HomeMy WebLinkAbout1997-02-06 Zoning Board of Appeals MinutesTOWN 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".
Attorney Latham explained that granting this variance would not create a substantial detriment to
the public good and will not nullify or substantially derogate from the intent or purpose of the
Reading Zoning By-Laws. The encroachment into the rear yard set back is minimal, especially in
comparison to the size of the entire building.
Allen Bissett, Johnsons Hardware, inquired about a lightpole that should be relocated. Attorney
Latham stated that it would be moved. Larry Hodson, Hodson Oil, stated that customers of
Atlantic presently park in front of his building. He stated that area is congested. The proposed
Atlantic plans should help alleviate present congestion problems.
Peter Simms, CoChairperson of the Downtown Steering Committee, read a letter from the
Committee in support of Atlantic's expansion. Mike Lehane and Joe Kelliher, Chamber of
Commerce, read a letter from the Chamber also in support of the expansion.
Before the vote, Ms. Wieworka stated for the record that she does shop at Atlantic. Since this
Board is made up of Reading residents, it was discussed that Board members do shop at several
local businesses.
At 8:OOPM, a motion was made, seconded and unanimously voted to grant a variance from
Sections 5.1.2. and 5.2. of the Reading Zoning By-Laws to allow an extension into the rear yard
set back for the property located at 30-32 Haven Street as shown in the plans provided to the
Board, dated October 18, 1996, revised November 14, 1996, by Plan B Architecture.
VOTE 3-0 (passed)
The next Public Hearing was a continuation on the petition of Brian Costello who seeks a
variance from Section 5.1.2. of the Zoning By-Laws in order to create a buildable lot on the
property located at 905 Main Street, Reading, Massachusetts.
(Case #97-01)
Attorney John A. Aliperta represented the petitioner and explained to the Board that Mr. & Mrs.
Roy Costello wish to gift approximately 17,500 square feet of land to their son, in order for him
to build his own house and remain in his hometown of Reading. The new lot would abut
Lawrence Road, to the rear of 905 Main Street.
Attorney Aliperta addressed each of the criteria needed for a variance to be granted, beginning
with the unusual shape of the property, substantial hardship of paying taxes on land not being
used, improvement would be an asset to the public good and somewhat less street footage than
usually required would only be a minor deviation from the town by-laws. Attorney Aliperta also
stated that he spoke to the Conservation Administrator and the Town Planner.
Mr. Coote asked Attorney Aliperta to explain the difference, with regard to "uniqueness" from
this lot (#1) and the next two lots heading south (#2 and #3). Attorney Aliperta stated that this
lot is unusual because access could be at Lawrence Road.
Tim Pressey, 32 Hampshire Road, is opposed to building a house on this lot. Diane Costello,
owner, stated that numerous beer bottles are found at the back of this lot and it is used in the
summer for a hangout. Roy Costello, owner, stated that there are presently drainage problems.
They hope that by utilizing the lot, these issues would be resolved.
The Board explained that Section 2.2.13 of the Zoning By-Law states that the end of a street
without a cul-de-sac shall not be considered frontage. Because no cul-de-sac is proposed at
Lawrence Road, the Board concluded that there is no frontage established on this road.
The proposed location of the house is an area of vegetative wetlands, and the petitioner has not
received any approval from the Conservation Commission in order to build in this area.
Attorney Aliperta requested that the request for a Variance from Section 5.1.2. of the Zoning
By-Laws be withdrawn without prejudice.
At 9:OOPM, a motion was made, seconded and unanimously voted to allow withdrawal without
prejudice.
VOTE 3-0 (passed)
At 9:05PM, 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:
Date: J_ 3 R
Approved: 3 _ ~ _ 77