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HomeMy WebLinkAbout1988-04-21 Zoning Board of Appeals MinutesZONING BOARD OF APPEALS READING, MA MINUTES - April 21, 1988 Members Present: atherine A. Quimby John'A. Jarema Sally Nitzsche Chairman Quimby opened the meeting at 7:30 PM, April 21, 1988 in the Selectmen's Meeting Room, 6 Lowell Street, Reading, MA. The Board began by discussing general business followed by a review and discussion of the mail received. After final review, Sally Nitzsche made a motion to accept the minutes of March 17 as submitted. They were approved unanimously. The Board then moved on to open the first hearing of the evening, a continuance for a Special Permit for Robert and Marilyn Pawlak to indicate a buildable lot at Lot 39, Plat 130 Lawrence Road, Reading. Tonight's hearing had been continued from April 7 to allow time for the petitioners to attempt to secure original building permit for an addition to the dwelling at 29 Lawrence Road and/or any variance, etc. issued previously on the property. Mr. Bill Wagner, representing the petitioners, informed the Board that no documentation could be located either through the assessor's office or Town Clerk's office on the property. The plot plan of 1953 was viewed showing 4' and 11' to the abutting lot line. Both lots were non-conforming, as 15' is the minimum distance. At this time, John Jarema felt the Board should request a ruling from Town Councel on the plausibility of transferring the right of ownership. He also stated that the Petitioner should be appointed executrix to the estate before a final decision is reached. Marilyn Pawlak then informed the Board that she had been appointed executrix on February 26, 1988. The Board then reviewed the assessor's card which dated the original structure back to 1953 with the garage being added sometime shortly after. The setback requirements were the same at that time as those now in existence. The feeling of the Board after some discussion 1'regarding the lot lines was that it was unlikelyjthat the land had been considered one lot at the time of construct on of the addition. Mr. Wagner then inquired whether moving the lot lines to give the lot an jl) side yard would have any impact on the Board's decision. John Jarema then noted that even if it were allowed by the Board, actual building on the land may be impossible due to the shape of the land and the ledge found. Mr. Wagner noted that he felt a April 21, 1988 ZONING BOARD OF APPEALS Page 2 home could be placed on the lot with a 15"1 frontage. John Jarema then asked how many homes in the area were non-conforming structures. Mr. Wagner did not know. It was known that most were non-conforming lots. Catherine Quimby stated that she did not want to attempt to draw lines simply to satisfy zoning. Chairman Quimby then opened the meeting to the public. Ms. Yvonne Venutti of Lot #1 Lawrence Road inquired whether a new structure would have to abide by existing setback requirements. Mr. Paul Hunnifeld of Lot #2 noted a missing structure on the plot plan of Lot #14--a storage shed located only 2' from rear lot line. Ms. Venutti then spoke again inquiring whether an instrument survey was done or if this information was taken from town records. Catherine Quimby informed her that the town r engineer had certified placement of the home on the lot. Ms. Venutti was not satisfied that this was an accurate way to ensure placement on the lot. This issue was then discussed. Mr. George Brooks of 19 Lawrence Road then stated he had measured the lot and it was 63'. It was again stated that the addition was built close to the lot line due to the fact that there was no intention of building on the other lot. At this time, Mr. Wagner reiterated his feelings that Section 6.3.1.3. only speaks to the lot in question and not adjoining lots. The only concern the Board should have is whether Lot #15 met the criteria of 6.3.1.3. John Jarema followed Mr. Wagner's comments noting in 40A, one is not allowed to create a lot which is non-conforming. Chairman Quimby added the intent of 40A is to leave space to allow the Board to make the final decision by taking into consideration all aspects of the situation. The issue of the public good was then discussed, i.e., abuttor's property is public good. Mr. Wagner said all criteria had been met 100 percent. Further discussion followed between the Board and Mr. Wagner and his clients which included the following; lots #14 and #15 were purchased in 1955, original subdivision was done in 1929, and the Pawlaks stated the addition was built around 1964. After further comments, John Jarema stated he felt it would be wise to continue the hearing to allow for a more thorough search for the building permit secured for the addition, and time to redraw lot line to make structure conform with zoning for the Board's review. Ms. Venutti again asked if a certified plot plan could be done. Catherine Quimby felt an instrument survey should be done also. Having the land surveyed could also give information as to the buildability of the land. After asking how much time Mr. Wagner would need to do the requested research, John Jarema made the motion to continue to May 19 at 7:45 PM in the Selectmen's Meeting Room. Sally Nitzsche seconded, and the Board voted unanimously to continue. April 21, 1988 ZONING BOARD OF APPEALS Page 3 The public hearing was then closed. General discussion then ensued and the motion to adjourn was made at 8:35 PM. Respectfully submitted by Pamela A. Spang, Recording Secretary to the Zoning Board of Appeals. Date: Signature: