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HomeMy WebLinkAbout1995-03-16 Zoning Board of Appeals Minutesfl o(LL s n 3Em18 K,, E ~.a TOWN OF READING ZONING BOARD OF APPEALS MINUTES-MARCH 16, 1995 Members Present: Ardith Wieworka, Chairman Stephen Tucker Susan Gaskell 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 7:00 P.M. The scheduled public hearing was on the petition of Stephen Viegas, attorney for Elizabeth Hansen who was seeking a Special Permit under Section 6.3.1.3 of the Zoning By-Laws in order to construct a single family dwelling on a non- conforming lot on the property located at Lot B-Track Road in Reading, MA. Mr. Viegas stated that Ms. Hansen's mother in 1963 had acquired some land from the Town and had sub-divided the land. He stated that the lot in question had more than 5000 square feet, actually 6463, and adequate frontage. He also stated that in his opinion 7 out of 13 lots were similar in size to the lot in question and only one lot had larger frontage. He then stated that the lot was under contract for sale and would not require any further Variances when the home was built. Ms. Wieworka stated that Mr. Viegas had not submitted a plan showing the 300 foot area around the Lot. Mr. Redmond then took the Assessors map and drew the 300 foot circle. The criteria was then discussed for the Special Permit. Mr. Viegas then submitted a copy of the By-Laws from 1959, stating that the lots were created in 1963. Ms. Hansen's mother had taken 3 lots and made them into two. Mr. Viegas then submitted the two deeds for the property and also a plan of the subdivision. He also stated that Lot B had been taxed separately since 1963. The Board discussed the deed dated January 1958. Mr. Viegas stated that the plan was registered at the Registry of Deeds. Ms. Wieworka stated that two weeks ago another case had been before the Board and the issue was wether what was }resented `o the Board was a lot. What governed the oUt ulil•' W _ description on the dee(A not the pla. Mr. Viegas stated that this was a subdivision, therefore, it was entirely different. He discussed the By-Law from 1959 and stated that he felt that this was a grandfathered lot. Ms. Wieworka stated that she felt that the Board did not have enough information. She would like to do some research into the By-Laws of 1959. She again stated that there is a case that says a plan of land is not the controlling factor in determining wether a parcel of land is a lot, it is the deed. Mr. Viegas stated that there is no deed as this is a subdivision. Mr. Tucker and Ms. Gaskell stated that they were not clear that the first criteria was met. Mr. Viegas again stated that this is clearly a grandfathered lot. He went on to discuss the rest of the criteria for a Special Permit. He stated that. the land was in common ownership in 1978. The lot had at least 5000 square feet of area and at least 50 feet of frontage. It was discussed that the property was on a corner and, therefore, either street could be used as frontage. It was also discussed whether Line Road was an actual Road. The public present stated that about 8 years ago the Town of Reading had taken over the maintenance of the Road. The Board then discussed the Lots within the 300 font area. It was discussed that 7 out of 14 could be similar. Jody Mead from Track Road stated that she would like to have a copy of the 1959 By-Laws and also a copy of the Subdivision Control Law. She also had concerns of drainage and house size should the Special Permit be granted. It was discussed that the Board would like to gather some more information and should continue the hearing to do so. The Board discussed that they would like to see the Assessors records from 1978. They also asked Mr. Redmond to check wit Engineering to see if Line Road is actually a Road and to see if there would be enough frontage on Track Road if it is not. Ms. Wieworka stated that she would 'Like to take a look at the By-Laws in 1963 and possibly check with Town Counsel about p?an vs. deed. She also asked Mr. Viegas to supply copies of the deeds and plan he had submitted and give them to the r~lanning office so that tie Board could have time to sti_zdy them before the next meeting. r l ,U c >cr --nov d 1 n 1u . 't?iD i e n matter of this hearing until March 30, 1995 at 7:00 p.m. Ms. Gaskell seconded and the motion passed with a vote of 3-0. At 9:10 p.m. a motion was made and seconded to adjourn and the Board voted unanimously to do so. Respectfully submitted by Karen Saporito, Recording Secretar o the Zoning Boar of Appeals. Signed: OL~~ Date: Approved: