HomeMy WebLinkAbout2004-01-08 Zoning Board of Appeals MinutesTown of Reading
ZONING BOARD OF APPEALS
Minutes of January 8, 2004 { A
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Members present: John Jarema G` 3
Robert Redfern
Susan Miller
Mark Gillis
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 present was Glen
Redmond, Commissioner of Buildings.
Case # 03-20
Continuance of a Public Hearing on the petition of Jon Aldrich & Karen Morgan who seek a
Variance/Special Permit/Appeal from a decision of the Building Inspector under Section(s)
5.1.2/6.3.11/5.2.3 of the Zoning By-Laws in order to construct a front porch on a non-
conforming structure on the property located at 40 Prescott Street.
The Chairman explained that the Zoning Board continued this case because the Board was
petitioning the Town Meeting members for an adjustment to Zoning By-Law 6.3.11 which
pertained to this case and which was subsequently approved at Town Meeting.
Susan Sheldon Smith, speaking on behalf of the Petitioners, explained that what they want to do
would cause the setback to remain 18.2 feet from the lot line. It would still maintain the side yard
setback and they would meet all .other zoning requirements.
The Board members said this was exactly why the case was continued and the revised Zoning
By-Law 6.3. 11 covered this situation exactly as to what the intent was.
On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted
to grant a Special permit to the Applicants under the newly adopted revised section 6.3.11.1 of
the Zoning By-laws in order to extend/construct a front porch addition to their dwelling with the
following conditions attached:
1. A Certified Plot Plan showing the proposed front porch extension/construction is submitted
to the Building Inspector prior to the issuance of a building permit;
2. A Certified Plot Plan of the as constructed porch foundation be submitted to the Building
Inspector prior to proceeding with the construction of the front porch extension; and
3. As-built plans of the improvements are submitted to the Building Inspector prior to issuance
of an Occupancy Permit.
The motion was approved 3-0-0.
On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted
to accept the Petitioners withdrawal of their request for aVariance under Section 5.1.2.
The motion was approved by a vote of 3-0-0.
On a motion by Susan Miller, seconded by Robert Redfern, the Zoning Board of Appeals voted
to accept the Petitioners withdrawal of their request for an appeal from a decision of the Building
Inspector.
The motion was approved by a vote of 3-0-0.
Case #03-22
A continuance of a Public Hearing on the petition of Michael & Kristen Merullo who seek a
Variance under Section 5.0 (sideyard setback) of the Zoning By-Laws in order to allow an
existing structure (currently under construction) to remain within the sideyard setback of 15'0"
on the property located at 48 Woodland Road.
The Chairman explained that this case was continued to allow the Petitioners to seek notarized
statements from the abutters that they would not challenge a granted Variance to the Petitioners.
All direct abutters filed written assents to the Petitioners' construction as proposed. The abutters
do not think the neighborhood has been substantially affected by this encroachment. The
Petitioners will provide sufficient buffering via landscaping.
On a motion by Mark Gillis, seconded by Robert Redfern, the Zoning Board of Appeals voted to
grant a Variance under Section 5.1.2 of the Zoning By-Laws to allow the Petitioners to build an
addition as shown on the submitted Plot Plan by Stephen M. Melesciuc, Professional Land
Surveyor #39049 of Reading, Massachusetts dated January 27, 2003 (Proposed Addition) and
October 16, 2003 (As-built plan) with the following 2 conditions:
1. The Petitioners provide a Certified Plot Plan prior to issuance of an Occupancy Permit; and
2. The Petitioners plant a 60 foot row (30 inches on the center of the south-westerly side yard
encroaching structure) of buffering vegetation on the south-westerly side yard line consisting
of ten to sixteen arborvitae trees spaced according to the plant's specifications.
The motion was approved by a vote of 3-0-0.
On a motion by Mark Gillis, seconded by Susan Miller, the Zoning Board of Appeals voted to
adjourn the meeting.
The motion was approved by a vote of 3-0-0.
Respectfully submitted,
Maureen M. Knight'
Recording Secreta>
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