HomeMy WebLinkAbout1999-06-17 Zoning Board of Appeals MinutesTOWN OF READING
ZONING BOARD OF APPEALS
MINUTES OF JUNE 17, 1999
MEMBERS PRESENT: CHRISTOPHER VACCARO, CHAIRMAN
JOHN COOTE
MICHAEL LARIKIN
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. Mr. Vaccaro swore
in, under oath, those present that would be addressing the Board this evening.
Case #99-12
A Public Hearing on the petition of Edward Carlman & Margaret Carlman who seeks a
Variance and/or Special Permit under Section(s) 5.0 & 63.3.4 of the Zoning By-Laws in
order to construct an addition on the property located at 52 Hancock Street in Reading
Massachusetts was held. Attorney Favaloro and the petitioners were present for the
meeting. The addition would encroach on the 20' setback approximately 3.8' in the front
yard. Grant Street, which is an unaccepted street, is located on one side of the petitioner's
property. The town manager has sent the petitioners a letter stating that the town wishes
to abandon the street. There was one neighbor that objected to the abandonment, and,
therefore, the town withdrew the warrant article.
Attorney Favaloro stated that Grant Street makes a uniqueness to this property. The
garage and shed on the property don't allow the addition to be built to the south. Mr.
Coote admitted that the uniqueness to this property was because of the topography of
Grant St. Members felt the rectangular shape shown on the original plans was more in
conformance than the plans submitted with the irregular shaped addition. Neighbors to
the property argued in favor of allowing the Carlman's proposed wrap-around deck stating
that it would fit in with the other houses in the neighborhood. Linda Russo, 55 Hancock
St., stated that her wrap-around deck is only 6' from her neighbor's property. Attorney
Favaloro stated the petitioners would have a financial hardship if the addition were
allowed without the porch. Ed Stafpier, 45 Hancock St., stated that without the porch the
hoarse wouldn't look as nice. Members didn't feel there was a hardship to justify
encroaching on the 20' front yard setback for the wrap-around deck.
Ann Lipchus, 14 Grant St., is concerned that the path adjacent to 52 Hancock St., will still
be available for use by the neighborhood. The petitioners said there would be no change
to the path.
Mr. Coote moved to close the Public Hearing for debate, Mr. Larkin seconded the motion.
Voted: 3-0-0.
Zoning Board of Appeals Minutes of 6/17/99 Page 2
Mr. Coote moved to grant a variance from Section 5.1.2 and a Special Permit under
6.33.4 to Edward Cadman and Margaret Carlman for the construction of a rectangular
addition on the north side of the house at 52 Hancock Street such rectangular being
approximately 18' x 12.6', to come no closer than 11' from the side property line, there
being no encroachment on the front yard setback as shown on plan dated October 26,
1998, marked Exhibit 1. Mr. Larkin seconded the motion. Voted: 3-0-0.
Case #99-13
A Public Hearing on the petition of AK Media/MA C/o Stephen Carroll who seeks a
Variance and/or Special Permit under Section(s) 6.2.3.2.1 (h)/6.2.3.2.1 of the Zoning By-
Laws in order to construct a free standing sign-billboard on the property located at 4 West
Street in Reading, Massachusetts. Attorney Lamond and the petitioners were present.
The petitioner would like to construct a free standing outdoor sign 78' from grade to the
bottom of the sign, 95' to the top, two-sided sign. Attorney Lamond stated that because
of the parcels location on Rt. 93 and the shape of the parcel, a triangle 210' long and 78'
down to 31' wide, there is no other use for this parcel. Attorney Lamond cited Sherman
vs. ZBA in Winthrop which had a more visual impact.
Members felt they couldn't consider this proposal because the bylaw states that any sign
must be within 25' of the right of way. The petitioners misunderstood the bylaw to read
that part of the sign must be within 25' of the right of way.
Deborah, 3 Dragon Court, Woburn, MA., stated her concerns that the Town of Reading
shouldn't be settling litigation to the detriment of Woburn residence. She said the lighted
sign would be 100' over her dwelling, and she is concerned that the children in the area
would be tempted to climb on the sign. Paul Mederios, a Woburn City Council member,
stated that Woburn has removed billboards in residential areas and wouldn't like to see
cellular antennas on signs and asked that the board deny the request of the petitioners.
The Mayor of Woburn has urged the Town of Reading not to allow this request.
Attorney Lamond made a request to withdraw the petition without prejudice.
Board members were unanimously against the proposal in a residential neighborhood.
Mr. Larkin made a motion to accept the petitioners' request to withdraw the proposal
without prejudice. Mr. Coote seconded the motion. Voted: 3-0-0.
Mr. Larkin made a motion to adjourn. Mr. Coote seconded the motion. Voted 3-0-0.
Respectfully submitted by Kathleen Morgan, Recording Secretary to the Zoning Board of
Appeals. E
Signed: f .
Date: '
Approved: