Loading...
HomeMy WebLinkAboutmin of zba 09/05/00 MINUTES p'W' , RECEIYED \.'1' t'r, CL F.R.h S OFF ICE 01 JAN -8 AM 10: 00 rlANSfiELD MASSACHUSETTS r- ZONING BOARD OF APPEALS SEPTEMBER 5. 2000 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, Chainnan; Leonard Flynn, Clerk; Eric Butler; Olivier Kozlowski; Jack Vultaggio; and Elisabeth Garber-Miller, Associate Member. The hearing on the application of John Sullivan, Town Engineer, for Variances from Sections 4.4.4.5, 4.4.4.6, and 4.4.4.8 ofthe Zoning By-Law to allow for 90 of the proposed 128 parking spaces at the Hope Street parking area, which will service the Library/COA building and Memorial Park, to be unpaved, with no marking of the spaces, and with no lighting, with the project located in the R-2 Zone began at 7:30 P.M. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and Plan of Proposed Parking Improvements for Memorial Park and Library dated 5/21/98 and revised on 6/1 0/98, 5/30/00 and 7/10/00 and prepared by David Field r and John Sullivan, was labeled as Exhibit "C". Mr. Devine asked the applicant to present his case. Mr. John Sullivan introduced himselfat the Town Engineer with Mike Ahearn, Special Projects. Mr. Sullivan explained that the Town of Mansfield is proposing to construct a parking lot at Memorial Park on Hope Street to serve the new recreation fields currently under construction. They are requesting variances for gravel surface without curbing; spaces not marked with paint; and no lighting daytime lot. The proposed project is seasonal in nature and will only be used during daylight hours since the playing fields also have no lighting. The proposed project consists of 128 new parking spaces. Of these new parking spaces, 38 spaces will be paved, striped and illuminated, to be used by the current Library and Council on Aging parking lot. This land is subject to special circumstances related to soils and topography of the land. Testing of the soils indicates a high water table, limiting the room for infiltration structures below a paved surmce. Paving the entire parking surface would decrease the area of natural infiltration of storm water, increase the quantity of runoff and concentrate it closer to the existing adjacent wetland in the northeast corner of the property. The existing parking fucility located at Memorial Park adjacent to the proposed project also has a gravel surfuce and appears to function without problems. Additionally, the ZBA has granted variance to similar projects; 2/93 Little League complex on Otis Street, construction of gravel area; 7/96 former Scott/Goyea conservation land on Oak Street, remain gravel; and most recently r construction of additional gravel parking at Plymouth Street. I T r r Page20f5 MinutesofSeptem~5,20oo Mr. Sullivan further stated that given the added cost of paving a seasonal paring lot and weighing the environmental impacts on the additional volume of runoff, he believes that it would be consistent with past projects and in the vest interest of the Town to grant the requested variances. Mr. Sullivan further stated that they are meeting next week with the Conservation Commission. The Board discussed with Mr. Sullivan the proposed gates and the Planning Board had suggested that the gates be moved closer to Hope Street in order to prevent access. The Board also discussed the lighting issue. Mr. Sullivan explained that the Town is looking into redirecting the already existing lights on the tennis courts and football fields and that is why they are requesting no lights on the proposed gravel. Sue Grant, an abutter on Pratt Street, was concerned with the access to the fields and since there will be no actual parking at the new fields, people will still have to walk quite a distance. Ms. Grant further stated that she is opposed to this application. The Hope Street area is lovely as it is. r Karl Clemmey stated that this is a great plan and the Town has really taken care of the neighbors. The parking lots are badly needed and they should move forward with this plan. The hearing closed at 7:55 P.M. The hearing on the application of Zoots, the Cleaner Cleaner, for a Special Permit per Section 4.3.5 of the Zoning By-Law to allow the project proponent to deviate from Section 4.3.9 which requires a 10-foot landscape area adjacent to the proposed building, located at 215 Chauncy Street [the former Paine School/municipal office] in the B-3 Zone began at 7:55 P.M. The application was labeled as Exh1bit "A"; a newspaper advertisement was labeled as Exhibit "B"; a Planting Plan dated 5/18/00 and revised 7/13/00 and prepared by Lenard Engineering, Christopher Ferrero, Auburn, MA, was labeled as Exhibit "C"; and a Site Survey dated 5/31/00 and prepared by Cabco Consultants, Clinton, MA, was labeled as Exhibit "D". Mr. Flynn read a letter from the Planning Board into the record. "With five (5) members present, considered the above-referenced application. The Board would like to suggest the following. That the compensatory landscaping be in the form of bushes and trees, which do not create visual obstructions, along Copeland Drive and Chauncy Street. " r r- Page 3 of5 Minutes of September 5, 2000 Mr. Flynn read a letter dated August 3, 2000 from Bernard McCourt, District Highway Director, Mass Highway, into the record. "Subject: Mansfield - Proposed Zoots Store at the Intersection of Chauncy Street & Copeland Drive. Reference is made to a fax dated June 3, 2000 regarding the above subject project. You have various questions pertaining to what would require a permit from MassHighway. Since this is a change in use ofthe Property a new Application for Permit to Access State Highway form must be submitted (copy enclosed) with the appropriate permit application fee and plans. The existing driveway on Copeland Drive does not meet Mass Highway design standards and would require the driveway to be reconstructed to a minimum driveway design of a 20' radius entering the property, a 20' width of drive and a 20' exiting radius (60' at the edge of road) constructed within the limits of your frontage. As part of the permitting process, you will be required to construct wheelchair ramps and may also resurface the existing sidewalk. If you have any questions please contact Matthew Broderick, Permits Engineer, at (508) 884-4211." Mr. Flynn read a fax dated June 30, 2000 from Lenard Engineering, Inc., Auburn, MA into the record. "To Mr. Wtlliam Davis, Mass Highway Department, From: Joseph Devine. Lenard Engineering, Inc., is preparing a Site Plan application for the r redevelopment of215 Chauncy Street in Mansfield, MA to a Zoots store. The client wishes to explore various options concerning the curb cuts entering the site. Attached are two maps showing existing and proposed conditions. We wish to determine the required MHO permits (ifany) to construct the various options listed below. Please indicate what the following options will require from the MHO. A) Utilize the existing curb cuts as they are (1) Soften the curb radii to 5 feet (2) Widen the entrance from 21 feet to 24 feet; and (3) Replace the existing concrete walkway (which is heavily deteriorated)." Mr. Devine asked the applicant to present his case Mr. Joseph Deluca introduced himself as a representative of the architectural firm which represents Zoots. Mr. Deluca explained that in order to provide handicapped parking for patrons of the proposed Zoots it is necessary to eliminate the ten (10) foot front land- scape strip. The existing building which was originally used as Town offices will be taken down and a building of the same size (2400 square feet) will be constructed. Although they are not required they do put in handicapped parking. The proposed building has a drive-thru and the applicant feels that the intent and spirit has been met they just need relief because they cannot meet the 10 foot wide buffer at the entrance. Mr. Flynn asked what the hardship is and why they need such a large building. If a smaller building is constructed the applicant does not need to be here. Mr. Deluca explained that this is a prototype building and they feel that this use is an improvement to r the lot. The building is green, white, purple and red. , 11 r Page40f5 Minutes of September 5,2000 Mr. Flynn further stated that this will be an eyesore. Mr. Richard Linns in charge of construction for Zoots stated that they have constructed a Zoots in Stoughton. They could remove the purple from the roof tower and they could take out 100 square feet out of the proposed building. Carla Foley, Operator ofLaDonna's stated that she has been upset that the current building is in the condition that it is, structurally unsound. This is a commercially zoned area and the proposed Zoots would be conducive for people in Mansfield in this location. Joseph Foley, Carla's husband, stated that he is in favor of this application. The applicant requested a continuance until September 19,2000 at which time he will present a letter from the owners stating that they give their permission to be represented by Mr. Deluca, and also the plans should address the 4.3.6 section. The hearing closed at 8:30 P.M. The application on the hearing for Donato Cuzzi, Jr., 68 Creeden Street, which was r' continued from July 18,2000 and September 5, 2000 was discussed. A motion was made by Mr. Vultaggio and seconded by Mr. Butler to deny a motion to Mr. Cuzzi. No hardship, and derogates from the intent of the by-laws. Motion fails 5-0 (unanimously denied). A motion was made by Mr. Butler and seconded by Mr. Vultaggio to grant a variance to the Town of Mansfield for the Hope Street parking. Unanimously granted. (Devine, Flynn, Butler, Vultaggio, Garber-Miller) Seasonal, part-time use. Mr. Flynn stated that the Town should conform to the By-Laws because this is not the first time they have been before the Board. The discussion of the Great Waves appeal began at 8:45 P.M. Mr. Flynn excused himself from the room The Board Members (Devine, Butler, Vultaggio, Kozlowski, and Garber- Miller discussed the filet that they all received new materials from Attorney McGregor. The Board decided not to consider any materials received after the hearing was closed on August 1,2000. The Board discussed the issue of amusement versus recreational as outlined in the by_ laws. The Board further discussed the filet that it does not have to decide if the proposed use is an amusement park, only whether it is an allowed recreational use. r . . (- Page 5 of5 Minutes of September 5, 2000 r- r A motion was made by Ms. Garber-Miller and seconded by Mr. Vultaggio to order the Building Inspector to rescind the issuance of the building permit issue to Building #1 on the proposed Great Waves because it is not an allowed use. Unanimously approved. The Board drafted and revise the Decision on Great Waves and after careful review, signed the document. Mr. Flynn returned to the room. The meeting adjourned at 11:50 P.M. ~77 oJLIl( ~