2000-05-18 Zoning Board of Appeals Minutes

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IR 'OV'N OF READING OJ&G BOARD OF APPEALS MINUTES OF MAY 18, 2000 4= 20 MEMBERS PRESENT: CHRISTOPHER VACCARO, CHAIRMAN JOHN COOTE MICHAEL LARKIN BERNARD O'SHAUGHNESSY A meeting of the Zoning Board of Appeals was held in the Selectmen's Meeting Room of the Town Hall, 16 Lowell Street, Reading, Massachusetts at 7:00 PM. Building Inspector Glen Redmond was also present. Case #00-08 Continuance of a Public Hearing on the petition of Wendy's Old Fashion Hamburgers of New York, Inc. who seeks a special permit/appeal from the decision of the Building Inspector/finding of the Zoning By-Laws and M.G. Laws Chapter 40A, Section 6 in order to extend parking into the residential zoning district to serve a new restaurant use on the property located at 126 Main Street In Reading, MA- Atty. Brad Latham represented the petitioner. Atty. Latham stated the Zoning Board of Appeals previously requested a continuance on this hearing for two reasons. The first - reason was to provide further evidence that this property has historically been used for parking. Atty. Latham read an affidavit dated March 21, 2000 from Charles A. Harrow of Conway, NH. Mr. Harrow states he purchased this property from Leon Davidson in October 1941 and the rear lot of land has been used for parking from then to now. The second reason was to provide evidence that if two lots are joined into one the grandfather law of use applies. Atty. Latham cited the January 2000, Mass. Brokers case as evidence. Atty. Latham stated the grandfather rights apply to the parking and the use of the land. He also stated that this is beneficial to the neighborhood, not detrimental. This property is being leased from the Arsenault family with a long term option to purchase. Christopher Vaccaro stated he has studied the cited case and agrees with Atty. Latham on the use of the land. He also stated a special permit is needed. John Coote stated the parking area is being extended. The petitioner will need to drive over the adjoining parking lot and will need an easement. Atty. Latham stated there is an easement recorded in the lease. Mr. Coote stated there are not enough parking spaces for the proposed building. He questioned where the two additionally needed spaces could be added and why the submitted plans did not show this. Building inspector Glen Redmond stated the parking is extending more into the residential area and that both lots share the same access. On a motion by Michael Larkin, seconded by John Coote, the Zoning board of Appeals voted to close the portion of the hearing to take public testimony. Voted 3-0-0.