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Home My WebLink About1988-01-06 Zoning Board of Appeals MinutesTown of Reading Reading, Massachusetts 01867-2693 (617) 942-0500 ZONING BOARD of APPEALS .6 LOWELL STREET ZONING BOARD OF APPEALS READING, MA MINUTES - JANUARY 6,1988 Members Present: Catherine A. Quimby John A. Jarema C. Nancy Scott Chairman Quimby openend the meeting at 7:30 PM, January 6, 1988 in the Selectmen's Meeting Room, 6 Lowell Street, Reading, MA. Opening discussion included the reading of a letter from Peter Hechenbleikner regarding the attempt being made to schedule all evening meetings on the same night in order to facilitate staff and custodial time and reduce use of public buildings to two evenings per month (1st and 3rd) wherever possible. The Board delayed any further discussion on this matter until they could confer with Stephen Tucker regarding his upcoming schedule. Discussion then moved on to the question of whether or not a window could be considered a second means of access to a building. According to a previous Petitioner before the Board, the Building Inspector had informed him that this means could be allowed as a second access. Carol Scott clarified this stating an "emergency" window (20" X 24") would be allowed as an exit from a bedroom in addition to two means of egress into the dwelling. Catherine Quimby then opened the scheduled public hearing at 7:50 PM for Paul and Joanne Healy of 83 Cross Street, Reading, seeking a Variance to allow for the addition of a garage and family room to an existing dwelling located too close to side lot line in violation of Section 5.1.2. of the Zoning By-Laws. Mrs. Quimby began by clarifying what the four conditions necessary in the granting of a Variance are and confirming that the applicants knew what they must do in order to receive a Variance. Mrs. Healy spoke on their behalf, stating that she and her husband wanted to add an attached garage and family room. With existing plans for January 6, 1987 ZONING BOARD OF APPEALS Page 2 construction, the addition would violate zoning by 5 feet on the side lot line. An additional driveway would alsoi be necessary to allow access to proposed garage as well driveway for access into the house. Petitioner stated her hopes that a Variance would be granted in order to do construction without requiring the filling in of land to the rear fth wlot. After some discussion by the Board during which sugge fanss to made to the Petitioners as to how they might redesign p better suit the requirements of the by-laws, Mr. and Mrs. Healy requested to withdraw without prejudice. Catherine Quimby accepted the motion, it was seconded, and the Board voted unanimously to accept withdrawl without prejudice. The second hearing was then opened at 8:15 PM for equesting a Ms. Josephine P. Day of 4 "C" Street, Reading, Variance for a dwelling located on the property too cclosestokside lot lines. William C. Wagner of Latham and Latham, her behalf. -He began by giving a brief history of the lot and the fact that when the land was purchased, she was lead to believe that the lot was within code. Following a tape survey in 1987, of ~_this was found to be untrue--the 0iia,was in violation by 3110 a foot. Counsel noted this very slight violation of dimensional control and stated the structure was located on center of lot consisting of only 5,000 square feet. The bank was requiring that Mrs. Day cleap the title on the property although she was living on the premises and had no plans to move from her home. John Jarema stated his feelings regarding banks creating these types of problems and then expecting the town to rectify them. He votedlocated at wasVariance then made a motion seconded£oandhtheproperty motiongrant 4 C~~ Street, the unanimously to grant the Variance. Some general business the evening began. TI a- C_ 'regarding the Karamps scheduled for 9:00 AM minutes of October 21 was discussed before the final hearing of its discussion included a letter being read case and a scheduled pre-trial conference on January 27 to be held in Concord. The and 28 were also approved as amended. January 6, 1987 ZONING BOARD OF APPEALS Page 3 Catherine Quimby then opened the last hearing at 8:45 PM for Mr. John Romano of 32 Howard Street, Reading, requesting a Special Permit/and or Variance for the property located at Parcel #17, Hurlburt Road, Reading. Mr. William Wagner of Latham and Latham, P.C. spoke on behalf of Mr. Romano. He began by clarifying to the Board how Mr. Romano came to own this particular piece of property in 1983 via purchase through town auction.' It was also noted that a Building Permit had been denied in 1986. Mr. Wagner proved to the Board that the lot met zoning at time of subdivision on plan dated 1915. Property had been in tax court, and title had not been cleared until 1986. The meeting was then opened to the public. Mr. Bill Skinner of 36 Dunbar Road read a letter showing property had been taken by the town in August of 1940. The issue of Wales Avenue being a "paper street" in this section of road was discussed. The intended plan for construction was then reviewed by the Board as well as plans for driveway. It was also noted that a building permit was also denied in November of 1987. The Board spoke to the Petitioner regarding the possibility of his purchasing the small parcel of land abutting his land from the town. This could be done at the upcoming Town Meeting. Mr. Pat O'Sullivan of Forest Street then spoke expressing his hopes that a permit would not be granted in order to preserve the appearance of the neighborhood. Carol Scott then expressed to the Petitioner and his counsel the fact that generally, a Variance was granted on an existing structure, and all attempts should be made to comply with zoning by-laws when constructing a new structure. Other members of the neighborhood who spoke to the Board were Charles Danberg of Dunbar'Road, Jeff Stuart of Hurlburt Road, and Joe Skinner of Linda Ave, all stating their hopes of a denial by the Board. A letter was then read to the Board which was received by Mr. Bill Skinner from the Board of Selectmen in 1953 when he was considering purchasing the land. In short, it stated that building upon the lot would not be allowed. He asked that the Board consider the fact that he had bordered this land for 50 years and had been lead to believe that it was not usable. Catherine Quimby then read the letter sent to Mr. Romano from Ms. Beth MacKillop of the Conservation Commission stating prior approval would be necessary if Zoning Board of Appeals voted favorably in this case. After further discussion, Carol Scott moved to grant Special Permit to John Romano for Parcel #17 located at Hurlburt Road. The motion was seconded, and the Board granted the Petitioner's request for Special Permit and moved on the issue of a Variance. January 6, 1987 ZONING BOARD OF APPEALS } f, Page 4 John Jarema spoke to the Petitioner relating to the many other options available to him which would allow him to stay within codes set up. The Board felt a 5 foot request for Variance was unreasonable on a new structure. Carol Scott then moved to grant a Variance for the construction of a one-family dwelling located too close to side lot line at Parcel #17, Hurlburt Road. Motion was seconded and unanimously denied by Board. Twenty-day appeal period was then clarified to all in attendance, and the hearing was closed. Other business was discussed including the upcoming hearings for Faffard in February. The next meeting would be a continuance on the Machnowski case scheduled for January 20 at 7:30 PM. After final discussion and a brief review of Board member's schedules, the meeting was adjourned at 9:45 PM. Respectfully submitted by Pamela A. Spang, Recording Secretary to the Zoning Board of Appeals. Date: Signature: AMENDMENTS