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HomeMy WebLinkAboutZBA 11/19/2019Town of Mansfield RECEIVED Zoning Board of Appeals IO@ SLERI(S OFFICE Meeting Minutes 1019 DEC 18 A 9 34 November 19, 2019 Present: Elisabeth Garber -Miller, Chair; Darlene Pruitt, Clerk; Matthew�CummingsSETTS Philip Shannon, Eric Correira, Aaron Gallagher, Ryan Maxwell, Christopher George (Recorder) Guests: Richard B. Michaud Esq (Bernkopf Goodman LLP), Adela Wujtasinski Esq (Bermkopf Goodman LLP), Evan Sohn, Jeanette Austin (9 Robin Hill Rd), Scott Austin (9 Robin Hill Rd), Ruth Markt (152 Pratt St), Daniel Markt (152 Pratt St), Mike Carman (19 Straw Field, Norton), Paula Stowell (265 Hope St), Michael Trowbridge (200 Chauncy St), Tom Palanza (625 N. Main St), Sabrina Flavin (158 Pratt St), Edward Valanzola Esq (15 West St), Elizabeth Ryan (1339 West St), Ashley Williamson (96 Williams St) The meeting of the Mansfield Zoning Board of Appeals was called to order by Chair Elisabeth Garber -Miller at 7:30pm. Kaman Realtv Grouv. Inc for a Variance from Zoning-Bv-Law Section 230-4.2A. Front Yard Setback for a 5' front yard setback on Pratt Street and a 15' front yard setback on Hope Street where 30 feet is required; and for a Finding from Zoning By -Law Section 230-3.10(B)(2)(s) for the reconstruction and expansion ofapre-existing, non -conforming auto service station at 157 Pratt Street (Assessor's Map 25, Parcel 24) in the Residential 2 (R2) zone. The following documents were introduced at the public hearing: • Application for Finding/Variance, filed with the Town Clerk on October 7, 2019; • Copy of the public hearing notice, published in the Mansfield Journal -News Independent on November 1, 2019 and November 8, 2019; • Zoning Plan 157 Pratt Street" dated October 4, 2019 and revised November 15, 2019 and November 20, 2019, prepared by Hutchins -Trowbridge Associates, Inc. Ms. Garber -Miller queries for representatives. Mr. Trowbridge introduces himself and says he represents Carman Fuels. He introduces Mike Carman. He verifies that the Board has heard of the tragedy of the previous building of Carman Fuels and the loss of life therein. He says they're here for two items. He says they're looking to add an additional bay and expand the canopy. He says both of those items are comparable to other buildings in Town with the same use. Minor Modification Request to Special Permit Decision of Dr. Stanley Sohn and Evan Sohn at 601, 619, and 621 East Street, Mansfield, MA. The following documents were introduced after the public hearing: Two (2) Plan Sheets: "Landscaping Plan 601, 619&621 East Street," dated January 8, 2017 and revised by hand [undated] to show the following: Approximate Location of the Existing Wooden Fence (outlined in black); Approximate Location of the Chain Link Fence (outlined in red); AcoustiFence (outlined in yellow); and Enlarged Detail of January 8, 2017 plan, revised by hand to show the locations of the six-foot chain link fence and eight -foot wood fence [submitted to Zoning Board of Appeal office December 11, 2019]; Mr. Michaud introduces himself. He says it's a simple issue where they just want to move the acoustic fence. He says they're waiting for signatures from the other side. He says if this is approved than all legalities between the two neighbors will be dismissed. He says this has all been agreed upon but they need to change the location which creates a non -conforming situation. Ms. Garber -Miller says the only issue is they don't have an actual plan of the location of the new fence. She says the only item they have is an old plan with a magic marker showing the new fencing. Mr. Michaud and Mr. Valanzola show a new plan to Ms. Garber -Miller. Ms. Garber -Miller verifies that the fence exists and that's the one they want the acoustic fence to be installed into. Ms. Garber -Miller says she wants a plan that shows exactly what was legally agreed to. Mr. Michaud says that they (Mr. Valanzola and Himself) can verbally agree to the plan as presented. Mr. Correira says he doesn't think it's a valid plan. He says they've asked previous applicants to provide a plan in the past when it's under the same conditions. Mr. Valanzola says this is an exhibit that will be attached to a lot of legal documents in regards to the settlement. He says that his client will have plenty of opportunity to verify that everything will be completed according to this plan. Mr. Correira says the fence is not going to last for perpetuity and that they should want a plan. Mr. Michaud says all maintenance are within the legal agreements. Mr. Gallagher says it would only take fifteen minutes to change the plan. Ms. Garber - Miller says they go per the plan. Mr. Michaud asks if they can make the vote conditional to receiving the plan. Mr. Michaud agrees to supply the Board the rectified plan. *Motion that the original plan be amended, as the representation of the plan presented today by the parties, provided that they provide a new plan properly surveyed that's agreeable to both the parties and the abutter, to modify the special permit that was issued to 601, 619, & 621 East Street to allow for the change, extension, or alteration of a pre-existing, non- conforming use made by Mr. Cummings, 2"d by Ms. Pruitt. VOTE 4-0 with 1 Abstention PASSED m Meeting Minutes, October 22 2019 *Motion to approve the minutes from October 22, 2019 made by Mr. Cummings, 2"d by Ms. Pruitt. VOTE 4-0-1 PASSED w *Motion to adjourn made at 8:03pm by Mr. Gallagher, 2"d by Ms. Pruitt. Vote 5-0 PASSED Date of next meeting: December 17, 2019 at 7:30 p.m. Clerk Date M