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HomeMy WebLinkAboutZBA_12011992ZONING BOARD OF APPEALS MINUTES December 1, 1992 REr'_ 1!t! 17 92EEC IE F11 1,: 39 t _„ _ P The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA, at 7:35 P.M. Present at the hearing were the following members: George Wojtkiewicz, Chairman; Mary -Lou Cotton, Clerk; Leonard Flynn; Karl Clemmey; Eric Butler; Peter DeTrolio, Associate Member; Richard Secher, Associate Member, and Richard Lewis, Zoning Board of Appeals Advisor. The hearing on the application of William Sarro for a variance from Section 4, Schedule 4.2.1 of the Zoning By -Law, for an existing non - conforming structure at 795 Maple Street with less than the required rear yard setback in the R -1 Zone began at 7:35 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of Land dated October 21, 1992, prepared by Rim Engineering Co., Inc., of Mansfield, MA as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the record. With six (6) members present they voted unanimously to send a positive recommendation on the application for the following reasons: The original house as constructed conformed to the By -Laws. The deck was added to the rear after occupancy as the owner thought a deck had been approved; and about 40 feet beyond the rear line of the lot there is a wooded wetland which gives the appearance of having additional property. Additional rear land cannot be acquired for this property. Mr. Wojtkiewicz asked Mr. Sarro to explain his hardship. Mr. Sarro explained that the original house as constructed was conforming. A deck was added to the rear of the house shortly after occupancy, as Mr. Sarro believed that the deck had been approved as part of the original building permit. Later the deck was enclosed to be a screened in porch. Before Mr. Sarro screened the porch in, he spoke to the Conservation Commission. About 40 feet beyond the rear line of the lot there is a wooded wetland about 80' wide. All construction and land use on the neighboring lots to the rear occurs on the far side of the wetland. This situation gives the lot an appearance of having an additional 40 feet to the rear. Mr. Sarro thought he had more than sufficient distance to the rear line when he added the deck. Mr. Sarro does not wish to tear down a part of his home, and additional rear land cannot be acquired for Minutes of December 1, 1992 Page 2 of 6 his property. The problem was found when Mr. Sarro went to refinance his home. Behind his house is wetlands, then a river, then more wetlands, then backyards and then houses. Mr. Sarro's house is set back so far is because of the wetlands in his front yard. The hearing closed at 7:45. The hearing on the application of Great Woods, Inc. for a variance from Section 4.4.4.5, "Materials" which require paving and curbing of all parking areas, and from Section 4.4.4.6, "Parking Spaces" requiring marking of all off -street parking spaces, for new parking associated with expansion of the Great Woods Center for the performing Arts, located at 888 South Main Street in the 1 -1 Zone began at 7:45 P.M. The application and various attachments were labeled Exhibit "A "; newspaper advertisement as Exhibit "B"; and a Location, Key and Vicinity Map Plan, New Parking Lot dated November 6, 1992, prepared by H.W. Moore Associates, Inc., Engineers and Planners, Boston, MA, as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the record. With six (6) members present they voted unanimously to send a positive recommendation on the application for the following reasons: The parking area is seasonal and would be used infrequently, between 18 to 30 times a year; the parking lot would be used for overflow or parking backup; similar provisions for overflow parking areas remaining unpaved have been made in other special permits granted by the Planning Board; and the crushed stone surface will help put the water back in the ground more quickly than a paved surface. Mrs. Cotton read a memo from the Conservation Committee into the record. In September, 1987, a variance was granted and resulted in portions of the parking lot being left with a stone or gravel surface. Following the presentation by the John Drew Co., the Commission voted 7 -0 -0 in favor of supporting the current variance request which seeks to leave the expanded parking area unpaved. Such a surface would increase ground water infiltration and reduce post - development peak run -off rates. Mr. Secher was appointed voting member in place of Mr. Clemmey. Mr. Clemmey is an abutter so he stepped down, but he remained in the room to protect his rights as an abutter. Mr. Flynn made a statement. He is involved with the Natural Resources Trust in development of the so -called concept which involves the Lego Land Theme Park in Norton and the surrounding conservation land. Mr. Flynn has been meeting in the Executive Offices of Environmental Affairs with the John Drew Corporation, members of the Office of Environmental Affairs, private and public land trusts, and representatives of the Conservation Commissions of both towns.. He was concerned Minutes of December 1, 1992 Page 3 of 6 because of this involvement he might be in conflict. He contacted the office of Ethics and spoke with Mr. David Murphy. Mr. Murphy did not feel he was in conflict. Mr. Flynn does not feel he is in conflict but Mr. Murphy suggested that Mr. Flynn publicly state his dealings with the applicant and write a letter to the Selectmen. Mrs. Cotton read the grounds of the application into the record. Due to topography, soils, slope, and proximity to wetlands, the parking areas are necessarily remote to the main facility and anticipated to be utilized up to 30 times per year as overflow for shows with large attendance; Due to the unique seasonal use of the facility and the expected infrequent use of the parking area, the relief requested will not generally affect the zoning district in which it is located; Literal enforcement of the specific requirements stated above will create undo financial hardship which is not commensurate with the limited anticipated use; Literal enforcement of the By -Law will create greater environmental impacts on wetlands. Furthermore, the paved lots create a nuisance attraction for trespassers to speed on these lots during the off - season and non- performance days; and because of the uniqueness of the facility and the reasons stated above, the request will not result in substantial detriment to public good nor nullify or substantially derogate from the intent or purpose of the By -Law. Mrs. Cotton read a letter from Jesse Earls, Chief of Police, Mansfield Police Department, into the record. Given the large expanse of parking area at Great Woods, paving the new expansion lot (over 1,600 spaces) will encourage individuals to drive at excessive speeds for the existing conditions. The paving of this lot would increase the likelihood of injuries from accidents. Accidents that occur within the perimeter of the facility are of the minor "fender bender" variety, with no injuries to the people involved. Therefore, they encourage the new parking lotto be of crushed stone. Completely paving this expansion lot would contribute to flooding, which makes traffic control much more difficult. The existing condition of the crushed stone parking lots work well and do not in any way compromise public safety and enhance public safety. Mr. Wojtkiewicz asked Rayna Rubin, Project Manager, to explain the hardship that is involved; that this is in the interest of the public good; and that it does not derogate from the intent of the By -Law. Ms. Rubin explained that they are only requesting a variance for the non - paving of the lot. They have gone before the Conservation Commission and received a letter of condition. The Selectmen have been approached and have stated certain conditions that they would allow expansion. If they wanted to put this lot closer and make it more useful it could not be done. The nature of the area with wetlands and with the hydrology makes it a remote lot. As a remote lot it is only usable as overflow for the larger shows, of over 10,000 and up. Those shows have occurred between 18 and 30 Minutes of December 1, 1992 Page 4 of 6 times over the past few years for a duration of 4 to 5 hours. This is compared to a shopping center which is used 300 or more days a year for a 10 -12 hours period or an office building which is used 200 days a year for 8 or more hours a day. The By -Laws do not have a provision for any limited use. In regard to the safety and public good, they have operated since 1988 without any safety problems. There are some environmental benefits as discussed with the Conservation Commission and the Office of Environmental Affairs. The cost associated with fully paving the lot is not commensurate with the use; that would be a financial hardship. Mr. Larry Keats, Engineer from H.W. Moore, discussed the design of the lot, how it relates, protecting the drainage system, maintenance and parking. The parking lot is designed to comply with the Zoning By -Law and has incorporated a subsurface drainage into it. There are 3 different drainage lots on different sides of the parking lots. The drainage systems consist of catch basins which collect the water. There is curbing around the parking lot which channels the water to the catch basins. There are two basins; an eastern and western one. The eastern one drains to the Norton Reservoir. The western one, drains off to the west, works its way around the Great Woods Complex and eventually works its way to the Norton Reservoir. It was explained that there is no sanding operation needed because it is a seasonal operation and that each car is parked by staff, ushered in and parked individually. Mr. Wojtkiewicz asked that if the average use is 18 -30 times a year for these remote lots, and there are four remote lots now that are not paved, how can you represent to the Board that in the future, say 5 -10 years, all the lots won't be used? Ms. Rubin explained that it is totally unrealistic. The number of shows do not change, the attendance numbers remain stable over the years and many shows are contracted out to only sell a certain number. Great Woods opened in June, 1986 and the number of shows has actually gone down in recent years. Mr. Wojtkiewicz asked if Lego Land would impact Great Woods? The only impact would be that they would try to book more family type shows. There is no connection between the two. Mr. Wojtkiewicz brought up the parking problem. Ms. Rubin explained that they have been looking into these problems for years; noise, traffic problem, air quality and water quality. They cannot expand without road improvements and they will have to prove these things to the State and also that the noise levels won't be increased. Minutes of December 1, 1992 Page 5 of 6 Mr. Butler asked if they were looking at a Phase I and Phase II for the parking situation. They replied no, it will all be completed at the same time. Mrs. Cotton asked if the other remote lots will be used as permanent lots? They replied no, they will only be used for overflow. And the police decide which lots will be used. The hearing closed at 9:00 P.M. The hearing on John and Marion O'Connell, 1Dean Street, tabled from November 17, 1992, was opened at 9:00 P.M. Mrs. O'Connell presented her revised plans. The deck which connected the house to the garage was removed from the plans. There is now an open space between the house and garage, no deck, just a walkway. Mr. Paul Boyden, a neighbor from directly across the street, gave a positive recommendation for the addition. The hearing closed at 9:05 P.M. A motion was made by Mrs. Cotton and seconded by Mr. Butler to grant a motion to William Sarro. Unanimously granted. Reasons: Not a significant problem; doesn't derogate from the Zoning By -Laws; and is not detrimental to the public good. Put into the decision to cover the deck and the bulkhead as shown on the plan. A motion was made by Mr. Butler and seconded by Mr. Clemmey to grant a variance to John and Marion O'Connell. Unanimously granted with conditions. Reasons: The house has been there a long time; pre - existing non - conforming structure; doesn't derogate from the Zoning By -Laws; not detrimental to the public good. Condition: The peak of the addition shall not be higher than the peak of the existing house. A motion was made by Mr. Flynn and seconded by Mr. Secher to grant a variance to Great Woods, Inc. Unanimously granted. Reasons: Received positive recommendation from the Planning Board, complies with By -Laws; from a conservation aspect it is ecologically correct; there is no dust from gravel; the frequency of use would not increase. Mr. Wojtkiewicz asked Mr. Lewis to draft a letter to the Baptist Church to clarify the matter regarding Mario and Monika Marcaccio, 999 East Street. Minutes of December 1, 1992 Page 6 of 6 Mr. Wojtkiewicz asked Mr. Lewis to research granting an extension. Cabot Partners, 21 Oxford Road have requested a six month extension in which to execute their variance. Mr. Wojtkiewicz brought up the Jeep Eagle (Paul Connor) case. Mr. Lewis explained that Mr. Cook disagrees with the ZBA and Attorney Bennett. Mr. Connor needs variances from at least 6 different sections and needs to discuss with Bert exactly what he needs a variance for before we can advertise. Mr. Lewis's recommendation is that Mr. Connor needs to get his Site Plan into line with what he has to do, parking, handicap parking, etc. Next, Mr. Connor should talk with the Planning Board and maybe he can fix some of these problems with the Site Plan. It is now up to Mr. Connor to make the next move. A motion was made by Mr. Butler and seconded by Mr. Clemmey to send a letter to Town Counsel explaining the Paul Connor situation and ask what he advises the ZBA to do. Unanimously approved. The Minutes of November 17, 1992 were unanimously approved. Mr. Wojtkiewicz stated that we should invite the Planning Board to our meeting on January 19, 1993, and schedule the hearings starting at 8:30 P.M. Mr. Clemmey wanted it noted in the record that he had no discussion with either Great Woods or Jeep Eagle. The meeting closed at 10:00 P.M. Respectfully submitted, (-/; % ey. emu, lam- Mary-Lou Cotton, Clerk