HomeMy WebLinkAboutmin of zba 01/23/01
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MASSACHUSETTS
ZONING BOARD OF APPEALS
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JANUARY 23, 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 Vultaggio; Scott Austin; and Elisabeth
Garber-Miller, Associate Member.
Mr. Kozlowski was appointed Acting Clerk for this meeting.
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Mr. Devine passed out a letter and read it into the record. "The following is a public
statement from the Chairman of the Zoning Boards of Appeals as a result of the Great
Waves decision not to continue in the Town and advice the Board of Selectmen should
heed when making future decisions. Whenever any Use is proposed which is not
specifically allowed by the Zoning By-Law, refer the request to the Planning Board for
review. The Planning Board should make a determination if the proposed Use would be
consistent with the Master Plan of the Town. When a decision by the Planning Board is
positive for the proposed Use, they should recommend that Chapter 40A Section V of the
M.G.L. be followed. This requires the Zoning By-Law amendment process to be
followed and would require a Town meeting 2/3 vote of approval. Furthermore, the
Building Inspector and the Town Attorney are not empowered to interpret the Zoning By-
Laws, beyond what is not clearly defined. If the Use is not specifically specified, then it
requires Planning Board review and approval. This should be a directive to the Building
Inspector, which is voted on by the Board of Selectmen. I wish the Board of Selectmen
only the best in their future decisions. Finally, concerning Great Waves. I would like to
thank the Town for honoring the Zoning Board of Appeals with their vote of support,
which I am very grateful.
This is my final public statement as Chairman of the Zoning Board of Appeals. I wish
not to be renominated. However, I will still serve out my time on the Board. I would like
to thank Karen Lawlor for organizing my schedule and keeping excellent minutes of our
meetings. I would like to thank renewed member Peter DeTrolio for telling me to apply
for the ZBA years ago. Furthermore, I would like to thank Associate Member, Elisabeth
Garber- Miller for her detailed review of the hearing issues that come before the Board.
Elisabeth as an attorney continues not to be persuaded by outside influences in making
her sound decisions and has given me insight when making my decisions. Jack
Vultaggio and Olivier Kozlowski as attorneys, as well, have given me insight when
making my decisions. They have debated all kinds of zoning case law, while always
providing excellent observations and opinions. I am very grateful for Elisabeth, Jack, and
Olivier's advice and knowledge, which has helped make being Chairman a pleasure.
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MINUTE OF JANUARY 23,2001
Page 2 of6
Leonard Flynn was not reappointed to the Board. However, Leonard as Clerk would not
leave any stone unturned. He always provided the Board, after intense research and
acquired knowledge need for making decisions concerning any area of the Town.
Leonard could out last anyone of us on the Board in our final debate and discussions on
the issues. I hope Leonard continues to be active in the Town. When I think of what the
word integrity means, I think of Leonard Flynn. Thank you Leonard. Finally, I would
like to thank Eric Butler. Eric is a pillar of strength on this Board and possesses profound
knowledge. He demonstrates a deep understanding of Zoning and of the Towns By-
Laws. Eric provided the wisdom that laid the foundation behind the Great Waves
decision. Once again I wish to thank the entire Board for their kind vote of support while
being Chairman of over the years and I am honored serving with you. Thank you,
Richard Devine."
The hearing on the application of Anthony Spiri for a Variance from Section 4.2.1 of the
Zoning By-Law to allow for a garage addition which will result in less than the required
side yard setback, with the existing house located at 40 Wexford Drive in the R-l Zoning
began at 7:30 P.M.
Mr. Vultaggio stepped down from this hearing.
The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as
Exhibit "B"; and a Zoning Board Plan Lot 65-1 House #40 Wexford Drive dated
December 7,2000 and prepared by Hutchins-Trowbridge Associates, Inc., Mansfield,
MA, was labeled as Exhibit "C". Mr. Kozlowski read a letter from the Planning Board
into the record. "With six (6) members present, the Board voted three (3) in favor with
three (3) opposed to send a negative recommendation on the application."
Mr. Devine asked the applicant to present his case.
Mr. Spiri explained that he would like to construct a two-car garage to his home with a
room above. When they started this proposed project they were going by the As-Built
plans, which they found out is three feet off. The attachment of the garage to the existing
mud-room would cause a triangular shape portion of the proposed addition to be within
the 25 ft. buffer zone. Further, any attempt to position the proposed addition forward so
as to clear this buffer zone would cause problems. The garage would sit directly over the
septic system; however, any structure must be 10 feet away form the septic system. Mr.
Spiri further explained that they have received no objections from any of the their
neighbors on Wexford Drive. Most importantly, Mr. and Mrs. Cullinan who would be
impacted greatest by this decision have expressed no reservations and have reviewed
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MINUTES OF JANUARY 23, 2001
Page 3 of6
the plans, and because only the rear of the comer potion of the building would infringe
into the buffer zone, this would not substantially derogate the purpose of the Zoning By-
Law. Mr. Spiri showed the Board two different diagrams showing different placements
of the garage and asked the Board if the garage plans could be changed from 26'x26' to
26'x24' .
Mr. Kozlowski read a letter from Charles Cullinan into the record. "I have reviewed the
architect's drawing for the planned addition to Mr. Spiri's residence at 40 Wexford
Drive. Based on my understanding of the planned project, Mr. Spiri is requesting a 9 foot
reduction in the usual 25 foot side offset requirement, which would allow the addition to
the 16 feet from the side property line. This variance is necessary at the rear of the
proposed addition due to the property lien being at a skewed angle relative to the street.
As the abutter closest to the planned addition, I have no material objection to the variance
requested by Mr. Spiri.
Abutters, Mr. Schwarzer, 41 Wexford Drive; Ms. McDonough, 35 Wexford Drive; Mr.
Gilmore, 44 Wexford Drive; Mr. Campbell, 28 Wexford Drive; Mr. Freedman, 45
Wexford Drive; and Mr. Boulter, 36 Wexford Drive all expressed their support of this
variance application.
The hearing closed at 8:00 P.M.
The hearing on the application of William H. Wolffor a Special Permit per Section 3.1 of
the Zoning By-Law to allow for land located in the 1-2 Zoning District to be used for
single and two-family residential purposes, said land located at 199 Gilbert Street and
referenced as Assessor's Map 3, Parcels 10 and 13 began at 8:00 P.M.
The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as
ExhIbit "B"; a Typical House and Septic Location dated 12/20/00 and prepared by
Tibbetts Engineering Corp., Taunton, MA 02780, was labeled as ExhIbit "D"; and a
Proposed Scenic Road Alteration Plan dated 12/19/00 and prepared by Tibbetts
Engineering Corp., Taunton, MA 02780, was labeled as Exhibit "D".
Mr. Devine asked the applicant to present his case.
Attorney David Gay, introduced himself, and Mr. Bob Roberts of Tibbetts Engineering
Corp., and the applicant, Mr. William Wolf. Attorney Gay stated that there was some
confusion and he believed that this was only to be heard before the Planning Board, but
was then informed that they had to come before the Zoning Board. Last night they were
approved before the Conservation Commission.
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MINUTES OF JANUARY 23, 2001
Page 4 of 6
Mr. Gay explained that they are before the Board for a Special Permit to allow both
single family and two-family dwellings on lots to be created by Definitive Subdivision
within the limited Industrial Zone. Sketches of the proposed homes were presented to the
Board.
Mr. Wolf explained that he and his sister grew up in two family homes and when they
were older, they lived in a two family home with their grandparents. This worked out
well so that could be close and yet the parents could have their privacy. Mr. Wolf ex-
plained that in these times of raising prices for nursing homes, this is the perfect solution
for many families. The subdivision will consist of approximately 22 lots with approxi-
mately 6-8 of these lots used for two family homes. They are very flexible on the amount
of two-family homes and the number could be up to 16. Two new roads will be put into
the subdivision. He feels that this is a great location with quick access to the highway.
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Mr. Kozlowski read a letter from Lance Larson, Traffic Officer, into the record. "To:
8haun Burke, Planning Director; Date: 1/18/01; Subject: Special Permit Application _
Sweetlands Subdivision. The site plan as submitted indicates a 2-10t subdivision with
two access ways out onto Gilbert Street within the 200 block. Gilbert Street in this area
is a two-lane secondary, class 4 non-thickly settled roadway and has a posted 35 mph
speed limit. Gilbert Street functions as both a local roadway and a collector/connector
roadway between Route 123 in Norton and Route 152 in Plainville via Plain Street. It is
a major commuter route with significant morning and afternoon commuter volumes
providing access to West Street and the Industrial park. Street peak hours are between 6
and 8 a.rn. and 4-6 p.rn. There are no sidewalks along Gilbert Street except for the
railroad bridge located south ofthe proposed development and the travel way contains
two 12-foot travel lanes bordered by a dirt shoulder. Sight distances are adequate in both
directions and braking distances are adequate for vehicles at the posted speed limits. The
plan itself as submitted does not show any obvious traffic safety hazards, however, I do
have one concern involving the special permit requesting driveway access for lots 2
through 5. I would rather see the driveway for lots 1 through 6 restricted to Scott's Way
and access from lot 22 restricted to Bethany's Way. I am concerned with vehicles
attempting to back out onto Gilbert Street from these lots. There would be less of a
traffic hazard if the vehicles used either of the two proposed intersections since these lots
are directly across the street from the existing commercial business."
Mr. Wolffurther explained that he has owned this property for 20 years and was
originally planning to build a wholesale bakery and then the area was rezoned. The built
the bakery in Walpole since they didn't need such a big lot. Also, he is not a developer,
and this subdivision will be privately financed with no subsidized housing.
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MINUTES OF JANUARY 23, 2001
Page 5 of 6
Abutters, the Doranco, Inc., 200 Gilbert Street, Mansfield, MA, were represented by
Joseph E. Doran, Jr., Vice President, and Attorney Sandra Doran. They stated that they
were concerned that the information is not current and they are a little confused with this
information. Doranco's main concerns were taxes, access and schools. If there is a
shortage of industrial land it will be difficult to bring companies to town, and they have
to try to stay competitive with the tax base.
Attorney Doran explained that Doranco, Inc., was a North Attleboro company and in the
early 90's they were looking to expand. They have a great building, it is zoned for
industry and buffered on all sides. She further explained the application is detrimental to
the public good with an effect on the town with so many children to enter the school
system where they have no children in the school and pay taxes; they should keep zoning
and residential apart; there are safety issues; traffic issues; addition of services in town
with be effected (water deliver and waste water); the water table is very high now, an
additional 22 septic systems will severely effect it; this is a scenic route; there are fiscal
impacts because of the wide disparity on education and tax revenues.
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Attorney John Jacob~ 144 Bank Street, Attleboro, MA was also present at this meeting.
He was concerned that the application does not say exactly how may units they are
planning on building; how the wetlands will be effected; what impacts will be made;
there are no drainage calculations; the street is much too narrow. Attorney Jacobi also
stated that if they have not submitted a plan to the Board how can we tell exactly what
they are proposing. Regarding the traffic flow, Doranco has 68 people on the first shift,
if you add school buses and people leaving for work, you have a traffic and safety issue.
Also, with all the children that will be moving into the development, more classrooms
will have to be added.
Mr. Devine told Doranco's representatives to put all this concerns and issues in writing
and submit it to the ZBA.
Mr. Walter Jenkins of Conrad Court, and a member ofthe IDC is not in favor of this
application and he speaks on behalf of the members of the IDC. This is not a residential
area and it is spot zoning and that is not favorable, they prefer a gradual change.
Mr. Wolf requested a continuance in writing until the February 13,2001 meeting.
Documents will be submitted to the Board by the end of this week (January 26th), to be
reviewed by the next meeting.
The hearing was continued at 10:00 P.M.
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MINUTES OF JANUARY 23, 2001
Page 6 of6
A motion was made by Mr. Butler and seconded by Ms. Garber-Miller to grant a variance
to Mr. Spiri with the condition that he submit revised plans. Unanimously granted. (5-0)
(Devine, Butler, Kozlowski, Austin, Garber-Miller)
The matter of William Richards was discussed at 10:15 P.M. Attorney Edward
Valanzola introduced himselfand explained that Mr. Richards was granted a variance on
February 7,2000 for 905 South Main Street, Mansfield, MA and is requesting a six (6)
month extension of the variance, which is about to expire. The reasons for this request
and the issuance ofan extension include: (1) the applicant has removed the house on the
property and began other preliminary work; (2) variance issues regarding location of the
wetlands have been raised; and (3) the applicant has been contacting prospective tenants.
A motion was made by Mr. Butler and seconded by Mr. Vultaggio to grant an extension
to Mr. Richards. Unanimously granted. (Devine, Butler, Kozlowski, Vultaggio, Austin)
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Mr. Karl Clemmey was present at the meeting and suggested the Board obtain a Zoning
Map which would be helpful during the meetings.
Reorganization of the Zoning Board was discussed. A motion was made by Mr. Butler
and seconded by Mr. Devine to appoint Jack Vultaggio, Chairman, and Olivier
Kozlowski, Clerk. Unanimously approved. (Devine, Butler, Vultaggio, Kozlowski,
Austin).
A motion was made by Mr. Devine and seconded by Mr. Kozlowski to approve the
Minutes of January 16,2001. Unanimously approved.
The meeting adjourned at 10:30 P.M.
bmitted,
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