HomeMy WebLinkAbout2001-06-21 Zoning Board of Appeals MinutesTOWN OF READING i-
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ZONING BOARD OF APPEALS
MINUTES OF JUNE 21, 2001 ° MASS.
MEMBERS PRESENT: MICHAEL LARKIN 2001 NOV -5 P 4. 33
EDMUND BALBONI
JOHN JAREMA
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, and Town Counsel Joan Langsam were also in attendance.
Case #00-07
Continuance of a Public Hearing on the petition of Sheldon Bacon who seeks a variance
and/or special permit under Section 6.3.3.4/5.0 of the Zoning by-laws in order to add a
second story addition to a non-conforming existing garage on the property located at 352
Summer Avenue, Reading, MA.
The petitioner requested to withdraw his petition, without prejudice.
On a motion by John Jarema, seconded by Edmund Balboni, the Zoning Board of
Appeals voted to accept Sheldon Bacon's request to withdraw his petition for a
variance/special permit for the property located at 352 Summer Avenue, Reading, MA,
without prejudice.
The motion was approved by a vote of 3-0-0.
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. Vaccaro, et al, Massachusetts Land Court Misc. Case No. 252196,
affecting the premises located at Zero Condor Avenue, Reading, MA.
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, permission was granted to build a single
family house. The court requested clarification on two issues.
1. Was a zoning violation created when the lot was split in two.
2. Having frontage of less than 60'.
Exhibit E 1971 plot plan has the side yard at 15'. A building permit was issued on June 6,
1986 for reconstruction and a deck. The side yard set back is currently 11.9. John Drew
stated the contractor enclosed the porch and built a deck in 1986.
Zoning Board of Appeals Minutes of 6/21/01 page 2
John Jarema requested a certified plot plan from 1998 and present. He also requested the
building inspector visit the site to help determine if the addition/deck created the side
yard shortage. Then he will compare the 1971 plan to the present plan. The original plan
was drawn by Mr. Buttrich. Atty. Langsam stated if Section 6.3.1.3, A - F, criteria is met,
it is a buildable lot.
On a motion by John Jarema, seconded by Edmund Balboni, the Zoning board of Appeals
voted to continue the public hearing of Mark R. Calley, for the property located at Zero
Condor Avenue, Reading, MA, until August 16, 2001.
The motion was approved by a vote of 3-0-0.
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.
Atty. Mark Favalovo represented the petitioner. He submitted a letter of support from an
abutter and a case history. The previous issue was a variance need for the frontage. The
petitioner is requesting a driveway on Summer Avenue for access. The land is 3.8 acres.
Atty. Favalovo stated the Conservation Commission restricts the use of Willow Street as
an access, because of the wetlands.
John Jarema requested a written determination from the Conservation Commission.
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 August 2, 2001.
The motion was approved by a vote of 3-0-0.
Case #01-12
A Public Hearing on the petition of William Johnson who seeks a special permit under
section 6.3.1.3 of the Zoning By-laws in order to construct a dwelling on a buildable lot
on the property located on Lawrence Road, Map 130, Lots 45 & 46 in Reading, MA.
Chairman Michael Larkin swore in the applicants. Atty. Chris Coleman represented the
petitioner. Atty. Coleman submitted the sub-division plan, showing the lot size and
dimensions. He stated there is nothing presently built on the lot. Building Inspector Glen
Redmond requested a certified plot plan to determine if there is anything built on the lot.
Atty. Coleman stated he would agree to submit a certified plot plan as a condition to the
decision.
Zoning Board of Appeals Minutes of 6/21/01
page 3
Mr. Pressey purchased his lot in 1965. He purchased the adjoining lots in 1994. Helen
Austin owned lot 43 and lot 44 from June 29, 1945 to August 1994. She sold both lots to
Mr. Pressey in August 1994. The lot has 10,248 sq. ft. with 120' frontage. All abutting
lots are built upon. This is a S15 zone.
The Zoning Board of Appeals requested a certified plot plan for lot 45, 46 48, and 49.
On a motion by John Jarema, seconded by Edmund Balboni, the Zoning Board of
Appeals voted to continue the public hearing on the petition of William Johnson, for the
property located on Lawrence Road, Map 130, Lots 45 & 46, Reading, MA, until July 19,
2001.
The motion was approved by a vote of 3-0-0.
On a motion by John Jarema, seconded by Edmund Balboni, the Zoning Board of
Appeals voted to adjourn at 11:10 PM.
Respectfully submitted,
Joy Mohr
Recording Secretary