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HomeMy WebLinkAbout1998-05-21 Zoning Board of Appeals MinutesTOWN OF READING ZONUNG BOARD OF APPEALS 1 04MS OF MAY 2191998 MEMBERS PRESENT: S'T'EPHEN TUCKER .JET COOTE ILAURA GREGORY P J 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 sire in, under oath, those. present that would be addressing the Board this evening. The first item was a brief meeting with Ted Cohen, Reading Town Counsel. Attorney Cohen stated th-A the reason he came was because he knew there had been a number of issues. with regard to the Board's recent practice of issuing`findings under Chapter 40A, Section 6 with regard to alterations or extensions of nonconforming uses. The confusion came when Town Counsel sent a memo to tht Building Inspector in April setting forth their opinion that there is no bass for issuance of just a finding, and that a finding has to be in the context of an application for a Special Permit. Attorney Cohen gave some history 2s to how the Zoning By-Laws got to be where they are. The first Public Hearing on the petition of Natalie E. Nordstrand et al (Estate of Edward N. John) who seeks a Variance and/or Special Permit under Section(s) 5.0 /5.1.2,16:3 and an appeal of the Decision of the Building Inspector under Section 7.4.2.1 of the Zoning By-Laws in order to construct a dwelling on the property located at Pine Ridge Road 110 Sylvan Road in Reading, Massachusetts. (Case #98-04) The petitioners were represented by Attorney O. Bradley Latham. He stated that the applicant was present along with her sister, Marcia. Their father passed away and left the property to them. The lot has 10,000 square feet and a frontage of 100 feet. Prior to the zoning change in 1995, the lot complied with requirements of a buildable lot. Attorney Latham stated that Lot 21 has its own deed, not being merged with another lot and the town's assessor's records indicate that it is carried as a separate lot on our records and a separate tax bill is issued. Attorney Latham stated that the lot could be built upon by right by virtue of Section 6 of the Massachusetts General Laws Chapter 40A which provides that a change made to the area or frontage requirement in a By-Law shall not apply for a period of 5 years from its effective date for a lot which is held in common ownership with an adjacent lot. The Board addressed Section 6.3.1.3 and reviewed items A through F and considered the lot to have an area and frontage similar to or greater than at least 58% of lots within 300 feet, which satisfied the substantial requirement: Mr. Robert Keating, 43 Oak Ridge Road, addressed the Board stating that he has resided in Reading for 28 years, 19 of those years as an abutter to the property. He is opposed to the Board granting a Variance or Special Permit. He submitted a petition with. 90 residents signatures, including abutters and neighbors, also in opposition Their intent is to maintain the character of the neighborhood and feel that allowing a buildable lot would be inconsistent with the spirit of the By-Law. The petition was submitted for the record, along with a copy of Mr. Keating's presentation to the Board. Mr. Keating stated that a 16x22 building presently exists on the lot, with electricity and a fireplace, and the lot holds beautiful unique trees and shrubs, and yellow Birch trees. Mrs. Deborah DiRocco, 56 Pine Ridge Road, read a letter from her husband, who was unable to attend this hearing, opposed to the petition. The letter was submitted for the record. She also stated that she feels Reading should honor their By-Laws. Mr. Paul Keating, attorney, represented the abutters and stated that the key point is that the lot has a nonconforming structure on it. He feels that the lot does not conform and would cause more than minimal damage to the public good. Other abutter concerns were that this would increase the overcrowded nature of the neighborhood, a large house would be built on a small lot, it would destroy valuable and beautiful trees, and it might increase the possibility of flooding in the area. Ms. Cathleen Cybil, resident, felt that the lot can be used separately and thought this was the right of the owner. She did not feel this would be a substantial detriment to the neighborhood. Mr. Nordstrand stated that there is no intent to create additional lots, just the house lot and extra lot, if granted. The present structure on the property was built by their father, as a playhouse, and they are willing to raze it. The Building Inspector's view that use of Lot 21 by owners of adjacent Lots 22 and 39 has caused the lots to merge. The Board found that building a house on Lot 21 is in compliance with the required set-backs from property lines, and would not present any overly onerous situation to the neighborhood. The Board felt that the lot was clearly purchased separately, is a buildable lot, and allowed to be grandfathered in. At 9:05PM, a motion was made, seconded and- unanimously voted to grant to Natalie Nordstrand et al, for the property at Pine Ridge Road / 10 Sylvan Road, as shown on Lot 21 of Assessor's Map 24, a Special Permit under Section 6.3.1.3 of the Zoning By-Laws in order to allow the lot to be built upon for one-family use, subject to a restrictive covenant being placed on Lots 22 and 39 of Assessor's Map 24, the effect of which is that these two lots be merged into one, and subject further to the removal of the playhouse structure on Lot 21 prior to any construction taking place. VOTE 3-0 (passed) The next Public Hearing was on the petition of Ralph and MaryEllen Stolecki who seeks a Variance and/or Special Permit under Section(s) 5.1.2 / 6.3.2.1 of the Zoning By-Laws in order to construct an addition on a nonconforming structure on the property located at 33 Lewis Street in Reading, Massachusetts. -(Case #98-05) Attorney Christopher Coleman, Carter & Coleman, represented the petitioners. He reviewed the history of the 33 Lewis Street zoning case. He explained that the petitioners had been before the Board on two occasions and was granted a finding under Section 6, Chapter 40A. He is now here to request a Special Permit to allow an addition to the property at 33 Lewis Street. A petition signed by thirty-nine neighbors in support of the petition was presented to the Board. At 9:33PK a motion was made and seconded to grant Ralph and MaryEllen Stolecki a Special Permit under Section 6.3.3.4 of the Zoning By-Laws in order to allow construction of an addition (Plan of Twomy Design, Sheets 1- 7, dated 11-25-97) on the existing house located at 33 Lewis Street, Reading, Massachusetts.. VOTE 3-0 (passed) At 9:50PM, 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. CI ~s~J~ SigneWVI Date: ~ Approved: