HomeMy WebLinkAbout1997-09-04 Zoning Board of Appeals MinutesTOWN OF READING
ZONING BOARD OF APPEALS
MINUTES OF SEPTEMBER 4, 1997
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MEMBERS PRESENT: STEPHEN TUCKER
JOHN COOTE
LAURA GREGORY
CHRISTOPHER VACCARO (arrived at 7:50PM)
A meeting of the Zoning Board of Appeals was held in the Selectmen's
Meeting Room of the Town Hall, 16 Lowell Street, Reding, Massachusetts
at 7:OOPM. Mr. Tucker swore in, under oath, those present that would be
addressing the Board this evening.
The first Public Hearing was a continuation of the petition of Bell Atlantic.
Nynex Mobile who seeks a Special Permit under Section(s) 4.2.1. / 4.2.2. /
4.3.5. / 7.4.2.3. of the Zoning By-Laws in order to install and operate a
commercial communication structure for wireless communications in the
Industrial Zoning District on the property located at 55 Walkers Brook Drive
in Reading, Massachusetts. (Case #97-09)
This case was continued from July 17, 1997 when the Board granted a
continuation to allow for the petitioner to submit an updated building
application and to submit full structural plans to the Building Inspector with
the revised application. _
The Board discussed the possibility of going to CPDC but determined that it
would not be necessary. The Board did discuss the need for a variance for
height.
Again, the Board requested that the applicant submit an updated building
application and submit their amended plan to the Building Inspector.
At 7:50PM, a motion was made, seconded and unanimously voted to
continue the Public Hearing to October 30, 1997.
VOTE 3-0 (passed)
The next Public Hearing was on the petition of Atlantic Realty Trust who
seeks a Variance, Special Permit and/or an Appeal from the Decision of the
Building Inspector under Section(s) 4.0. / 4.2. / 4.2.1. / 4.2.2. / 7.4.2.1. of the
Zoning By-Laws in order to locate a financial institution within an existing
retail use (supermarket) on the property located at 30-32 Haven Street in
Reading, Massachusetts. (Case #97-15)
The petitioner was represented by Attorney Brad Latham and Mr. Arnold
Rubin. Also present were representatives from Eastern Bank.
Attorney Latham explained that the addition of Eastern Bank in Atlantic
Supermarket would be a full service bank and felt that this was a crucial
addition, as other supermarkets now offer this convenience to their
customers. The Building Inspector considered this an accessory use and
denied the building application, However Attorney Latham stated that in his
opinion, this would be a principal use, and two principal uses are allowed on
one property.
Mr. Tucker stated, for the record, that he is employed by a bank, however
not Eastern Bank.
Mrs. Blunt, 22 Linden Street, requested banking hours and parking
information. Representatives from Eastern Bank addressed issues relating to
the bank. Mr. Rubin helped to clarify entrances and exits on plans
submitted, dated June 24, 1997. The plans showed that the bank premises
would be accessed solely through the premises to be occupied by Atlantic
Supermarket, and would have no direct access to the exterior of the building
or to the vestibule at the proposed new entrance to the building.
After discussion, the Board noted that the lack of independent access to the
bank premises supported the Building Inspector's concern that the proposed
use, if constructed as shown in the plans, would be an accessory use, which
is not permitted under the Zoning By-Law.
At 9:15PM, a motion was made, seconded and unanimously voted to uphold
the decision of the Building Inspector, that the proposed use of a portion of
the property as a financial institution was an accessory use not permitted by
the Zoning by-law, because if the bank premises were constructed in
° accordance with the plans, then no direct egress would be available from the
bank premises to the exterior of the building, and not direct access to the
banktellers would be available for bank customers from the vestibule at the
entrance of the building, so that it would be necessary for bank customers to
enter the Atlantic Supermarket in order to access the tellers' windows. The
Board noted that if these issues were addressed in a satisfactory manner, the
Board would consider the use of the premises to constitute a principal use
under the Zoning By-Law.
VOTE 3-0 (passed)
A motion was made, seconded and unanimously voted to allow the
petitioner to withdraw its petitions for a Special Permit and Variance,
without prejudice.
VOTE 3-0 (passed)
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The next Public Hearing was on the petition of Ralph and MaryEllen
Stolecki who seeks a Variance and/or Special Permit under Section(s) 5.1.2.
/ 6.3.2.1. of the Zoning By-Laws in order to construct an addition on a
nonconforming structure on the property located at 33 Lewis Street in
Reading, Massachusetts. (Case 997-16)
Mrs. Stolecki stated that the house was built in 1948 and she purchased the
property in 1991. In 1976, a building permit was issued to construct a three-
season porch and deck. Her intent now is to enlarge the kitchen, change
three-season porch to four-season porch and build over the existing garage.
The Board advised the petitioner that both a Variance and Special Permit
would be needed.
Judy Oliver, 29 Lewis Street and Lynne Cerretani, 24 Wentworth Road were
in support of the petitioner's request. The petitioner stated that the proposal
would improve the neighborhood.
The Board explained the Variance requirements and discussed continuing
the case to allow extra time for the petitioner to prepare.
At 10:55PM, a motion was made, seconded and unanimously voted to
continue the Public Heating to October 30, 1997.
VOTE 3-0 (passed)
At I LOOPM, a motion was made and seconded to adjourn, and the Board
voted unanimously to do so.
VOTE 3-0 (passed)
Respectfully submitted by Carolyn Walsh, Recording Secretary to the
Zoning Board of Appeals..
Signed: Ca'U
Date:
Approved: