Loading...
HomeMy WebLinkAboutZBA_12231991RECEIVED ZONING BOARD OF APPEALS " N 0 hAVIS,IELD MINUTES 92 JAN -g A[110:06 December 23, 1991 MANSFIELD VjASS1?CV1 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