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HomeMy WebLinkAbout1989-02-02 Zoning Board of Appeals MinutesZONING BOARD OF APPEALS MINUTES-FEBRUARY 2, 1989 Members Present: Catherine Quimby, Chairman John Jarema Carol Scott Chairman Quimby opened the scheduled public hearing at 7:30 Pm in the Selectmen's Meeting Room, 6 Lowell Street, Reading, MA. The public hearing was on the petition of Angela J. Sciandra who was seeking a variance under Section 5.1.2 of the Zoning By-Laws of the Town of Reading for the purpose of constructing an open deck to close to a side lot line on property known as 34 Green 4. Street, Reading, MA. Ms. Sciandra then stated that she wanted to build two open decks- one on the first floor and one on the second floor. The deck on the first floor would be four feet too close to the easterly lot line. She also stated that this was a non-conforming lot. The Board questioned that Ms. of land instead of a certified small square shown on the back this plan of land was still the Board members had not seen taken away some time ago. Sciandra had submitted an old plan plot plan. The also asked if the easterly side of the lot shown on there as in driving by the property it. Ms. Sciandra said that it was The Board felt that they needed a certified plot plan. There was then discussion on whether to hear this case as a spe- cial permit or a variance. As this request would be extending the non-conformity of the lot it was decided to hear this case a a variance. It was also discovered that as the lot coverage at the present time was estimated at 32%, well over the 251 allowed, that Ms. Sciandra would also need a second variance under Section 5.1.2 Table of Dimensional Controls. Carol Scott then read the four criteria that must be met to ob- tain a variance. Ms. Sciandra then stated that the lot had quite a bit of soil erosion and would need to be filled each year to keep the lot level. She really didn't think there would be a problem like this. She also said that all the lots around her were filled to their capacity. The Board felt that the lot was not unique in size and the land was flat. They explained to Ms. Sciandra that she could build the second floor deck as a matter of right, but the problem was 1 the 6 foot by 24 foot extension of the first floor deck. Ms. Sciandra then stated that it was a hardship as children could not play in the yard as the soil erodes and she would have to fill it every year. David Barnes, an abutter from Ash Street, then stated that Ms. Sciandra did not even love in the house. She had single men living there who were having parties with loud music. He felt that should the deck be built it would be even worse as they would party outside on the deck even closer to his property. Lord Wren from 83 Ash Street then submitted some pictures to the Board and stated that the proposed deck would block the light from coming into her house. Ms. Sciandra stated that she would soon be moving into the house and also asked about continuing the hearing in order to obtain a certified plot plan. The Board then explained that they had a problem with her meeting the criteria and also that as she was trying to obtain two variances it would be more difficult, with the coverage variance being the most difficult. At 8:30 after more discussion on continuing the hearing Carol Scott moved to grant a variance under Section 5.1.2 of the Zoning By-Laws for the purpose of constructing an open deck within 10 feet of the easterly side lot line on the property located at 34 Green Street and also seeking a variance under the Dimensional Table 5.1.2 with regard to lot coverage. John Jarema seconded and the motion failed with a vote of 0-3 therefore denying the variances. At 8:35 PM Carol Scott moved to close the public hearing. John Jarema seconded and the vote was 3-0 to close the public hearing. The Board then discussed old business and also new cases coming before them. At 9:00 PM John Jarema moved to accept the annual report to be presented to Town Meeting. Carol Scott seconded and the motion passed with a vote of 3-0. At 9:02 PM a motion was made to adjourn and the Board voted un- animously to do so. Respectfully Submitted by Karen Saporito, Recording Secretary to the Zoning Board of Appeals: 2