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HomeMy WebLinkAboutmin of zba 10/03/00 ~ . RECEIVJO . . RECEWEO TOWN CLfHY,,", Off iCE .TO\~J~! r"\ tq~S OfF leE ZONING BOARD OF APPEALS. j;l!l ~;...." 00 OEe '2 PH 12: 02 00 OEe - 1 ~"9: 23 MINUTES MANSf\ELO MAr~SF\ELO HASSACHUSET1S OCTOBER 3,2000 HASSACHUSEllS 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; Leonard Fl~ Clerk; Eric Butler; Jack Vultaggio; Olivier Kozlowski; and Elisabeth Garber-Miller, Associate Member. Mr. Flynn stepped down from this hearing since the NRT is an abutter to this property. Mrs. Garber-Miller was appointed voting member for this hearing in place of Mr. Flynn. Mr. Vultaggio was appointed Acting Clerk for this hearing. The hearing on the application of John Sullivan, Town Engineer, for Variance from Sections 4.4.4.5,4.4.4.6, and 4.4.4.8 of the Zoning By-Law to allow for a non-paved parking area with no markings and no lighting at the Plymouth Street Recreational Fields in the 1-1 Zone began at 7:30 P.M. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as r Exhibit ''B''; and a Plymouth Street Recreational Facility Spring 2000 Improvement Plan dated December 3, 1999 and revised on February 7, 2000 prepared by Hutchins- Trowbridge Associates, Mansfield, MA, was labeled as Exhibit "C". Mr. Vuhaggio read a letter from the Planning Board into the record. "With six (6) members present, the Board voted five (5) in favor with one (1) abstention to send a positive recommendation on this application. Mr. Devine asked the applicant to present his case. Mr. John Sullivan introduced himself as the Town Engineer. Mr. Sullivan explained that the Town of Mansfield is proposing to construct a parking lot at the existing recreation facility on Plymouth Street to serve the visitors and users of two additional fields as proposed under the Spring 2000 Improvement Plan. The proposed additional parking will consist of 102 new spaces. Mr. Sullivan further explained that he is requesting variances for a gravel surface without curbing; spaces not marked with paint; and not lighting the gravel daytime lot. The proposed project is seasonal in nature; only used during daylight hours; consistent with similar facilities; and will not pose a detriment to the public good. This land is subject to special circumstances relating to soils and topography of the land. Testing of the soils indicates a high water table, limiting the room for infihration structures below a paved surface. Paving the entire parking surface would decrease the area of natural infiltration of storm water, increase the quantity of runoff and concentrate it to the existing adjacent wetlands around the site. The proposed f"" r Minutes of October 3. 2000 Page 2 of6 parking area will not create any substantial detriment to the public good. There are no abutting residences that will be affected. The proposed use will not substantially derogate from the intent or purpose of the zoning by-law. In fact, the proposed use and development of this site will increase recreational uses which contribute to the general overall health and welfare of the residents and the proposed use will serve to increase the amenities of the Town. The hearing closed at 7:45 P.M. A motion was made by Mr. Vultaggio and seconded by Mr. Butler to grant a variance to John Sullivan for Plymouth Street. Unanimously granted. (5-0) Devine, Butler, Vuhaggio, Kozlowski, Garber-Miller. The hearing on the application of Deborah Conway for a Variance from Section 4.2.1 [Density and Dimensional Requirements] ofthe Zoning By-Law to allow a separate residential handicapped accessible, dwelling to be constructed on an existing lot which contains a pre-existing, non-conforming two-family structure, located at 474-476 Franklin Street in the R-l Zone began at 7:50 P.M. r The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit ''B''; and a Site Plan dated 1 0/3/00 and prepared by M.P. Kenney Architecture, 161 Jefferson Street, Braintree, MA, was labeled as Exhibit "C". Mr. Flynn read a letter from the Planning Board into the record. "With six (6) members present, the Board voted five (5) in favor with one (1) abstention to send a positive recommendation on the application if no other options are available, such as an addition to the existing two- family house. Mr. Devine asked the applicant to present his case. Mrs. Conway explained that her sister, Marie, has been permanently disabled as a result ofa spinal cord injury in 1975 when she was 15 years old. Within the past year and a halt: Marie has experienced the onset of new neurological symptoms; as a result of these changes, Marie's quality of life has diminished. Marie now lives in Norwood and due to her recent physical changes, it is imperative and of utmost importance of Marie to move to Mansfield, should she require additional assistance and special care to maintain and hopefully improve the quality of her life. Marie is also assisting her in raising their nephew who is now 7 years old. The constant traveling back and forth from Norwood to Mansfield is taking a toll on everyone involved and since the 7 year old nephew attends second grade in Mansfield, living here would be easier for everyone. r r Minutes of October 3,2000 Page 3 of6 Mr. Flynn asked the applicant why the proposed addition or house could not be just attached to the existing house instead of placing two houses on one lot; and since the house was build before 1975 only a 15 feet setback would be required not 25 feet. An abutter, Mr. Bob Leopold, 241 East Street. Foxboro, MA, stated that he is against this application. He has lived there for 9 years, the lots are all ledge and it would be very difficult to get a foundation in; and this lot is 20 feet above his lot and his concern is with how the water table and run offwill effect his property. A direct abutter, Vilama Murthy of 470 Franklin Street, was against this application. She stated that she was turned down for a garage and feels that if this is granted her property value will go down and it is not necessary to build this house. There is already a duplex there, it will ruin her privacy, another house will overburden the area and when she purchased her house it was because of the privacy. An abutter, John Bates, 9 Robyn Lane, stated that he moved here 5 years ago and if this application is granted it will have a devastating effect on this area. If the house is built r and then the applicants decide to move, then what will happen. An abutter, Richard Costello, 291 Rear East Street Foxboro, explained that he lives behind the applicant. He is against this application. He owns 8 acres of land and is very concerned with the water table and if this application is granted he will protest and appeal it. The hearing closed at 8:25 P.M. The hearing on the application of David Elsner for a Variance from Section 4.2.1 [Density and Dimensional Requirements] of the Zoning By-Law to allow for an addition to an existing house which will result in less than the required side yard setback, said property located at 51 King Arthur Way in the R-l Zone began at 8:30 P.M. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit ''B''; a Proposed House Addition at Lot 14 Hse. No. 51 King Arthur Way in Mansfield, MA dated May 2, 2000 and revised on August 8, 2000 and prepared by RIM Engineering Co., Inc., Mansfield, MA, and labeled as Exlubit "C"; and Proposed Elevation Drawings dated 9/25/00 and prepared by C. Mitchell; and labeled as Exhibit "D". Mr. Flynn read a letter from the Planning Board into the record. "With six (6) members present, the Board voted unanimously to send a negative recommendation on r r Minutes of October 3, 2000 Page 4 of6 the application. It was the opinion of the Board that rotating the proposed addition 90 degrees or making the addition smaller could result in little or no encroachment into the side yard setback." Mr. Devine asked the applicant to present his case. Mr. Elsner explained that he has lived in Mansfield for 5 years and plans on staying here. He would like to increase the living space and office space that his needed for a growing family. The house is situated on the lot such that the left side is the only practical side for an addition. The lot is sloped that moving the addition substantially forward or back would require large amounts of fill. Detaching the addition and moving it back and way from the side property line is not practical because of interference with the existing pool. Also, they would prefer not to remove all the trees on the side of their property; and there is a sewer easement on the proposed addition side of the property. The Board discussed with the applicant the option of rotating the proposed addition 90 degrees and there would be no need for a variance or making the breezeway and garage r smaller and there again would be no need for a variance. There are other options. The hearing closed at 8:45 P.M. The hearing on SmarterKids.Com which was continued from August 15,2000 was discussed at 8:45 P.M. Sherry Clancy and Jenny Ricker presented to the Board the requested Elevation / Signage Drawings prepared by NDA Architects, Newbury Design Associates, 20 Washington Street, Wellesley, MA 024812. The building is on 30 acres of land but because of the wetlands there is only 44 feet offrontage and the building faces Rt.495. There are no abutters, the sign will be internally illuminated, and they are requesting the variance because the want to put the sign on the other side, not technically the "front" of the building. The building is 760 feet long and this is the most appropriate place and sign for the building. The hearing closed at 9:00 P.M. The hearing on Zoots which was continued from September 5, 2000 was heard at 9:00 P.M. Attorney Edward Valanzola introduced himself as representing Zoots. He presented the requested revised plans showing the landscaping. (Layoutffraffic Plan prepared by Lenard Engineering, Inc., Auburn, MA dated 5/18/00). Mr. Valanzola further stated that they had been before the Planning Board and they received a unanimous positive recommendation on the site plan. Mr. Valanzola also stated that they r are only before the ZBA for a Special Permit. r Minutes of October 3,2000 Page 5 of6 Mr. Flynn explained that if the applicant used a smaller building, instead of a standard building they would not have to be before the Board. Mr. Devine and Mr. DeLuca, representing Zoots explained that this is a typical size for a building. The reason for the Special Permit is because Zoots is putting in handicapped parking. If this parking is eliminated, then they do not have to be here. Mr. Valanzola further stated to the Board that they are not here for the size ofthe building, only for a special permit for landscaping, and if they handicapped parking is eliminated, they do not have to be here. Mr. Flynn further stated that he can't understand why the applicant needs such a large building The hearing closed at 9:25 P.M. r A motion was made by Mr. Butler and seconded by Mr. Flynn to deny a variance to Conway on Franklin Street. Unanimously denied. (Devine, Flynn, Butler, Vultaggio, Kozlowski) Reasons: No hardship; derogates from the intent of the By-Law. A motion was made by Mr. Vultaggio and seconded by Mr. Flynn to deny a variance to Elsner on King Arthur Way. Denied (3-2) All in favor to deny (Vultaggio/Flynn/Kozlowsk) - All in favor to grant (Devine/Butler). A motion was made by Mr. Vultaggio and seconded by Mr. Butler to grant a Variance to SmarterKids.Com. Unanimously granted (Vultaggio, Butler, Devine, Kozlowski, Garber-Miller. A motion was made by Mr. Butler and seconded by Mr. Vultaggio to grant a Special Permit to Zoots. Mr. Flynn made a request to table this until the next meeting. He would like to review and put his objections in writing. Mr. Butler withdrew his motion and explained that when a member has as issue with a decision, the other Board members respect his wishes and the decision will be continued. At 9:50 P.M. Mr. Lou Andrews asked to speak to the Board. Mr. Flynn left the room. Mr. Andrews explained that the NRT has sponsored a warrant for the Town Meeting which he presented to the Board as Article 30. Mr. Andrews asked if the Board will r consider backing this warrant which is requesting funding regarding the Great Waves appeal. I'" Minutes of October 3, 2000 Page 60f6 The Board discussed the issue of whether or not the Selectmen will decide to fund the ZBA's legal fees regarding Great Waves. Mr. Devine stated that he will attend the meeting tomorrow night and discuss the issue with them. The Board discussed that traditionally Attorney Mangiaratti would represent the Board and normally file documents for the Board. If the Selectmen do not agree with the Board and the Board has to defend themselves, this will set a dangerous precedence. The Board's final issue was that if the Selectmen decide to refuse to offer assistance to the Zoning Board, then the ZBA will support the warrant article. Unanimously agreed (Devine, Butler, Vuhaggio, Kozlowski, Garber~Miller). Mr. Flynn returned to the room. Minutes of August 1, 2000 unanimously approved. Minutes of August 15,2000 unanimously approved. The meeting adjourned at 10:30 P.M. Respec y", L. :/J .. /J I idlf- r r