HomeMy WebLinkAbout1995-05-18 Zoning Board of Appeals Minutes-fio.,
~ tt f~ ~
RE ip. ,
TOWN OF READING
ZONING BOARD OF APPEALS
MINUTES-MAY 18, 1995
MEMBERS PRESENT: ARDITH WIEWORKA
JOHN COOTIE
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, MA AT 7:00 P.M.
THE SCHEDULED PUBLIC HEARING WAS ON THE PETITION OF
JOHN W. CANN WHO WAS SEEKING A VARIANCE AND/OR SPECIAL
PERMIT UNDER SECTIONS 4.2, 5.0, 5.1, 6.1, 6.2, 6.3.2 OF THE
ZONING BY-LAWS IN ORDER TO REBUILD A NON-CONFORMING
COMMERCIAL BUILDING DESTROYED BY FIRE ON THE PROPERTY
LOCATED AT 34 SALEM STREET, READING, MA.
MR. BRAD LATHAM, REPRESENTING THE
HISTORY OF THE SITE, STATING THAT
FOR AUTOMOTIVE PURPOSES. HE ALSO
15,960 SQUARE FEET OF LAND AND IS
BUSINESS A ZONING DISTRICT AND PA
40 ZONING DISTRICT.
APPLICANT, DISCUSSED THE
THE SITE HAD BEEN USED
STATED THAT THE SITE HAD
LOCATED PARTIALLY IN THE
RTIALLY IN THE APARTMENT-
MR. LATHAM THEN STATED THAT MANY DECADES AGO THE LAND WAS
LEVELED AND, THEREFORE, THERE IS A SIXTEEN FOOT RETAINING
WALL ALONG THE NORTHERLY AND WESTERLY LOT LINES. HE ALSO
DISCUSSED THAT LAST YEAR A MAJOR PORTION OF THE BUILDING
WAS DAMAGED BY FIRE.
MR. BILL JENNINGS THEN DISCUSSED WHAT THE APPLICANT
PROPOSED TO. DO WITH THE PROPERTY. HE STATED THAT MR. CANN
WOULD TAKE DOWN THE OTHER PORTION OF THE BUILDING AND
CONSTRUCT A 2 STORY BUILDING WHICH WOULD BE 63 X 36. IT
WOULD HAVE 5400 SQUARE FEET ON EACH FLOOR. THE FIRST FLOOR
WOULD BE USED FOR RETAIL AND THE UPPER FLOOR FOR OFFICES.
HE ALSO DISPLAYED A COLOR DRAWING OF THE PROPOSED BUILDING,
DISCUSSING THAT THE PARKING WOULD BE IN FRONT OF THE
BUILDING WITH LANDSCAPING.
MR. LATHAM THEN DISCUSSED THAT THE BUILDING WOULD BE 36
FEET FARTHER BACK FROM SALEM STREET AND WOULD HAVE A
SMALLER FOOTPRINT. HE ALSO DISPLAYED AN OVERHEAD VIEW OF
THE SITE SHOWING THE BUILDING AND THE LANDSCAPING.
HE THEN STATED THAT THEY WOULD BE LOOKING FOR A SPECIAL
PERMIT. HE ALSO DISCUSSED A LETTER FROM THE CPDC INDICATING
HAT THEY FOUND THIS PLAN TO BE ACCEPTABLE. HE ALSO STATED
THAT THEY HAD GONE BEFORE THE BOARD OF HEALTH WHO FOUND THE
yA,N 7, CCEPT' BLE.
MR. LATHAM THEN DISCUSSED THAT THIS NEW PLAN WOULD
ELIMINATE THE USE OF HAZARDOUS MATERIALS AND ALSO THE NOISE
THAT WOULD COME FROM AN AUTO-REPAIR SITE. HE THEN
DISCUSSED THE HEIGHT OF THE BUILDING STATING THAT THE TOTAL
HEIGHT OF THE BUILDING WOULD BE 28 FEET, WHICH WOULD ONLY
BE 12 HIGHER THAN THE CURRENT BUILDING. HE ALSO SUBMITTED
AHGTOS OF THE BUILDINGS TO THE RIGHT AND LEFT OF THE Lt?T.
HE THEN DISCUSSEI THE PARKING WHICH CURRENTLY HAS 13
SPACES. BY MOVING THE BUILDING BACK THERE WOULD NOW BE 23
SPACES, 2 OF WHICH WOULD BE HANDICAP PARKING. HE ALSO
DISCUSSER' TRAFFIC AND SAFE`L'Y AND SUBMI'T'TED JETTERS FROM
ABUTTERS WITH OVERWHELMING SUPPORT.
IN CONCLUSION , MR. LATHAM, ASKED FOR A SPECIAL PERMIT TO
REBUILD THE STRUCTURE, PARKING, AND ALLOW THE USE TO GO
FROM AUTO USE TO OFFICE AND RETAIL USE.
MR. COOTE STATED THAT HE FELT THAT THE SITE WOULD ALSO
EQ,'IRE A VARIANCE AS THEY WOULD NOT BE CONFORMING TO
Z0, ING. MS. WIEWORKA STATED THAT SHE HAD SPOKEN TO TOWN
COUNSEL ABOUT THE ISSUE OF A USE VARLANCE.HE STATED THAT HE
WOULD REVIEW IT AND ISSUE AN OPINION.
THE BOARD DISCUSSED THE USAGE ISSUE WITH MS. WIEWORKA
STATING THAT SHE WOULD LIKE MORE DIRECTION FROM TOWN
';CUNSEL. IT WAS ALSO DISCUSSED THAT THE BUILDING INSPECTOR
vUT D MAKE A DETERMINATION ON THE U,SACIEF
tit-:STATED THAT HE STsLL i E1 TH'T
BE REQUIRED FOR THE PARKING AND ALSO THE
Sy 7 EA~„S . -MR. LATHAM STATED THAT HE W!r S
DISCUSS THE REQUIREMENTS FOR A VARIAN TO HEAP: TOWN COUNSEL'S OPINION BEFORE DO
A VARIANCE WOULD
DIMENSIONAL
PREPARED TO
BUT WOULD PREFER
INC SO.
IT WAS D I S CUSSED THAT THE HEARING QH,:u-D BE CONTINUED ITS
ORDER' TO GET TOWN COUNSEL'S OPINION OF THE ISSUE.
T M 0 : MR . COOTE MOVED TO CONTINUE THE SUBJECT MATTER OF
THIS HEARING UNTIL JUNE 8, 1395 TO ENABLE COUNSEL FOR THE
'ET?TIOIV'EE TO REVIEW WITH TOWN COUNSEL THE EXTENT TO WHICH
VARIANCES ARE REQUIRED ON THIS PROPERTY. MR. VACCARO
SECONDED AND THE MOTION PASSED WITH A VOTE OF 3-0.
'c*:;r-~~•Y,:C~kk~~~~~~k*~rk~~*~~C~:k~*:k~~;~:k.e::-x~;-~~~;k;~~~c~c~C:~t~*~~>:~c:z
MR. COOTE THEN MOVED TO APPROVE THE MINUTES OF MARCH 2,
y MS. WIEWORKA SECONDED AND THE MOTION PASSED WITH A
z_ '3 L'OTE 07 -0-~ WITH MR. VA':CARO ABSTAIi ING,
r~TS MADE _.'Y_. ,EG~itd;>v~ r7y~0URN, AND THE
- 77% --N NTMOUSLY TO 0 S
vC .:u v.tirl 1 .