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HomeMy WebLinkAbout2003-08-21 Zoning Board of Appeals Minutes;vr c Town of Reading - ZONING BOARD OF APPEALS'` August 21, 2003 L(l ttd ..N £ `1 S Members present: John Jarema Robert Redfern Paul Dustin 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 present was Glen Redmond, Commissioner of Buildings. Case #03-15 A Public Hearing on the petition of Peter & Karen Stroman who seek a Variance and a Special Permit under Section(s) 5.0 (5.1.2) / 6.3.17 of the Zoning By-Laws in order to add a 2-story addition within the required setbacks and to remove an existing non-conforming deck and to reconstruct that deck on the property located at 46 Washington Street. i Susan Sheldon Smith spoke on behalf of the Petitioners. The house is non-conforming and located in an older section of town where most houses in the neighborhood are 2 %2 stories. The lot is 56% smaller than the present lot requirements and the house does not meet the current required side setbacks. The addition and deck would not make the property more non- conforming than it presently is. In order to avoid a roof problem on the addition they are extending a ridge straight off instead of an asymmetrical ridge. The deck will have a three inch overhang from front to back and the bulkhead does not come into consideration. The Board would prefer to issue Special Permits for the deck under Section 6.3.17 and the addition under Section 6.3.11 instead of a Variance because they did not see the dwelling as unique to the neighborhood even though the Petitioner had the least frontage. The Board members asked to hear the four criteria the Petitioner was presenting for a Variance. Ms. Smith said the lot is nonconforming by width, frontage and side setbacks and she thought the shape itself was a hardship. The Chairman asked if she thought any house that has a 50 foot frontage and less than 6,500 square feet should be given a Variance and she said yes. She explained that the Petitioners want to preserve their backyard and with a six foot narrower building the ridge would be 3" offset which would cause a weather proofing problem and be more expensive than a asymmetrical roof rafter. The proposal to extend the house and remove and repair the deck is not detrimental to the public good and encroaches no further than at the present. Her interpretation is that the Variance is exactly for these kinds of conditions. The Board did not hear anything that made it unique and a request for a Special Permit would be more appropriate than a Variance. The Petitioner requested that the application for a Variance be withdrawn. On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted to accept the Petitioner's request that the application for a Variance be withdrawn. The motion was approved by a vote of 3-0-0. On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted to grant the Petitioner a Special Permit under Section 6.3.11.1 of the Zoning By-Laws in order to construct a 2-story addition at the rear of the dwelling of the property located on 46 Washington Street as shown on the submitted Certified Plot Plan prepared by Robert W. Smith P.E., R.L.S. of Peabody, MA, dated May 30, 2003, and revised June 9, 2003, with the following two conditions: 1. The Petitioner's final construction plans, along with a Certified Plot Plan, shall be submitted to the Building Inspector prior to his issuance of a Building Permit and 2. A final As-built plan showing the final construction shall be submitted to the Building Inspector immediately after the work is completed. The motion was approved by a vote of 3-0-0. On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted to grant the Petitioner a Special Permit under Section 6.3.17 of the Zoning By-Laws in order to demolish an existing deck and to construct a new deck with offsets as shown on the submitted Certified Plot Plan by Robert W. Smith, P.E., R.L.S. of Peabody, MA, dated May 30, 2003 and revised June 9, 2003. The Special Permit is granted subject to the following two conditions: 1. The Petitioner's final construction plans, including Certified Plot Plan, shall be submitted to the Building Inspector prior to his issuance of a Building Permit and 2. A final As-built plan showing the final construction shall be submitted to the Building Inspector immediately after the work is complete. The motion was approved by a vote of 3-0-0. Case #03-16 A Public Hearing on the Petition of Kristen Mary & Gregory Gohr who seek a Special Permit under Section 6.3.17 of the Zoning By-Laws in order to demolish an existing dwelling and to construct a new single family dwelling on the property located at 77 Scotland Road. Gregory Gohr said they want to demolish an existing non-conforming cape that sits sideways on the property and build a single family colonial with a two-car garage. The new dwelling will meet all required setbacks unlike the existing dwelling which does not. The Petitioner has done the best that could be done with the lot, it will be more conforming than what is there now, and the existing house fits less into the neighborhood than the proposed dwelling. The Board noted that this was the fastest case they had ever heard. 2 On a motion by Susan Miller, seconded by Robert Redfern, the Zoning Board of Appeals voted to grant the Petitioner a Special Permit under Section 6.3.17 of the Zoning By-Laws in order to demolish the existing dwelling located on the property at 77 Scotland Road and to construct a new single-family dwelling as shown on the Certified Plot Plan dated July 14, 2003, prepared by Stephen M. Melesciuc of Reading, MA, subject to the following two conditions: 1. A Certified Plot Plan showing the proposed reconstruction is submitted to the Building Inspector prior to issuance of a Building Permit and 2. An As-built is submitted to the Building Inspector prior to issuance of an Occupancy Permit. The motion was approved by a vote of 3-0-0. Case #03-17 A Public Hearing on the petition of Richard & Jillian Kenney who seek a Special Permit under Section 6.3.17 of the Zoning By-Laws in order to demolish an existing dwelling and to construct a new single family dwelling on the property located at 40 Harvest Road. The Petitioner wants to demolish a bungalow currently on the property and build a modular one- family colonial. They had signed a purchase and sales agreement for the property with a contingency based on the decision of the Zoning Board. The new dwelling, which would have frontage on Harvest Road, would be more conforming than what is presently there. They propose to demolish a single-family dwelling on one lot and to construct a single-family dwelling using both lots. The Building Inspector said the two lots have to be combined into one lot by either a subdivision or an ANR. The Board suggested a continuance so that the owners and prospective owners could speak with town departments regarding merging the two lots into one. On a motion by Robert Redfern, seconded by Susan Miller, the Zoning Board of Appeals voted to continue the hearing for Case # 03-17 to September 4, 2003. The motion was approved by a vote of 3-0-0. On a motion by Robert Redfern, 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. ~espectfizlly submi Maureen M. Knigh- Recording Secretay'.