HomeMy WebLinkAbout1996-08-15 Zoning Board of Appeals Minutes{
TOWN OF READING
ZONING BOARD OF APPEALS
M ,JTES OF AUGUST 15, 1996
MEMBERS PRESENT: JOHN COOTE, 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 Brooks Pharmacy who seeks a
Special Permit under Sections 6.3.2.1 of the Zoning By-Laws in order to expand a nonconforming
building on the property located at 25 Haven Street in Reading. (CASE #96-12)
Mr. Moss Sidel, an attorney for PJC Realty and Brooks Pharmacy began by giving a history on
the property at 25 Haven Street. He stated that the property was built in 1942, has been
town-owned, servicing the community as a municipal building. They are proposing an addition
that would meet the 20' rear setback. Mr. Sidel stated that the use of the structure would not be
detrimental to the affected area, and it would be an improvement to the area. The property is not
useable as it is now for Brooks and this addition would be necessary to go further with the sale.
Mr. Coote indicated concern with the addition, suggesting that the addition be set back a few feet
further than proposed as to keep with the appearance of the existing building. Mr. Sidel stated
that Design review, through the Planning Board, has already made several changes to the plans.
Mr. George Hines, chair of the Board of Selectmen, extended his apologies from the Board of
Selectmen for adding to the confusion of this case, and for the poor communication extended to
the Board of Appeals. Mr. Hines stated that he has received favorable comments from CPDC,
who conducted an extensive site review, and feels that if Brooks purchases the property that it
will be beneficial to the community and to the commercial district.
Mr. Phil Pacino, Secretary to the Reading Municipal Light Board, stated that they are very
interested in selling the building. Mr. Bill Burditt, a member of the Light Board, supports the sale
of the property, which will incur property tax, etc.
Mr. Ted Cohen, Town Counsel, was present to help answer any legal concerns. Sally Hoyt,
member of the Board of Selectmen and longtime resident of town, spoke in support of a store site
at this property.
Testimony continued in support of an addition to the building which was not more detrimental to
the neighborhood than the existing non-conformity. The addition complies with the rear yard
setback and all other zoning requirements. The neighborhood affected is at the end of Haven
Street which is in a business district. The extension is similar in appearance to surrounding
buildings.
At 8:15PK a motion was made, seconded 'and unanimously voted to grant permission for PJC
Realty Co. Inc. to bring a petition back to the Zoning Board of Appeals after previously
withdrawing said petition, due to the Purchase and Sales Agreement that had been canceled and
has subsequently been reinstated.
A motion was made, seconded and unanimously voted to grant a Special Permit to PJC Realty
Co. Inc. under Section 6.3.3.4 of the Reading Zoning By-Laws in order to allow for the
expansion of a non-conforming building on the property located at 25 Haven Street in Reading,
Massachusetts on the conditions that:
1. The exterior of the addition be in harmony with the existing building in terms of styling and
color of brick or, if not, that minor architectural changes be employed to accomplish the transition
between the new and existing building; and,
2. PJC Realty Co. Inc. take title to the property at 25 Haven Street.
VOTE 3-0 (passed)
The next Public Hearing was on the petition of Stephen Salvo who seeks a Variance from off
street parking under Section(s) 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
#96-13)
Mr. Stephen Salvo explained to the Board that he wanted to open an Italian market/deli located at
159 Ash Street. According to zoning regulations, he stated that he was short one parking space.
His deli would require six parking spaces. The second floor upstairs will not be occupied, it will
be used for storage. His business would be a take-out business and concern was raised as to
whether this new use would require more parking spaces.
Ms. Susan Theophanis, from Carlson Real Estate, stated that since this property has been on the
market, the interest has been in the food industry, such as a tea room or a restaurant.
Mr. Phil Boisvert, owner of 161 Ash Street, stated his concerns about usage of his parking lot.
He stated that he pays taxes, maintains his property, and at peak times it is very congested in this
area. He feels that this type of business would be a detriment to the lower part of Ash Street.
Mr. Jim Watts, who has an office at 155 Ash Street, stated that there are times when he cannot
find a parking space in his own lot.
Mr. Knudson, the present owner of the property at 159 Ash Street, stated that he has never been
aware of any parking problems. He feels very strongly that it is not so that a parking problem
exists.
The Board discussed whether or not they have jurisdiction on this case. Mr. Coote stated that If
they do have jurisdiction they will hear the case and make a decision.
Therefore, at 9: IOPM, a motion was made and seconded to continue the hearing to September 19,
1996 to allow time for the Board to determine if they have jurisdiction on this case.
VOTE 3-0 (passed)
At 9:30PK the Board went into Executive Session with the following members voting yes in
agreement to do so: Christopher Vaccaro, Ardith Wieworka, Stephen Tucker and John Coote.
At 10:15PM, the Board ended the Executive Session.
At 10:16PK 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: Gak&&/Yu 2t) oJ1oAj
Date: Q -i- ~l (o
Approved: 9- / Q