HomeMy WebLinkAboutZBA_02021993ZONING BOARD OF APPEALS
MINUTES 93 ti A i m i @l (.: 0?
February 2 1993 ` )
The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA, at
7:40 P.M. Present at the hearing were the following members: George Wojtkiewicz,
Chairman, Mary-Lou Cotton, Clerk; Leonard Flynn; Eric Butler; Richard Secher,
Associate Member; and Richard Lewis, Zoning Board of Appeals Advisor.
The hearing on the application of Susan and Robert Jean for a variance from Section 4,
Schedule 4.2.1 of the Zoning By -Laws for an existing structure with less than the
required sideyard setback at 499 Ware Street in the R -1 Zone began at 7:40 P.M.
The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and
a Certified Plot Plan of Land dated January 9, 1991 prepared by Ralph I. Maloon,
Professional Land Surveyor, 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.
Mr. Secher was appointed voting member in place of Mr. Clemmey.
Mr. Wojtkiewicz asked Mrs. Jean to explain her hardship.
Mrs. Jean explained that they built their house, and right now they have a temporary
occupancy permit. When the last plot plan was done they found that the bay window
extends six inches beyond the 25 foot sideyard setback. They are requesting a variance
for a 24 foot 6 inch sideyard setback.
The hearing closed at 7:50 P.M.
The hearing on the application of Mansfield Jeep Eagle Chrysler Plymouth for a
variance from Section 4.3 Screenings and Buffers, Section 4.4.1 Off Street Parking
Schedule, Section 4.4.2 Off - Street Loading Requirements; Section 4.4.4.7 Loading
Spaces, Section 4.4.4.8 Lighting Direction, Section 4.4.4.9 Entrance /Exit Drive
Widths and Location, Section 4.4.4.13 Screening and Set Backs, Section 4.4.4.14, 10
Foot Landscape at Street, 4.4.4.15 Parking Barriers, 4.4.4.16 Aisle and Maneuvering
Spaces, 4.5 Corner Lots, 4.7.2 Industrial District Signs, 4.7.5.4 Flags and Pennants,
Minutes of February 2, 1993
Page 3 of 5
Mr. Flynn suggested he will go through the list of requested variances; read what they
are and the applicant can make comments.
Section 4.3 Screenings and Buffers. Mr. Connor explained it will be a stockade fence.
Section 4.4.1 Off Street Parking Schedule. Mr. Connor explained he could not put on
the plot plan all of the necessary spaces to meet the zoning law. They would need 24
spaces just for the auto repair garage; additional spaces for proper display areas for new
cars; and also one space for each employee.
Section 4.4.2 Off -Street Loading Requirements. Mr. Connor explained the loading
area is only where parts are delivered by Chrysler. They are only delivered early
morning or in the middle of the night to the Chauncy Street side of the building at an
overhead door, that is approximately 3 feet from the town boundary.
Section 4.4.4.7 Loading Spaces. Mr. Connor cannot meet that requirement unless he
tears down half of the building.
Section 4.4.4.8 Lighting Direction. Mr. Connor explained a permit was given for the
lights. They have not changed the direction of the lights or are adding more lighting
towers on the lot. They are adding a few lights to the side of the building for security
and safety reasons.
Section 4.4.4.9 Entrance /Exit Drive Widths and Location. Mr. Connor explained they
are required to have 50 feet to the curb line of an intersecting street. It is not 50 feet
from Rt. 106, but it is within 50 feet of Chauncy Street.
Section 4.4.4.13 Screening and Set Backs and Section 4.4.4.14, 10 Foot Landscape at
Street. Mr. Connor would have to take away land from his dealership in order to have
10 feet of green buffers.
Section 4.4.4.15 Parking Barriers. These are concrete and steel barriers. Most of his
property has only curbs, in order to drive the cars in and out. What they plan to do is
put in poles to keep the cars from being stolen.
Section 4.4.4.16 Aisle and Maneuvering Spaces. The way the cars are arranged they
could meet that standard; they could widen each space but it would take away spaces.
Minutes of February 2, 1993
Page 5 of 5
Mangaratti. Mrs. Cotton read the affidavit into the record. The affidavit described in
detail each step that is followed when preparing each application; hearing notifications,
abutter list, etc.
Mr. Wojtkiewicz asked Karen Lawlor if she wants to sign this affidavit. She replied
yes and it is a correct account of what process was followed when preparing his
application.
Mrs. Cotton read a letter from John Mahoney, Esq., (regarding Kingman Avenue)
dated February 1, 1993 into the record. Attached as indicated is the designation of the
parts of the record to be included in the appendix and the statement of issues to be
presented for review.
The Minutes of January 19, 1993 were unanimously approved.
Richard Lewis passed out a copy of the Proposed Annual Report. Mrs. Cotton read it
into the record. The Zoning Board of Appeals held twenty (20) regular meetings in the
1992. Forty-four (44) applications were received of which thirty -one (3 1) requests were
approved; eight (8) were denied; four (4) were withdrawn; and one (1) is still pending.
Many of the applications proposed changes to existing residential structures. The Zoning
Board is working with the Planning Board to modify the requirements for these types of
applications in order to simplify the review and permit granting process. This modification
will be presented to the Town Meeting for a Zoning By -Law change.
The meeting closed at 9:00 P.M.
Respectfully submitted,
Mary -Lou Cotton,
Clerk