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HomeMy WebLinkAbout2004-11-04 Zoning Board of Appeals MinutesTown of Reading ZONING BOARD OF APPEALS - Minutes of November 4, 2004 Members Present: Susan Miller John Jarema Paul Dustin rI Michael Conway C5V - : c - Mark Gillis cD 1 j c 17 'M' Members Absent: Robert Redfern _ 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 # 04-28 A Public Hearing on the petition of Stephen & Gina Lawrence who seek a Special Permit under Section 6.3.17 of the Zoning By-laws in order to remove a portion of an existing non-conforming structure and replace with new construction on the property located at 13 John Street. Gina Lawrence said this area of the house is falling apart and they want to demolish it and rebuild. The Building Inspector said he did not have any concerns. The Board questioned how the structure basically sits right on the lot line. But by keeping it in the same footprint it presents a dilemma and is this the maximum extent practicable solution because right now they have a structure that does not meet any of the setbacks. Although the Lawrence's are friends with the abutter the Board had some concern for the future of the property if the property changed owners. Although there may be a wall 4' away it is not on their property because the Lawrence's property ends right on the lot line with their house. The petition does meet the language and intent of Section 6.3.17 and the Board has the authority to grant the request. On a motion by John Jarema, seconded by Paul Dustin, the Zoning Board of Appeals voted to grant the Petitioners a Special Permit under Section 6.3.17 of the Zoning By-laws in order to demolish and replace the portion of the house on the Westerly lot line with a two story addition. It is also required that no point of the addition shall be closer than 1.2' to the Westerly lot line and otherwise it is within the footprint as described by the Plan of Land prepared by Dewsnap Engineering associates, LLP, 178 Lincoln Avenue, Saugus, MA, dated August 11, 2004 as revised September 2, 2004, with the usual three conditions. The motion was approved by a vote of 3-0-0 (Miller, Jarema, Dustin). Minutes: On a motion by Mark Gillis, seconded by Paul Dustin, the Zoning Board of Appeals voted to accept the minutes of June 3, 2004, with changes. The motion was approved by a vote of 3-0-0 (Gillis, Miller, Dustin) On a motion by Mark Gillis, seconded by Paul Dustin, the Zoning Board of Appeals voted to accept the minutes of August 19, 2004, with changes. The motion was approved by a vote of 2-0-0 (Dustin, Jarema) Other Business: 77 Bancroft Street: The Building Inspector thought this situation required a Variance from the Board. The Board said the Building Inspector could refuse to issue the building permit and instead require the applicant to file for a formal hearing to ask for a Variance from the Board. Proposed change in number of members of the Zoning Board of Appeals: The Board had a discussion regarding the Selectmen's suggestion that the Zoning Board of Appeals be comprised of five voting members and two associates for a total Board of seven members. On a motion by Mark Gillis, seconded by John Jarema, the Zoning Board of Appeals voted to take the position, initially to the Board of Selectmen, and thereafter to Town Meeting, that the Board does not support the proposed increase in membership to 5 voting members and 2 associates from it's current composition of 3 voting members and 3 associates. The motion was approved by a vote of 5-0-0 (Miller, Jarema, Dustin, Gillis, Conway). On a motion by Mark Gillis, seconded by John Jarema, the Zoning Board of Appeals voted to adjourn the meeting. 2 The motion was approved by a vote of 5-0-0 (Miller, Jarema, Dustin, Gillis, Conway). Respectfully submi.ted, Maureen M. fight Recording Sec etary 3