HomeMy WebLinkAbout1999-11-04 Zoning Board of Appeals MinutesTOWN OF READING
ZONING BOARD OF APPEALS
MINUTES OF NOVEMBER 4, 1999
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MEMBERS PRESENT: CHRISTOPHER VACCARO, CHAIRMAN
JOHN COOTS
MICHAEL LARKIN
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. Also present were
Associate Member Susan Miller and Building Inspector Glen Redmond.
Continuation of Case #99-20
This is a continuation of the October 7, 1999 public hearing, for a petition of Frederick
Boni who seeks a variance under Section 5.1.2 (Frontage Requirements) of the Zoning
By-laws in order to create a lot at 116 Van Norden Road in Reading MA with less than
the requisite frontage on Harold Avenue for property in the S-20 Zoning District, in order
to construct a single family dwelling at said location. Attorney Mark Favaloro
represented the petitioner.
Attorney Favaloro submitted a memorandum in support of petition for variance. He
addressed the difference between his submitted plan showing 78.18 foot frontage on
Harold Avenue and the frontage indicated on the assessor's map 155. The 78.18 foot
frontage was measured by Design Consultants Inc. and takes into account lot B. He asks
that the variance, if granted, reflect that distance.
Attorney Favaloro also stated that before the change in Reading Zoning By-laws, section
5.2.1, this lot could have been divided into two lots. Presently, with the zoning change, it
isn't even considered one lot. Attorney Favaloro referred to the PRD development across
the street, stating the petitioners' lot is less dense than that. Attorney Favaloro cited the
case of Paulding v. Bruins in support of the variance. He referred to the shape of the lot
as its' uniqueness.
Mr. Boni complained that he was never notified of the Zoning By-law change. He
believes the variance should be granted because he wasn't given notification. He also said
he would donate the adjoining lot lE to the Town for conservation land. John Coote
questioned the accessibility to lot IE.
Resident Ralph Mattucci asked why Mr. Boni didn't join in with his neighbor, Marilyn
Mahoney, at the time she set up her PRD? The ZBA answered that that was not relevant
to this issue.
John Coote questioned whether Mr. Boni created his own nonconformity when he created
lot iB in March 1998? If so, than lot 1B is not a buildable lot.
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On a motion by John Coote, seconded by Michael Larkin, the Zoning Board of Appeals
voted to close the Public Debate.
The vote as approved by a vote of 3-0-0.
John Coote stated there is no uniqueness for a variance to be granted. The size of the lot
can not be considered as uniqueness.
On a motion by John Coote, seconded by Michael Larkin, the Zoning Board of Appeals
voted to grant the variance for Frederick Boni, at the property on 116 Van Norden Road,
Reading, MA, from section 5.2.1 of the Zoning By-laws.
The Board voted 0-0-3 not to grant the requested variance.
The ZBA advised Mr. Boni there is a 20-day period to appeal these decisions.
Other Business:
John Coote informed the members of the ZBA that variances need to be signed by only
one person.
Glen Redmond presented the ZBA with the proposed meeting schedule for 2000.
On a motion by Christopher Vaccaro, seconded by John Coate, the Zoning Board of
Appeals voted to adjourn their meeting at $.45 PM, by a vote of 3-0-0.
Respectfully submitted,
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Recording Secretary