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HomeMy WebLinkAbout2006-06-01 Zoning Board of Appeals Minutes~w)m C~~RI( Town of Reading ZONING BOARD OF APPEALS Minutes of June 1, 2006 Members present: Susan Miller Robert Redfern Michael Conway - Members absent: Mark Gillis John Jarema Paul Dustin ? c~ 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 # 06-09 Continuation of a Public Hearing on the petition of Kevin Fulgoni who seeks an appeal from a decision of the Building Inspector under Section 7.4.2.1 of the Zoning By-laws in order to construct a single family dwelling on a non-conforming lot on the property located at Lot A, South Street in Reading, MA. Attorney Lisa Meade represented Kevin Fulgoni, the owner of the property. He is appealing the decision of the Building Inspector who denied a Building Permit to build a one family house on this lot. The lot has 5,336 square feet of area and 52.04' of frontage. Attorney Meade said in 1952 the lot contained 27,830 square feet but it was taken by eminent domain and the size was reduced drastically to the present dimensions. Before the taking, the access to the lot was on Main Street and faced other commercial property but it now fronts on South Street. This lot was originally surrounded by a zoned commercial district but now is surrounded by a zoned residential district. The lot conformed to zoning requirements prior to the taking by eminent domain. Attorney Meade contends that Lot A is a legal buildable lot and the Building Inspector should issue a Building Permit to the Applicant. Michael Conway said he was having trouble with the statute that Attorney Meade referred to because he thought it explicitly applied to residential lots only but Attorney Meade said she thought that the statute did apply to this case as a lawfully, non-conforming situation. June 1, 2006 The Building Inspector said he always sends situations like this to the Board for clarification. This same lot was denied a Building Permit in 2002 when it was previously requested. Town Counsel at that time told the Building Inspector it was not a legal buildable lot. The Chairman said she would like to know more about why Town Counsel made the determination she did in 1992. She asked Attorney Meade if she was just asking for a determination that the lot was buildable and Attorney Meade said that was all they were seeking. The Building Inspector said he could not agree with Attorney Meade's statement that the Applicant could use the older, grandfathered commercial zoning requirements on this lot that is now zoned for residential use. The Chairman said she would like to forward the entire packet to Town Counsel for her opinion and the setbacks that would now be required. Paula Gentile, 393 South Street, said the lot is so tiny that if it is developed it will change the entire end of South Street. She said it does not conform and she wanted to know what her rights were as an abutter. She also said she would be willing to confer privately with Mr. Fulgoni. She thought a house on that lot would reduce the value of her property and she indicated that she would be looking into legal representation for herself. Heather Penny, an abutter, said she also is opposed to this lot being developed. She said this lot had been denied Building Permits in the past and the traffic situation would be a problem for the neighborhood. - On a motion by Robert Redfern, seconded by Michael Conway, the Zoning Board of Appeals moved to continue the case to July 6, 2006 so that Town Counsel's opinion may be sought. The motion was approved by a vote of 3-0-0 (Miller, Redfern, Conway). Case # 06-12 A Public Hearing on the petition of Thomas Bringola who seeks a Special Permit under Section 6.3.17 of the Zoning By-laws in order to remove a portion of an existing dwelling and to construct a new dwelling on a non-conforming lot. The existing portion to remain (garage) is also nonconforming with setbacks on the property located at 609 Haverhill Street in Reading, MA. Thomas Bringola said he is seeking a Special Permit to rebuild a portion of an existing non- conforming building. He wants to tear down the existing house but leave the garage and build a new two-story colonial on the same footprint with a 4' addition on the back. He will be moving the 12' x 12' deck shown on the plans 4' from what is shown on the plan at the request of the Conservation Commission which will be issuing a permit to Mr. Bringola on June 14, 2006. The Board explained that they would need a revised plan in order for them to proceed with the case. 2 June 1, 2006 The Building Inspector said the Applicant could remove the deck from the request and he could apply for a permit for that at a later date. The Building Inspector said he would make sure the deck met the required setbacks as well as the Conservation Commission's requirements. Mr. Bringola so requested that the 12' x 12' deck be removed from this request. On a motion by Robert Redfern, seconded by Michael Conway, 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 dwelling while maintaining the existing two-car garage and construct a new single family two-story dwelling as shown on the submitted Certified Plot Plan with the following conditions attached: 1. The proposed 12' x 12' deck shown at the rear of the proposed dwelling shall be excluded from any part of this decision, as requested by the Applicant; 2. 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 permit; 3. The Applicant's final construction plans for the entire new dwelling (including Certified Plot Plan) shall be submitted to the Building Inspector prior to the issuance of a Building Permit; and 4. As-built plans showing the completed construction of the entire new dwelling, including the garage, 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 3-0-0 (Miller, Redfern. Conway). Case # 06-11 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. Michael Conway recused himself from the case because he is an abutter. Since there were only two other members of the Board present there was not a quorum. On a motion by Robert Redfern, seconded by Michael Conway, the Zoning Board of Appeals moved to continue the case to the next meeting on June 22, 2006. The motion was approved by a vote of 3-0-0 (Miller, Redfern, Conway). June 1, 2006 On a motion by Robert Redfern, seconded by Michael Conway, the Zoning Board of Appeals moved to adjourn the meeting. The motion was approved by a vote of 3-0-0 (Miller, Redfern, Conway). Respectfully submi kA! Maureen M: whi 4 June 1, 2006