HomeMy WebLinkAbout1993-01-21 Zoning Board of Appeals Minutes_ READING
'1MINUTIL X U= 21, !IA
aem9`;.JC'.."s Present: Ardith Wieworka, Chairman
Jt?y`1z1 4 arena
Stephen Tucker
Carol Scott*
John Coote*
*Indicates non-voting member
A meeting o t:.":1.e Zoning Boar of Appeals was he in the
Selectmen's .'~~7 iz--. Room o'_ of the Town Hall, 16 low ell reetg
Reaaing, MA at _i2 zedu-e_. Public Hearing ~is on the petition of Davin and
Laura
Ryan who were e _;er of th Building w._ e~e~_+t _;t,~`'_v ~ of C.i,r~ Actor
denial of a building permit for c`', legal two family or, i- the
alternative, a Sptacia l ;'%ey.:t,...3.. _o.,"' an a cc,-;isorY "`.st '"?r'C under
Section 4.3.2.8 o the Reading Rio ina 7y-Laws -c _ _ _:-i"o°pe y
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located at 100 Forest Street, Reading,
Y, e ;°:1i<?: orka state that this 2'c'ai'in had been advertised three
K ins x2owm The most recent showing that the applicant was also
r _ lyi" J for an access rsyr apartment.
Bill Wagner, representingthe applicants, then stated that this
was a legally existing two ie"'mi' V that was i3;toved from Haven
Street to Forest Street. He stated that the property could
t'E`'et the criteria as it was legally occupied before 1 9 2 a He
5'C3 yc?'::'. that the apartment would have 710 square feet and would
be located in the basement of the home. .z x e structure would
single remain and look like a family home. He also stated that
_.__ere would be off street parking,
Mr. Ryan then state that he had purchase? the building in 1984
from he R r z Co-op Bank. He stated that at that .,_.,.me i
was a "``t"".'_=ii.ee unit building- two commercial stores on the first
floor and a W bedroom apartment o the second and third floors.
When asked ha his intentions were when he purchased the
building, ;'ai'm Rya,: stated that he wanted to occupy the ?Mouse
as a two family dwelling. He stated that he had put in a
fQ«ttratictt on Fares Street that would allow for an apartment
in the basement.
Mr. ',eClai re had issued a temporary occupancy permit as a single
family. The apartment was completed around May of 1992. Mr.
Ryan stated that the house now, an& always had two electric the meters. Wagner . c~;.~ that ax records list the slot;cwse
as a two family.
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Mr. Ryan stated ..!~at <?he,t he had purchased the building he hc;_C;4
`J'ee?.i "told by the Building inspector at the time that i u could
remuin a i Y4o family home. He also stated that -`er were
run in the house not including the basement.
Mr. w,J a:Cema sta E.ed that his interpretation of the y-'F_~.'sCv was
c that a single family home 'wilt before 1942 with rooms could
use those 8 rooms and convert the dwelling to a 2 unit, not
increase or construct new living area. One third of the wing
space could be used but not the e -baSement are a
The plan s?1:.`w ?...a:e square footage as 470P r re feet including
the basement. The Board felt that the bas7,eit should not be
include i this figure, and 1389 square feet must be ' 3i csC-d.
It was discussed that the accessory apartment must be
incorporated within the existing building, and that the new
basement should not be used as the accessory apartment. it was
also discussed that the basement on Haven street was no used
for living space as it had a partial dirt, floor act. and was
basically used for storage.
..w_o ootre questioned whether .y"1is was like a new construction
on the site r*.n{.; whether the ri g:f:tas.'s from the last site should
travel with the house.
The Board agreed that t'ape right of a two family could not
transfer to Forest Street.
At 8:30 P.M. Mr. Tucker moved that the Board determines that
the structure located at 100 Forest Street, Reading, MA .1
a legally existing two family home. Mr. varema, second and
the motion failed with a vote of 0-3.
The Board then discussed the accessory, apartment aspect of the
hearing. '`>''r'm Cootee felt that the B>7--Law can be read both ways,
but he '.'}oa_d has, in the {oast, always read it to mean that
he accessory apartment had to be within the original existing
dwelling.
The Board felt that the dwelling did exist before 1982 but the
apartment accessory was definitely not within the existing
dwelling. it was brand new.
After more discussion at 9,1t8 P«, }tr. Ja:~'~'ma moved oved ~ to grant
to !avid and Laura Ryan a Special Permit under Section 4.3.2.8
for an accessory apartment to be located in the structure
situated et 1 ~ v~
al'100 0 Forest Street, Ra ~a''.in.g? M<.a L° ;fit ar~b Tucker seconded
the 1°°vct on. Mr. t9arf?m then G"Ss1enJ & the motion to cal s
presented in aac'!titio Cdate Se t^--.oer 1992." Mr. vvcln~ seconded
and t~'; e moL7_£.n failed with a vote of 0--3
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t
At
9u24 P.M
.
a motion :vas
m<..:.
,
e
C
h~
and seconded to yadjou and the
ta
d
o
t
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Respectfully submitted by Karen Saporito, . ecor!~ i n Secretary
t tx'`ey iaonil^g Board o Appeals.
Signed:.A'av-~ Jp
Date: 1~ ` - 1.
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