HomeMy WebLinkAbout2009-08-20 Zoning Board of Appeals Minutes-1 1
Town of Reading
ZONING BOARD OF APPEALS
Minutes of August 20, 2009
Members Present: Clark Petschek, Chairman
Robert Redfern
John Miles
Jeffrey Perkins
Damase Caouette
John Jarema
Members Absent: Peter Tedesco
CLARK
2604 OCT 13 A 11, 20
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 P.M.
Case # 09-14
A Public Hearing on the petition of Two Walkers Brook Crossing LLC who seek a Variance
under Sections 6.2.2/4.9.5.6.3.G/Table 6/2/3 of the Zoning By-laws in order to install a real
estate wall sign greater than 16 square feet on the property located at 40 Walkers Brook Drive
in Reading, MA.
Attorney Brad Latham and Mark Dickenson were present. Attorney Latham reviewed the history
of the shopping center at Walkers Brook Drive. He listed the criteria they thought necessary in
order to be granted a Variance for this larger sign that has already been installed.
According to Attorney Latham, the lot prevents signage from being visible from the street and
therefore a larger sign is necessary. The former dumpsite has caused this distance from the public
street. Because of the distance the proportion is right. This real estate sign is not visible from any
homes in the area. The economy is also a problem and therefore they are also requesting a longer
time period for the sign to remain.
The Building Inspector submitted a letter stating that he is not in favor of this Variance being
granted.
Attorney Latham thought the CPDC would consider this a minor modification for what has been
previously granted by their Board. He said if the Board granted this Variance and then wanted
them to go before CPDC they would do so.
Mr. Redfern thought they should go first to the CPDC for their approval and he also did not think
this sign would be their only recourse in which to advertise. Mr. Perkins said this is a temporary
sign and might not be under the CPDC jurisdiction.
Mr. Dickenson said this particular market consists of potential customers driving around looking
for rental space and therefore this sign is necessary.
ZBA Meeting, August 20, 2009
Mr. Redfern thought the lot location does prohibit the viewing of signage on this building. And
he did also observe a rental sign on the 128 Marketplace sign.
Mr. Petschek said if a larger sign that was allowed and then also displayed longer than what is
allowed, this would be counter to what the Town is trying to accomplish.
Attorney Latham said an allowed by-right 16 square foot sign would not be visible from the
street. And he thought with the economy being the way it is now, it takes much longer to find
tenants than previously.
Mr. Miles asked when the sign in question first went up. Mr. Dickenson said the sign was
installed in March and they did not think to seek Town approval first. Mr. Miles thought granting
this Variance would set a precedent. Mr. Petschek also thought granting this Variance would set
a precedent.
Attorney Latham said when the by-laws were drafted there were no shopping centers in Reading.
Mr. Perkins questioned if the CPDC would be involved since this is a temporary sign.
Mr. Petschek said he thought they would have to go to CPDC anyway because this sign is in a
PUD. He thought the 90-day duration for the sign was appropriate as opposed to open ended.
He agreed with Attorney Latham that this fell under Section Table 6.2.3.21 with a 90-day
duration.
On a motion by Jeffrey Perkins, seconded by Robert Redfern, the Zoning Board of Appeals
moved to grant the Applicant a Variance under section 6.2.3.21 of the Zoning By-laws in order to
maintain a temporary real estate banner sign of no more than 100 square feet in area as depicted
in Exhibit B, on the property located at 40 Walkers Brook Road, as depicted in Exhibit A, until
the earlier of (i) November 17, 2009 (a 90-day period commencing on August 20, 2009) or (ii)
the occupation of the property by a tenant.
The motion was approved by a vote of 5-0-0 (Miles, Redfern, Petschek, Perkins, Caouette).
Adjournment:
On a motion by Damase Caouette, seconded by John Miles, the Zoning Board of Appeals moved
to adjourn the meeting.
The motion was approved by a vote of 6-0-0 (Miles, Redfern, Petschek, Jarema, Perkins,
Caouette).
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ZBA Meeting, August A,0, 2009 2