HomeMy WebLinkAbout1991-09-05 Zoning Board of Appeals MinutesTOWN OF READYING
ZONING BOARD OF APPEALS
MINUTES SEPTEMBER 5, 1991
Members Present: Ardith Wieworka, Chairman
Sally Nitzsche
John Ja re=_t a
A meeting of the Zoning :25oarc of Appeals was held= in the
Selectmen's Meeting Room o the `ion°?fl 'fall, 16 Lo-well Street,
Reading, M1? at 7:00 P.M.
The first hearing was a continuance from, August 1, 1991 on the
petition of t`°:.ark and Diane 'u kj ian who were seeking a variance
for the property located at 341 Ash Street. The hearing had
been continued to allow the ;petitioner to go before the
Conservation Commission to discuss the wetlands on the property.
rs. Kurkj 1 an submitted a letter _=ro~.~ the Commission anC<. also
a Certified Plot Plan of the property.
Mr. Ja rema react the letter dated August 7, 1991. It stated
that there were wetlands on the property and the 100 foot mark
came up to the back of the house. Therefore, the addition could
not be put on the, back of the property.
Mrs. Kurkj ian then discussed the criteria that needed to be
met in order to get relief from a Variance. She stated that
the property was unique cue to the wetlands in the rear of the
property. Also the lot is sloped, and -most of the lots in the
area are flat. She stated that it would be a hardship if the
addition could only be e feet wide, as it would not be big
enough to make it worth the money that would have to be spent.
She also stated that they could not build in the rear clue to
the wetlands. She also stated that they needed the third bedroom
as they have a 'goy and a girl.
Mrs. Kurkj ia,n also stated that they had. no objections from any
of the neighbors an that it would only he at most a 21 foot
encroachment.
ten'e Board discussed that the PropE~. a"tv was a- ~nique due e
to the
topography and also that it was locked by the impact of the
wetland protection act. They also-discussed that it would be
a hardship if the Kurkj i ans had to relocate. The Board also
felt that the neighborhood would not be impacted and also that
the encroachment would only be 12 or 13%.
At 7:25 P.M. Mr. Ja re ma moved to grant a Variance under Section
5.1.2 to Mark and. Diane Kurkj ian on the property located at
341 Ash Street for the purpose of building a 1 story 12x24
addition to the Northerly corner of the house not to encroach
any greater than 12.4 to the Northerly side of the lot line.
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Sally Nitzsche seconded and the motion passed with a vote of
3-0.
The next hearing was on the petition of Alan and. Dori Leland
who were seeking a `variance under Section 5.1.2 for the purpose
of building an addition which would be too close to the Tot
sine on ;property located at 14 lReather Drive.
It was stated that both Ardith if,ieworka and Sally Nitzsche had
gone to see the ;property.
The Board discussed that the plot plan did not have the proposed
addition on it. Mr. Leland submitted a drawing, he had done
on his computer showing where the addition would be located.
The Board discussed if the hearing should be continued in order
to allow the petitioner to sub-int it a certified Plot plan showing
the addition. As the plot elan did shod the footage to the
lot line on the side where the audition would be, it was decided
to hear the case.
Mr. Leland stated that they would like to add a greenhouse to
the southern side of the house. He provided the Board with
a ;picture to show what the greenhouse would look like, stating
that it would be attractive.
Leland then discussed the criteri a needed to be met in order
to get relief from a Variance. He stated that the shape of
the lot was unique. The lot line on the southern side of the
lot was at an angle so that the front of the greenhouse would
be in coder but the back of the greenhouse would be short by
al,nost 3 feet. He discussed with the hoard that the greenhouse
came in units and that they would like to have 2 units. One
would not be big enough. He also stated that the neighbors
had no objection to the greenhouse.
Mr. Jarema asked if they had given any thought to putting the
greenhouse on the bade of the property. The Leland°s stated
that they wanted: to get the southern light, and that it would
not tit in Properly in the back as it was a type of lean-to
addition.
Mr. Jarema asked Mr. LeClaire if the greenhouse would be
considered a structure. Mr. TeCiaire stated that it would be
a structure as it would have a foundation.
Sally Nitzsche stated that she thought the property had some
uniqueness. She also felt that it would not be a large
encroachment and would not visually have much of an impact.
Mr. Jare na stated that he had also viewed the property and,
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although, he thought -the greenhouse
;problem with the last three criteri
had other alternatives. Mr. Jarema
not want to create a non-conforrni ty
neighbor-hood.
was admirable, he had a
_L. He felt that the L elands
also stated that he did
in an all conforrt ing
Arc=ith Wieworiza stated that a greenhouse did not seem as
offending as a normal structure, but she did have trouble with
most of the criteria.
i'°s.r. Jarema asked if the L elands had looked into a land swap
with their neighbors. They stated that they had not as they
would not want to Ltipose on their neighbors.
At 8:25 P.M. Mr. Jarema moved to grant a Variance under Section
5.1.2 of the Reading Zoning By-Laws to flan C. Leland, 14 Heather
Drive, for the purpose of adding a one story greenhouse addition
to the southerly side of the property to be approximately
8 feet in width by 21 feet in length and encroaching 12 talus
or minus feet to the south side of the lot with the condition
that said addition shall be used solely as a greenhouse. Sally
Ni tzsche seconded and the motion failed with a vote of 1-2 with
Mr. Jar ema and Ms. Wieworka opposing.
The next public hearing was on the petition of JoAnne E. L ayhe
who was seeking a Variance under Section 5.1.2 of the Zoning
BY-Laws ','able of Dimensional Controls) and/or a Special Permit
.under Section 6.3.1.3 of the Zoning By-saws of the ?own of
Reading for the purpose of building a single family dwelling
on the property located at Lot ,#27 Joyce Street, Reading, MA.
Ms. Layhe explained to the 'Board that she lived at 212 Woburn
Street with her mother and that the Lot she wished to build
upon was the :got that abutted in the rear of that property.
She stated that they would like to 'wild a single family home
on Lot 27 and that they would sell the house on. Woburn Street.
She also stated that previously the Zoning Board of Appeals
had granted Special Permits for Lots 25 and 26 to build homes
on those lots.
Ms. Layhe stated to the ;hoard that she would be seeking a
Special Permit and would like to withdraw her request for a
Variance.
Tbs. Layhe then discussed the criteria that needed to be 'net
in order to obtain a Special Permit. She states{ that both lots
were held in common ownership on February 2, 1978. The Trot
also has at least 5000 square feet of land and 50 feet of
frontage. The Board also discussed that most lots were similar
with in the 300 foot circle. Its. Layhe also stated that all
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abutting lots were built upon.
The Board ~ _ t had that two other Special Permits ~3ad previously
been granted: on Boyce Street for the same reason. it UaoulC
be difficult to argue against this Special Permit.
-At 9>05 P.M. Sally Nitzs
under Section 6.3.1.3 to
building a, single family
'Reading, MA. Mr. Ja re3.,qa
a vote of 3-0.
the moved to grant a
Jo??.nne L' . Layhe for
dwelling on Lot #27
seconded and the ono
Special Permit
the purpose of
Boyce Street,
cion passed with
At 9.25 P.M. a motion was made and seconded to adjourn and the
Board voted unanimously to do so.
Respectfully submitted by Karen Saporito, Recording Secretary
to the Zoning Board of appeals.
Signed:
_ -Aa-U,-iA
Datem 3 5-- - --~cf
Approved -1 0 6
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