HomeMy WebLinkAbout1996-09-19 Zoning Board of Appeals MinutesC
RECEIVED
'fO'NN GL IB
EEADI G, ASS.
E 23 33 f'll °57
TOWN OF READING
ZONING BOARD OF APPEALS
MINUTES OF SEPTEMBER 19, 1996
MEMBERS PRESENT: JOHN COOTS, CHAIRMAN
ARDITH WIEWORKA
STEPHEN TUCKER
CHRISTOPHER VACCARO
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.
The first Public Hearing was a continuation on the petition of Stephen Salvo who seeks a
Variance from off street parking under Section 6.1.1.3 of the Zoning By-Laws in order to occupy
the premises for a market/deli on the property located at 159 Ash Street in Reading,
Massachusetts. (Case #96-19)
The petitioner was unable to attend this hearing, however does intend to go through with
purchasing the property.
After consulting with Town Counsel, the Board did not find a reason to require a variance for
parking as suggested by the Building Inspector. To do so would mean that all owners of
non-conforming property would need to, go through the variance process upon a proposed sale
for a different use.
In determining whether a special permit is required, the Board feels that neither 6.3.2 or 6.3.3 of
the By-Laws is applicable. 6.3.3. deals exclusively with pre-existing non-conforming structures
which are to be changed, and 6.3.2. deals with pre-existing non-conforming uses which are to be
changed or where there is a change to the structure.
Mr. Coote explained that this decision is narrowly focused to where there is no increase in
non-conformity. There are situations where a change in use can increase the non-conformity of
the structure which could render a different decision.
Phil Boisvert,161 Ash Street and James Watts, 155 Ash Street, voiced their strong opposition to
a change in use and explained to the Board their concerns about parking.
A motion was made, seconded and unanimously voted to overturn the decision of the Building
Inspector requiring a variance for off-street parking from Section 6.1.1.3 of the Reading Zoning
By-Laws in order for the petitioner to use the premises for a market/deli.
VOTE 3-0 (passed)
A motion was made, seconded and unanimously voted that the Board determines that change in
use to a market/deli does not require issuance of a special permit or a finding under Mass. General
Laws, Chapter 40A, Section 6, and that the Board instructs the Building Inspector to issue an
occupancy permit.
VOTE 3-0 (passed)
The next Public Hearing was on the petition of John L. Moynihan who seeks a Variance and/or a
Special Permit under Section(s) 5.1.2./6.3.1.3 of the Zoning By-Laws in order to modify an
existing lot and to create an additional lot on the property located at 21 Bear Hill Road in
Reading, Massachusetts. (Case #96-16)
Attorney Robert Wieman, Carter & Coleman, represented Mr. Moynihan. Attorney Wieman
began by presenting some background information to the Board about this property. He stated
that this property is a single family dwelling on a nonconforming undeveloped lot. He stated that
the property was held in common ownership from 1973 to 1987 and presented a copy of the deed.
Attorney Wieman made reference to the 1969 Zoning By-Laws, which he did not have with him.
There was, at this time, some additional information that Attorney Wieman wanted to locate.
Several abutter attended the hearing voicing both opposition and support of creating an additional
lot. Mr. Ron McCarron, 9 North Street, opposed any development, feels that it would lose open
space. Ms. Karen Stuart, 30 Bear Hill Road, does not have a problem with an additional lot, and
Mr. Eddie Allen, 17 Bear Hill Road, who is a direct abutter of the Bear Hill development and
feels that this neighborhood has had its share of development with Summit Village. Mr. Christian
Younker, 22 Bear Hill Road, who lives across the street from the petitioner favors the proposal of
two homes. Mr. David Boghosian, 10 North Street, already feels squeezed in.
At 9: IOPM, a motion was made and seconded to continue the hearing to October 17, 1996.
VOTE 3-0 (passed)
The next Public Hearing was on the petition of Andrew C. Bramhall who seeks a Variance or
such other relief under Sections 5.1.2. of the Zoning By-Laws in order to modify property lines
with nonconforming structures thereon, on the property located at 11 John Street Court and 2
Lakeview Avenue in Reading, Massachusetts. (Case #96-17)
Mr. Coote read a letter from Andrew C. Bramhall's attorney, Bradley Latham, requesting a
continuance to October 3, 1996.
At 9:45PM, a motion was made and seconded to continue the hearing to October 3, 1996.
VOTE 3-0 (passed)
At 9:55PM, 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:
TY& JA-~
Date: 9
Approved: Cad ,duo/