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HomeMy WebLinkAbout2004-10-07 Zoning Board of Appeals MinutesTown of Reading ZONING BOARD OF APPEALS Minutes of October 7, 2004 Members Present: Robert Redfern John Jarema Paul Dustin Michael Conway Members Absent: Mark Gillis Susan Miller 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# 04-21 Continuation of a Public Hearing on the petition of Carolyn Boviard who seeks a Variance under - Sections 4.2 / 5.1.1 / 5.1.2 / 5.2.1 / 5.2.3.5 / 5.2.8.1 / 6.3.3 of the Zoning By-laws in order to request same relief previously granted Case 998-26 to convert existing barn into a single family dwelling on the property located at 42 Chute Street. On a motion by John Jarema, seconded by Paul Dustin, the Zoning Board of Appeals voted to accept the Applicant's request for withdrawal without prejudice. The motion was approved by a vote of 3-0-0 (Redfern, Jarema, Dustin). CASE # 04-25 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. David Johnson said the house was owned by Mrs. Kemp and was condemned by the Reading Board of Health. Her attorney is Mr. Nelligan who has power-of-attorney. Johnson will be buying the property from Mrs. Kemp at the end of the month. The new house he would like to build is slightly over 2000 square feet. The neighborhood is diverse and this was one of the larger plots in the area. The house would be 44' across and will meet the side and front setbacks. There will be a 16' x 10' open deck with crushed stone 1 underneath. The front will have a farmer's porch. There will be a small 2-car garage. It covers more area than the existing house but will still be under the 25% coverage requirement. The Board discussed whether they could issue a Special Permit to an individual who is not yet the actual owner. The application lists Johnson as the owner but the Building Inspector thought the attorney who has power-of-attorney should have also signed the application. Dave Johnson requested a continuance to October 21 st to give him time to have Attorney Nelligan sign the Zoning Board application on behalf of Mrs. Kemp. On a motion by John Jarema, seconded by Paul Dustin, the Zoning Board of Appeals voted to continue the case to October 21, 2004. The motion was approved by a vote of 3-0-0 (Redfern, Jarema, Dustin) CASE # 04-26 A Public Hearing on the petition of John & Cynthia Daley who seek a Special Permit under Section 6.3.17 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 34 Puritan Road. John Daley said they have four children in a house that has 900 square feet of living space with only two bedrooms. The structure was built in 1930 with a crawl space and the garage is built on cement blocks. They cannot put a second floor on and it will be easier and less expensive to tear down and rebuild. The new structure would have 10' side-setbacks the same as the present structure. The Building Inspector said other than the 10' side-setbacks this was a typical reconstruction after destruction. On a motion by Paul Dustin, seconded by John Jarema, the Zoning Board of Appeals voted to grant the Applicant a Special Permit under Section 6.3.17 of the Zoning By-laws in order to permit the demolition of the existing dwelling and construct in its place a single family dwelling on a non-conforming lot on the property shown on the plot plan prepared by David Philip Terenzoni, Registered Land Surveyor, dated August, 2004, with the usual three conditions. The motion was approved by a vote of 3-0-0 (Redfern, Jarema, Dustin) CASE # 04-24 Continuation of a Public Hearing on the petition of Lisa & David Tavoletti who seek a Variance under Section 5.1.2 of the Zoning By-laws in order to construct a two story addition within the required side yard setbacks on the property located at 12 William Road. A similar Variance was granted to the Applicants in Case # 02-10 on May 23, 2002. The Applicants presented documentation on the easement by Tennessee Gas along with an updated plot plan indicating the easement. The Board explained they also need approval by the Town Engineer regarding the ground water recharge system or the Building Inspector would not be able to issue a building permit. The gas easement caused the uniqueness of the lot. On a motion by John Jarema, seconded by Paul Dustin, the Zoning Board of Appeals voted to grant a Variance to the Applicants from Section 5.1.2 of the Zoning By-laws to construct an addition to their present home that encroaches onto the NW side lot line by 5' at the rear corner of the structure and 3.5' at the front corner, as depicted on the certified plot plan drawn by Stephen M Melesciuc and dated October 3, 2004, with three conditions. 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 voted to adjourn the meeting. The motion was approved by a vote of 4-0-0 (Redfern, Jarema, Dustin, Conway). Respectfully h n Maureen M. Recording S 3