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HomeMy WebLinkAbout1995-08-10 Zoning Board of Appeals MinutesF CD 'Vi" r, Ci ram h I n Mpg $ j;. . R i TOWN OF READING ZONING BOARD OF APPEALS MINUTES - AUGUST 10,1995 MEMBERS PRESENT: JOHN COOTS, CHAIRMAN ARDITH WIEWORKA CHRISTOPHER VACCARO JOHN JAREMA A meeting of the Zoning Board of Appeals was held in the Selectmen's Meeting Room of the Town Hall, 16 Lowell Street, Reading, MA at 7:00PM. The Public Hearing was a continuance from July 13, 1995, Case #95-9, on the petition of McDonald's who seeks a variance under Section(s) 6.2.3. of the Zoning Bylaws in order to erect a free standing sign on the property located at 413 Main Street in Reading, Massachusetts. Mr. Coote stated that the hearing had been continued in order to give the applicant more time to prepare the reasons why they thought the board should give them a variance on the sign consistent with the requirements of Massachusetts General Laws and also because the board had some questions for Town Counsel on some of the wording in the Sign Bylaws. Mr. Peter Napoli, represented McDonald's in Mr. Bob McDougall's absence. He began by distributing handouts to the board, explaining the reasons for his request for a variance to erect a new free standing sign and gave some background information. Mr. Napoli stated that the variance is needed to allow him to meet one of the conditions issued to him on Novermber 10, 1994 by the Community Planning and Development Commission for Site Plan Review. Item #7 states that the applicant shall remove the existing free standing identification sign and replace it with a carved wooden free standing sign. Mr. Napoli went on to say that McDonald's is prepared to spend $80-$100,000 for Site Plan improvements. This property has a unique shape, with gentle slopes, has a take-out lane, and is located in a Business B Zoning District. He stated that the existing conditions of this property are unique to the extent that the building is a conforming use as is the soft play. He felt that the granting of a variance would not affect generally the Zoning District in which this property is located because of the existing zoning fines and established uses in this District. t6L., With regard to hardship, Mr. Napoli stated that McDonald's, at all times, has complied with the ByLaws of the Town of Reading. McDonald's has spent considerable dollars to improve the property after it received building permits. Problems that followed was what McDonald's believed to be not of their own making. Several meetings were held, all for the purpose of improving their property. The issue of the location of the sign was considered by CPDC, the Selectmen and McDonald's engineers and for safety reasons, as well as good site planning, it was agreed that the present sign should be removed and relocated. The decision of CPDC regulates the size, height and nature of the sign, as Mr. Napoli showed on a plan presented to the board. Bryan Irwin, Chair for CPDC, was present at the meeting and stated that CPDC was not happy with the playground structure and tried to negotiate with McDonald's to put up a new sign as part of a solution. The Zoning Board clearly understood that this had been an unfortunate situation with great confusion surrounding the new playground. iVir. Coote asked Mr. Napoli if the variance is denied, what hardship would this create for him. Mr. Napoli was first concerned about what CPDC would say and felt that financially this would cost more money on legal counsel. Mr. Napoli felt he had done whatever was asked and felt that the sign would look better in town. A discussion continued about whether the sign could be considered an alteration to the existing sign. It could not because it would be a new sign at a different location. If the new sign is not approved, the existing sign could stay until July 1, 2010. A discussion was also held about the Main/Ash Street intersection being a traffic safety issue and more conversation about "uniqueness" and "hardship" continued. Mr. Coote was concerned that using traffic safety as a hardship might set an awful precedent. He felt CPDC would simply strike Item 7 from their list. At 8:40PM, Ms. Wieworka moved that the Zoning Board of Appeals grant a variance to McDonald's, under Section(s) 6.2.3. of the Zoning ByLaws, to erect a free standing sign on the property located at 413 Main Street, Reading, Massachusetts consistent with dimensions on Site Plan Review. Mr. Vaccaro seconded and the motion was voted 2-1 in favor. Since a unanimous decision is required, the variance was not granted. Mr. Coote stated that the board has two weeks to file this decision with the Town Clerk after which the applicant has the right to appeal this decision if desired. At 3:53PM, a motion was made and seconded to adjourn, and the board voted unanimously to do so.