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HomeMy WebLinkAbout2005-06-02 Zoning Board of Appeals MinutesTown of Reading ZONING BOARD OF APPEALS Minutes of June 2, 2005 Members Present: Susan Miller Paul Dustin Robert Redfern Members Absent: Mark Gillis. John Jarema Michael Conway ;L ERK > MASS. LUtuJ - I 311, 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 # 05-11 A Public Hearing on the petition of Improve One Services, Inc. who seeks a Variance under Sections 5.0/5.1.2 of the Zoning By-laws in order to construct a 12' x 14' unheated sunroom with a 10' x 10' open deck which encroaches into the required rear yard setback of 20' on the property located at 30 Parsons Lane. The proposed structure will be 16.1' from the rear lot line. Eric Peabody of Improve One Services spoke for the Applicant. He said there was a hardship because the lot is long and narrow and the location chosen is the most practicable. If the structure was not on the north side they could not maximize the light. The Ryan's wanted to pick a style that would not be overpowering and would have less of an impact on the neighborhood. It would not have a negative affect if granted and will not impact the neighbors in any way because the adjacent rear property is municipal land. The Board members did not think the argument about the hardship being the long narrow lot and the placement of the house on the lot was valid because there is another house in the neighborhood with a similar shape lot. There also did not seem to be any financial hardship involved. Mr. Peabody said were the room to be located at another location on the property it would have a negative impact on the Applicant because there would be less sun available. Another location would also increase the traffic around the inside of the house to reach the sunroom. Most of the floor plan is open and this particular placement puts the sunroom near the kitchen. The Board questioned if there was not another size sunroom that would fit into the setbacks but Mr. Peabody said this is what the owner chose and the placement is necessary for the sunlight. The Applicant said it is a classic European style and was the most pleasing to them. If they kept that style and reduced it in projection the net usable space within the room would be lessened. The Applicant was quite set on this particular style and size even though they could take out a section that would reduce the size but meet the zoning setback. Mr. Ryan said his wife would not accept another design and any changes would ruin the classic lines of the conservatory. On a motion by Robert Redfern, seconded by Paul Dustin, the Zoning Board of Appeals moved to grant a Variance to the Applicant for a proposed 12' x 14' sunroom addition to the dwelling at 30 Parsons Lane, Reading, as shown on the submitted plot plan. The motion was denied by a vote of 0-3-0 (Miller, Redfern, Dustin). Case # 05-12 A Public Hearing on the petition of Thomas J. Bringola who seeks a Special Permit under Section 6.3.17 of the Zoning By-laws in order to tear down a non-conforming single family dwelling and construct a new dwelling on a non-conforming lot on the property located at 71 Mt. Vernon Street. Thomas Bringola said he wanted to tear down the current non-conforming structure and build a new structure that complies with the setbacks but does not have the required frontage or area. The present structure is a small two-bedroom house. The new house will be of a moderate size and 27' to the top of the roof ridge. The Board thought the new structure will be more conforming and the Applicant meets the criteria for 6.3.17. Kenneth Brickhouse, 78 Mt. Vernon Street, asked if the new structure has to be a single family home and he was informed that it does have to be. George Mansfield of 67 Mt. Vernon Street lives next door. He said he has a large backyard that he enjoys and he is worried about the height of the building blocking out the sun. Mr. Bringola said the new house would be about 3' higher than now and about 3' further back. Mr. Mansfield also mentioned that the fence needs work and should be fixed. Mr. Bringola said it will be a modular house and construction should only last about 4 weeks. They will observe the normal construction hours. The existing garage will stay the same as it is because it is in good shape. Donna Woodland, 72 Mt Vernon St, wanted to know about the retaining wall and she was told it would not change. David Howard, 72 Mt Vernon Street, was worried about the run off and wanted to be sure it would be a single-family home. Donna Hamer, 25 Dudley Street, asked Mr. Bringola to remove some tree debris in the yard because it is unsightly. On a motion by Paul Dustin, seconded by Robert Redfern, 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 raze the existing dwelling and construct a new dwelling on the property with the usual three standard conditions: the Applicant must submit to the Building Inspector a Certified Plot Plan for a foundation permit, construction plans for a building permit, and an as-built construction plan prior to an occupancy permit. The motion was approved by a vote of 3-0-0 (Miller, Redfern, Dustin). Case #04-20 Request for a modification to a previously granted permit. The original request was for a Special Permit under Section 6.3.17 of the Zoning By-laws in order to remove a non-conforming structure and to construct a new mud room and porch within the required rear yard setback on the property located at 19 Sunnyside Avenue. Dave McCarthy said he wants to extend the roofline over the rear stairs to prevent ice buildup on the stairs. There is nothing on the plans about this now and they want to add this to the plans. Glen said the setback for the dwelling is 20'. The original and the revision have a slight encroachment. He said he did not have any problems with this revision. On a motion by Robert Redfern, seconded by Paul Dustin, the Zoning Board of Appeals moved to grant the request for a modification to the Special Permit previously granted to the Applicant to extend the roofline over the rear stairs. The Applicant must submit the necessary documentation to the Building Inspector and obtain any permits necessary for the project. The motion was approved by a vote of 3-0-0 (Miller, Redfern, Dustin). Case# 05-07 Continuation of a Public Hearing on the petition of Danis Reading Realty Trust who seeks a Variance/Appeal from a decision of the Building Inspector under Sections 6.2.3/7.4 of the Zoning By-laws in order to install a free-standing sign on the property located at One General Way. The sign exceeds the maximum sign area allowed and also exceeds the allowable height. The Town Planner received an email from the Applicant's attorney stating they were withdrawing their petition. On a motion by Robert Redfern, seconded by Paul Dustin, the Zoning Board of Appeals moved to grant the request by the Applicant's attorney to withdraw his petition without prejudice. The motion was approved by a vote of 3-0-0 (Miller, Redfern, Dustin). Minutes The minutes of March 17, 2005 were approved with changes. The motion was approved by a vote of 3-0-0 (Miller, Redfern, Dustin). The minutes of April 7, 2005 were approved with changes. The motion was approved by a vote of 3-0-0 (Miller, Redfern, Dustin). The minutes of April 21, 2005 were approved with changes. The motion was approved by a vote of 3-0-0 (Miller, Redfern, Dustin). On a motion by Robert Redfern, seconded by Paul Dustin, the Zoning Board of Appeals voted to adjourn the meeting. The motion was approved by a vote of 3-0-0 (Miller, Redfern, Dustin). Respectfully submitted, Maureen M. Knight Recording Secretary 4