HomeMy WebLinkAboutmin of zba 01/16/01
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ZONING BOARD OF APPEALS
RECEPJEO
TOWH GL~R\\,S OFF ICE
0\ JAN 25 M1 9: 22
j'lANSr"IELO
MASSACHUSETTS
MINUTES
JANUARY 16, 2001
The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA,
at 7:30 P.M. Present at the hearing were the following members: Richard Devine,
Chairman; Eric Butler; Olivier Kozlowski; Jack Vuhaggio; and Scott Austin.
Mr. Vultaggio was appointed Acting Clerk for this meeting.
Mr. Devine asked that "Reorganization" be placed on the agenda for the next meeting.
The hearing on the application of Mansfield Spring Brook Cemetery Corp. for a Variance
from Sections 4.2.1 and 1.5.17a of the Zoning By-Law to allow for a lot, which contains
an existing house, with less than the required lot width/depth, said lot located at 88
School Street in the R-2 began at 7:30 P.M.
The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as
Exhibit "B"; and a Plan of Land School Street for Mansfield Spring Brook Cemetery
r Corp. dated November 11, 2000 and prepared by Hutchins-Trowbridge Associates, Inc.,
Mansfield, MA, was labeled as Exhibit ''C''. Mr. Vultaggio read a letter from the
Phmning Board into the record. "With seven (7) members present, the Board voted
unanimously to send a positive recommendation on this application. Due to the unique
shape of the lot, as determined by the shape of the adjacent lot containing the cemetery
and its outbuildings, the Planning Board feels a variance may be granted."
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Mr. Devine asked the applicant to present his case.
Karen Bregnard, Clerk for the Mansfield Spring Brook Cemetery Corp., introduced
herself and explained that this is a pre-existing dwelling and is over 100 years old. The
house was buih in 1865, on one large parcel owned by the cemetery and until recently
was occupied by the caretaker. The house is now under agreement to be sold to a private
party who intends to rehabilitate and occupy the house. The cemetery cannot create a
legal lot to deed to this buyer witho.ut losing its storage garage or encroaching upon grave
plots. If the variance is not granted, the house cannot be sold and the cemetery will be
forced to let it full into :further disrepair or bum it down. The cemetery is currently
having difficulty paying for the upkeep of the grounds and needs income. The sale of
this house will allow the cemetery to continuing operating and will not create any
hardship to the Town or the abutters. In fact, the Town will benefit from tax revenues
paid by the new owner and the neighborhood will benefit by having an old house
remodeled.
The hearing closed at 7:45 P.M.
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MINUTES OF JANUARY 16,2001
Page 2 of3
A motion was made by Mr. Vultaggio and seconded by Mr. Kozlowski to grant a
variance to the cemetery. Unanimously granted (5-0) (Devine, Butler, Vultaggio,
Kozlowski, Austin).
The hearing on the application of Georgica Partners, LLC for a Special Permit, per
Sections 4.3.5.A and 4.3.6(B)(1)(a) of the Zoning By-Law to allow deviation from the
Landscaping provisions, by providing for a IS-foot landscaped buffer where 22-feet is
required, with the work occurring at the proposed office building located at 800 South
Main Street in the RD Zone began at 7:50 P.M.
The application was labeled as Exhtbit "A"; a newspaper advertisement was labeled as
Exhibit "B"; and a Landscape and Lighting Plan by Gates, Leighton, and Associates
dated 7/5/00 and revised on 10/23/00 and 11/28/00, and prepared by Tilton and
Associates, Inc., One George Leven Drive, Suite 100, P.O. Box 467, North Attleboro,
MA, was labeled as Exhtbit "C". Mr. Vuhaggio read a letter from the Planning Board
into the record. "With seven (7) members presents the Planning Board voted five (5) in
favor with two (2) opposed to send a positive recommendation. It was the opinion ofthe
r majority of the Board that the proposed IS-foot buffer strip is better alternative than 22
feet, which is required by the Zoning By-Law. Strictly enforcing the Zoning By-Law in
this case by requiring a wider buffer would decrease the width of the parking lot travel
lane, while not increasing the number of plantings within the buffer strip. Finally, a
majority of the Planning Board is of the opinion that the shape of this lot makes strict
conformance to the by-law difficuh, at best. The Planning Board would also like to note
that the issue of pedestrian access, while perhaps not appropriate for this site, may need
to be addressed as it is required by the Zoning By-Law. "
Mr. Devine asked the applicant to present his case.
James David Simmons, Esq., Vice President of Planning and Development Services
introduced himself and Larry Tihon, of Tilton and Associates, the Engineers on this
project. Mr. Simmons explained that they represent the applicants in their plan to
develop a three-story office building adjacent to 800 South Main Street (Route 140).
They are requesting that the Board grant a Special Permit to allow deviation form the
requirements of the By-Laws which requires a landscaped buffer along the street frontage
with a minimum depth of 1/3 the distance from the street (right-of-way) line to the
building face. Under the By-Law the minimum buffer width on any side is 15 feet and
the buffer width for the site plan proposed would be 22 feet. Mr. Simmons further stated
that he believes that both of the conditions are satisfied by the proposed plan, namely,
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(""" MINlITES OF JANUARY 16,2001
Page 3 of3
(1) the alternative landscaping arrangement proposed by the applicant is clearly
preferable for the site and surroundings than one strictly conforming to the standards of
the Section; and (2) It is impractical to provide the specified depth of the landscaped area
due too the size, shape, or other characteristics of the parcel beyond the control ofthe
applicant and the alternative arrangement proposed by the applicant provides equal
benefits to the site and surrounding areas.
Mr. Simmons further explained that due to physical constraints ofthe property, which
include existing adjoining buildings and parking, landscaped areas, and drainage patterns,
they propose to construct a landscaped buffer 15 feet wide, with another, separate
landscaped area 10 feet wide adjacent to the proposed building (part of this smaller buffer
will be a 4 foot wide pedestrian walkway). While they would shift the layout of the
parking area to achieve a 22 foot street buffer per the By-law, doing so would leave only
a three foot planting area adjacent to the building, with no sidewalk. The two landscaped
area, taken together, prove a tota1landscaped area width of23.5 feet (19.5 feet of which
will be planted.)
Mr. Vultaggio asked the applicant why they could not just build a smaller building. The
r applicant explained that they could, but it would not be as attractive.
The applicant further stated that they are only before the Board for one issue and
everything else is before the Planning Board. Pictures of the property were present to the
Board.
The hearing closed at 8:10 P.M.
A motion was made by Mr. Butler and seconded by Mr. Kozlowski to grant a Special
Permit to Georgica Partners for landscaping. Unanimously granted (5-0) (Devine,
Vultaggio, Butler, Kozlowski, Austin).
A motion was made by Mr. Vuhaggio and seconded by Mr. Butler to approve the
Minutes of November 14. Minutes approved.
A motion was made by Mr. Vultaggio and seconded by Mr. Butler to approve the
Minutes of December 19. Minutes approved.
The meeting adjoumed at 8:30 P.M.
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