HomeMy WebLinkAboutmin of zba 06/20/00
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RECEIVED
TOWN CLERKS OFFICE
00 JI. 2' lit" 30
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MASSACHUSETTS
ZONING BOARD OF APPEALS
MINUTES
JpNE 20. 2000
The 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; Leonard Flynn,
Clerk; Eric Butler; Olivier Kozlowski; Jack Vultaggio; Elisabeth Miller, Associate Member; and
Dave Hammond, Associate Member.
The hearing on the application of Robert Pierce for a Variance from Section 4.2.1 ofthe Zoning
By-Law to allow for the addition ofa garage with less than the required sideyard setback, the
existing house is located at 17 Gilbert Street in the R- I Zone began at 7:30 P.M.
The application as labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B";
and a Zoning Board of Appeals Plan of Land in Manstield, MA dated September 10, 1999 and
prepared by Toomey-Munson & Associates, Inc., Norwood, MA 02062, was labeled as Exhibit
"C". Mr. Flynn read a letter from the Planning Board into the record. "With five (5) members
present they voted four (4) in favor and one (I) opposed to send a positive recommendation on
the application."
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Mr. Devine asked the applicant to present his case
Me Pierce and his builder explained that the garage has already been built The builder used the
as-built which showed 58 feet to the property line. After a number of delays with the surveyor,
when the surveyor finally got there the garage was already built and it was 22'8" from the
property line not the required 25 feet.
Mr. Flynn read a letter dated June 19, 00 from Mr. William David into the record. II As the
abutter most affected by Robert Pierce's application for a variance to allow the addition of a
garage with less than the required sideyard setback, we have no objection. II
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The hearing closed at 8:00 P.M.
Minutes of June 20, 2000
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Page 2 of3
The hearing on the application of Michael Carey for a Special Pennit, per Section 4.4.4.9 of the
Zoning By-Laws, to allow tor the construction of a second two-way entrance to an industrial
facility, where the by-law only allows for one two-way entrance, said facility located at 34
Plymouth Street in the 1-1 Zone began at 8:00 P.M.
MI. Flynn stepped down from this hearing because of a conflict of interest and Ms. Garber-Miller
was appointed Voting Member for this hearing in place of Mr. Flynn. Mr. Butler was appointing
Acting Clerk for this hearing in place of Mr. Flynn.
The application as labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B";
and a Site Plan for Bristol Builders Plymouth Street, dated 8/11/99 and revised on 10/6/99 and
11/3/99, was labeled as Exhibit "C". Mr. Butler read a letter from the Planning Board into the
record. "With five (5) members present, they voted unanimously to send a positive recommen-
dation on the application. It is the opinion of the Board that a second driveway would allow the
facility to separate its truck and delivery traffic from its customer and employee traffic, thus
eliminating potential safety hazards. II
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Mr. Devine asked the applicant to present his case.
Mr. Carey explained that he would like to construct a second two-way entrance to his facility.
The purpose of this is to separate visitors and office employees parking and walkways from the
constant truck traffic which services millwork loading area at the opposite end of the building.
The Board discussed with the applicant the fact that the road is straight; in an II Zone; no site
problems; no intersections; not near any other entrances; and over 225 feet will separate both
entrances. There are no deliveries on Saturday and only the shop is open on that day with a small
crew. This is a carpentry business which is located in Easton and they received a good deal on
the land.
The hearing closed at 8: 1 5 P. M.
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A motion was made by Mr. Vultaggio and seconded by Mr. Butler to grant a variance to Mr.
Carey for the second entrance as it determined that such additional driveways are necessary to
provide adequate area for safe vehicular turning movements and circulation, and would facilitate
traffic flow and safety Unanimously approved (Devine, Kozlowski, Vultaggio, Butler,
Garber-Mill er. )
Minutes of June 20, 2000
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Page 3 of3
A motion was made by Mr. Butler and seconded to Mr. Vultaggio to grant a variance to Mr.
Pierce for his garage. Unanimously granted (Butler, Vultaggio, Devine, Flynn, Kozlowski).
Reasons: The Board does not feel the applicant is being devious, the builder was present, and the
shape of the lot is a hardship because it tapers in.
The Board discussed Michael Kelly's application. The Board reviewed the written documentation
from Town Counsel and reached a unanimous decision that Chapter 40A has always required a
super majority vote; that is the precedent and that is the Board's interpretation.
Mr. Flynn further stated that no one has the authority to request Town Counsel's opinions until it
is put in writing and this matter was discussed in detail and the direct two abutters who felt they
were being adversely affected had to be listened to.
The Board unanimously approved the decision that a 4/5ths vote is requested and the Kelly
decision which was denied stays denied. Mr. Kelly left the room. (Devine, Flynn, Vultaggio,
Kozlowski, Garber-Miller).
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The decision on DLC (Tweeter Center) was reviewed and revised. (Vultaggio, Kozlowski,
Devine, Garber-Miller).
The meeting adjourned at 10:00 P.M.
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Flynn, I
Clerk
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