Loading...
HomeMy WebLinkAboutZBA_07201993ZONING BOARD OF APPEALS MINUTES July 20, 1993 0 • �t J' 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; Leonard Flynn; Eric Butler; Peter DeTrolio, Associate Member; Richard Secher, Associate Member; and Richard Lewis, Zoning Board of Appeals Advisor. Peter DeTrolio was appointed voting member in place of Karl Clemmey. The hearing on the application of Richard and Susan Charbonnier for a variance from Section 3.8.1a and Schedule 4.2.1 of the Zoning By -Laws to allow an already constructed deck to be located less than 10 feet away from a detached garage and less than 30 feet away from the rear property line; said deck is attached to an existing non- conforming structure with less than the required front and rear yard setbacks on an undersized lot located at 21 Newton Street in the R -3 Zone. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Plan of Land dated April 12, 1993 prepared by Hutchins- Trowbridge Associates, Inc., Mansfield, MA, as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the record. With seven (7) members present they voted three (3) in favor with four (4) abstentions to send a positive recommendation on the application. Mr. Wojtkiewicz asked Mr. Charbonnier to explain his hardship. Mr. Charbonnier explained that he was granted a variance in June of 1992 and at that time the proposed deck was approximately 88 square feet. The addition was intended for his mother -in -law. When they got to the construction of the deck, the door would swing in 3 feet and make the deck very cramped, so they decided to extend the deck. Mr. Charbonnier did not believe he was doing anything wrong since he had already received a variance for an addition with less than the required rear yard setback. The as -built plan was presented and when his request for an occupancy permit was denied he realized there was a problem. The hearing closed at 7:45 P.M. Minutes of July 20, 1993 Page 2 of 6 Richard Secher was appointed voting member in place of Karl Clemmey. The hearing on the application of Carlos Andrade for a variance from Section 3.5.6 (Fast Food Restaurant) and Section 3.10.4 (Non - Conforming Uses) of the Zoning By- Laws for the expansion and alteration of an existing fast food donut shop, by the addition of a drive -thru window, located at 45 Chauncy Street in the B -2 Zone began at 7:45 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit 'B "; a Plan of Land dated May 21, 1993 prepared by Kenneth G. McKenzie, Professional Land Surveyor, Foxborough, MA, as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the record. With seven (7) members present they voted five (5) in favor with two (2) opposed to send a negative recommendation on the application. The Planning Board is primarily concerned that adding a drive -up window to this already congested parking area may result in a decrease in public safety if new turning movements and a potential for increased traffic volume and frequency are added to this area. Further, no buffers have been proposed for the site and the radii at the drive -up window and entrance are such that a traffic safety issue may result. Mr. Wojtkiewicz asked Mr. Andrade to explain his hardship. Mr. Lou DeAngelis, a representative from Dunkins Donut, explained that Mr. Andrade plans to eliminate four parking spaces so there will be 17 spaces; they plan to take out a corner of the building to be able to use the proposed drive -thm and exit onto Chauncy Street; they plan to remodel the building and reduce the size to 130 square feet; there would be seating for 14 customers; they plan to completely remodel the inside and outside of the building; and they plan to create up -to -date handicapped restrooms. Mr. DeAngelis explained that from their in -house traffic studies, traffic circulating through a drive -thru window has proven to be safer because there is no backing up and the traffic moves in one orderly direction. Mr. DeAngelis also stated that the hardship is that the donut shop down the street has a drive -thru window and they have to be competitive to compete with similar businesses. Gary Eagan of Patricia Road, owner of Honey Dew Donuts, was strongly opposed to the allowing of a drive -thru window. He stated that he was concerned with the parking and traffic issues. An abutter located at 101 Chilson Avenue was concerned with the noise, If truck deliveries are during the early morning hours and if the drive -thru window and microphone would be opened 24 hours a day. Minutes of July 20, 1993 Page 3 of 6 Mr. DeAngelis explained that Dunkin Donuts is only opened from 5:00 A.M. to 11:00 P.M. The hearing closed at 8:25 P.M. Peter DeTrolio was appointed voting member in place of Karl Clemmey. The hearing on the application of New England Tire for a variance from Section 4.7.1 of the Zoning By -Laws to allow for the placement of business signs on a pre - existing non - conforming structure used for business purposes located at 515 South Main Street in the R -2 Zone began at 8:25 P.M. Mrs. Cotton stepped down from this hearing due to her being an abutter. Richard Secher was appointed voting member in place of Mary -Lou Cotton. Mr. Flynn was appointed Acting Clerk in place of Mrs. Cotton. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of Land dated January 19, 1988 prepared by Rim Engineering Co., Inc., Mansfield, MA, as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. With seven (7) members present voted six (6) in favor with one (1) opposed not to send a recommendation on this matter because plans submitted with the application are incomplete and therefore inadequate. New plans should be submitted showing what the proposed signs would look like. Mr. Wojtkiewicz asked Mr. LeBlanc to explain his hardship. Mr. LeBlanc explained that there is already a variance to have align on the roof of the building. Goodyear came down and gave him letters to put on the front of the building. The letters are red and blue and 12 inches and 8 inches. Mr. LeBlanc wants put the letters on the front of the building and have one lighted sign which would be illuminated from 8:00 A.M. to 8:00 P.M. The hearing closed at 8 :30 P.M. Peter DeTrolio was appointed voting member in place of Karl Clemmey. The hearing on the application of Richard Bodio for a variance from Section 4, Schedule 4.2.1, Density and Dimensional Regulations of the Zoning By -Laws to allow Minutes of July 20, 1993 Page 4 of 6 for an existing structure at 19 Necco Road to be located closer to the side yard property line than the minimum setback in the R -1 Zone began at 8:30 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of Land dated June 9, 1993 prepared by Yarworth Engineering and Land Surveying, Norton, MA, as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the record. The Planning Board with seven (7) members present voted unanimously to send a positive recommendation on this matter. Mr. Wojtkiewicz asked Mr. Bodio to explain his hardship. Mr. Bodio explained that he is the building contractor constructing the home at 19 Necco Road. The original plan was that the home would be have a 70 foot front yard setback. The buyers of the home requested that the house be moved back further and this was done without the use of the stakes. When the house was moved back it was accidentally moved to the side. The error was found after the house was built and they received the as- builts. The sideyard setback now is 22.6'. A letter dated July 13, 1993 from Joanne and William Fallon, an abutter at 15 Necco Road, gave a positive recommendation. The hearing closed at 8:4 P.M. Richard Secher was appointed voting member in place of Karl Clemmey. The hearing on the application of John J. Morse for a Use Variance from Section 3.3.5 (Multiple Residence) and Section 3.10.4 (Non - Conforming Uses) of the Zoning By- Laws for the expansion of a pre - existing non - conforming residential use, and a variance from Section 4.4.1 (Off - Street Parking Schedule) of the Zoning By -Laws for less than the required minimum number of parking spaces for a multiple unit dwelling located at 34 -36 South Main Street in the R -3 Zone began at 8:40 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of Land dated March 22, 1993 prepared by Hutchins - Trowbridge Associates, Inc., Mansfield, MA, as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the record. The Planning Board with seven (7) members present voted unanimously to send you a negative recommendation on the application. In the Planning Board's opinion, the Town Meeting established a specific residential density of the locus when adopting Mansfield's Zoning By -Law; to increase that density through the grant of a use variance is not recommended. Finally, it is the opinion of Minutes of July 20, 1993 Page 6 of 6 A motion was made by Mr. Butler and seconded by Mr. Flynn to grant a variance to Richard Bodio. Unanimously granted. A motion was made by Mrs. Cotton and seconded by Mr. Secher to deny a variance to John Morse. Unanimously denied. Reasons: Parking problem compounded; no hardship. Mrs. Cotton read a letter from Paul Folkman to Dick Lewis into the record. Mr. Folkman is requesting a change of his original plans of connecting his home to his garage. The problem is that the distance between the building and the pool is only three feet and that is not enough room for children. Mr. Flynn stated that the decision is based on the plans presented at the hearing. It was unanimously agreed that Mr. Folkman must submit a new variance application if he wants to change his plans. The meeting adjourned at 9:30 P.M. Respectfully submitted, Mary-Lou Cotton, Clerk