HomeMy WebLinkAbout2000-07-20 Zoning Board of Appeals MinutesTOWN OF READING
ZONING BOARD OF APPEALS
MINUTES OF JULY 20, 2000
MEMBERS PRESENT: CHRISTOPHER VACCARO, CHAIRMAN T
SUSAN MILLER
BERNARD O'SHAUGHNESSY
MICHAEL LARKIN
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.
Case #00-15
A continuance of a Public Hearing on the petition of Richard Chase who seeks a special
permit under Section(s) 6.3/6.3.3.4 of the Zoning By-Laws in order to demolish an
existing dwelling on a non-conforming lot and to construct a new dwelling on that non-
conforming lot on the property located at 11 Nelson Avenue in Reading, MA.
Richard Chase submitted a list, from the tax assessors office, of the property owners
abutting his property, dating back to 1967. This property satisfies the conditions of
Section 6.3.1.2 of the Zoning By-laws.
On a motion by Susan Miller, seconded by Bernard O'Shaughnessy, the Zoning Board of
Appeals voted that the decision of the Building Inspector denying the building permit for
Richard Chase at the property at 11 Nelson Ave., Reading, MA be overturned and that
the building inspector be requested to grant a building permit to demolish the existing
dwelling and construct a new dwelling.
The motion was approved by a vote of 3-0-0.
Case #00-18
A continuation on the public hearing on the petition of Kenneth and Brenda Hobart who
seeks a special permit under Section 6.3/6.3.3.4 of the Zoning By-Laws in order to
construct a new single family dwelling on the non-conforming property located at 25
Vista Avenue, Reading, MA.
Christopher Vaccaro swore in the applicants. Atty. James Flood represented the
petitioner. Atty. Flood submitted the assessor's records for the abutting properties to
prove this property was not owned in duel ownership. This property is 6,180 Sq. ft. and
was established before 1967.
Zoning Board of Appeals Minutes of 7/20/00 page 2
On a motion by Susan Miller, seconded by Bernard O'Shaughnessy, the Zoning Board of
Appeals voted that the Building Inspector's denial of the building permit for Kenneth and
Brenda Hobart for the property at 25 Vista Avenue, Reading, MA, be overturned and the
Building Inspector be instructed to issue a building permit to construct a new dwelling
provided the new building complies with all dimensional requirements of the Zoning
Board of Appeals, except for the lot size and frontage.
The motion was approved by a vote of 3-0-0.
Case #00-21
A Public Hearing on the petition of James A. Soucy and Mary Friel-Soucy who seeks a
variance and/or special permit under Section 5.1.2/6.3.3.4 of the Zoning By-Laws in
order to construct an addition and to add a roof area within the required setbacks on the
property located at 32 School Street, Reading, MA.
Christopher Vaccaro swore in the applicants. Mr. Soucy stated he is trying to build a
closet that is 5' x 26". This will extend the house out 26". They are changing the roof
line. The construction has already started and the Building Inspector stopped them.
Christopher Vaccaro stated this increases the non-conformity. John Jarema asked if the
design could be changed so that the non-conformity is not increased?
On a motion by Michael Larkin, seconded by Bernard O'Shaughnessy, the Zoning Board
of Appeals voted to grant James A. Soucy and Mary Friel-Soucy a variance under
Section 5.1.2/6.3.3.4 of the Zoning By-laws for the property located at 32 School Street,
Reading, MA, to construct an addition on the northerly side of the existing dwelling for
the purposes of a new roof extension and closet as shown on the submitted plan.
The motion was approved by a vote of 3-0-0.
On a motion by Michael Larkin, seconded by Bernard O'Shaughnessy, the Zoning Board
of Appeals voted to grant a special permit under Section 6.3.3.4 of the Zoning By-laws to
allow the construction of a roof addition and closet to James A. Soucy and Mary Friel-
Soucy for the property located at 32 School Street, Reading, MA.
The motion was approved by a vote of 3-0-0.
Case #00-22
A Public Hearing on the petition of Dorothy M. Jones ET Al who seeks a variance under
Section 5.1.2 side yard setback of the Zoning By-laws in order to construct a single
family dwelling on the property located at Harvest Road, Lot 198, Reading, MA
Christopher Vaccaro swore in the applicants. Atty. Daniel Sherwood, O'Neill &
Associates, 2500 Main St., Tewksbury, MA, represented the applicant.
The applicant is requesting a variance to change the side set back from the present 15' to
101/4'. The Conservation Commission was concerned with the dwelling encroaching on
conservation land so the applicant has moved the dwelling further away. A Notice of
Intent was filed with the Conservation Commission and no decision has been made.
Zoning Board of Appeals Minutes of 7/20/00
page 3
Christopher Vaccaro stated the Zoning Board can not rule on this application until the
Conservation Commission makes their decision. If the Conservation Commission does
not deny them permission there is nothing to substantiate a hardship.
A special permit was issued on this property in 1997.
Paul MacDonald, 39 Line Road, Reading, MA, stated this a narrow piece of land and it
may have been a combined property.
On a motion by Susan Miller, seconded by Michael Larkin, the Zoning Board of Appeals
voted to continue the public hearing for Dorothy M. Jones Et Al, for the property located
at Harvest Road, Lot 198, Reading, MA, until August 17, 2000.
The motion was approved by a vote of 3-0-0.
Case #00-23
A Public Hearing on the petition of Kevin M. Emery who seeks a variance or an appeal
from the decision of the Building Inspector under Section 5.1.2/7.4 of the Zoning By-
laws in order to allow a single family dwelling currently under construction to remain
with side yard dimension of less than 15'0" on the property located at 10 Cory Lane, Lot
12 & 1 A, Reading, MA
Christopher Vaccaro swore in the applicants. The petitioner is building a single family
dwelling with an attached garage. The side yard set back is 11.9". The Conservation
Commission restricted the side setback to 36' from the side by a vernal pool and they
requested the garage be attached. Glen Redmond stated an attached garage must meet the
15' set back requirement. If the garage is not attached it can be built within a 10' set
back. Kevin Emery stated he would change the roof line to limit the height of the garage
so that no living space could be added. Christopher Vaccaro stated the lot shape,
topography, and the Conservation Commission's conditions make this lot unique.
On a motion by Michael Larkin, seconded by Susan Miller, the Zoning Board of Appeals
voted to grant Kevin Emery a variance under Section 5.1.2 of the Zoning By-laws in
order to create a single family dwelling with a side yard dimension of 11.9" at the
northeasterly corner of the building for the property located at 10 Cory Lane, Reading,
MA, provided on the condition the portion of the garage that is within 15' of the side yard
comply with the livable space requirement of a 15' setback.
The motion was approved by a vote of 3-0-0.
Kevin Emery requested to withdraw his appeal from the building inspector's decision.
On a motion by Michael Larkin, seconded by Susan Miller, the Zoning Board of Appeals
voted to grant Kevin Emery his request to withdraw his petition to reverse the building
inspector's decision.
The motion was approved by a vote of 3-0-0.
Zoning Board of Appeals Minutes of 7/20/00
Old/New Business
John Coote was not reappointed to the Zoning Board of Appeals. The Board of
Selectmen have this on their agenda for August 1, 2000.
page 4
The Zoning Board of Appeals unanimously voted to adjourn their meeting at 9:45 PM.
Respectfully submitted,
Joy Mohr
Recording Secretary