the Applicant to go through the process of an address change. The proposed dwelling will improve the setback conditions over what is presently there. The 2 and %Z story colonial seems will fit in well with the neighborhood. William Johnson wanted to know if the proposed footprint would have to be exact as shown or does the Building Inspector have the discretion to allow modifications. The Building Inspector said he could allow a modification as long the dwelling meets the setbacks but if it he deemed it a substantial modification he would require the Applicant to return to the Board for a modification. Marion Defreo, Ash Street, wanted to know if the new dwelling was going to change the storm- water runoff and the Applicant said there is no runoff into Benjamin Lane from this lot. 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 an existing, non-conforming single family dwelling on a non-conforming lot and to construct a new dwelling that will conform to current setback requirements on the property located at 237 Ash Street, as shown on the submitted Certified Plot Plan with the following conditions attached: 1. A Certified Plot Plan showing the proposed work is submitted to the Building Inspector prior to the issuance of a Building Permit; 2. A Certified Plot Plan of the "as-constructed" foundation for the new addition be submitted to the Building Inspector prior to proceeding with final construction; and, 3. A Certified "as-built" plan of the new single family dwelling is submitted to the Building Inspector prior to the issuance of an Occupancy Permit. The motion was approved by a vote of 3-0-0 (Redfern, Jarema, Dustin). Case # 06-14 A Public Hearing on the petition of Quality Additions (Fred Hancox) who seeks a Special Permit under Sections 6.3.17 & 6.3.11.1 of the Zoning By-laws in order to demolish an attached non- conforming garage and to construct a larger garage/porch on a non-conforming lot on the property located at 84 Lowell Street in Reading, MA. The proposed structure does not conform to the current setbacks. Fred Hancock spoke on behalf of the owners, Fred & Joanne Garlick. He said they want to demolish an attached non-conforming garage and construct an addition with a farmer's porch on the lot that is nonconforming. John Jarema said perhaps they should move the second door so that it does not appear to be a two-family dwelling. The Applicant said that door is there because it was once a breezeway door. Mr. Garlick said there was a land swap with neighbors and that is why the old lot line was reflected on the plot plan. John Jarema questioned whether the dwelling would now exceed the 25% maximum lot coverage and said they should have the surveyor put the exact percentage on the Certified Plot Plan. He said he did not see any further encroachment into the setbacks. The Board decided to continue the case pending the submittal of a revised plot plan showing lot coverages. On a motion by Paul Dustin, seconded by John Jarema, the Zoning Board of Appeals moved to continue the case to July 6, 2006 in order to allow the Applicant to present a revised plot plan showing lot coverage. The motion was approved by a vote of 3-0-0 (Redfern, Jarema, Dustin). On a motion by John Jarema, seconded by Paul Dustin, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by a vote of 3-0-0 (Redfern, Jarema, Dustin). 4: