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HomeMy WebLinkAbout2000-07-06 Zoning Board of Appeals MinutesTOWN OF READING ZONING BOARD OF APPEALS MINUTES OF JULY 6, 2000 MEMBERS PRESENT: CHRISTOPHER VACCARO, CHAIRMAN SUSAN MILLER BERNARD O'SHAUGHNESSY 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. Christopher Vaccaro swore in the petitioners. Mr. Chase is seeking a special permit to demolish his existing 24' x 30' bungalow style house and rebuild a new 24' x 36', 2 story, colonial style house. This lot was created in 1932 by Bertha Bates and is 5,982 sq. ft. The non-conformity is the size of the lot. The lot and the proposed house would meet all building set backs and dimensional requirements. Mr. Chase submitted a copy of his deed which was provided by the Middlesex Court of Deeds. Mr. Chase also submitted a list of abutters, from the tax assessors office, prior to February 1, 1978. Christopher Vaccaro stated a special permit may not be required if Mr. Chase can prove his lot was not owned in common ownership subsequent to February 1, 1978. Mr. Vaccaro requested the tax assessor's records for all the abutting lots subsequent to February 1, 1978 to prove there was not duel ownership of the property. On a motion by Bernard O'Shaughnesssy, seconded by Susan Miller, the Zoning Board of appeals voted to continue the public hearing on the petition of Richard Chase for the property located at 11 Nelson Avenue, Reading, MA, until July 20, 2000. The motion was approved by a vote of 3-0-0. Case #00-18 A 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 in Reading, MA. Christopher Vaccaro swore in the applicants. Atty. John McKenna represented the applicants. The applicants are seeking a special permit to demolish their existing 22' x 34' one story single family house and build a two story 24' x 38' single family, colonial style house. The building inspector denied their building permit. The non-conformity is Zoning Board of Appeals Minutes of 7/6/00 page 2 the size of the lot at 6,170 sq. ft. The side set backs meet the Zoning By-law requirements. Christopher Vaccaro requested proof of ownership subsequent to February 1, 1978. On a motion by Bernard O'Shaughnesssy, seconded by Susan Miller, the Zoning Board of appeals voted to continue the public hearing on the petition of Kenneth and Brenda Hobart for the property located at 25 Vista Avenue, Reading, MA, until July 20, 2000. The motion was approved by a vote of 3-0-0. Case #00-19 A Public Hearing on the petition of Barrett Realty (Dave Barrett) who seeks a special permit and/or a variance under Section 6.3/6.3.1.2/6.3.1.3/6.3.3.4 of the Zoning By-laws in order to construct a new single family dwelling on the non-conforming property located at 25 Auburn Street, Reading, MA. Christopher Vaccaro swore in the applicants. Kevin Cunniff, Barrett Realty, represented the petitioner. The petitioner is requesting permission to demolish the existing single family house and build a new single family house. The original house was built in 1892. Mr. Cunniff submitted the assessors cards for the abutting properties showing this lot was not held in duel ownership. Mr. Cunniff did not submit the deed. Kevin Cunniff stated this petition meets all the requirements under section 6.3.1.2 of the Zoning By-laws and should be built as of right. 1. The lot conformed to the existing Zoning by-laws at the time of its recording. 2. The lot is 9,520 sq. ft. 3. The land was owned individually since 1967. Christopher Vaccaro requested the assessors cards for lot 9 and lot 11, and a copy of the deed. Mr. Jones, from the Reading Historical Commission, stated he does not support this petition due to the historical structure. This home is in a neighborhood with other historical homes. He also stated the applicant has not conformed with the Historical Commission's By-laws. Nancy Matheson, 27 Auburn Street, stated the present house is falling down and is a hindrance to the neighborhood. On a motion by Bernard O'Shaughnesssy, seconded by Susan Miller, the Zoning Board of appeals voted to continue the public hearing on the petition of Barrett Realty, for the property at located at 25 Auburn Street, Reading, MA, until August 3, 2000. The motion was approved by a vote of 3-0-0. Zoning Board of Appeals Minutes of 7/6/00 page 3 Case #00-20 A Public Hearing on the petition of Dennis and Mary Dorandi who seeks a variance under Section 5.0 of the Zoning By-Laws in order to construct an addition within the required setback on the property located at 32 Green Street, Reading, MA. Christopher Vaccaro swore in the applicants. Dennis Dorandi is requesting permission to construct a 10.9 1/8' x 10.10' four seasons room addition on the back of their house. The addition has 3 season glass and a full frost foundation with a slab. The room will be used for a jacuzzi. The side set backs are in conformity with the Zoning By-laws, but the rear set backs are approximately 10' short. The rear of the property has a 10' high retaining wall owned by Dunn's Bike Shop. This property is in the Business B District. The petitioners have owned this house for 25 years. Mr. Dorandi has a bad back and needs the jacuzzi for his therapy. Christopher Vaccaro asked the petitioner if the property had any uniqueness to meet the requirements of a variance. Mr. Dorandi stated there was nothing unique about the property. Christopher Vaccaro suggested the petitioner should explore building the addition in another area that would not exacerbate the set back non conformity. Bernard O'Shaughnessy stated there are no opposing abutters at this hearing. On a motion by Bernard O'Shaughnesssy, seconded by Susan Miller, the Zoning Board of appeals voted to grant Dennis and Mary Dorandi a variance under section 5.0 of the Zoning By-laws to construct an addition on the property at 32 Green Street, Reading, MA The motion was denied by a vote of 1-2-0. Old/New Business Christopher Vaccaro stated the Zoning Board of Appeals will need to vote for a new Chairman at their next meting. The Zoning Board of Appeals unanimously voted to adjourn their meeting at 9:15 PM. Respectfully submitted, Joy Mohr Recording Secretary