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HomeMy WebLinkAbout2004-10-21 Zoning Board of Appeals MinutesTown of Reading ZONING BOARD OF APPEALS Minutes of October 21, 2004 w Members Present: Robert Redfern " John Jarema ' Paul Dustin r- Susan Miller rn. Mark Gillis N Members Absent: Michael Conway 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 # 04-25 Continuation of a Public Hearing on the petition of David P. Johnson who seeks a Special Permit - under Sections 6.3.12/6.3.17 of the Zoning By-laws in order to demolish an existing structure on a non-conforming lot and to construct a new single family dwelling on the property located at 15 Lewis Street. Robert Redfern chaired because Susan Miller was not present at the previous hearing on this case. The applicant appeared before the Town Clerk with Attorney Nelligan who is the agent for the owner of the property, Alice Kemp. Attorney Nelligan signed the original Zoning Board application. The Applicant also submitted a purchase and sales agreement for the property that indicated he would be purchasing the property from Alice Kemp at the end of October. On a motion by Paul Dustin, seconded by John Jarema, the Zoning Board of Appeals voted to grant the Petitioner a Special Permit for the demolition of the present dwelling and construction in its place of a single family dwelling on a non-conforming lot on the property as shown on a certified plot plan prepared by D & A Survey Associates, Inc., Medford, MA, dated August 4, 2004, as revised on September 8, 2004. The motion was approved by a vote of 3-0-0 (Redfern, Jarema, Dustin). Susan Miller resumed her role as Chairman of the Zoning Board of Appeals. Case # 02-27 - A Public Hearing on the petition of Lydia Pellitier (Famum) who seeks a Variance/Special Permit under Sections 5.0/4.2.2/6.3.17/6.3 of the Zoning By-laws in order to demolish a non- conforming dwelling and to construct a new dwelling on a non-conforming lot on the property located at 315 Salem Street. This property is located in a Business B District. Jerry Pellitier said he bought this small house eight years ago with only one bedroom. The house is old with a rock and block foundation below grade. He wants to tear it down and build a new house that would meet all setbacks except for the front because he is trying to stay as far away from the nearby conservation land as possible. The plot plan shows the old and the new dwelling on the same plan. It is business zoned but the only business now on the block is the Cumberland Farms store. Susan Miller reminded the Applicant that he must meet and work with the Conservation Commission regarding the conservation requirements particular to this location. He was also reminded that since he will be changing the address from Salem Street to Line Road he will have to petition the Town Engineer for a new address number. The Board discussed how best to categorize the use and the setbacks since this is an unusual situation and not likely to be duplicated in the future. The various sections of the By-laws were discussed and how they might apply to this particular dwelling. John Jarema said he thought the Board did have the right to grant a Special Permit under Section 6.3.17 of the Zoning By-laws. He also said this project would complete the neighborhood and this area is getting something more beneficial than what had previously existed. The Board's concern is the zoning issue and not the conservation issues that will be examined by the Conservation Commission. This case was the same as 3 Line Road that had previously been granted a Special Permit but this case actually met more of the setback requirements. The Building Inspector said a condition should be put in the decision that restricts this structure to residential use and not allow future commercial use. Some Board members felt they did not have the power to override zoning regulations and restrict the future use of this structure. On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals voted to grant the Petitioner a Special Permit under Section 6.3.17 of the Zoning By-laws to demolish the existing dwelling and construct a new single family as shown on the submitted Plot Plan with the usual three conditions. The motion was approved by a vote of 3-0-0 (Miller, Redfern, Jarema). Other Business: 77 Bancroft Avenue, substantial/insubstantial modification to ZBA decision for Case #03-01. The Petitioners, Kelley and Bill Malin, were seeking an appeal from a decision of the Building Inspector to build a roof over a front landing measuring 42" off the house by 54" wide with handrails. The roof is to measure approximately 20 square feet. The Building Inspector had denied a Building Permit since such construction was deemed to require a modification to the Special Permit granted to the Petitioners under Case # 03-01. The Board was therefore asked to determine if the addition of the roof required a modification to the noted Special Permit. In presenting the facts relevant to the case the Petitioners stated that the proposed roof was not an extension of the main roof of the house and that columns at the outer edge supported it. The finished landing would therefore be unenclosed. Upon this basis the Board found that they did not consider that this construction required a modification to Special Permit # 03-01. The following motion was then made: The Zoning Board of Appeals finds that the request of Kelley and Bill Malin of 77 Bancroft Avenue in Reading, MA, for a 42" x 60" roof over an unenclosed front landing that measures 42" x 54" does not require a modification to Special Permit # 03-01, issued on February 20, 2003. Upon the request of the Building Inspector, an as- built plan shall be submitted following completion of the construction. The motion was approved by a vote of 3-0-0 (Miller, Redfern, Dustin). Minutes On a motion by Robert Redfern, seconded by John Jarema, the Zoning Board of Appeals voted to accept the minutes of July 15, 2004. The motion was approved by a vote of 3-0-0 (Miller, Redfern. Jarema). 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 5-0-0 (Miller, Redfern, Jarema, Dustin, Gillis). Respectfully submi Maureen M. Recording S