HomeMy WebLinkAbout2000-05-18 Zoning Board of Appeals MinutesIR 'OV'N OF READING
OJ&G BOARD OF APPEALS
MINUTES OF MAY 18, 2000
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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.
Zoning Board of Appeals Minutes of 5/18/00 page 2
Christopher Vaccaro read into the record a letter from retired Reading Police Chief John
F. Bowdoin addressed to Mr. Arsenault. Mr. Bowdoin states he was born in Reading, MA
in 1921. As a patrolman he checked the parking on this lot.
On a motion by John Coote, seconded by Michael Larkin, the Zoning Board of Appeals
voted to move that this board overturn the decision of the building inspector as stated in
his letter of February 2, 2000.
The motion was not approved by a Vote of 0-3-0.
On a motion by John Coote, seconded by Michael Larkin, the Zoning Board of Appeals
voted to grant Wendy's Old Fashion Hamburgers of New York, Inc. for the property at
126 Main Street, Reading, MA, a Special Permit under Section 6.3.2.1 of the Zoning by-
laws and M.G. Laws Chapter 40A, Section 6 under the following conditions to allow the
alteration of an existing parking lot. Such alteration shall not extend beyond the pavement
area shown on plan sheet 1C by M. H. Designs Inc, provision 3, dated January 18, 2000,
under the following:
1. There is no access to the lot from Hopkins Street.
2. In agreement to the satisfaction of Town Counsel, subject to cross easements
for access, parking and loading.
3. There is no relief to the adequate amount of parking spaces required by the
Zoning by-laws.
4. There will be no increase in the paved area as shown on the submitted plan.
The motion was approved by a vote of 3-0-0.
Case#00-12
A Public Hearing on the petition of Reading Housing Authority who seeks a
Comprehensive Permit under Section M.G.L. Chapter 40B of the Zoning By-laws in
order to allow property to continue as a six family dwelling on the property located at 82
Linden Street in Reading, MA.
Christopher Vaccaro swore in the applicants. Rev. Sweet, Chairman of the Reading
Housing Authority stated the purpose of the RHA is to provide low income housing for
the community. He also stated that state aid is sometimes questionable because the
town's level of low income housing is at 4.6%, not the state's requested 10%. Atty. John
Greco stated the RHA would continue the use of the six family dwelling. There are
currently 4 - 2 bedroom units and 2 studio units. There are no major renovations needed.
The dwelling will need some lead paint removed. This is a 1,800 sq. ft. property. They
currently have nine parking spaces. The neighbors objected to the cars currently
overhanging on the sidewalk. They could remove 3 of the 5 front parking spaces and
fence in the area. They would replace 1 of the spaces on the other side of the dwelling
leaving a total of 7 parking spaces.
Atty. Greco submitted:
1. A regional housing need survey showing the current waiting list.
2. A letter from the RHA showing they have the funding.
3. A purchase and sale agreement for $350,000.
Zoning Board of Appeals Minutes of 5/18/00 page 3
Don Allen referred to the submitted financial analysis. The RHA is applying for 110% of
the state's Section 8 funding. They are short $213,000 and have mortgaged other
properties to make up the shortage. They would financially be losing money for the next
15 to 20 years. Their goal is to serve the needs of the community.
Many of the abutters attended the meeting. They objected to the density of the project and
the RHA's ability to fund it.
Dave Talbot, 75 Linden Street, questioned the site plan He stated that the dimensions of
the rooms are tiny, most are 10' x 10', and the studio is 280 sq. ft. He also stated there are
design problems with the house and that the house was converted to a six family illegally.
Mr. Talbot stated the neighborhood is concerned with the density of the project. This is a
single family zone.
Jack MacDonald, 60 Lowell Street, is opposed to the 6 units. It has never been used as 6
units and it would change the neighborhood. There is not enough parking.
Mary McEchern, 9 Kingston Street, thought the property was a 2 family not a 6 family.
She believes the dwelling is 4,649 sq. ft.
On a motion by John Coote, seconded by Michael Larkin, the Zoning board of Appeals
- voted to close the part of the public hearing for the taking of public testimony.
Voted 3-0-0.
Christopher Vaccaro stated this a financially losing proposition for the RHA. They would
not break even for 15 years. John Coote stated the RHA is not creating new units. The
spirit of the comprehensive permit is for additional housing, not to replace existing
tenants. Michael Larkin was concerned with the safety issue. They would need 10
parking spaces for the 6 units. He also stated this project is not affordable for the RHA.
Bernard O'Shaughnessy stated the project is not financially feasible. He stated the
Housing Appeal Committee would review the density, safety, parking, drainage, and
structural soundness of the project.
On a motion by John Coote, seconded by Michael Larkin, the Zoning board of Appeals
voted to grant to the Reading Housing Authority, for the property at 82 Linden Street, a
Comprehensive Permit under M.G.L. Chapter 40B, for the purpose of creating 6 housing
units subject to the following conditions:
1. The parking should be redesigned so that cars do not overhang on the
sidewalk or need to park on the sidewalk.
2. There are no changes to the architecture except for maintenance.
3. All the units in the building shall comply with current and future state
guidelines.
The motion was not approved by a vote of 0-3-0.
Zoning Board of Appeals Minutes of 5/18/00 page 4
The Zoning Board of Appeals unanimously voted to adjourn their meeting at 11:20 PM.
Respectfully submitted,
t
Joy Mohr
Recording Secretary