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HomeMy WebLinkAbout1992-03-19 Zoning Board of Appeals MinutesTOWN OF READING ZONING BOARD OF APPEALS MINUTES MARCH 19, 1992 Members Present: i"]rC+.iV.2 Wieworka, Chairman John a em John Coote ~e A meeting of the Zoning Board ar(?"i. Appeals was held in the Selectmen's Meeting room of the Town Hall, 16 Lowell Street, Reading, MA at 7:00 P.M. The first hearing was on the petition of Richard and Elaine McDonald who were seeking a Variance under Section 5.1.2 of the Reading Zoning By Laws to allow for a rear yard setback for the property located at 80 Red Gate Lane. w 3, J that 7 . M5.2.-~~. had 1 ~aC itcDo'ia }:7eCV,_=an the hearing by stating put an addition onto the back of their ;kitchen. They would like to put 902 foot deck off the site of the addition. He stated that about 25 inches of the deck would encroach onto the setbac=k At 7:10 P.M. Carol Scott arrived. Ms. Wieworka asked .r. McDonald if he was aware of the criteria that would n vP to bn et in order to get relief from a Variance. He stated th _t ho h poken to S=r. x.aeClaire about the Variance and stated tSs.nt Mr. LeClaire felt there souk be no problem getting a Variance. Ms. Wieworka explained to `==.r. McDonald that he would need to discuss the 4 criteria. Mr. McDonald stated that he did not 'onow he would have to discuss the criteria and asked for z'a continuance in order to look over the criteria and prepare his case. At 7:21 P.M. Mr. Ja.;:'ema zi.Jve to continue the subject att'r of this hearing until May 7, 1992 at 7:00 P.M. Mr. Coote seconded and he motion passed grith a vote of 3--0. t J .t J .J J ! 4 S I J The next H. Works of Uses, offices Public Hearing was on who of the Reading Zoning in an S-10 district on the petition of Charles and i'-S.ary r i ance under Section 4.2.2 , Table By-Laws to allow for professional the property located at 150 Main Street, Reading, MA Mr. Works then stated that he had been trying to sell the house for some time and had been unable to 6c, so. He also stated that he had been unable to rent the house as a residence also. He states, that the house was on the nC_'ge of the residential zone and right next to a commercial zone. He then mentioned all the businesses in the area. He stated that the house would not be changed on the outside, and he melt it would be the best use of the property. He then discussed the criteria that needed to be met i order 'L',.o get relief from a Variance. He felt that the lot was unique because it was on the 'tPe:L'y er`gC' of .;'"1e residential zone and next to the commercial ?one. He el" that there was a financial hardship because the property was unsaleable as it is now. He felt t4`!a` there would be no hardship to the public good, in fact, it would be an improvement. Carol Scott asked what the }resent use o the ?(fuse =v as now. Mr. +i?orwtis stated that the house has been empty and on sale for about 6 months. He stated that at one time it was a two family. He also stated that at one time it was a half-way ht` use for the State, He had bought the house 10 years ago an rented it to the Statein time, the State felt that the house was too small and left. ''s.s. W1 eworka =as%>ecf Mr. Works c"'.':)out r CPDC meeting in March of 1990 when he had asked to rezone 4h prVpe} tyc Mr. Works t... V-teV that the neighbors were violently against it and so he had withdrawn the petition. The Board discussed € ki?'3.g the house back into a 2 family. J Mr. Works states= that there were J 8 rooms in the se . _ ,t. 12,~•~ nC7Gu7 Mrs. Works stated that the State had divided one root,: upstairs and that originally here were only 7 rooms in the house not 8 rs Cx. The -L.`Jcar=;1 then Ci«:sctlvSed that in order to be made into 2 family there had to be 8 rooms in the house before 1 942 y so the house would not qualify. Mr. Works stated that there were doctors offices right across the street in a residential zone. One of the residents present stated that the house with the doctors offices had been grancfat herec in as it use to be a store in the 1920's. The neighbors present were against the Variance. They felt they di<.ti'"?'t E%c.nt the commercial zone creeping into the residential zone. There was also concern of parking and safety for small children in the area. At 8:20 P.M. Mr. Jarema moved co close the taking of testimony. Mr. '.note seconded and the "iotion apse Jit_1"S a vote of 3-0. Carol Scott was concerned about what type of business might be going in the house. She was uncomfortable with giving a ~~lai?_~°. ~ ~ _ O. K. She also felt that Mr. Works could still sell the house when the right person comes along. r' '"fir. Jarema felt that the hardship was not related to the first criteria, while Mr. Foote felt 'f'lat the property was not unique. 2 Ms. ':`'?ewo"s_? a stated that she hadn't heard anything that would meet the criteria. At 8:31 P.M. r. Ja ema moved to qra G a Variance under Section 7, 4.2.2, C;!a,,~le of Uses, for the property located at 190 Main SUi"ee'4'.'_, Reading, I``A for he purpose of allowing professional offices in an S-10 district. Mr. Coote seconded and the motion failed with a vote of 0-^3 At 8:45 P.M. f? motion was ;_€aCe and sE=C."ondetJ to adjourn and the Board voted unanimously to do so. Respectfully submitted by Karen Saporito, Recording Secretary to Cj he 'honing Boar of Appeals. 4 J9 Signed:_-, Date- /,q - 3