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HomeMy WebLinkAbout1997-10-16 Zoning Board of Appeals MinutesTOWN OF READING ZONING BOARD OF APPEALS MINUTES OF OCTOBER 16, 1997 MEMBERS PRESENT: STEPHEN TUCKER, CHAIRMAN JOHN COOTE ARDITH WIEWORKA CHRISTOPHER 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: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 Chatham Development, 3 Lakeview Avenue, who sought to withdrawal their request for a public hearing, in writing, prior to the advertisement of a public hearing. (Case #97-22) At 7:05PM, a motion was made, seconded and unanimously voted to allow withdrawal without prejudice. VOTE 3-0 (passed) The next Public Hearing was on the petition of Brett Maloney who sought a Variance and/or - ' Special Permit under Section(s) 6.3.3.4. / 5.1.2. of the Zoning By-Laws in order to construct a second level to a nonconforming structure on the property located at 70 Forest Street. (Case #97-21) Mr. Maloney presented to the Board his desire to add a second level to the existing property. It is presently a two-bedroom house and he would like to expand for his personal needs. He stated that this would be an improvement to the neighborhood. The Board held discussion as to whether or not a Section 6 finding would apply to this case. At 7:38PK a motion was made, seconded and unanimously voted to issue a finding under . Section 6 of the Massachusetts General Laws Chapter 40A to allow Brett Maloney to construct a second level addition, which will not overhang the existing structure on the eastside, at 70 Forest Street, as the addition does not increase the nonconforming nature of the structure and therefore the second level can be constructed as of right. VOTE 3-0 (passed) Mr. Maloney requested to withdraw his request for a Variance and/or Special Permit, without prejudice. At 7:41PM, a motion was made, seconded and unanimously voted to allow withdrawal without prejudice. VOTE 3-0 (passed) The next Public Hearing was on the petition of David G. Merry who sought a Variance under Section 5.1.2. of the Zoning By-Laws in order to remodel an existing 9 x 15 screen porch on the property located at 82 Glenmere Circle. (Case #97-23) The petitioner was represented by Attorney Mario Simeola. Attorney Simeola explained to the Board that Mr. Merry would like to remodel his existing porch. Mr. Merry purchased the property in 1957 and in 1969 he constructed a sun deck. In July, a new plot plan of the property showed that the main house is 8.38 feet to the lot line and the addition is 13.97 feet to the lot line, both encroaching on the 15 foot setback. The house was probably built in violation of the zoning by-laws because the lot line was thought to be a stone marker shown on the plan. The stone marker is actually eight feet beyond the lot line. The encroachment of the house seems to have existed since it was built 40 years ago. The petitioner would like a Variance to resolve any zoning violations presently on his property. The Board discussed the criteria for a Variance and concluded that the petitioner could remodel without a variance since the structure exists under the protection of Section 7. At 8:34PM, a motion was made, seconded and unanimously voted that since the 9 foot by 15 foot screened porch has been in existence for more than ten years, that Section 7 of Chapter 40A would apply, and a Variance to replace the screens with windows and to build knee walls is not necessary. VOTE 3-0 (passed) Attorney Simeola, representing the applicant, requested to withdraw the request for a Variance and/or Special Permit without prejudice. At 8:35PK a motion was made, seconded and unanimously voted to allow withdrawal without prejudice. VOTE 3-0 (passed) At 8:40PM, 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: C Date: - Approved: