HomeMy WebLinkAbout1996-02-01 Zoning Board of Appeals MinutesV T7
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TOWN OF READING
ZONING BOARD OF APPEALS
MINUTES - FEBRUARY 1, 1996
MEMBERS PRESENT: JOHN COOTS, CHAIRMAN
ARDITH WIEWORKA
JOHN JAREMA
CHRISTOPHER VACCARO
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. Coote swore in, under
oath, those present that would be addressing the Board this evening.
The first Public Hearing was on the petition of James and Dolores Conrad/Patrice and John Lozzi
who seek anappeal from the decision of the Building Inspector under Section(s) 7.4.2.1 of the
Zoning By-Laws in order to install a second kitchen in a single family dwelling in an S-20
District on the property located at Lot 5 (39) Autumn Lane in Reading, Massachusetts. (Case
#96-1)
Mr. Coote explained to those present at the meeting how the meeting would be held this evening.
He requested that the petitioner begin by presenting his case to the Board. Mr. George Warren,
attorney for the Conrad's and Lozzi's began by presenting the Board with a written outline of the
history of the property and opinions as to why the building inspector acted improperly in denying
the permit. He explained that this has been a long process leading up to tonight's appeal. He
stated that 39 Autumn Lane is a single-family dwelling. There is one garage, one set of utilities,
a single entrance, one exit out of the cellar, and access to all bedrooms from a common area. The
intent is for it to remain as a single-family. He does not think a special permit or a variance is
needed because this is not an accessory apartment or a two-family dwelling.
He stated that this property will not be rented out and no other people will move in. He stated
that a restrictive covenant would be submitted if necessary.
Mr. Warren cited prior cases (Bock case) to the Board for their review where he felt a second
kitchen was allowed. He stated that having multiple kitchens in a single-family house is not
illegal and what is proposed for the present should not be denied based upon what could be done
in the future. He also discussed the request for a second staircase leading up to the second floor
bedrooms. He was unsure of the exact location of the stairs so Mr. Coote granted a five- minute
recess to allow for Mr. Warren to produce plans to the Board.
Mr. Warren stated that the second set of stairs shown on the plans submitted to the Building
Inspector were an L-shaped stair, but now he proposed to install a circular stair to allow for a
doorway to allow all bedrooms to be accessed from a common area.
Mr. Glen Redmond stated that two sets of stairs to bedrooms, two kitchens, and double.exits
looks like an accessory apartment or a two-family dwelling. He did not feel that he could issue a
building permit. He stated that the Occupancy Permit for a single-family dwelling was issued on
May 9, 1995. In December, 1995, an application for a second kitchen and second set of stairs
was submitted to the Building Department. This was denied on December 27, 1995 by the
Building Inspector.
Board members were concerned that the new plans did not agree with what was denied by the
Building Inspector and did not feel that they could hear arguments based on these changes.
At 8: l OPM, a request was made by Mr. Warren to withdraw his request without prejudice. A
motion was made, seconded, and granted to accept the request by James and Dolores
Conrad/Patrice and John Lozzi to withdraw their appeal from the decision of the Building
Inspector under Section(s) 7.4.2.1 of the Zoning By-Laws in order to install a second kitchen in a
single-family dwelling in an 5-20 District on the property located at Lot 5 (39) Autumn Lane in
Reading, Massachusetts.
VOTE 3-0 (passed)
At 8:15PM, 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.ak" (,t aou
Date: 62
Approved: L4-1 S--4(o