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HomeMy WebLinkAbout2001-10-04 Zoning Board of Appeals MinutesTOWN OF READING A ZONING BOARD OF APPEALS" ' G' M SS. MINUTES OF OCTOBER 4, 2001 2001 NOV -5 P , 3 3 MEMBERS PRESENT: JOHN JAREMA EDMUND BALBONI SUSAN MILLER DONNA BOGGS 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 PM. Building Inspector Glen Redmond was also in attendance. Case #01-08 Continuance of a Public Hearing on the petition of Kevin Fulgoni, Trustee of Dennis- Magnus who seeks a variance under section 5.1.2 of the Zoning By-laws in order to construct a single family dwelling on the property located at Willow Street, Lot 19, Reading, MA John Jarema stated there are only two zoning board members present that attended the previous hearing. The applicant requested a continuance until the third member could attend. On a motion by Edmund Balboni, seconded by John Jarema, the Zoning board of Appeals voted to continue the public hearing on the petition of Kevin Fulgoni for the property located at Willow Street, Lot 19, Reading, MA, until October 18, 2001. The motion was approved by a vote of 2-0-0. Case #98-21 Continuance of a Public Hearing in order to address the issues remanded to the Zoning Board of appeals by the Massachusetts Land Court in the case of Mark R. Calley, et al. v. Christopher R. Vacarro, et al, Massachusetts Land Court Misc. Case No. 252196, affecting the premises located at Zero Condor Avenue, Reading, MA. Chairman John Jarema swore in the applicants. Atty. David McBride represented Raymond Johnston. This property is presently owned by John and Lorraine Drew who purchased this property in 1960. The property was split in 1960, creating two lots. In the fall of 1998, they received a special permit to build a single family house. This decision was appealed to the Massachusetts Land Court Misc Case No. 252196. The Land Court Judge requested clarification on two issues: 1. Did the lot's creation, in 1971, create a zoning violation by reducing the southerly side yard to less than 15'? 2. Did the lot meet the frontage requirements, when it was created? Zoning Board of Appeals Minutes of 10/4/01 page 2 Atty. McBride stated he contacted the original plan designer, Howard Buttrick for clarification, but Howard Buttrick no longer had a record of this plan. John Jarema requested a survey of the lot and a certified plot plan. Atty. William Chapman represented 26 people from the abutting properties. He stated the Appeals Judge requested clarification on the effective date of Zoning By-law 2.2.2.1.1. It was established on November 12, 1992, and would be effective five years from that date. Glen Redmond stated they need a certified plot plan. Atty. David McBride submitted two certified plot plans. The first by DNA Survey, Medford, MA, created October 12, 1998 and the second by John R. Murphy, Reading, MA, created June 18, 1998. Atty. McBride stated he will have the lot border staked to aide Building Inspector Glen Redmond's inspection of the property. Atty. McBride and Atty. Chapman will submit a short brief to Town Counsel Joan Langsam, for her review of this case. On a motion by Edmund Balboni, seconded by Susan Miller, the Zoning Board of Appeals voted to continue Case #98-21 for the property located at Zero Condor Avenue, Reading, MA, until November 1, 2001, for the purpose of the petitioner providing written briefs to the Zoning Board of Appeals and to Town Counsel. The petitioner will stake the property to allow the Building Inspector to ascertain the 1971 plan's accuracy. The Building Inspector will submit his results to the Zoning Board of Appeals. The motion was approved by a vote of 3-0-0.. Case#01-19 Continuance of a Public Hearing on the petition of David A. Kinsella for Mike Fallon who seeks a variance under section 5.0 of the Zoning By-laws in order to construct an addition within the front yard setback on the property located at 66 Richards Road, Reading, MA. David Kinsella submitted a revised plot plan. The petitioner is requesting permission to extend the roof gable 4'1", out over the existing stoop. This is in addition to the 1'2" gable already allowed. Glen Redmond recommended a 30 sq. ft. maximum area extension of the roofs over stoops. This includes a 4' maximum extension on new construction and a 4' maximum extension, from the l'2" overhang, on existing construction. He also stated the overhang cannot be closed in. On a motion by Robert Redfern, seconded by Edmund Balboni, the Zoning Board of Appeals made a finding that a 30 sq. ft. roof covering, over a stairs or stoop, would not be considered a structure, provided it is not enclosed with walls and remains open. They also found that the petition of David A. Kinsella for Mike Fallon, for the property at 66 Richards Road, Reading, MA, would fall in that criteria. The motion was approved by a vote of 3-0-0. Zoning Board of Appeals Minutes of 10/4/01 page 3 Old/New Business On a motion by Robert Redfern, seconded by Donna Boggs, the Zoning board of Appeals voted to accept the minutes of September 20, 2001, as amended. The motion was approved by a vote of 3-0-0. On a motion by Edmund Balboni, seconded by John Jarema, the Zoning board of Appeals voted to accept the minutes of June 21, 2001. The motion was approved by a vote of 3-0-0. John Jarema stated Anne Krieg stated every ruling must have three signatures. John will check with Town Counsel on to clarify this. John also stated he is waiting for current 40B regulations from Town Counsel and will set up a business meeting when he receives them. On a motion by Edmund Balboni, seconded by Robert Redfern, the Zoning Board of Appeals voted to adjourn at 10:00 PM. The motion was approved by a vote of 3-0-0. Respectfully submitted, f Joy Mohr Recording Secretary