HomeMy WebLinkAbout1995-08-17 Zoning Board of Appeals MinutesTOWN OFRP ,~~MG ZONING BOARD O APPEALS
MINUTES - AU, G1 TST 1.7, 1995
vlE ,/1BERS PRESENT: JOHI,z COOTE, CHAIRTMAN
ARDITH WI M WORKlk
CHRISTOPHER VACC O
SUSAN GASKELL
pmfi L
A meeting of the Zoning Board of Appeals was held in the Selectmen's Meeting Room of the
Town Hall, 16 Lowell Street, Reading, MA at 7:00PM.
Mr. Joseph Calareso, of Calareso's Fruit Stand,was present at the meeting, at the written request of
Glen Redmond, Zoning Enforcement Officer. The terms and conditions of the Variance granted
for Calareso's, Case #94-4 had not been adhered to. Specifically, the southerly side of the building
facing Hopkins Street, siding and field stone foundation.
Mr. Calareso explained to the Board that he had added more siding to cover more foundation, did
additional landscaping and added more windows and feels that the back looks more residential.
He did state that he would be willing to put fieidstone wail if that is required by the Board.
Mr. Coote stated that a Public Hearing would need to be held if the present conditions were to
remain in order to modify the variance for Calareso and to further assess the situation. Mr.
Calareso stated he would like a Public Hearing and will submit a modification application to the
Building Inspector.
~/Ir. Glen Redmond. Building Inspector, stated that with regard to signage at Calareso's, some
action was taken and banners and flags have been remm,,ed from the roof.
The first Public Hearing was a continuation from a previous hearing on June 1, 1995, Case No.
95-7, on the petition of Constance P. Timmerman who was seeking a variance and/or special
permit under Sections 5.1.2 and 6.3.3.3 of the Zoning Bylaws in order to construct an addition to
anon-conforming :jingle family dwelling on the property located at 50 13ighfand Street in Reading,
.-1rs. -.i mlmerrnan e plained 4 the Board thai the property is a prc-emstmg, non-confbri- ling
structure built during the 19th Century. She e Xplained that the building has always beer 9.16 feet
from the side lot line, which is also less than the 15 foot side-yard set-back required under the
Lo.ning ByLaw. The proposed addition will conform with all set-back requirements except to the
easternmost lot-line where the set-back will be the same as the 9.17 feet which presently exists.
The Board noted that the building is unique because it does not abut a public right-of-way and has
access only through aright-of-way. The board also noted that not allowing an increase to the
square footage of Mrs. Timmerman's home would result in a hardship to her.
At 7:40P-M, a motion was made to grant a variance under Sections 5.1.2 and Special Permit
6.3.3.4 of the Zoning ByLaw's to construct a one-story addition to a non-conforming single family
dwelling on the property, located at 50 Higyhland Street. The motion was seconded, and the motion
passed with a unanimous %,ote of 3-0.
The next Public hearing was on the petition of Dulverton Homes, Inc. who seeks a Special Permit
under Section 6.3.1.3 of the Zoning Bylaws in order to construct a single family dwelling on the
property located at 23 Locust Street in Reading, MA.
Dulverton Homes was represented by Mr. David McBride, Attorney, and Mr. Gary Tipson,
President of Dulverton Homes, Inc. Mr. Coote swore them in along with several abutters and
neighbors of 23 Locust Street.
Mr. McBride presented his justification for above request as: 1. the recording of the plan
predated the adoption of Zoning Bylaws in Reading, 2. the subject property was held in common
ownership with adjoining land, 3. the lot has more than 5,000 square feet of area, 3. the subject
property has area and frontage similar to or greater than thirty (30) of the forty (40) lots shown on
Assessor's Map 103, and 5. all lots abutting the subject property are built-upon, and such lots have
at least 5, 000 square feet of area and fifty (50) feet of frontage.
Mr. McBride stated that the use of this property as a single family dwelling will nicely blend with
the other properties in the neighborhood, and will represent a controlled and appropriate use of the
subject property.
The Board referenced previous decisions made regarding two houses on a single lot. Much
discussion continued on the wording on the deed. Mr. McBride stated that the lots are presently
assessed as two lots. He feels that there is no indication that this property has merged. Upon
inspection of the assessors cards, it was however found that the property was assessed as a single
parcel..
N1r. Vaccaro felt that this case is too similar to the "Collins" case which is precedent and now in
litigation. He feels that the Board must be consistent in its decisions.
\,r. Coote invited those present at the meeting to speak at this time and Mrs..Dulong, 33 Locust
Street, requested that the trees not be all cut down. She is not opposed to the building of a new
house, she Just ;,wanted reassurance about the trees. Mr. Bob Connor, 7 Beacon Street, feels that
'lc present hottre > ner, N;11-s. Addor pays taxes to both lots and feels it would help her financially
if she could sell one of the lots. Mr. William Crowell, 42 Locust Street, wanted to know what type
of house was being considered. X-1 r. Tipson stated it would be a two-story Gambrel with garage.
/Ir. Crowell was concerned about congestion. Mr. Chris Mangelsdorf, 31 Federal Street,
expressed siniilar -onccrns about cong<estion and requests no more development in Reading.
/fr. Coote stated that the Leading B-s71,aws recently changed from 10,000 to 15,000 feet
requirements due to public concern that Reading was building on every space.
It was suggested that the case be continued and have Mrs. Addor, who holds the deed, come in
and present to the Board her intent and understanding at the time that she purchased the lots.
At 9:28PM, a. motion was trade to continue the Public Hearing to October 5, 1995 at 7PM and
the Board would consult with Town Counsel on the "Collins" and "Lyndsay" cases.
The motion was seconded and the motion passed with a vote of 3-0 in favor.
The developer for Pearl Street could not get plans passed by the Historical Commission. He had
to change plans considerably and will not be requesting new variance, will modify old variance or
start again.. CPDC requested that they meet with CPDC, Site Plan Review and then on the same
night meet with ZBA.
The Board did not agree to a joint meeting(sarne night), Pearl Street should submit an application
and will be put on the agenda for ZB A's next available meeting. John Coote will not be available
on October 19, 1995. Possible date would be October 5, 1995.
At 9:53P" :-1. a motion was trade and seconded to adjourn, and the Board voted unanimously to do
;o. `
Respectfully subrmtte;l bY Carolyn ~ alsh, Recording Secretary to the Zoning Board of Appeals.
Signed: eaAAtw- `-Cc~ ,a
Date: C/ 7-- 95
Approved: q - o i - 95
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