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HomeMy WebLinkAbout1997-08-21 Zoning Board of Appeals MinutesrID ~s TOWN OF READING ZONING BOARD OF APPEALS MINUTES OF AUGUST 21, 1997 MEMBERS PRESENT: STEPHEN TUCKER, CHAIR JOHN COOTE ARDITH WIEWORKA 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 TOOPM. Mr. Tucker swore in, under oath, those present that would be addressing the Board this evening. The first Public Hearing was a continuation of the petition of Emmett J. and Barbara A Wooster who seeks a Variance under Section(s) 5.0./5.1.2.of the Zoning By-Laws in order to allow an existing- dwelling to remain 11.32' from the left sideline on the property located at 152 Forest Street in Reading, Massachusetts. (Case #97-12). Prior to the holding of the second hearing, a letter was received from Attorney Latham, representing the Wooster's, requesting withdrawal of the Variance without prejudice. A motion was made, seconded and unanimously voted to allow withdrawal without prejudice. VOTE 3-0 (passed) The Board then discussed Section 7 of the Massachusetts General Laws, Chapter 40A with regard to this case. A motion having been made and seconded, the Board voted unanimously to advise the petitioners, Emmett J. and Barbara A. Wooster, 152 Forest Street, that.the violation of the setback to the left side is governed by Section 7 of Massachusetts General Laws, Chapter 40A to the effect that there can be no action taken which will compel the removal of the property which is in dimensional violation. VOTE 3-0 (passed) The next Public Hearing was on the petition of Eric J. Smith who seeks a Special Permit under Section(s)6.3.6./6.3.3.4. of the Zoning By-Laws in order to construct an addition to a nonconforming structure on the property located at 12 Middle Street (A-40 District) in Reading, Massachusetts. (Case # 97-13). The house is presently a nonconforming use, there being no three-family zoning in the town of Reading. It is also nonconforming as to its dimension from the north lot line and the east lot line, the setbacks being approximately 12 feet and 18 feet. The setbacks required by the Zoning By-Laws are 15 feet and 20 feet. There are presently two apartments on the first floor and one apartment of the second floor. The owner proposes to raise the edge of the roof along the north side of the building for a length of approximately 35 feet so as to create a dormer which will allow a better ceiling height in the apartment along this edge and also will enable the apartment to be expanded in plan area into a section of the attic which is at present unused except for storage. Since the proposed alteration occurs along the north edge of the house which is closer to the lot line than allowed by the Table of Dimensional Controls, a Variance and a Special Permit would be required as stated under Section 6.3.3.4. of the Zoning By-Laws. The petitioner was unable to address any unique feature of the property which is the first item needed for a Variance. He stated that the proposed alteration would not be detrimental to the public good or derogate from the intent of the By-Laws because the structure was located in an A40 District and the adjacent lot on the north side is currently a municipal parking lot which will soon be the site of the new Police Station. He stated that the hardship was that the present arrangement created very poor ventilation in the upper floor unit. The Board offered to grant a continuance to allow the petitioner to further investigate aspects of this property that might satisfy the uniqueness issue. The petitioner indicated that he was anxious for a decision tonight. A motion was made and seconded to grant Eric J. Smith for the property at 12 Middle Street, a Variance from Section 5.1.2. of the Zoning By-Laws, Table of Dimensional Controls, in order to erect a dormer on the north side of the property which will be closer to the lot line than 15 feet as required by the Zoning By- Laws. VOTE 0-3 (Denied) A motion was made and seconded to grant Eric J. Smith for the property at 12 Middle Street, a Special Permit from Section 6.3.3.4. of the Zoning By-Laws, in order to erect a dormer on the north side of the property which will be closer to the lot line than the 15 feet required by the Zoning By-Laws. VOTE 2-1 (Denied) The next Public Hearing was on the petition of Raymond Gagnon who seeks a Special Permit under Section(s) 6.3.116.3.1.3. 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 997- 14). The Zoning Board may grant a Special Permit to build upon a nonconforming lot provided the applicant demonstrates six specific conditions are met under Section 6.3.1.3. of the Zoning By-Laws. The petitioner produced evidence showing that the lot's original recording at the Registry of Deeds was dated January 22, 1942. The lot predated zoning in Reading, which was adopted in March, 1942. The subject property was held in common ownership in 1978 with adjoining land. The lot contained 15,791 square feet and approximately 185 feet of frontage which satisfies this criteria. The Board reviewed the assessor's map and determined that the subject lot was similar to or greater in footage than most all of the other lots. However, it was not similar or greater than any other surrounding built upon residential lots. The subject lot was smaller than all other surrounding lots. Since the fourth requirement could not be met, the Board did not review the rest of the criteria. A motion was made and seconded to grant a Special Permit to Raynor Gagnon under Section 6.3.1.3. of the Zoning By-Laws for 146 Van Norden Road, Reading, Massachusetts for the purpose of constructing a single family residence. VOTE 0-3 (Denied) 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.