HomeMy WebLinkAbout1997-12-18 Zoning Board of Appeals MinutesTOWN OF READING
ZONING BOARD OF APPEALS
MINUTES OF DECEMBER 18, 1997
MEMBERS PRESENT: STEPHEN TUCKER
JOHN COOTE
CHRISTOPHER VACCARO
JOHN JAREMA
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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. W. Tucker swore in, under
oath, those present that would be addressing the Board this evening.
The first Public Hearing was on the petition of William DiFiore who seeks a Variance under
Section(s) 5.1.2. of the Zoning By-Laws in order to construct an addition within the required
sideline setback on the property located at 133 Walnut Street in Reading, Massachusetts.
(Case # 97-28)
The petitioner was represented by Attorney Mark Favaloro who requested to withdraw the
request for a Variance without prejudice. He stated that Mr. DiFiore had decided not to go ahead
with this project at this time.
At 7:08PM, a motion was made, seconded and unanimously voted to allow the petitioner, William
DiFiore, to withdraw without prejudice his request for a Variance from Section 5.1.2. of the
Zoning By-Laws to allow the construction of an addition within the required side yard set-back
on the property located at 133 Walnut Street, Reading, Massachusetts.
VOTE 3-0 (passed)
The next Public Hearing was on the petition of David W. Williams who seeks a Special Permit
and a Determination of Flooding and Suitability under Section(s) 4.4.4. /A.5.5. of the Zoning
By-Laws in order permit the use of land in a Flood Plain District for single-family dwellings on
the property located at Map 91, Plot 1, Salem Street in Reading, Massachusetts.
(Case # 97-30)
The petitioner was represented by Attorney Steven L. Cicatelli of Cicatelli & Cicatelli.. Chester
Redmond, Professional Land Surveyor, feels that building could be done on this property and
certifies it is not in a Flood Zone.
Mr. Vaccaro stated that under Section 4.5.5. of the Zoning By-Laws, the Zoning Board should be
the last Board that they appear before. He instructed Attorney Cicatelli to go before CPDC, the
Board of Health, and the Conservation Commission first.
Attorney Cicatelli requested that the case be continued to February 5, 1998 to allow time for him
to appear before the other Boards.
At 7:45PM, a motion was made, seconded and unanimously voted to continue this hearing to
February 5, 1998 in order to receive input for this proposal from CPDC, Board of Health, and
Conservation Commission.
VOTE 3-0 (passed)
The next Public Hearing was on the petition of John C. Edson and Susan M. Edson who seeks a
Variance under Sections 5.1.2. of the Zoning By-Laws and an appeal from a decision of the
Building Inspector pursuant to Section 7.4.2.1. of the Zoning By-Laws, in order to allow an
existing encroachment of the dwelling at 67 Longwood Road in Reading, Massachusetts into the
required fifteen-foot side-yard setback area. (Case # 97- 29).
The petitioner was represented by Attorney Christopher Coleman, Carter & Coleman, who stated
that the Edsons purchased their home in April, 1988. In May, 1991, a permit was obtained and a
20 x 24 addition was constructed. The permit application was presented at that time with a plot
plan indicating a 20' setback.
Attorney Coleman presented evidence that the portion of the building that violated the side-yard
setback requirement had been constructed more than six years ago in reliance on an erroneously
prepared plot plan that indicated that the addition would not violate the setback requirement.
The Edsons were not aware that the addition was in violation.
At 8:30PM, a motion was made, seconded and unanimously approved, that the Board render an
opinion that the existing dwelling located at 67 Longwood Road has been used and improved
more than six years ago in accordance with the terms of the original building permit issued by a
person duly authorized to issue such permit and, therefore, no action, criminal or civil, the effect
or purpose of which is to compel the removal, alteration or relocation of such dwelling, can be
maintained, as provided in Section 7 of Massachusetts General Laws chapter 40A.
VOTE 3-0 (passed)
Attorney Coleman requested to withdraw the petitioner's request for a Variance and the appeal
from the decision of the Building Inspector, without prejudice.
A motion having been made and seconded, the Board voted unanimously to grant the petitioners
request for withdrawal of a Variance and appeal from the decision of the Building Inspector,
without prejudice..
VOTE 3-0 (passed)
The next Public Hearing was on the petition of Eastern Middlesex Association of Realtors, Inc.
who seeks a number of Variances and/or a Special Permit under Section(s) 4.2.2. / 5.1.2. /5.2.8.1
5.3.1.1. / 6.3.2. / 6.1. of the Zoning By-Laws in order to alter the existing structure
(nonconforming dwelling) and to convert the existing mixed use (residential and retail) to business
office space on the property located at 68-70-72 Main Street in Reading, Massachusetts.
(Case # 97-31)
The petitioners were represented by Attorney Christopher Coleman, Carter & Coleman, who
began by giving a history of the subject property. The lot contains three building, including a
retail store, a two-family house, and a barn. The intent is to use the retail store and two-family
house as offices and training facilities. The barn is to be demolished. The Association will
purchase the property if their petition is granted.
The buildings pre-date Business C Zoning, and are "grandfathered" as to use. The present uses
are not permitted by right in the Business C Zone. The Association requests to enlarge the
existing house with single-story additions. Attorney Coleman addressed the uniqueness of the lot
by stating that the cutting of the Route 128 ramp at the rear of the property causes the lot to have
a whale-like shape. Hardship would be caused to the Association because they need to evacuate
their existing building. This proposed change would not be of detriment to the neighborhood,
anticipating a low traffic volume and will not derogate from the fundamental concept of the
business C district. The Board agreed with the uniqueness of the lot, however does not find the
hardship of needing a new location valid to satisfy Massachusetts General Laws.
The Board finds that a use variance is appropriate on the grounds that it is "not likely that the
locus would be developed in the near future for a use permitted by the zoning ordinance or
by-law". The Board finds that the proposed new nonconforming use of the premises as an
office/instruction space is no less desirable than the existing non-conforming use of
retail/residential, and is in fact closer to the underlying intent of the zoning district than the
present use.
A motion was made, seconded and unanimously voted to grant to the Eastern Middlesex Board of
Realtors for the property at 68-72 Main Street a Variance from Table of Uses 4.2.2. to allow
buildings as they currently exist to be used for office purposes in the Business C District with
additions at the southwest end of the existing 2-family house on the property, as shown on plan
prepared by PJF and Associates dated October 1997 revised December 1, 1997. The Board
emphasizes that this Variance is for use of existing buildings only, as long as they shall remain,
and shall expire upon their removal or substantial demolition.
VOTE 3-0 (passed)
A motion was made, seconded and unanimously voted to grant a Special Permit under Section
6.3.3.4. for the alteration of the existing 2-family house by additions at the southwest end of the
property at 68-72 Main Street.
VOTE 3-0 (passed)
Attorney Coleman requested withdrawal of the petition concerning Sections 5.1.3, 5.2.8, 5.3.1.1,
6.1.1.3 and 6.3.2.1 which request was moved, seconded and unanimously voted. This withdrawal
results from the petitioner's decision not to proceed with proposed additions to the 2-family house
at the northeast end.
VOTE 3-0 (passed)
At 10: 1OPM, 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: W G~~
Date: p-
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Approved: