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Home My WebLink About1988-06-02 Zoning Board of Appeals MinutesCA- 7 ZONING BOARD OF APPEALS READING, MA MINUTES - June 2, 1988 Members Present:-Catherine A. Quimby John A. Jarema Stephen Tucker *Carol Scott *Indicates non-voting member present. Chairman Quimby opened the scheduled public hearing at 7:35 PM in the Selectmen's Meeting Room, 6 Lowell Street, Reading, MA. The meeting began with the review of minutes of April 7, 1988. John Jarema made a motiorf to accept minutes as submitted, and the Board voted unanimously on their approval. Minutes of May 19, 1988 were then reviewed. Following some amendments, it was decided the minutes would be voted at the next meeting as it was time to open the public hearing scheduled for Michael and Cynthia Asci of 113 Winthrop Avenue, Reading seeking Special Permit for an accessory apartment located at above address. The hearing was called to order by Chairman Quimby at 8:00 PM. It was stated that both Catherine Quimby and John Jarema had made a walk-through site inspection of the premises. The Board then reviewed the application which had been prepared by Mr. Asci and inquired as to whether the building inspector had been by to speak with the applicants. Mr. Asci then spoke on his own behalf and stated he had spoken to Mr. LeClaire and was informed that he had filed for the wrong type of permit. He then spoke about the time and effort wasted in his pursuit of this public hearing, etc. and the fact that he was told originally that this was the route to take. Mr. Asci then informed the Board that he was told by the building inspector that if he had the original permit application as well as the original floor plan at his office at 7:00 AM on the following day (June 3), he would be granted a building permit which was all that was necessary by law to do the proposed construction. The Board then clarified to all attendees the proposed plans for increasing the living quarters at 113 Winthrop Ave to provide a,dining area for Mrs. Asci's mother. The garage was to be the area in which the construction would take place, and the existing basement would be used as living room, bedroom, and laundry areas. Therefore, 50 percent of the house would be utilized as the accessory apartment which was not allowed per the by-law: A Special Permit was out of the question. Zoning Board of Appeals June 2, 1988 Page 2 John Jarema then spoke to Ascis regarding the breakdown of communications which lead to this error in filing the application. He also suggested they speak again with the building inspector. Mr. Asci then requested to withdraw without prejudice his application for a Special Permit. John Jarema moved to accept the withdrawal for an accessory apartment located at 113 Winthrop Avenue, and Stephen Tucker seconded. The Board voted unanimously to accept the withdrawal without prejudice request. A discussion then followed as to who might have the original application submitted by the Ascis as it was not in the possession of the Board. Mrs. Asci would be at the CPDC office upon its opening in the morning to secure the application and speak with the building inspector. The second hearing was then called to order at 8:15 PM for James and Karen McArdle of 21 Lakeview Drive, Sandwich, MA seeking Special Permit to make buildable the land located at Lot #52 (Lot #26 accessor's plan) Criterion Street, Reading, for construction of a single-family dwelling. It was stated for the record that the plan of land used in tonight's hearing was dated December 1948. The Board questioned Mrs. Agnes Buttery of 59 Grove Street, Reading, as to the history of the land. She stated the two lots in her ownership (lots #25 and #26 of the assessor's plan) were purchased in 1964. The current structure was in existence at the time of purchase on Lot #25, and the pool was added in 1969. No building permit was found for the pool in the building inspector's office. Mrs. Buttery then submitted the original building permit dated July 8, 1969 to the Board for their review. The pool was an in-ground pool built straddling both lots. John Jarema then read the criteria for a Special Permit under 6.3.1.3. Following a lengthy discussion regarding the "grandfather" clause and its use in such cases, it was stated that #1 and #2 of 6.3.1.3. could qualify the lot, but #3 could not be satisfied. The Board also discussed the need for a certified plot plan. Discussion then moved to the fact that their was a discrepancy in lot size. The Petitioners then informed the Board that the town of Reading had taken some of the lot to widen the road. Following some review by the Board, it was discovered that the measurements retained by the town were for tax purposes only, and the town had failed to reduce the figures corresponding to the boundaries. Mr. John Campongioni of Grove Street then spoke stating Zoning Board of Appeals June 2, 1988 Page 3 Frances Gallant was the owner of the last three lots. Other lots in the area were then discussed. Mr. McArdle then read three letters from the following abuttors into the record; Chester and Henrietta Hutt of 31 Grove Street, Jessie Goddard of 45 Grove Street, and Audry Rice of 51 Grove Street, all in favor of approval of the Special Permit. Chairman Quimby then opened the meeting to the public. (~jk t4 61, V1 Ms. Margaret Gano asked whether the pool was included in the 5,000 s.f. needed for a buildable lot. Mr. Jeff won questioned the water table and possible drainage problems. Catherine Quimby clarified the fact that in the event the Special Permit was granted, if there were any problems with the flood plains, the conservation commission would also have to grant their approval. Mr. Kent England also questioned flood plains as well as lot line requirements. It was clarified by the,Board that the setback requirements were 15 feet on either side, 20 feet to the rear, and 20 feet to the front. It was also discussed that in the event that the lots were allowed to be used at separate lots, the pool would have to be removed. John Jarema then explained the intentions of 6.3.1.3. and how it pertains to preserving an empty lot for future use. Once built upon or disturbed, however, 6.3.1.3. may not apply. In essence, lot is now one lot--pool destroyed integrity of open lot. Number six of the by-law was again discussed in length. Mrs. McArdle felt other lots in the area were allowed to be built upon. She stated #17 John Street was the perfect example. Chairman Quimby clarified that there had been an existing structure on this lot making it a completely different situation. It was also noted at this time that the land in question had been subdivided in 1948. Stephen Tucker then moved to grant Special Permit under 6.3.1.3. for the purchase and construction of a single-family dwelling on Lot #26. John Jarema seconded and added the location of the pool and frontage requirements were the main issues in tonight's decision. The Board then voted unanimously to deny the Special Permit. The public hearing was then closed. Remaining general business was then discussed including a letter to the building inspector and the upcoming Trancoa case. The scheduling of a site inspection was tentatively made. Proposal to amend R & R's was also discussed with Catherine Quimby informing the Board of Town Councel's advice that the Board make public the intentions of amending R & R's and also to stay with the existing format for informing abuttors of upcoming hearings to avoid any future problems. ` Zoning Board of Appeals June 2, 1988 Page 4 Following a brief discussion of how final approval on applications would be handled, a motion was made to adjourn, and the Board voted unanimously to do so at 10:00 PM. Respectfully submitted by Pamela A. Spang, Recording Secretary to the Zoning Board of Appeals. Date: Signature: