HomeMy WebLinkAbout1998-06-04 Zoning Board of Appeals MinutesTOWN OF READING
ZONING BOARD OF APPEALS
MINUTES OF JUNE 4, 1998
MEMBERS PRESENT: STEPHEN TUCKER, CHAIRMAN
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:OOPM. Mr. Tucker swore in, under oath, those present that would be
addressing the Board this evening.
The first Public Hearing was on the petition of Shirley M. Eaton who seeks a
Variance under Section(s) 5.1.2 of the Zoning By-Laws in order to allow an
existing structure approximately 6' x 6' to remain on the property located at
56 Lawrence Road in Reading, Massachusetts. (Case #98-06)
The petitioner represented herself. She explained to the Board that in 1997
she hired a builder to add an entrance porch and steps on the north side of
her house to replace existing steps, which were in a dilapidated condition.
She showed photos to the Board members. The builder told her that a
Building Permit had been pulled. This turned out to be untrue and now the,
structure does not meet Zoning requirements.
The petitioner has recently been licensed by the Office for Children to
operate a home child care facility. The enclosed area allows for children's
coats and belongings.
Many letters were submitted by abutters to the Board in support of this
request for a Variance.
The Board discussed the impracticality of a narrower side entrance. The
existing porch meets requirements needed to obtain a variance. The Board
did state, however, that no further construction would be allowed on the
north wall.
A motion was made, seconded and unanimously voted to grant to Shirley M.
Eaton a variance from Section 5.1.2 of the Zoning By-Laws, Table of
Dimensional Controls, in order to allow the existing construction of a porch
on the north side of the house at 56 Lawrence Road, Reading, Massachusetts
dimensions 6.23 feet by 6.27 feet to remain. Nothing in this decision is
intended to allow the north wall of the house to be extended northwards to
match the north wall of the porch.
VOTE 3-0 (passed)
The next Public Hearing was on the petition of Raynor and Marie Gagnon
who seeks a Variance and an Appeal from the Decision of the Building
Inspector under Section(s) 5.1.2 17.4.2 of the Zoning By-Laws in order to
construct a single-family dwelling on a nonconforming lot on the property
located at 146 Van Norden Road in Reading, Massachusetts. (Case #98-07)
Attorney James Senior represented the petitioner. He stated that this is not a
repetitive petition to the Board, as they are not requesting the same thing as
in Case 97-14. This lot was a conforming lot until 1978. Attorney Senior
stated to the Board that this lot has 16,000 square foot, with adequate
frontage, and is suitable for building. The Gagnon's would suffer financial
hardship, as they always thought this was a buildable lot. They will follow
all other By-Laws, setbacks, etc. There are no abutters present objecting to
the petitioner's request.
The Board determined that there would be hardship if denied, and lot was
unique due to its shape, large amount of frontage, and small area.
At 9:15PK a motion was made, seconded and unanimously voted to grant a
variance to the property located at 146 Van Norden Road, Parcel 5 on Map
155 to allow a variance from Dimensional Controls, Section 5.1.2 of the
Zonng By-Laws, with regard to square footage, to allow construction of a
single-family dwelling, which will conform to all other requirements of the
Reading Zoning By-Laws.
VOTE 3-0 (passed)
The petitioner requested to withdraw their request to overturn the Decision
of the Building Inspector, without prejudice.
VOTE 3-0 (passed)
1~ ,
The petitioner requested to add a second story addition without changing the
footprint of the house. The house presently has an addition of a dining
room/kitchen area that was given by a Variance on October 9, 1975, where
the sideyard setback is only 6.28 feet. The rear of the dwelling has a setback
of 13.60 feet, which the Board found to be relatively minor. The criteria for
a Variance and Special Permit were discussed, but the Board felt that a
second story addition over the dining room/kitchen area would be a
detriment to the neighborhood.
A motion was made, seconded and unanimously voted to grant a Variance
from the requirements of Section 5.1.2 (Table of Dimensional Controls) and
a Special Permit under Section 6.3.3.4 of the Zoning By-Laws to allow the
petitioner to construct the proposed second floor on the dwelling; provided
that no portion of such second floor shall be constructed directly above the
dining room/kitchen area projecting on the western side of the dwelling.
VOTE 3-0 (passed)
At 10:15PM, 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:
Date: . aD 9
Approved: