HomeMy WebLinkAbout1998-07-16 Zoning Board of Appeals MinutesTOWN OF READING
ZONING BOARD OF APPEALS
MINUTES OF JULY 16, 1998
3 Po a f
MEMBERS PRESENT: JOIE COOTS, Acting Chairman
JOHNI '
CHRIS'TOPIIER VACCARO
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. Coote swore
in, under oath, those present that would be addressing the Board this evening.
The first Public Hearing was a continuation on the petition of Marie and Francis Higgins
who seeks a Variance and/or Special Permit under Section(s) 5.0 /6.3.3 of the Zoning By-
Laws in order to construct an addition and, deck on the. property located at 136 Summer
Avenue in Reading, Massachusetts. (Case 998-09)
Attorney Mark J. Favaloro represented the petitioner. He stated that the proposed
addition would still hold the property to fewer than 25% of lot coverage. The Board
disagreed and Building Inspector Glen Redmond stated that all buildings on the lot, such
as a garage or shed, count as lot coverage. The garage is treated that same, whether
attached or detached. Attorney Favaloro disagreed and felt it should not be counted.
The Board found that with the proposed project, it would cover about 28% of the
petitioner's lot. The Board determined that the petitioners would need a variance from
Section 5.1.2 as to both the minimum. side-yard setback requirement and the maximum
lot coverage limitation in order to construct the proposal. After hearing testimony, the
Board felt that the property did not satisfy the requirement as to uniqueness, and there
was no hardship.
At 8:OOPM, a motion was made, seconded and unanimously voted to deny the
petitioner's request for a variance from the requirements of Section 5.1.2 (Table of
Dimensional Controls) of the Zoning By-Laws to allow the petitioner to construct the
proposed deck and addition.
VOTE 0-3 (denied)
The next Public Hearing was a continuation on the petition of YMCA of Greater Boston
who seeks a Special Permit under Section(s) 4.2 / 4.2.2 / 2.2.6 / 7.3 / 6.3.2.1 / 7.4.2.3 of
the Zoning By-Laws in order to construct a Combined Service Use (swimming pool
facility) on the property located at 36 Arthur B. Lord Drive. (Case #98-10)
Attorney O. Bradley Latham and YMCA officers represented the petitioner. He stated
that he appeared before CPDC and received Site Plan Review Approval with conditions.
They now stated that the childcare IxQgram would continue without interruption at the
Old South Methodist Church, which would serve 80 children, and at another church
location, being negotiated, which woadd serve the remainder. The Board noted that the
facility would qualify as a Combined Service Use that would not have adverse affects on
the neighborhood, due to the large parking, area and distance from residential structures.
A motion was made, seconded and unanimously voted to grant a Special Permit under
Section 4.2.2 Table of Uses of the Zoning By-Laws to allow the construction of proposed
additions for an indoor pool facility, pmvided that construction is performed in
accordance with the plan entitled "Sift- Plan YMCA Reading A. B. Lord Drive", dated
March 20, 1998, revised July 9, 1998, and in compliance with the conditions set forth in
the recommendations of CPDC, dated July 15, 1998.
VOTE 3-0 (passed)
The next Public Hearing was on the petition of Chester F. Tyminski who seeks a
Variance under Section(s) 5.0 (Dimensional Controls) / 5.2.3.5 of the Zoning By-Laws
in order to construct an addition to the, rear of the existing dwelling on the property
located at 17 Balsam Road in Reading, Massachusetts. (Case 998-12)
The petitioner represented himself and explained to the Board that he wants to add a first -
floor addition to contain a bedroom and a bathroom. This proposal would make his
existing detached garage next to his house, so the garage would now become in violation
of the Zoning By-Laws, as it is only located five feet from the property line. The
petitioner stated that the garage was built by the previous owner and has been on the
property for at least twenty years. ' Board discussed Maple Ridge Road as an option
for his frontage, and therefore a vaziarice would not be required
At 9:35PM, a motion was made, seconded and unanimously voted that for the purpose of
the proposed addition at 17 Balsam Road, as described on the plot plan prepared by
Robert W. Smith, dated June 27, 19,: that Maple Ridge Road be considered frontage for
the property and accordingly no variance is required.
VOTE 3-0 (passed)
The next Public Hearing was on the petition of Ralph E. Sellars Trust (Gaynor K.
Rutherford, Trustee) who seeks a Variance / Special Permit I and/or an Appeal from the
Decision of the Building Inspector under Section(s) 6.3.1.3 / 5.0 / 7.4.2.1 of the Zoning
By-Laws in order to create a buildable lot on the property located at 17 Vale Road in
Reading, Massachusetts. (Case #98-13)
Attorney Philip Posner represented tk petitioner. He explained to the Board that there is
presently a dwelling at 17 Vale Road, Lot 63, with an attached garage, which encroaches
the side lot, line, 5.7' into Lot 62. Bah lots were deeded to the late Ralph E. Sellars by
two separate deeds. There were no structures on Lot 62 at that time. He is requesting
that the Board accept Lot 62 as a buildable lot under the provisions of Section 6.3.1.3. If
found to be buildable, the petitioner vmWd agree to remove the garage.
The Building Department records showed that in March 1949, a building permit was
issued to construct an attached bremeway and two-car garage to dwelling on Lot 63. The
building application showed that Mr. Sellars knew he would be utilizing two lots as one.
Many abutters were present at the hearing stating their opposition and/or concerns to the
petitioner's request. Those present included Mary Ellen (Mae) Moscariello, 15
Woodward Avenue, David Commita,: 21 Woodward Avenue, Edward Wright, 24 Vale
Road, Charles Moran, 32 Vale Rmd, William Dunn, 27 Woodward Avenue, David
Swaebe, 16 Vale Road, Robert Rattenburg, 26 Woodward Avenue, John Walsh, 25
Woodward Avenue, Walter O'Connell, 5 Woodward Avenue, and John Connors, 22
Woodward Avenue.
A letter was read from Bernice Dick, 85 Vine Street, to the Zoning Board of Appeals,
stating her opposition to the petitioner's request.
Mr. Wright requested that the Board make their decision tonight, as did Attorney Posner.
A motion was made, seconded and unanimously voted to deny a Variance under Section
5.2.2 and 6.3.1.3 of the Zoning By-Laws to permit Lot 62 defined by page 83 of the
Town of Reading Assessor's Book (Plat 82) to be recognized and determined as a
buildable lot by the removal of the garage on the adjacent Lot 63.
VOTE 0-3 (denied)
A motion was made, seconded and unanimously voted to deny a Special Permit under
Section 6.3.1.3 of the Zoning By Laws to create Lot 62 defined by page 83 of the Town
of Reading Assessor's Book (Plat 82) to be recognized and determined as a buildable lot
by the removal of the garage on the adjacent Lot 63.
VOTE 0-3 (denied)
A motion was made, seconded and unanimously voted not to overturn the Decision of the
Building Inspector in his determination that both Lots 62 and 63 in the Town of Reading
Assessor's Book, page 83 (Plat 82) have been combined as one lot for the purpose of
zoning.
VOTE 0-3 (denied)
A nomination was made for Christopher Vaccaro to be the Chairman of the Zoning Board
of Appeals. By unanimous vote, Christopher Vaccaro is the Chairman. Congratulations!
At 11:25PM, 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-
Date:
Approved.
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