HomeMy WebLinkAboutZBA_10021990E,E IVIVED
ZONING BOARD OF APPEALS
MINUTES go OCT 1 fti 8: U
1 All t�
OCTOBER 2, 1990 it SCHU ET 1
The Board of Appeals held its regular meeting in the Town
Hall, Mansfield, MA at 7:45 PM. Present at the hearing were
the following members: George H. Wojtkiewicz, Chairman;
Edward Valanzola, Clerk; Mary -Lou Cotton; Dr. Stanley Sohn;
Eric Butler; and Peter DeTrolio and Richard Secher,
Associate Members.
The hearing on the application of Franklyn Allen for a
variance from Section 4 Schedule 4.2.1 and Section 1.5.17a
of the Zoning By -Law to convert a storage building at 795
(Rear) Ware Street to a single- family dwelling with less
than the required lot frontage, front yard setback and lot
width in the R1 Zone began at 7:45 PM.
The application was labeled Exhibit "A ", newspaper
advertisement as Exhibit "B ", and plan of land dated July 3,
1990, prepared by Hutchins - Trowbridge Assoc. of Mansfield,
as Exhibit "C."
Mrs. Cotton was appointed Acting Clerk, as Mr. Valanzola
arrived late. Mr. DeTrolio was appointed a voting member
( for this hearing. Mrs. Cotton read the Planning Board's
letter of recommendation into the record. With seven
members present, they voted five in favor and two opposed to
send a positive recommendation on this application. Mr.
Wojtkiewicz explained the definition of hardship and the
grounds necessary for obtaining a variance.
Mr. Allen presented his case. The existing building that he
wishes to convert was originally used for industrial
purposes; the land it is on was previously zoned industrial
and is now zoned residential. He has spoken with his
abutters and they have no objections to his conversion of
the property to a single - family dwelling. Board members
asked questions regarding the previous industrial uses of
the property, how the property had come to be subdivided and
Mr. Allen's intentions for the proposed converted dwelling.
Mr. Allen has not decided whether he would live in the house
himself, rent or sell it. The hearing closed at 8:00.
The hearing for Jerrold C. Wood of 223 Franklin Street for a
variance from Sections 3.5.19 and 3.6.4 of the Zoning By -Law
to operate a machine shop and an antique vehicle sales
office at 347 Pratt Street in the R -2 Zone began at 8:00.
The application was labeled as Exhibit "A ", the newspaper
advertisement as Exhibit "B ", and a plan of land dated April
8, 1990, prepared by Michael P. Antonio, Registered Land
Minutes of October 2, 1990
Page 2 of 6
l
Surveyor of Stoughton, as Exhibit "C." Mr: Valanzola read
the Planning Board's letter of recommendation into the
record. With four members voting, they voted unanimously to
send a negative recommendation on this application.
Chairman Wojtkiewicz read the grounds for variance from the
application into the record. The applicant wishes to
operate two business inside of the building and abandon the
right to an auto repair business outside.
Mr. Wood began his presentation by stating his surprise that
the Planning Board had made a recommendation without his
knowledge. Mr. Wojtkiewicz clarified the role that the
Planning Board plays in regard to zoning applications. Mr.
Wood presented his case, citing old by -laws which outlined
"grandfathered uses" and "lesser uses." He feels that he
has always complied with these bylaws, which were in effect
either when he bought the property ten years ago or when
variances for business uses were issued to previous owners
of his property. He claims that he has always maintained an
auto repair business because he did not want to lose the
right to do so on the property. He feels that he is
presenting the neighborhood with a compromise: he will
abandon auto repair if he can operate two businesses
indoors. Many abutters were present and several interrupted
Mr. Wood's presentation to either disagree or provide
anecdotal information.
Board members asked many questions regarding the proposed
businesses: would one of the business owners need to live
in the house? would there be any activity carried on
outside the building? would there be coming and going of
vehicles? Mr. Wood seemed unsure of the answers to some of
the questions. Dr. Sohn asked if Mr. Wood would be willing
to install a fence so that his property would not be seen by
neighbors. Mr. Wood agreed to install one.
Jay Barrows of 370 Pratt Street presented the case for the
numerous abutters in attendance. The neighborhood, he said,
is totally against any increased activity by Mr. Wood. They
feel that they have put up with too many years of non-
residential activity from the sequential owners of Mr.
Wood's property. The original variances on the property
were supported by neighbors only because the people involved
were their neighbors and the owners lived in the property.
He cited several hazards which exist on Mr. Wood's property,
including a swimming pool which is not surrounded by a
fence. He also claims that there had never been an auto
repair shop on the property, as Mr. Wood claims. Rather,
( one of the previous owners fixed his own equipment on the
property; that activity was not done for profit. He
Minutes of October 2, 1990
Page 3 of 6
expressed the neighborhood's concern that the property would
never be cleaned up or fenced in, despite Mr. Wood's
promises. The hearing closed at 8:45.
The hearing on the application of Michele Galante of No.
Easton for a variance from Sections 3.7.2 and 3.10.5 of the
Zoning By -Law to convert an office to an apartment in an
existing building at 14 So. Main Street, returning the
building to a less restricted mixed business /residential use
in the R -3 Zone began at 8:47 PM.
The application was labeled as Exhibit "A ", the newspaper
advertisement as Exhibit "B ", and a plan of land, dated Nov.
20, 1987, prepared by Paul N. Robinson, Assoc. of Millis, as
Exhibit "C." Mr: Valanzola read the Planning Board's letter
of recommendation into the record. With four members
voting, they voted two in favor and two opposed to send a
positive recommendation on the application.
Mr. Wojtkiewicz established for everyone the location of the
property. The unit proposed for conversion is in a building
which presently houses a restaurant and three other
apartments. Mr. Galante, the applicant's husband, gave a
history of the property. The unit in question had been an
apartment when they bought the building. When tenant
problems arose and the Building Inspector became involved,
they were told that a permit had never been issued for the
unit to be an apartment. They then converted it to an
office. 'Since business tenants moved out over a year ago,
the space has gone unrented. They now want to convert it
back into an apartment.
Board members asked many questions regarding parking, what
the conversion would consist of (no floor plans were
submitted) , and conditions in the building overall. Three
abutters from condominium units at 14 Webb Place were
present and voiced many concerns about adding another
apartment to an area which is already congested and where
there have been problems with the present tenants. They
cited as concerns the fact that they've had to call the
police many times because of loud parties and trespassers,
and problems with tenants' dogs barking and excrement being
thrown onto their property. Mrs. Galante assured the
abutters that she wanted to rent to quieter tenants and
would try her best to do so. Mr. Galante stated that they
could put up a fence, but that that wouldn't help with the
noise. The hearing closed at 9:12.
The hearing on the application of Peter DeGirolamo & Sons,
Inc. for a variance from Sections 3.5.3 and 3.6.2 of the
Zoning By -Law to allow an existing garage, offices, and
Minutes of October 2, 1990
Page 4 of 6
equipment and material storage at 631 East Street in the R -1
Zone began at 9:15 PM. Dr. Sohn, who is an abutter to this
property, excused himself from the hearing. Peter DeTrolio
was appointed as a voting member in his place.
The application was labeled as Exhibit "A ", the newspaper
advertisement as Exhibit "B ", and a plan of land dated April
2, 1990, prepared by Rim Engineering of Mansfield, as
Exhibit "C." Mr. Valanzola read the Planning Board's letter
of recommendation into the record. With four members
voting, the Planning Board voted unanimously to send a
positive recommendation on this application.
Also read into the record was a letter from Wendy Willhauck
of 601 East Street, stating her support of this application
for variance with three conditions: that there be a buffer
installed between the DeGirolamo property and abutting
properties, that equipment and machinery not be started
before 7 AM, and that crushing and stockpiling of asphalt
not be allowed on the site.
Mr. Wojtkiewicz read the grounds for variance from the
application. The asphalt business which is currently being
conducted from this property is in violation of the zoning
by -laws for the R -1 Zone. Yet there is not another location
within Mansfield where this type of business would be
allowed. Only part of the property lies in the R -1 zone;
the rest is in a business zone. If Mr. DeGirolamo were not
allowed to conduct his business at this location, he feels
that he would probably go out of business because of the
expense involved in finding another piece of property of
this size and suited for this purpose. Mr. DeGirolamo feels
that his business does not derogate from the neighborhood
because surrounding him are other businesses -- a kennel,
dance studio, and shopping plaza across the street. His
trucks leaving in the morning and returning in the late
afternoon are far less disruptive, he believes, than the
regular trucking traffic that exists on Rt. 106 (East
Street).
The Board asked many questions regarding the extent of
activity on the property, location of rubble piles, types of
equipment stored on property, proximity of the
aforementioned to abutters' property and the feasibility of
converting the office space into living space.
Linda Sohn, an abutter to the property and owner of the
kennel, gave her view of the situation. She first took
issue with points made in the applicant's statement of
grounds for variance regarding her kennels and what he
termed a "noise nuisance." The kennels are legally there,
I
Minutes of October 2, 1990
Page 5 of 6
by special permit; his business is not. She is, however,
supportive of the variance being granted with the conditions
outlined in Ms. Willhauck's letter. If these conditions are
not met, she is opposed to the variance. Mr. Karl Clemmey,
a friend of Mr. DeGirolamo, spoke in favor of the variance.
Mr. Steve Nolan of 625 East Street, owner of Cindy's Dance
Studio, stated that he had no objections to the variance.
Mr. Ben Flint of 832 East Street, a direct abutter, stated
that he had no objections to the variance.
Responding to Mrs. Sohn's request for conditions, Mr.
DeGirolamo had the following comments: who should be
responsible for erecting a buffer, he or the Sohns; his
equipment is started up early in the morning because, in his
business, the day starts at 7 AM at the site. With an hour
or so drive, it is necessary to leave well before 7 AM. As
for the rubble piles and crushing of asphalt, it is a
situation now out of his hands; DEP is going to rule on his
right to crush and /or store asphalt at the site.
There was a discussion among Board members as to Dr. Sohn's
right to speak as an abutter. It was decided that because
he had removed himself from all decision - making capacities,
his remarks could only be considered in his capacity as an
abutter. Dr. Sohn gave his interpretation of the history of
the property. When Mr. DeGirolamo bought the property, it
was zoned agricultural and the activities now being
performed there were not allowed. They are still not
allowed in the zone and yet the business has grown over the
years, becoming more of an intrusion on the quality of life
of the surrounding properties. There is a black cloud from
diesel engines that hangs over his property every morning
from the start -up of machinery. Mr. Clemmey objected to Dr.
Sohn's right to speak as an abutter. The hearing closed at
10:25.
A motion was made by Dr. Sohn and seconded by Mrs. Cotton to
grant a variance to Mr. Franklyn Allen to convert a storage
building at 795 (Rear) Ware Street with frontage of 20 feet
( + / -), front yard setback of 26 feet (+ / -), and less than
the required lot width with the restriction that only one
single - family dwelling be built and that there be no future
development of the property. Mrs. Cotton, Dr. Sohn, Mr.
DeTrolio and Mr. Butler voted to grant. Mr. Wojtkiewicz
voted to deny. Variance granted with a vote 4 -1.
A motion was made by Mrs. Cotton and seconded by Dr. Sohn to
deny the request for variance made by Mr. Wood to operate
two businesses at 347 Pratt Street. Mrs. Cotton stated
i that, in her opinion, the use of the property would be
greater with two businesses even if they were conducted
Minutes of October 2, 1990
Page 6 of 6
indoors. Also, it derogates from the intent of the by -law;
the original variance was intended to phase out and return
the property to residential use. The Board all agreed that
the neighbors were against any increased use of the
property. Unanimously denied.
A motion was made by Mr. Valanzola and seconded by Mrs.
Cotton to deny a variance to Michele Galante to convert an
office to an apartment at 14 So. Main Street. Discussion
focused on the lack of preparation and forethought for the
proposed alteration, potential parking problems, proposed
space is very small for an apartment, and abutters'
complaints with level of traffic and noise generated by the
present tenants in the building. Unanimously denied.
The decision on the application of Peter DeGirolamo & Sons,
Inc. is postponed until the next meeting to give Board
members a chance to view the property.
The Zoning Board of Appeals will be meeting with members of
the Planning Board at 7:00 on October 16, 1990, prior to
scheduled hearings.
Bills were signed. Meeting adjourned at 10:45.
Re ectfully submitted,
Edward W. Valanzola
Clerk