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Home My WebLink About1997-10-30 Zoning Board of Appeals MinutesTOWN OF READING ZONING BOARD OF APPEALS MINUTES OF OCTOBER 30, 1997 MEMBERS PRESENT: STEPHEN TUCKER 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 Bell Atlantic Nynex Mobile who seeks a Variance and an Appeal from the Decision of the Building. Inspector under Section(s) 5.1.2. / 7.4.2.1. of the Zoning By-Laws in order to mount a structure (equipment room) to the rooftop on the property located at 55 Walkers Brook Drive in Reading, Massachusetts. (Case #97-24) A request was made by Michael S. Giaimo, representing the petitioner (Cellco Partnership - Bell Atlantic Nynex Mobile), that the application for a Special Permit, an Appeal from a Decision of the Building Inspector, and the petition for a height Variance, be withdrawn without prejudice, which would include all requests from both Case #97-9 and Case #97-24, to allow for the petitioner to submit alternative plans. At 7:1 OPM, a motion was made, seconded and unanimously voted to allow the petitioner to withdraw its petitions for a Special Permit, Variance, and an Appeal from the Decision of the Building Inspector, Case #97-9 and Case #97-24, without prejudice. VOTE 3-0 (passed) The next Public Hearing was a continuation of 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 #97-16) Mr. Coote recapped what had been discussed at the first Public Hearing. They had applied for a Special Permit and were advised by the Board that they needed to apply for a Variance because what was being added was closer than 15 feet. The petitioners were not prepared for Variance requirements and the Board allowed extra time for the petitioners to prepare. The petitioners stated that the plans they have submitted do not change the footprint of their house. When the house was built, it did conform to the Zoning By-Laws. They met with their architects and looked at some alternative plans that were not workable. Issues arose with moving the proposed addition behind the house, which would interfere with the second floor windows, the only fire egress for that bedroom, and it also affected the plumbing and vent pipe. The basement access would also be blocked off. A sewer study was done and presented to the Board. The petitioners also presented the Board with pictures of other nonconforming houses on their street. Since the change in By-Laws, almost all of the houses on their street are nonconforming. They stated that the Howland's, 46 Lewis Street, were granted a Variance and they were unsure why it was granted, as they did not seem to have any unusual circumstances. The petitioners also presented signatures that abutters signed in support of their plans. The Board felt that since they are proposing to change the roof line to make the upper level attic area higher, they could grant a finding under Massachusetts General Laws, Chapter 40A, Section 6, which says that what is being done does not increase the nonconformity, and therefore a Variance and Special Permit are not needed. Other than the roof change, all other plans conform to the current By-Laws. A motion was made, seconded and unanimously voted to issue a finding under Section 6 of the Massachusetts General Laws Chapter 40A to allow Ralph and MaryEllen Stolecki to construct an addition at 33 Lewis Street, as the addition does not increase the nonconforming nature of the structure and therefore the addition can be constructed as of right. VOTE 3-0 (passed) The petitioners requested to withdraw their request for a Variance and/or Special Permit, without prejudice. A motion was made, seconded and unanimously voted to allow withdrawal of a Variance and/or Special Permit under Section(s) 5.1.2. / 6.3.2.1. of the Zoning By-Laws, without prejudice. VOTE 3-0 (passed) Attorney Brad Latham, representing Concord Oil, 749 Main Street, Case #96-8, presented documentation that Concord Oil had exercised their Variance right prior to the one-year expiration date of September 3, 1997. The Fire Chief had issued permits dated July, 1997 for new underground oil tanks. Actual construction has not yet begun. r The Board unanimously determined that evidence submitted of permit and license applications for the storage of fuel underground and an increase of fuel capacity to 30,000 gallons, as well as the approvals of such permit and license applications for 749 Main Street, Reading, MA constituted sufficient exercise of the variance for it remain in force. At 8:10PM, 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: (?WC6* ?0 Q.&k Date: Approved: