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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