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Home My WebLink About1988-04-07 Zoning Board of Appeals Minutesf: Z-17 - Town o Reading Reading, Massachusetts 01867-2693 (617) 942-0500 ZONING BOARD of APPEALS ,6 LOWELL STREET ZONING BOARD OF APPEALS READING, MA MINUTES - April 7, 1988 Members Present: g--Catherine A. Quimby John A. Jarema Sally Nitzsche *Ardith Wieworka *Indicates non-voting member present Chairman Quimby opened the meeting at 7:30 PM, April 7, 1988 in the Selectmen's Meeting Room, 6 Lowell Street, Reading, MA. General business was discussed including the Romano/Skinner appeal which has been scheduled for June 17 in Cambridge. The Machnowski appeal was then discussed briefly. The Board was then informed that Mr. Russ Graham was the new liason to the ZBA. At 7:45 PM the public hearing was opened to hear the continuance on Gregory Christos of 199 Forest Street, Reading seeking Special Permit for an open deck on the property. It was also intended to hear the withdrawl without prejudice request on the original hearing of March 17 for a Variance. Chairman Quimby read the letter received March 16 from Lisa MacDonald pertaining to this request, and Sally Nitzsche then moved to accept the request for withdrawl without prejudice. John Jarema seconded the motion, and the Board voted unanimously to accept the withdrawl on the Variance. At 7:50 PM the Special Permit hearing was opened. Attorney MacDonald spoke on behalf of the Petitioner. She began by stating that when the house was purchased, the violation existed. The original deck was then torn down and replaced by a larger deck, thus increasing the violation by about three feet. It was also stated that the deck was in no way a detriment to the neighborhood, but an improvement to the property. After hearing the opening April 7, 1988 ZONING BOARD OF APPEALS Page 2 statements, Chairman Quimby clarified which by-law was being addressed in this case. The correct by-law to be followed was 6.3.3.4. John Jarema then noted that the original deck was not on the assessor's card and inquired as to when the deck was constructed. It was clear that it was pre-1967. Attorney MacDonald stated the house was about 80 years old and was in existence prior to zoning. The Board then inquired whether a proper building permit was obtained before construction of the new deck. It was stated that the Petitioner did not know a building permit was needed for an open deck. The discussion then moved on to whether or not the Petitioner had supporting documentation as to the size of the original deck i.e., a plot plan showing deck. Mr. Christos stated there was not, but he knew he had widened the deck by one foot and added 10 feet in length. John Jarema then asked whether any member present had information as to when the deck was built. At this time, Attorney William Wagner, who was present at the request of Mr. and Mrs. Paine, immediate abuttors to the Petitioner, came forward and presented the Multiple Listings book of 1986 which did not show a deck or any other structure on the easterly side of the dwelling. A mortgage plan of 1981 was then reviewed and did show something on the easterly side. The discussion continued, and again the Petitioner was asked if he had anything at all that would verify the existence of the deck and its size. He stated he may have a photograph. The Board informed him that this would be of no assistance in deciding the case as it would not show dimensions. Attorney Wagner then added two affidavits as evidence before the Board. The first from Mr. Jeff Stuart of 8 Hurlbert Road stating the existence of a previous porch of about 5' X 5'. The second from Mr. Kevin Staple of 200 Park Street stating there was a stairway to a landing of about 3.5' X 41, and that in July of 1987 a larger deck was built. Leona and Matthew Paine of 6 Hurlbert Road then spoke stating they had lived as immediate abuttors to the property since 1971. They stated that there was no deck at all prior to the new deck, just a small landing at the top of the stairs. They also stated that some work had been done in 1982, but that the changes did not increase the non-conformance. They added that they sent a certified letter to the building inspector in October of 1987, but that no action was taken. The deck interfered with their use of a sun room on that side of their home and was the source of much noise. John Jarema stated that this fact did not affect the decision. April 7, 1988 ZONING BOARD OF APPEALS Page 3 At this point, Attorney Wagner stated he felt there was nothing to prove otherwise that there was no pre-existing deck, no permit was obtained, and the new deck encroached by 9 feet. The deck was completely illegal and no laws were abided by in its construction. He felt the deck should be cut back. Attorney MacDonald then stated that the placement of the house on the lot made the current location of the deck the most beneficial for living space. Catherine Quimby added she felt the original deck was most likely an entrance "stoop" type of structure. She also stated that trimming the deck would be unfeasible due to the amount which would have to be taken off. John Jarema then spoke relative to the requirement of a building permit being secured and no further encroachment being made when a Special Permit was granted. Neither was met in this case. The Board was then faced with whether to stick to by-laws or overlook the facts before them and take the word and loss involved by Petitioner into consideration. There was then a brief discussion as to an alternate location on the westerly side of the house. Ardith Wieworka then added that the first decision in assisting the Board in their decision was whether there was something there when the house was purchased. John Jarema stated he saw no evidence of this and was finding it difficult to allow this statement to influence his decision. Mr. Christos then stated the original deck was at least 8' X 81. The Board again viewed certified plot plan of 12/87 showing some type of structure and discussed the possibility of considering an 11.9 foot encroachment. The new deck was 10' X 20'. The other alternative was to have the Petitioner trim the deck to the building inspector's specifications. It was noted that the building inspector could allow encroachment due to the fact that there was some type of entrance structure there previously. John Jarema then made a motion to grant Special Permit to allow for construction of a deck at 199 Forest Street to the easterly side of the lot line as shown on plan of land drawn by David Bede. Sally Nitzsche seconded the motion, and the Board voted unanimously to deny Special Permit. Chairman Quimby then informed the petitioner that any further questions should be taken up with the building inspector. The second hearing was then opened at 8:45 PM to continue the petition of William and Allison Dennis for an accessory apartment April 7, 1988 ZONING BOARD OF APPEALS Page 3 located at 629 Haverhill Street, Reading. Mrs. Dennis stated building inspector had visited the property today. The Petitioner then verbally requested a withdrawl without prejudice. When questioned why she wanted to withdraw, Mrs. Dennis stated she felt they could add the additional living space without a stove, etc. allowing her to still gain the space she would need to do the construction without requiring a permit other than a building permit. Sally Nitzsche then made a motion to accept the withdrawl without prejudice, John Jarema seconded, and the withdrawl was unanimously accepted. Discussion then followed as to whether this withdrawl should have been allowed at this point. Chairman Quimby felt strongly that it should have been denied after taking into consideration the fact that it had progressed to the point of inspection by the building inspector. This fact would certainly have to be considered in future cases. The minutes of December 9, and February 18 were then approved as amended, and upcoming schedules were discussed. John Jarema then stated that by law, any future continuances were to be done in writing. r_zThe meeting was then adjourned at 9:10 PM. Respectfully submitted by Pamela A. Spang, Recording Secretary to the Zoning Board of Appeals. Date: Signature: