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HomeMy WebLinkAbout1998-12-03 Zoning Board of Appeals Minutes! C1.. TOWN OF READING ZONING BOARD OF APPEALS MINUTES OF DECEMBER 3, 1998 MEMBERS PRESENT: CHRISTOPHER VACCARO, CHAIRMAN MICHAEL LARKIN JOHN COOTE LAURA GREGORY 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 7:00PM. Mr. Vaccaro swore in, under oath, those present that would be addressing the Board this evening. The first Public Hearing was on the petition of Derrick Evangelista who seeks a Variance and/or Special Permit under Section(s) 5.1.2. / 5.2.3.5 / 6.3.3.4 of the Zoning By-Laws in order to convert the existing garage and breezeway into a family room on the property located at 48 Bear Hill Road in Reading, Massachusetts. (Case #98-27) The petitioner represented himself. The house was built in 1947. He purchased the property in 1997 from his wife's sister. The garage was part of the original construction. He is requesting to convert the garage into a family room. The only change to the outside would be that windows would replace the garage door. There will be no change to the footprint or height of the existing structure. On the second floor is a kitchen, living room, bedroom and bathroom where his wife's mother lives. It is not an accessory apartment, it is part of the house. A building permit was issued in 1960 to allow a dormer for this purpose. The Board moved, seconded and unanimously voted in the affirmative that, for the property at 48 Bear Hill Road, the proposed conversion of the garage to living area, without extension of the building footprint or height, is allowable under the Reading Zoning By-Laws. VOTE 3-0 (passed) The petitioner requested to withdraw the application, which was so moved, seconded and unanimously voted in the affirmative to allow withdrawal of the above-mentioned petition without prejudice. VOTE 3-0 (passed) The next Public Hearing was on the petition of Carolyn Boviard who seeks a Variance and/or Special Permit under Section 4.2 / 5.1.1 / 5.1.2 / 5.2.1/ 5.2.3.5 of the Zoning By-Laws in order to create a second dwelling unit in an existing two-story barn on the property located at 42 Chute Street, Reading, Massachusetts. (Case #98-26) Attorney Bradley Latham, of Latham, Latham & Lamond, represented the petitioner. Virginia Adams, Chairman of the Historical Commission, submitted a letter to the Zoning Board of Appeals which the ZBA Chair, Christopher Vaccaro read into the record. She stated that the house at 42 Chute Street is listed on the National Register of Historic Places. The Commission supports the concept of the Carriage House being used as a dwelling unit, and stated that the Commission would stand ready to assist in developing design guidelines, suitable preservation restrictions, or other orders of conditions. Attorney Latham stated that the property is located in an S 15 District, on a lot size of over 30,000 square feet. The total area of the Carriage House is 1600 square feet, and it is located 58 feet from the dwelling. He addressed Section 5.2.8.1. of the Zoning By-Laws which would allow the Petitioner to maintain more than one principal building on the property. He stated uniqueness existed with a large lot with a large second building. The carriage house is about 125 years old, is architecturally significant and is not common to the neighborhood. The petitioner would suffer substantial hardship is denied a variance, as renovation for any other purpose would be economically impractical. Attorney Latham stated that this would be not only beneficial to the applicant, but also to the community. The petitioner would agree not to use the existing dwelling as a two-family dwelling, so the number of allowed families would not be increased. ,,;Attorney Latham presented photographs of the property to the Board for their review and a petition signed . by eight abutters stated that they have no objections to the proposed renovations to the Carriage House. He also presented an article from the Boston Globe, dated Thursday, December 3, 1998, about carriage houses and renovations. Steven Sanborn, 54 Mt. Vernon Street, was concerned if the property was sold, what conditions, if any, would apply. The Board explained that the conditions stay with the property, not the owner. Brevard Garrison, 11 Jadem Terrace, abuts the back of the property. He stated that he is not opposed to the Carriage House being another dwelling, he would like to see the property remain the same size. Ken Young, 48 Mt. Vernon Street, stated that he supports the proposal. A motion was made, seconded and voted unanimously to grant a Variance to the property from Section 5.2.8.1 of the Zoning By-Laws to allow the creation of a dwelling unit in the existing carriage house, resulting in two principal-buildings-on the property, subject to the following conditions: 1) each of the two buildingsshall be used only as a-single-family residence, 2) there will be no changes to the shape, height, or foot-print of the-carriage house, and 3) any changes to the physical appearance-of the carriage house facade, except as shown on a drawing dated February 3, 1998 signed by-the Petitioner, and-the addition of any accessory buildings, other than an accessory building not larger than ten feet by twelve feet, shall be subject to the written approval of the Reading Historical Commission. VOTE 3-0 (passed) A motion was made, seconded and voted unanimously to grant a Variance to the property from Section 5.2.3.5 of the Zoning By-Laws to allow the existing carriage house to be used as a dwelling at its present location within the fifteen foot side-yard setback area. VOTE 3-0 (passed) The petitioner requested to withdraw the requests for Special Pen-nits and/or Variances under Section(s) 4.2, 5.1.1, 5.1.2, and 5.2.1 of the Zoning By-Laws, without prejudice. VOTE 3-0 (passed) At 9:15PM, a motion was made and seconded to adjourn, and the Board voted unanimously to do so. VOTE 3-0 (passed) Respectfully submitted by Carolyn Walsh, Recording Secretary to the Zoning Board of Appeals. Signed = !A_ 1 Date: 2_-1-11 - Approved: