HomeMy WebLinkAbout1990-10-04 Zoning Board of Appeals MinutesTOWN OF READING
ZONING BOAR, OF APPEALS
MINUTES OC'T'OBER 4, 1990
Members Present: John Jarema, `Nice Chairman
Ard ith v,?i eworka
Sally Nitzsche
A meeting of the Zoning Board of Appeals was held in the
Selectmen's Meeting Room of the 'own Hall, 16 Lowell Street,
Reading, MA at 7:00 P.M.
The first Public hearing was on the petition of Dr. W. Harris
Graf who was seeking a Variance under Section 4.0 et seed of
the Zoning By--Laws to allow for the conducting of a Dental Office
in a S-10 zone, on the property located at 246 Woburn Street,
Reading, MA.
Ms. Charlene Dazarian, representing Dr. Graf, then gave a brief
history of the property. She stated that Dr. Graf had bought
the ;property in 1961 and had applied for a Building Permit in
1962 to construct a dental facility. She stated that he had
been granted the Building Permit and had installed special things
only suited for a Dental Office such as, reinforced flooring,
special piping for gases and oxygen, and also special electrical
wiring. She also stated that the Dental Office had been
operating for 28 years and was not just a home occupation as
other people had been working there also, such as hygienists,
receptionists, other dentists, and orthodontists. She stated
that they were not seeking a change in the effective use but
were seeking to allow Dr. Graf to remain in the home premises
while renting the dental office and selling the dental practice.
Due to health reasons Dr. Graf is no longer able to pursue his
-enter practice.
Ms. Bazari an stated that it would be an economical waste to
have to remove the Dental Office and that Dr. Graf would not
be able to maintain the house without selling the Dental
Practice. She also stated that Dr. Graf would like to stay
in the house until his daughter graduates from school.
Ms. Bazarian then submitted some photos of the parking area
and also of the Dental Offices. She also submitted some letters
from abutters stating that they understand there would be no
change in use at this time.
Mr. Jarema then asked Ms. Bazarian to speak to the criteria
that would have to be met to get relief from a Variance. She
stated that the property was unique due to the special wiring,
r' plumbing and construction of the addition. She stated, that
there was a medical and -financial hardship. The Dental offices
w re not suited for regular home use, and it would. be a waste
to have to gut the whole addition. It was also stated that
the Dental Offices were 20 feet by 34 feet.
Mr. John Sweeney, an mutter who was representing the neighbors,
then stated that they were concerned that in the future the
new owner would add onto the existing structure and the
lot would become more like a business area. He also stated
that the neighbors had never had a problem with Dr. Graf and
that he had been a good neighbor.
Another neighbor was concerned about the parking.
Ur. Graf then stated that he did not want to take his daughter
out of school. He stated that he only wanted to rent the office
for income R and that he would be willing to write some type
of agreement with the new purchaser that they could not build
up or out on the lot.
Mr. Sweeney stated that he would like to suggest some language
that could be used as part of the Variance.
The Board then discussed that Ur. Graf was seeking a Use
Variance. Ms. Bazarian stated that the use for the past 28
years has gone well past a hone occupation. Ardith WieT:7orka
asked if what is going on there now is illegal. Ms. Bazarian
then stated that Dr. Graf would be protected under Chapter 40A
Section 6 which stated that if the use had been going on with
no complaints with the 6 and 10 years rules that the use is
permitted..
The :Board then discussed how ?zany rooms were in the house.
Mr. Jarema asked if Dr. Graf had considered selling the whole
house and renting a portion of the house until his daughter
graduates from school. Dr. Graf stated that he had not.
At 8:09 P.M. Ardith y7ieworka moved to close the hearing. Sally
Ni.tzsche seconded and the motion passed with a vote of 3-0.
Ardith Wieworka discussed that if Br. Graf was protected under
Section 6 he would not need a Use Variance.
Mr. Jarema felt that the new buyer would have to buy the entire
property. He also felt that there were other options to be
considered. He also felt that the structure was not unique.
At 8:16 P.I. Ardith Wieworka moved to grant a Variance under
Section 4.0 of the Reading Zoning By-Laws to Br. Barris Graf
to allow for the conducting of a dental office in an S-10 Zone
on property located at 246 Woburn Street, Beading, MA. Sally
I4itzsche seconded and the motion was denied by a vote of 0-3.
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The next public hearing was on the petition of Ralph T. and
Alice K. Meuse who were seeking a Special Permit under Section
6.3.1.3 of the Zoning By-Laws to allow for the construction
of a single family dwelling on the property located on Lot 97A
Auburn Street, Reading, MA.
Mr. Nicholas Decoulos, representing Mr. Meuse, then submitted
an Assessors asap showing the 300 foot surrounding area. He
then stated that Mr. Meuse and his wife had owned the property
since 1969. In 1988 Mr. Meuse had asked for a Special Permit
to build a single fa_iily home at that time. There had. been a
problem with Lot 98 which abutted Lot 97A. At the time Mr.
Meuse owned Lot 98 in common ownership with Mr. Kyle, the owner
of Lot 106. Since that time Mr. Meuse has surrendered the Lot
to Mr. Kyle. Mr. Decoulos now stated that all abutting lots
are built upon.
Mr. Decoulos stated that the only problem that is lest is whether
or not the area and frontage of the proposed lot is similar
to or greater than the area and frontage of a substantial number
of built upon lots which are located wholly or partly within
300 feet of the Lot.
Mr. Becoulos also stated that Mr. Meuse had circulated a petition
among his neighbors. Out of 57 neighbors-40 were in favor of
the single fLmily dwelling, 6 were not at home, 3 were not
opposed, 1 had no comment, and 1 neighbor was opposed.. The
petition was submitted to the Board.
Mr. Decoulos stated that this was not going to increase the
density of the area as this was the last vacant lot in the area.
He stated that the lot was non-conforming but not sub-standard.
Mr. Decoulos then discussed the word substantial and respectfully
suggested to the Board, that when they interpret the word
substantial t'nat they tape into consideration the intent of
the By-Law.
It was then_ discussed that Mr. Meuse had bought Lot 96 and
Lot 97 in 1969.
Mr. Charles Laughton, the abutter in the rear of the property,
then stated that he was not overjoyed with the idea of having
a house behind his house.
Mr. Kyle then discussed Lot 98 which is the strip of land between
Lot 106 and Lot 97. He stated that he and Mr. Meuse had bought
the Lot together. He also stated that he had recently bought
Mr. reuse's half of the Lot.
The Board then discussed if Lot 106 and. Lot 98 were now one
lot or still two separate lots. Mr. Decoulos then submitted
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a copy of t'_n_e deed showing that Mr. Lyle now owns Lot 98.
The Board then had a lengthy discussion on what the word
`ysubstantial" means, and also if the Lot area and frontage was
similar or larger than a "substantial" number of the surrounding
lots.
Mr. Jarema and Sally Nitzsche felt that many of the lots were
similar. Ardith Wieworka was concerned that the lot was not
similar or greater in area and frontage than a "substantial"
number of built upon lots.
The Board briefly discussed the plan of the house and then
discussed the word "substantial" again.
At 10:00 P.M. Sally Nitzsche moved to grant a Special Permit
to Ralph T. and Alice K. Meuse under Section 6.1.1.3 of the
Reading Zoning By-Laws to allow for construction of a single
family dwelling on property located on Lot 97A Auburn Street,
Reading, MA. Ardith Wi eworka seconded the motion which failed
with a vote of 2-1 with Ardith Wieworka opposing.
Respectfully submitted by Karen Saporito, Recording Secretary
to the Zoning Boare ~ -f A; peals . ~
Signed:
.
Date: Approved: 3, kJ j,-,
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