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HomeMy WebLinkAbout1999-12-02 Zoning Board of Appeals Minutes} 7 TOWN OF READING - ZONING BOARD OF APPEALS MINUTES OF DECEMBER 2, 1999 MEMBERS PRESENT: JOHN COOTS, VICE CHAIRMAN MICHAEL LARKIN BERNARD O'SHAUGHNESSY SUSAN MILLER, ASSOCIATE MEMBER 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 present. Case #99-22 This is a public hearing on the petition of Vasilios Bourikas who seeks a special permit under Section 6.3.3.4 of the Zoning By-Laws in order to construct a dormer on a non- conforming structure on the property located at 243-245 Washington Street in Reading, Massachusetts. John Coote swore in the petitioners. Anastaissia Roache, Mr. Bourikas's daughter, acted as her father's agent. The petitioner would like to dormer the right side of the house to match the dormer on the left side of the house. The variance for the dormer on the left side was granted October 19, 1995, Case #1995-17 This is a 2 family dwelling. There is also a store on this property. The board stated the additional dormer would not be detrimental to the neighborhood and does not increase the non-conforming setback. On a motion by Michael Larkin, seconded by Bernard O'Shaughnessy, the Zoning Board of Appeals voted to grant Vassilios Bourikas a special permit under Section 6.3.3.4 of the Zoning By-Laws, for the construction of a dormer on a non-conforming structure, at 243- 245 Washington Street, Reading, MA, as shown on the plan dated December 1, 1999 prepared by the applicant (Exhibit A). The motion was approved by a vote of 3-0-0. Case #99-23 This is a Public Hearing on the petition of Dulverton Homes, Inc. who seeks a special permit and/or variance under Section(s) 6.3.1.3/5.0/6.3 of the Zoning By-Laws in order to construct a single family dwelling on the property located at Locust Street, Map 103, Parcel 25 in Reading, MA Mr. Coote swore in the applicants: Gary Tipson, the owner, Atty. David McBride, representing the owner and Mrs. Addor, the present owner. This is a 9,525 square feet property with 82.50 feet of frontage. Mrs. Addor purchased the property on September 3, 1958. At that time she also purchased the adjacent Lot 24. She owned the adjoining lots until February 2, 1978. Atty. McBride stated that the property was recorded before the adoption of the Zoning By-Laws. Zoning Board of Appeals Minutes of 12/2/99 page 2 Dulverton Homes, Inc. would build a 1,800 square feet, single family, gambrel house on the property. Atty. McBride stated that 80% of the neighboring house have smaller frontage. He submitted a petition in support of this petition signed by 17 of the abutters. Atty. McBride cited the Lindsey Case and the Collins Case in favor of this petition. John Coote said the substantial part of the Zoning By-law is met. He questioned the wording in the cited Lindsey Case where the parcel is described as one lot, unless they are described in the deed separately they are considered merged. This petition dose not meet the definition of a separate lot as based upon the Lindsey Case. Mr. Coote would like to review the cited Collins Case before making a decision. Kevin McKenner, an abutter at 53 Auburn Street, was worried about the erosion. He said this plot of land is steeply sloped. Mr. Coote stated there is a proposed retaining wall in the petitioner's plan. On a motion by Bernard O'Shaughnessy, seconded by Michael Larkin, the Zoning Board of Appeals voted to continue the public hearing on Case #99-23, Lot 25, Locust Street, Reading, MA until January 6, 2000. The motion was approved by a vote of 3-0-0. Case #98-26 The petitioner, Carolyn Boviard, is requesting a one-year extension on a variance that was granted on December 3, 1998 in order to create a second dwelling unit in an existing two-story barn on the property located at 42 Chute Street in Reading, Massachusetts. John Coote excluded himself from this case because he knows the petitioner. Michael Larkin explained to Ms. Boviard that according to the Zoning By-laws a variance can not be extended for longer than six months. On a motion by Michael Larkin, seconded by Bernard O'Shaughnessy, the Reading Zoning Board of Appeals voted to grant Carolyn Boviard a six-month extension as granted on December 3, 1998 a variance for 42 Chute Street, Reading, MA. The motion was approved by a vote of 3-0-0. Case #99-24 This is a public Hearing on the petition of Joseph M. Sears who seeks a variance under Section 5.3.5 of the Zoning By-Laws in order to construct an addition within the required setback on the property located at 43 Bay State Road in Reading, Massachusetts. John Coote swore in the applicants. Joseph Sears is seeking a variance to build a one- story room on the rear corner of his house and build a one-story porch on the other rear corner. This would square off the rear of the house. He would also build a three-season porch on the front the house. The house is 15.9 feet from the rear property line. The non- conforming rear setback was created after the house was built when the State of Massachusetts took part of this property to build a highway. Zoning Board of Appeals Minutes of 1212199 page 3 Reggie Peters, a resident at 73 Bay State Road, asked the Zoning Board not to grant this permit. He said there have already been too many variances granted in this neighborhood. Reggie also stated that the non-conformity existed when the present owner purchased this property. Bernard O'Shaughnessy stated that the variance applies to the land not the homeowner. The Zoning Board could not find anything special with this lot to comply with a Variance from Section 5.3.5. John Coote stated that this violation was not created by a law change, but because land was taken away. On a motion by Michael Larkin, seconded by Bernard O' Shaughnessy, the Reading Zoning Board of Appeals voted to continue the ]Public Hearing on Case #99-24 for 43 Bay State Road, Reading, Massachusetts. On a motion by John Coote, seconded by Michael Larkin, the Zoning Board of Appeals voted to adjourn their meeting at 9:50 PM, by a vote of 3-0-0. Respectfully submitted, rf :.Joy Mohr Recording Secretary