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HomeMy WebLinkAbout1988-12-15 Zoning Board of Appeals MinutesIN , ZONING BOARD OF APPEALS MINUTES DECEMBER 15, 19ai~ Members Present: Catherine Quimby Ard .i. t: h'i Wi. e'wor•°k: Sally Ni..t'::::sr.::h`Ie 1~agy Chairman Qt_tirribv opened the sch'1ei*..+t_tled public hearing at 7:45 Ptai in the Selectmen's Meeting Room, 6 Lowell Street, Reading, MA. The public hearing was on the petition of Anthony E. Crupi who was seeking < variance under Section 5.3.2.1 of the Zoning By- Laws of the::'Town of Reading for the purpose of constructing a ::4 6 single family dwelling within the 100 year •f•1GuCi ctrt'ci on Lot - 121, 122, 123, 124 Norman Road. (._t')ai_rriian Qt_t:i_mby`' also Cafaene~{::.. " ~ the continued public hearing from tiov:eti+h'er 1988 in which the Cr-t_tni..'c:. were seeking a pe''C:>.al. Per- mit to construct a singles family:` dwelling on the same piece of property. it had been determined that not C:'nly did they need a Special Permit because part of their land was on a flood plain, h:iut they al.._.: need a Var':lance:, because they could not comply to the specified requirements outlined in Reading Zoning By-Laws, specifically Section 5.3.2.1 which states that 80% of the land must be outside of the flood plain Chairman Quimby asked MMr. l.t-1': .x 1'i speak the Variance. t"• t _.,:_~f"1 ' t"?+: began that he i`?aE~ had spoken Bill c`! by stating tl'lclspoken to (=iC?di'C:ir"Ci and hc:C'i been told that water sewage and d be run ? from Track Road. to service the would have to be application had not received any to flooding. ian read a letter from Bill Redford stating that thas of this time, e re are no sewer or water mains on Norman Road 1?"l_?*_tr_r F::'d tioL,sI:i'. provide service both mains-.- run from Track Road. As of this date no such been received from the applicant. He had also data engineering o show ot?a the land 3.::: not subject Mr. : ..t i"i had also brought abutters to the property. The abut- ter Ncarn'Iar-s €`,ocid st.ci•{.t%'{ th'fc,s_ _h-??t:: had been there seven years; and had no problems with water on her land. Mr. t.aci.::er N i.-;;°IC_i had owned / Norman Road for many year before the current C:iwnec!r'., could not nderste`nd why Mr. Crupi was having so ri'iuch"t trouble. He stated there was never any water can his Ian(-,-.! and Mr. C, r-• t_t{-~i ' ~ > land was cs much higher lot. Chairman Quimby then read and explained the By-Law Section 5.1.2-1. Sally Ni.tf_Gche then read the four criteria needed for a Variance« 1 Mr. Cr"i_pi. then stated that his land would have 8000 square feet and mo{::st of the other lots had only 5000 square feet of land. With "("owri water and sewage, he felt t.hat it would not be det.ri.men-- t.al to the t:ir.bli.c good. He felt it would be a financial hardship as he had the opportunity to purchase this land at a price that wcis,s affordable. He also s:.t.eatt.e=:-d that the house would be, arrange-ad so to me=et the Conservation Commission's limit to protect the wetlands. -there:, was discussion as to whether the wetlands had been flagged correctly. Mr. C;rupi then said t.1-at the slab that the house would be bu.i.l.t. on would be two feet off the ground and the water would have to come i_ip six feet: to penetrate the house. The Board asked if Mr. Crt_tpi had cone to the Planning Ciffice. He stated that he had spoken to ionathan Edwards.. T[ie roa:,rd then asked Mr. Crupi to answer the first criteria of t.hk.: Variance:' pertaining to the land being unique. Mr. Crupi then stated that the house would be the last host=_.e on the street. The house would be above the f l ood l ine and they land that the house would be built on would be out of the flood zone. Chairman Quimby then exf-='1airie d that they would not close the public hearing as the Spacial. Permit must still be addressed. A di.th-i Wi-ew orka then explained to fir". C,rupi that the Board would not have to discuss the Special Permit if the Variance it`.!as vote:.`, TIii::' Board was concerned 'l'_hci Mr. l.: F-'li>r+3.. could FiC+'i:. Tr"C the first and fourth criteria. Although they were sympathetic they were fairly certain that the Variance would be overturned if it was granted. They explained tt"rcpt the land had to be unique in its rIatural state:- and it just did not meet the requirements. At 8:30 PM Ardith'i Wiewort::a moved to grant a Variance to Anthony E. i_,r'cipi under Section 5.3.2.1 of the Reading Zoning-By-Laws for the purpose of constructing a 24 x 36 single family dwelling within tile-.' l.i_ii_i year flood plain on the property described as Lots 121, 1::2, 123, and 124 Norman Road, Reeding, MA. The motion was seconded and denied with a vote of 0-3. At 9e15 Sally Nitzsche moved to Variance r_ew-,i_it_>t. The motion was of 3-0. The Board then asked Mr-. Crupi to vial Permit which he did in writ close the public hearing on the seconded and passed with a vote withdraw his request for a Spe-- ing. At. 8:07 PM Sally Nitzsche_ moved to accept: the withdrawal fear a Special Permit. The motion was seconded and passed with r t v c:r t:. E;:. o + ti At. WAre Ardi.t.h Wi.eswc;rk.a moved to close, the public: hearing for the Special Permit. The mot:.a_c,n was seconded and passed with a vote of 3-0., At 9:10 PM, after some discussion on cases coming before the Board, a. motion was made to adjourn and the Board agreed unanim- ously Submitted by Karen Saporito, Recording Secretary to the Zoning Board of Appeals. Sinned: Date: Ly