HomeMy WebLinkAboutZBA_12231991RECEIVED
ZONING BOARD OF APPEALS " N 0 hAVIS,IELD
MINUTES 92 JAN -g A[110:06
December 23, 1991 MANSFIELD
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The Board of Appeals held a special meeting in the Town Ha1C]�,�5
Mansfield, MA, at 7:30 P.M. Present at the hearing were the
following members: George Wojtkiewicz, Chairman; Mary -Lou
Cotton, Clerk; Karl Clemmey; Eric Butler; Peter DeTrolio,
Associate Member.
Mr. Wojtkiewicz gave a history of the Quigley /Cardelli
application, explaining the hearing took place on November 19,
1991, at which time the decision was tabled until the next
hearing date on December 3, 1991. At that time, a motion was
made to grant a variance with conditions, but Mr. Wojtkiewicz
continued his vote until the next hearing date on December 17,
1991. At that time, Mr. Wojtkiewicz voted in favor of the
motion, but Dr. Sohn was not present at the meeting to discuss
the conditions of the decision. Through a telephone
conversation, Dr. Sohn informed the Board that he would not
attend another meeting. Mr. Wojtkiewicz spoke with Town Counsel
who suggested that the Board meet again to revote as per
Section 12 of Chapter 40A of the General Law as amended. Peter
DeTrolio was appointed as a voting member for this hearing in
place of Dr. Sohn.
Mr. Wojtkiewicz felt that Mr. Cardelli and his abutters could
arrive at a middle ground in which they both would benefit.
Mr. Wojtkiewicz drafted a decision granting the variance with
many conditions which he read into the record. Mr. Clemmey read
into the record additional conditions. Mr. Clemmey asked if
Mr. Cardelli needed a special permit, and Mr. Wojtkiewicz read
the section from the Zoning By -Laws which affected the applicant.
Mr. Wojtkiewicz explained that the applicant is seeking a
variance but also needs a finding and subsequent special permit
from the Board because he is proposing to expand a pre- existing,
nonconforming use.
The conditions were then discussed one by one and listed as
follows.
1. Hours of operation of the gas /diesel /snack shop will not
commence prior to 6:00 A.M. and will not continue after 10 P.M.,
except on Sundays in which hours will not commence prior to
7:00 A.M. Hours of operation of the automotive repair business
will not commence prior to 8:00 A.M. and will not continue after
5:00 P.M. Monday through Friday.
2. Signage will not be illuminated outside of the hours of
operation.
Minutes of December 23, 1991
Page 2 of 3
3. Storage will be contained within the existing building and
there will be no outside storage of inventory except for display
racks during the hours of operation. There will be no outside
storage of waste or surplus except within fenced -in dumpsters as
shown on the Plan of Land. There will be no storage of mobile
and /or tractor trailer containers and similar units, and all
vehicles must be stored in designated parking spaces.
4. The snack shop will not exceed 330 square feet as shown on
the Plan of Land labeled Revision 6,.and although expanded in
shelf space and displays, the snack shop is limited to selling
snack items of the nature it is currently selling.
5. All other use /dedication of space will conform to the Plan
of Land labeled Revision 6, subsequently to be revised and
approved by the Zoning Board of Appeals according to the
conditions herein set forth. Additionally, all fencing,
landscaping, dumpster location, and screening shown on the Plan
of Land are an integral part of this decision and must be
maintained.
6. The doors of the service station bays will be relocated on
the southwest side of the building which will be reflected on the
revised Plan of Land and will not exceed 10 feet by 10 feet.
7. Snow removal /piles will not be placed on the corner of Hope
and Pratt Streets so as not to obstruct the vision of traffic
coming out of Hope Street.
8. It is the responsibility of the owner to provide for the
orderly flow of traffic into, through, and from the site and
prevent detrimental effects to vehicular and pedestrian traffic
on the abutting streets and sidewalks.
9. There will be no additions or changes to existing signage.
10. On -site lighting shall not illuminate abutting properties.
11. The addition of the second (new) gas island closest to the
lot corner will be eliminated, and the applicant must reflect the
changes, specifically the elimination of the gas island and
reduced -size canopy, on a revised Plan of Land.
12. The scope of automotive repair is limited to oil changes and
other similar light repairs (tune -ups, mufflers) and.specifically
excludes engine replacements and auto body work.
13. The Zoning Board of Appeals must give approval to the
revised Plan of Land reflecting these conditions.
(
Minutes of December 23, 1991
Page 3 of 3
14. When all work is completed, the owner will certify to the
Board that all work has been completed.
15. A suggestion was also made by the Board of Appeals that the
owner meet with the Department of Public Works and provide for
the safe passage (sidewalks, berms) on property for children and
pedestrians along Hope Street.
Mr. Butler made a motion to grant a variance to Quigley /Cardelli
subject to all conditions except Condition 11 (eliminating the
outside gas island). The motion was not seconded.
Mr. Clemmey made a motion to deny a variance to Quigley /Cardelli.
The motion was not seconded.
A motion was made by Mrs. Cotton and seconded by Mr. DeTrolio to
grant a variance to Quigley /Cardelli as set forth with
conditions. Mrs. Cotton, Mr. DeTrolio, and Mr. Wojtkiewicz voted
in favor of the motion, and Mr. Clemmey and Mr. Butler voted
against the motion. Motion failed.
A motion was made by Mrs. Cotton and seconded by Mr. Butler to
grant a variance to Quigley /Cardelli with all conditions as set
forth with the exception to eliminate the outside gas island
(Condition 11). Mrs. Cotton, Mr. Butler and Mr. DeTrolio voted
in favor of the motion, and Mr. Wojtkiewicz and Mr. Clemmey voted
against the motion. Motion failed.
A motion was made by Mr. Clemmey and seconded by Mr. Wojtkiewicz
to deny a variance to Quigley /Cardelli. Mr. Clemmey and
Mr. Wojtkiewicz voted in favor of the motion, and Mrs. Cotton,
Mr. Butler, and Mr. DeTrolio voted against the motion. Motion
failed.
A motion was made by Mr. Butler and seconded by Mrs. Cotton to
grant a variance to Quigley /Cardelli with all conditions except
two: the condition to eliminate the outside gas island
(Condition 11) and the condition to provide safe walkways
(Condition 15). Mr. Butler, Mrs. Cotton, and Mr. DeTrolio voted
in favor of the motion, and Mr. Wojtkiewicz and Mr. Clemmey voted
against the motion. Motion failed; Variance is not granted.
The meeting adjourned at 9:30 P.M.
Respectfully submitted,
Mary -Lou Cotton
Clerk
r
Next meeting January 7, 1992