HomeMy WebLinkAboutZBA_11191991RECEIVED
ZONING BOARD OF APPEALS T0=':'; 0 F [Pj", I'S FIEL0
MINUTES 91 DEC 12 PM 3: 25
November 19, 1991 1ELD
i 1
111 AS of �, f �.CnllaEl
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: George Wojtkiewicz, Chairman; Mary -Lou
Cotton, Clerk; Karl Clemmey; Stanley Sohn; Eric Butler; Richard
Secher and Peter DeTrolio, Associate Members.
The hearing on the application of Michael Kelly for a Variance
from Section 4 Schedule 4.2.1 of the Zoning By -Law to construct
an addition at 17 Fruit Street with less than the required
minimum side yard setback, an expansion of a non - conforming
structure in the R -2 Zone, began at 7:30 P.M.
The application was labeled Exhibit "A"; newspaper advertisement
as Exhibit "B "; and a Plan of Land dated September 19, 1991,
prepared by Hutchins - Trowbridge Associates, Inc., of Mansfield,
MA, as Exhibit "C ". Mrs. Cotton read the Planning Board's
recommendation into the record. With five members present, they
voted two in favor and three opposed to send a positive
recommendation on this application. Mrs. Cotton also read into
the record a letter from an abutter, Donald F. Stockwell of 10
Fruit Street, which stated that he sees no reason to deny
Mr. Kelly permission to construct an addition. Mr. Butler
stepped down from this hearing because he is an abutter.
Mr. DeTrolio was appointed as a voting member for this hearing.
Mr. Wojtkiewicz noted that Mr. Kelly's application did not
include the reasons for seeking a variance and explained to him
the grounds under which a variance may be granted to the
applicant. Mr. Kelly passed out plans of his proposed
construction and explained that when he moved to Mansfield eight
months ago and bought his house, he had intentions of adding onto
the house. He read the real estate advertisement of the house
which stated that the house was a perfect starter home with room
for expansion. Mr. Kelly also stated that he talked to Mr. Cook,
the Building Inspector, before he bought the house, who at that
time told him there would be no problem with obtaining a permit
to construct an addition. Mrs. Cotton asked if he had anything
in writing from Mr. Cook and Mr. Kelly replied no.
Mr. Kelly further explained that the addition would increase the
value of the house as well as the neighborhood. He stated that
the existing house is not big enough for his family. He also
stated that he is in the construction trade, has made numerous
improvements to the house so far, knows other contractors, and
that he would not have bought the house if he knew he would not
be able to construct an addition.
Minutes of November 19, 1991
Page 2 of 10
Mr. Detrolio asked if any neighbors object to the proposed
construction. One abutter was present, Tod Snyder, who stated
that he has no objections. Mr. Kelly stated that his neighbors
are happy with the improvements he has made so far and have no
objections to the proposed construction. Mr. Wojtkiewicz asked
if Mr. Kelly would be willing to buy a piece of land from his
neighbor Rodney Plourde to mitigate the problem, but Mr. Kelly
explained that buying the land would not solve the problem
because the other side of the house, the side which includes the
proposed addition, has the required side -yard setback of 15 feet.
Mr. Detrolio noted that the garage would be attached to the
proposed addition, and if the proposed addition was not attached
to the garage, Mr. Kelly would not need a variance.
Mr. Clemmey asked if the house has town sewerage. Mr. Kelly
replied no, that he has septic. Mr. Clemmey suggested that he
talk to Town Planning to request to get hooked up to town
sewerage. Mr. Kelly explained that he already confronted
Planning and was told that there was no money, but read that the
Town of Mansfield recently received a grant for town sewerage.
Mr. Clemmey then asked if the house is on a foundation, and Mr.
Kelly stated no, that it was on a slab.
Mr. Wojtkiewicz asked if any other abutters were present.
Mr. Kelly restated that the neighbors are all for the
construction. The hearing closed at 7:50 P.M.
The hearing on the application of Edward A. Jaeger for a Variance
from Section 4 Schedule 4.2.1 of the Zoning By -Law to construct
an addition at 361 Williams Street with less than the required
minimum rear -yard setback in the R -1 Zone, began at 7:50 P.M.
The application was labeled Exhibit "A"; newspaper advertisement
as Exhibit "B "; and a Plan of Land dated September 24, 1991,
prepared by DesLauries & Associates, Inc., of East Walpole, MA,
as Exhibit "C ". Mrs. Cotton read the Planning Board's
recommendation into the record. With five members present, they
voted four in favor and one opposed to send a positive
recommendation on this application, and noted that if the house
was built prior to 1975, a variance for only one -tenth of a foot
would be required for setback. Mr. Wojtkiewicz asked if the
house was built after 1975, and Mr. Jaeger replied no, that the
house was over 100 years old.
Mr. Wojtkiewicz read the grounds for seeking a variance from the
application and further asked that the applicant explain his
hardship. Mr. Jaegar explained that there is an existing 12 foot
by 12 foot concrete patio at the rear of his house, and since he
does not know how far down the patio goes, he plans to remove it.
The proposed addition would then be placed over the area where
the patio existed and continue a few feet over. Mr. Jaegar
Minutes of November 19, 1991
Page 3 of 10
further explained that he could not construct the addition on the
other side of his house because that is where his kitchen, dining
room, and sink is located, and to change the layout of his house
would substantially add to the cost of his proposed construction.
The proposed addition at the rear of his house was more logical.
He also stated that the existing house is too small for his
family.
Mr. Wojtkiewicz asked if there is any development in the back of
Mr. Jaegar's house. Mr. Jaegar said no, there are woods.
Mr. DeTrolio asked who built the deck and when. Mr. Jaeger
explained that he built the deck, but that it was a replacement
of an old, unsafe, rotting deck. Mr. DeTrolio then asked if he
obtained a permit, and Mr. Jaegar replied no, that he didn't know
he needed one. Mr. Clemmey explained that he could have a
problem in the future if he sells the house. Mr. Wojtkiewicz
asked when Mr. Jaeger purchased the house and Mr. Jaeger replied
in Christmas of 1986. Mr. Wojtkiewicz asked if anybody noticed
at the time of purchase that the deck was nonconforming, and
Mr. Jaeger replied no. Mr. Wojtkiewicz then explained that
Mr. Jaegar's application should be amended because the deck is
nonconforming. Mr. Wojtkiewicz then informed Mr. Jaeger to
resubmit his Plan of Land after his engineer includes the
setbacks of the existing deck.
Mr. Butler asked if the house has cesspool or septic, and
Mr. Jaeger explained that he has a cesspool, the old stone type.
No abutters were present. The hearing closed at 8:05 P.M.
The hearing on the application of Franklin D. Quigley of
Greenbrier Associcates of Springfield, MA, for a Variance from
Section 1.5.19 and Section 4 Schedule 4.2.1 of the Zoning By -Law
to construct an addition (service station canopy) to an existing,
non - conforming structure at 157 Pratt Street with less than the
required minimum front, side, and rear yard setbacks, and special
permits from Section 5.5 to add a convenience store and replace
existing signage, an expansion of a non - conforming use in the R -2
Zone, began at 8:05 P.M.
The application was labeled Exhibit "A "; newspaper advertisement
as Exhibit "B"; and a Plan of Land dated July 13, 1991 (Revision
5), prepared by Greenbrier Associates of Springfield, MA, as
Exhibit "C ". Mrs. Cotton read the Planning Board's
recommendation into the record. With five members present, they
voted two in favor, two opposed, and one abstention to send a
positive recommendation on this application.
Mr. Wojtkiewicz explained that this application was submitted a
few months earlier, the applicants postponed which led to
confusion, so the Zoning Board recommended the applicants reapply
and start fresh with a new application and new plans.
Minutes of November 19, 1991
Page 4 of 10
Mr. Wojtkiewicz then read the grounds for seeking a variance from
the application.
Franklin Quigley presented the case before the Board.
Mr. Quigley introduced Enzo Cardelli, the owner of the service
station, and Randall Bragdon, the engineer for the proposed
construction. Mr. Quigley explained that the designs for this
project have been worked on for the past year and that
Mr. Cardelli, Mr. Bragdon, and he have worked very closely with
the Fire Department, Police Department, and a voluntary committee
through preliminary Site /Plan Review meetings. Mr. Quigley
stated that this project allows for a safer means for operating
the present business. The proposal includes removing the
existing gas island, which is too close to Pratt Street, placing
it closer to the center of the property, and adding a second gas
island. Presently there is one gas island, and when cars wait to
be fueled, they are backed onto Pratt Street. Mr. Quigley
further explained that the present entrances /exits will be
removed and placed in a safer place. The diesel fuel will be
moved to the back of the property, and trucks will enter and exit
in a one -way direction -- enter from Hope Street and exit onto
Pratt Street. The existing fuel storage tanks will be removed
and replaced with a state -of- the -art fuel storage system which
will include fire suppression, which is in the interest of public
safety. The property will include an oil /water separator and
drainage system which will funnel all petroleum products. The
property will include landscaping, a fenced -in dumpster, and
handicap parking. The existing building will be refurbished and
will include a further addition of a snack shop, which will both
have a brick facade similar to the library in the rear.
Mr. Quigley noted that the proposed plan takes all suggestions
from the preliminary Site /Plan Review meetings, that the service
station will be more in tune with the 1990's -- safer, nicer -
looking -- and that no more cars will be fueling in front and
onto Pratt Street. He explained that to further adhere to the
Zoning By -Laws would create a substantial hardship to compete in
today's market. Mr. Quigley explained that the proposed canopy
is a roof structure, not a physical structure, and the see -
through nature of it will not obstruct the view. The expansion
of the building and addition of the snack shop is necessary to
continue with the present business and be more competitive.
Mr. Clemmey asked why the applicants prepared all this work
(extensive plans, drawings, etc.) through meetings with the
various Town Departments before first coming to the Zoning Board
to obtain a Variance. Mr. Quigley explained that he understands
a Variance is required, and wanted to prepare the best possible
case before appearing before the Zoning Board. Mr. Clemmey then
asked if they have met with the neighbors of the property and
have given them the same presentation. Mr. Quigley stated that
Minutes of November 19, 1991
Page 5 of 10
one meeting has taken place. Mr. Bragdon submitted to the Board
a letter from his company dated August 30, 1991, from Souhegan
Valley Engineering, Inc., of Milford, New Hampshire, notifying
all abutters of a meeting scheduled for September 12, 1991, for
the purpose of answering any questions the abutters may have
regarding the project.
Dr. Sohn asked how many service bays the proposed building will
include. Mr. Cardelli stated two bays, the same as what is
currently in the existing building. Dr. Sohn asked what the
hours will be. Mr. Cardelli stated the bays will be open from
8:00 A.M. - 5:30 P.M., and the gas station and store and will be
open from 6:00 A.M. - 10:00 P.M.
Mr. Butler asked why the trend for service stations seems to be
away from service (bays) and toward mini - marts. Mr. Quigley
explained the theme to follow suit is to keep the service bays
and to additionally sell snack items. That way Mr. Cardelli will
keep his current clientele. Mr. Butler noted that the property
is a cramped site and that there are only three parking spaces
and one handicap space. Mr. Quigley stated that there are two
more parking spaces in the rear. Mr. Butler asked where all the
cars will be parked that are serviced in the bays. Mr. Quigley
explained that Mr. Cardelli intends to downsize his current
operation from major engine work to tires, oil changes, and small
repairs, and that no overnight parking will be required.
Mr. Clemmey asked if Mr. Cardelli has attempted to buy the piece
of land on Hope Street abutting his property. Mr. Quigley stated
that they have tried to purchase approximately 20,000 square feet
with no luck and realize that buying the land would eliminate the
need for a variance for the rear setback. Mr. Wojtkiewicz
expressed his concern about the canopy overhang and its close
proximity to the property line and the possibility of cars and /or
trucks being backed up onto Hope or Pratt Streets waiting to be
fueled. Mr. Quigley explained that there are three spaces on
each side per island -- two fueling and one in a waiting space --
and there is a small possibility to have more than 12 cars at any
one time. Mr. Wojtkiewicz suggested removing one of the proposed
gas islands and reducing the size of the canopy.
Mr. Clemmey expressed his concern about the one -way truck route
through a residential neighborhood (Hope Street). Mr. Quigley
explained that the trucks are entering through Hope Street
currently, and that creating a one -way pattern will make the
truck route safer, more organized. Mr. Quigley stated that the
one -way pattern was a suggestion from the preliminary Site /Plan
Review meetings. Mr. Clemmey asked where the letters are from
the Committee, and that the applicants should have brought them.
Minutes of November 19, 1991
Page 6 of 10
Mrs. Cotton expressed her concern about trucks waiting to enter
if all parking is occupied and cars are waiting to be fueled.
Mr. Quigley then expressed his willingness to withdraw the
proposed rear addition and also noted that a special permit would
not be needed for signage as there will be no sign changes.
Mr. Quigley stated that he would obtain all correspondence
between themselves and the various Town Departments and submit
them to the Zoning Board.
Dr. Sohn asked if the service station will remain full - service,
and Mr. Quigley stated that at the present time the gas islands
will remain full- service, but that they could not guarantee that
some time in the future some of the pumps will be self - service.
Mr. Clemmey expressed his concern about the truck traffic and the
limited radius of trucks entering onto the property to be
serviced. Mr. Bragdon explained that all measurements were
thoroughly checked, that the island on Hope Street was added as
per the last Planning Board meeting, and the radius has been
checked so that a 50 foot truck can make the turn around from
Hope Street into the entrance. Mrs. Cotton commented that the
calculations are good under idealistic circumstances, but that
cars that are parked in the lot or waiting to be fueled may be in
the way of the trucks entering. Mr. Quigley explained that
Mr. Cardelli realizes it will be his responsibility to keep the
lot free and uncongested if he wants the truck business.
Mr. Cardelli stated that he was not willing to withdraw the
proposed rear addition as he has no room for storage. He
explained that he is trying to make the station safer, look nicer
-- in uniform to the neighboring library -- with many
improvements. Mr. Quigley explained that the changes are
positive and safer.
There were several abutters in attendance. One abutter asked
what the extent of the proposed addition would be, would it
include a snack shop or a convenience store. Mr. Quigley stated
that it could be compared to the Mobil Mini -Mart down the street.
Mr. Cardelli added that he would like to sell candy, snacks,
bread, and milk. Another abutter stated that the Mobil station
has more property and places to park, and that Mr. Cardelli's
property is too small to include a convenience store. One
abutter expressed the concern that there is no place to park,
there are too many accidents occurring now, and an increase in
traffic would only add to the congestion. Another abutter noted
that the Town of Mansfield is saturated with convenience stores
as there are six stores in a three -mile radius. Mr. Clemmey
stated that Mr. Cardelli may need a variance for a retail store
and noted that 1,200 square feet is a lot of room for a
convenience store. Mr. Quigley stated that traffic and safety
are a problem currently, but the proposed changes would
Minutes of November 19, 1991
Page 7 of 10
drastically reduce the safety problems. Mr. Quigley stated that
they are not planning to include a convenience store the size of
Cumberland Farms, that Mr. Cardelli plans to downgrade his
service bays and upgrade his retail operation.
Abutters also expressed their concerns about safety insofar as
children walk home from school and cross Hope Street and
Route 106 and there is no sidewalk on Hope Street next to
Mr. Cardelli's property line. Since trucks will be entering from
Hope Street, there is more of a chance of accidents happening.
Additionally, if the building will include a convenience store,
there will be more children crossing the streets and entering
into the property for snacks, as well as children using the
property as a hang -out. One abutter asked how many feet there
would be between the store and a car fueling at the inside gas
island, as his concern is children walking through the property.
The third concern of the abutters is the outside storage
containers and the need for them to be cleaned up.
Mr. Butler asked what the proposed addition in the rear of the
existing building will include -- two service bays or a storage
area. Mr. Quigley stated that the rear addition will be used for
minor repairs and storage to eliminate the outside storage
containers. Mr. Butler noted that the existing business includes
only one gas island, which services both cars and trucks, and
that the proposed business will include three islands, two for
cars and one for trucks, which could increase the present
business more than 100 percent. Mr. Quigley explained that the
proposed additional islands will more safely fuel the cars and
trucks that would be waiting on the street if there were only one
island.
Mr. Secher asked how much of the existing building and /or
proposed addition of the building will be used for service.
Mr. Quigley explained that one -third of existing building will be
used for storage, the office and coolers will take up a lot of
space, and that the service area will expand from 400 to 800
square feet.
Mr. Wojtkiewicz explained that the Board realizes that the
current business cannot operate as it is, it needs improvements,
and it is the responsibility of the Board to decide which parts
of the project are good and which parts need to be changed. The
hearing closed at 9:05 P.M.
A motion was made by Mrs. Cotton and seconded by Mr. Clemmey to
grant a variance to Michael Kelly. Unanimously granted.
A motion was made by Mr. Clemmey and seconded by Mrs. Cotton to
grant a variance to Edward Jaeger with the condition that
Minutes of November 19, 1991
Page 8 of 10
Mr. Jaeger add the setbacks and dimensions of his deck to his
Plan of Land and resubmit five copies of same. Unanimously
granted.
The Board then opened up Franklin Quigley's hearing for
discussion before making a motion. Mr. Clemmey felt that the
applicant did not sufficiently prove a hardship and that they
should have brought all correspondence from the various Town
Departments with which they have worked. Mr. Clemmey was
concerned about the water protection district across the street
and felt the project did not include enough water /oil separators.
Mr. Clemmey stated that the project derogates from the Zoning By-
Laws and Master Plan of the Town.
Mr. Wojtkiewicz agreed that the plan has a lot of deficiencies.
Mr. Wojtkiewicz felt that the addition of the second set of pumps
is a real problem as it would not solve the current traffic
problem. Mr. Wojtkiewicz suggested that Mr. Cardelli try to buy
a piece of property from Teddy Copparini and rethink the entire
plan. Mr. Wojtkiewicz felt that the plan is an imaginative way
to improve the current business and manages to do a lot, but the
property is too small to propose doubling the amount of cars and
trucks and adding a convenience store, all of which would add
more traffic. Mr. Wojtkiewicz agreed that the property should be
upgraded, but suggested first acquiring more land and then
demolishing the existing building and starting fresh instead of
trying to refurbish the current building. Mr. Wojtkiewicz also
acknowledged that it would not be good to deny the variance.
Mr. Quigley agreed it would be worse if the current business
stays as is.
Mr. Wojtkiewicz asked if the diesel /truck business is important,
and Mr. Quigley replied extremely important. It was suggested
that the diesel pumps be moved to the rear of the property, but
Mr. Quigley explained that visibility of the diesel pumps is
important, and that they did not wish to move the diesel pumps to
the rear. Mr. Butler reiterated that there is too much happening
on too small a piece of land -- gas /cars, diesel /trucks,
convenience /food -- and asked how big the property is.
Mr. Cardelli stated that the existing lot has 17,000 square feet,
and explained that he has approached Teddy Copparini who is
willing to sell a piece of property to him, but Mr. Cardelli did
not want to buy the land if he would not be approved to expand
his business and use it.
Dr. Sohn asked if the existing building can be altered to change
the service bay entrances /garage doors to the side, and
Mr. Quigley replied yes. Dr. Sohn felt that this change would
create more parking spaces. Dr. Sohn asked if the proposed
addition in rear is eliminated, would the existing storage
containers also be eliminated. Mr. Cardelli explained that he
Minutes of November 19, 1991
Page 9 of 10
has no room now, that is why he is trying to
and that he feels the improvements are good.
inquired about snow removal, and asked if it
from the road. Mr. Cardelli stated that it
responsibility to make sure the snow removal
or be stored on the corner of Hope and Pratt
expand the building,
Mrs. Cotton
would be pushed away
could be his
would not interfere
Streets.
Mr. Wojtkiewicz asked how trucks can be prevented from entering
into the property from Route 106, and Mr. Cardelli replied with a
sign. Mr. Quigley explained that truckers are professional
drivers, that Mr. Cardelli has a steady clientele, and that they
will follow directions (the one -way pattern).
The decision of Franklin Quigley was tabled until the next
hearing on December 3, 1991, at which time the applicants will
research purchasing the piece of property from Teddy Copparini,
redraw the plans eliminating the rear addition and including the
specific layout /division of the proposed building, and obtain
copies of all correspondence between themselves and the various
Town Departments.
Mr. Wojtkiewicz announced the birth of Debra Bloom's baby.
Mr. Wojtkiewicz read the short- and long -term goals of the Zoning
Board he wrote up and read before the Town Manager and other Town
Boards.
Mr. Wojtkiewicz requested Terri Shaw to work with Mary Lou Cotton
and /or Judy Scott, Town Clerk, in preparing the Annual Report of
the Zoning Board which is due December 3, 1991.
Mr. Wojtkiewicz read the Zoning Board's proposed budget for
fiscal year 1992 -1993 and asked if there were any comments or
changes. There were none.
The minutes of October 15, 1991, were approved.
The tabled decision of the Cabot Partners application was
discussed (Variance from Section 4 Schedule 4.2.2 and Section
1..5.17a of the Zoning By -Law to allow for less than the minimum
required frontage on parcels defined as follows: Assessor's Map
44, Lots 870 and 880; and less than the required lot width on
parcels defined as follows: Assessor's Map 44, Lots 860, 870,
and 880 in the I -1 Zone). Mr. Wojtkiewicz explained that from
the research of the easement Cabot Partners is intending to give
the Town of Mansfield, it has been determined that no easement
has been legally granted as yet, but all papers have been drawn
up. Mr. Wojtkiewicz has spoken to Bill Williams, the Town
Manager, and has made sure the easement does not stipulate that
the town land will be used for recreational purposes only.
Mr. Clemmey reiterated that he feels Cabot Partners have not
Minutes of November 19, 1991
Page 10 of 10
sufficiently proven a hardship and that a variance should not be
granted without the Plan of Land indicating proposed
construction /buildings. Mr. Clemmey also felt that granting the
variance would substantially derogate from the Zoning By -Laws.
Mr. Wojtkiewicz asked what the timeframe is on the application,
and since the 100 -day application period was drawing near, he
suggested that the Board vote on the application.
A motion was made by Dr. Sohn and seconded by Richard Secher to
grant a variance to Cabot Partners. Mr. Secher, Mrs. Cotton,
Mr. Wojtkiewicz, and Dr. Sohn voted in favor of the motion.
Mr. Clemmey voted against the motion. Motion approved.
Mr. Secher noted that a property on West Church Street close to
his apartment may be illegally used as a duplex. He explained
that Anthony DurBano came before the Board earlier and seemed to
remember that a variance was granted to use the building as a
single - family only. Terri Shaw was requested to pull the file so
Mr. Wojtkiewicz could review and ask Zoning Enforcement to check
into the matter.
The meeting adjourned at 10:30 P.M.
Respectfully submitted,
Mary Lou Cotton
Clerk
Next Meeting December 3, 1991