HomeMy WebLinkAbout1993-02-04 Zoning Board of Appeals MinutesTOWN OR READING
ZONING BOARD OF APPEALS
MINUTES FEBRUARY 4, 1993
MEMBERS PRESENT: Ardith Wieworka, Chairman
John Jarema
Stephen 'ducker
John Coote*
Indicates a non-voting member
A meeting of the Zoning :board of Appeals was held in the
Selectmen's Meeting Room of the 'down Hall, 16 Lowell
Street, Reading, MA at 7°00 P.M.
The first hearing was on the petition of Fames and Lanita
Ruszkowski who were seeking a Special Permit or a Variance
Under Section 6.3.1.3 or Section 5.1.2 of the Zoning
By-Laws in order to construct a single family dwelling on a
lot that has 50 foot of frontage on property located at
lot 35, Assessors Map 138, Forest Street, Reading, MA.
Mr. Brad Latham, representing the applicants, then stated
that they would be seeking a Special Permit and began
discussing the requirements for a Special Permit. He
stated that the lot was created by a 1923 plan which
predated zoning. He also stated and submitted a plan which
showed that the lot was held in common ownership. Also, the
lot had. 50 foot of frontage and at least 10,000 square
feet.
The fourth element, that the lot be similar to a
substantial amount of built upon lot within 300 feet was
then discussed. Mr. Latham stated that 93% of the similar
built upon lots were smaller and 67% had less frontage than
zoning allows. One in four have both equal or lesser
frontage and lesser area. He also stated that there are 42
Lots in the target area.
He then stated that all abutting lots were built upon with
the exception of the land behind the lot which is owned by
the 'down. All other zoning requirements will be met.
He also stated that the house will be built about 200 feet
from the street and will have no negative effect on the
neighborhood.
Mr. Jarema asked if the applicant realized that the house
could only be about 18.6 feet wide due to the zoning
requirements. Mr. Latham said that they realized that.
It was discussed that the applicants also owned Lots 3 and.
33 and have a house on lot 34. Mr. Latham stated that the
applicants receive 2 tax bills.
The Board then discussed that there were only about 20% of
the lots similar to the lot in question. The Board, in the
past, usually requests 50%.
The question of a subdivision came up. Mr. Latham stated
that at one time his clients had thought of building a road
with a cul-de-sac, but things did not work out. He
submitted a letter from the conservation commission
supporting the single family dwelling.
Mr. Latham then discussed that they would eventually like
to add the back of lot 34 to lot 35 to make a larger house.
The Board discussed that they would have real problems
going with a Special Permit. Mr. Latham stated that they
would like to continue the hearing for the purpose of
giving proper notice and request a Variance. He stated that
he would dive the Board an extension of time until April
15<
At 8:15 P.M. Mr. 'P'ucker moved to continue the matter of
this hearing until March 18 at 7400 P.M. Mr. Jarema
seconded and the motion passed with a vote of 3-°0.
The next hearing was on the petition of Gary J. Nelson
who was seeking a Variance (or Special Permit if
applicable) under Section 5.1.2 of the Zoning By-Laws in
order to construct an addition which is too close to the
side lot lime on the property located at 184 Forest Street
Reading, MA.
Mr.. Nelson stated that he had an existing covered porch
which came out 3.50 feet. He wanted to add an additional
4.50 feet so that he could have an 8X8 foot mudroom. He
stated that he wanted to put cabinets in the mudroom. His
wife has M.S. and can't reach the top cabinets in the
kitchen.
The Board discussed that the open porch there now already
encroaches. It would be difficult for the Board to let
the encroachment grow even further.
Mr. Nelson had difficulty showing that the lot was unique.
He then asked to withdraw his petition without prejudice.
At 8:50 P.M. Mr. Jarema moved to accept the applicant's
request to withdraw his petition without prejudice.
Mr. Tucker seconded and the motion passed with a vote of
3-0.
At 9:00 Z.M. Mr, Jarema moved to accept the minutes of
January 7, 1993. Mr. Tucker seconded and the motion passed
with a vote of -0
At 9:03 P.M. Mr. Tucker moved to accept the minutes of
January 21, 1993. Mr. Jarema seconded and the motion
passed with a vote of 3--0-1
At 9:0 P.M. s. motion was made and seconded to adjourn and
the Bard voted unanimously to do so.