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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.