HomeMy WebLinkAbout1999-10-07 Zoning Board of Appeals Minutesl
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TOWN OF READING
ZONING BOARD OF APPEALS
MINUTES OF OCTOBER 7, 1999
MEMBERS PRESENT: CHRISTOPHER VACCARO, CHAIRMAN
JOHN COOTE
MICHAEL LARKIN
BERNARD O'SHAUGHNESSEY, ASSOC. MEMBER
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 p.m. Mr. Vaccaro
swore in, under oath, those present that would be addressing the Board this evening.
Case #99-19
A petition of Anne & David Artone who seek a variance from Section 5.0 (Dimensional
Controls) of the Zoning By-laws and a Special Permit under Section 6.3.3.4 of the
Zoning By-laws in order to allow an existing deck to remain on the property located at 78
Libby Avenue in Reading, Massachusetts.
The Artones bought their house in 1996, which the existing deck was part of. When they
went to sell their house-in September 1999 the potential buyers surveyor found a problem
with the plot plan regarding the property lines which did not conform. Paperwork shows
that nothing has changed, regarding the plot plan, since they bought the house in 1996.
No building permits, regarding the existing deck, were found. The paperwork that was
brought forward shows that the deck has changed slightly from 1986 - 1999 from
previous owners. Their neighbors signed a petition stating that for as long as they
remember the deck has always been there. The deck was existing when the two previous
owners lived there.
The property at 78 Libby Avenue is nonconforming because it fails to meet the
dimensional requirements as set forth in Table 5.1.2 of the Zoning By-laws.
The Board advised the petitioner that in order for the deck to remain, the petitioner would
require a variance from Section 5.0 in addition to a Special Permit under Section 6.3.3.4
of the Zoning By-laws in order to show no detriment to the public good or derogation of
the intent of the By-laws in regulating building density and location.
A motion having been made and seconded, the Board voted unanimously to grant the
petitioner for the property located at 78 Libby Avenue, Reading a Variance from Section
5.0 of the Zoning By-laws in order to allow the existing deck at the rear of the house to
remain, such deck being 4.2 feet from the north side of the lot. Such variance is given for
the deck in its present location as shown on the certified plot plan dated 9/2/99 by Otte &
Dwyer, Inc. and shall not allow expansion of the deck vertically.
Case opened at 7:00 p.m. and closed at 7:40 p.m.
Case #99-20
Mr. Frederick Boni seeks a variance under Section(s) 5.1.2. (Frontage Requirements) of
the Zoning by-laws in order to create a lot at 116 Van Norden Road with less than the
requisite frontage on Harold Avenue for property in the 5-20 Zoning District, in order to
construct a single family dwelling at said location.
Attorney Mark Favaloro stated that the changing of the By-laws since Mr. Boni first
bought his property and due to the shape of his lot has created a hardship for Mr. Boni.
Mr. Boni stated that his home is presently on Lot 1C but he would like to build a house
on Lot 1D to be further back from the road and abutters.
Building Inspector Glen Redmond stated that somehow while he was on vacation the
paperwork to file for the variance got accepted and he doesn't know how that happened.
He would not have accepted the filing due to there not being a certified plot plan with the
paperwork. Attorney Favaloro stated that he spoke with Trisha, at the Building
Inspectors office, late this afternoon, regarding not having a certified plot plan for
tonight's meeting. Glen stated that our office asked his office for the certified plot plan
up front and we still never received it.
Arthur Giogrande started to speak and then was sworn in by Mr. Vaccaro.
Ed Mahoney wanted it noted that Mr. Boni has no access to water & sewer to either lot.
Steven Columbus of G & Z Development Company noted that there is a sale pending on
Lot 1B.
A motion was made to continue the Public Hearing to October 21, 1999, at 7:00 p.m., in
the selectmen's Room. Mr. Larkin seconded the motion. Voted: 3-0-0
Walk-in
Atty. Brad Latham came forward, as a walk in, asking questions regarding 119 Van
Norden Road ( Mattuci PRD).
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Old Business
Michael Larkin noted that we have received notice on Zero Condor Road regarding the
Special permit, 6.3.1.3 that they were granted. Mr. Vaccaro noted that this is not a formal
hearing.
The Board and Glen discussed the filing process of cases that have been decided on. Mr.
Redmond stated that the file is sent to the Town Clerks office to be filed there.
Respectfully submitted by Marie B. Paiva, Temporary Recording Secretary to the Zoning
Board of Appeals.
Signed: I k:') M~ Q 7