1997-02-06 Zoning Board of Appeals Minutes

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TOWN OF READING ZONING BOARD OF APPEALS MINUTES OF FEBRUARY 6, 1997 MEMBERS PRESENT: JOHN COOTS, CHAIRMAN ARDITH WIEWORKA STEPHEN TUCKER LAURA GREGORY 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:OOPM. Mr. Coote swore in, under oath, those present that would be addressing the Board this evening. A motion was made and seconded to grant a Special Permit under Section 6.3.1.3. of the Reading Zoning By-Laws for construction of a single family dwelling on said combined lot 198 Harvest Road, in accordance with the terms and conditions of paragraph 2 of the December 6, 1994 Agreement for Judgment entered into between Dorothy M. Jones, Thomas M. O'Brien, Julie O'Brien Lyle, Tracy Lynn O'Brien and Ardith Wieworka, John Jarema, Stephen Tucker in Middlesex Superior Court Civil Action No. 93-01944. (see specific terms and conditions in decision) (Case #93-2) VOTE 3-0 (passed) The first Public Hearing was a continuation of the Public Hearing on the petition of Atlantic Realty Trust who seeks a Variance under Section(s) 5.1.2. and 5.2. of the Zoning By-Laws in order to construct/extend a structure into the required rear yard on the property located at 30-32 Haven Street in Reading, Massachusetts. (Case #96-23) The petitioner was represented by Attorney O. Bradley Latham, Latham & Latham P.C. Attorney Latham explained to the Board that Atlantic would like to expand the grocery store when Brooks Pharmacy moves out. The Rubin family has operated a food store on Haven Street for about 75 years. In 1974, the Board of Appeals granted variances to allow the expansion of the then building into the rear year area. Due to significant competition, Atlantic now needs to expand to keep up with the "super" grocery stores in the area. In support of its petition for a variance, Attorney Latham presented the following information. Atlantic is the compilation of what were originally separate structures, which have been combined over the years. The shape of the rear lot line and the placement of the building on the lot are unique characteristics relating to this property. A substantial hardship would occur if variance was not granted because a second loading dock is needed to alleviate the current problem of congestion and delays due to the delivery and storage of produce and groceries. Not allowing this would also necessitate the ceiling heights to be as low as 64".