HomeMy WebLinkAboutZBA_02071995HI
ZONING BOARD OF APPEALS
MfNUTES
FEBRUARY 7, 1995
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: Eric Butler; Leonard Flynn; Peter DeTrolio;
Richard Secher; Donald Daniels; and Duane Frederick, Associate Member.
The hearing on the application of Sharpe Construction for a Variance from Section 4, Schedule
4.2.1, Density and Dimensional Requirements, for an addition to an existing home located at 79
Walnut Street in the R -2 Zone, where the addition will have less than the required side yard
setback, began at 7:30 P.M.
Duane Frederick was appointed a voting member in place of Richard Secher.
The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B'; a Plan of Land
dated December 16, 1994 prepared by Hutchins Trowbridge Associates, Mansfield, MA was
labeled as Exhibit "C "; and Floor Elevation Plans dated December 2, 1994 prepared by Creative
Designs was labeled as Exhibit "D ". Mr. Flynn read a letter from the Planning Board into the
record. "With five (5) members present voted four in favor with one opposed to send a positive
recommendation on the application."
Mr. Butler asked Mr. Silverio to present his case.
Mr. Silverio explained that he would like to put an addition on his home in order to keep his
family together. His wife is expecting a baby and they need more room. Mr. Silverio's mother,
sister, niece and nephew are all living together; in rooms that have been converted into bedrooms.
This addition would let them convert the rooms back to their original uses and give him some
privacy with his new family. Mr. Silverio also explained that they only need 2 feet for the
variance and they cannot put the addition in the back of the house because of the septic system.
An abutter, Mr. Richard Cushman, wanted the Board to be aware that three variances have
already been granted to this piece of property, and that many families are living in this house.
An abutter, Lester Epstein, stated that he is opposed to this variance application.
Minutes of February 7, 1995
Page 2 of 5
The hearing closed at 8:00 P.M.
The Reorganization of the Zoning Board of Appeals was addressed.
A motion was made by Mr. DeTrolio and seconded by Mr. Secher to appoint Eric Butler as
Chairman. Unanimously appointed.
A motion was made by Mr. Secher and seconded by Mr. Daniels to appoint Mr. Flynn as Clerk.
Unanimously appointed.
The hearing on the application of Black Hawk Realty Trust for a Special Permit, per Sections
6.2.2.11 and 3.10.4.A of the Zoning By -Law, to allow for the alteration (proposed building
additions) to a pre - existing non - conforming use (Old Colony Auto Sales and Repair) located at
77 West Street in the R -3 Zone began at 8:30 P. M.
The application was labeled Exhibit "A; newspaper advertisement as Exhibit "B"; a Plan of Land
dated December 1, 1994 prepared by Ralph Maloon, Rim Engineering Co., Inc., Mansfield, MA,
was labeled as Exhibit "C "; and An Architectural Rending dated December, 1994, was labeled as
Exhibit "D ". Mr. Flynn read a letter from the Planning Board into the record. "With five (5)
members present voted unanimously to send a positive recommendation on the application. This
recommendation is based upon the opinion of the Board that because neither addition would
create a new non - conformance for the existing structure, the petition conforms with the intent of
the Zoning By- Law."
Mr. Flynn also read a letter fi•om an abutter, Richard Rackette of 87 West Street, into the record.
"I have recently been informed about a request from Old Colony lbtotorsBlack Hawk Realty
Trust to the town regarding a Special Permit to add on to their building of 77 West Street and
build a new structure across the street on their storage lot. What is being proposed here is
creating and propagating a retail, high traffic, high volume business which will in fact greatly
impact the value of my house and land in a most negative way. The only benefactors will be those
of Old Colony Motors/Black Hawk Realty Trust where they can keep the economic fruits of a
town sanctioned explanation with my and others having to suffer with the resulting and inevitable
drop in property values."
Mr. Butler asked the applicant to present his case.
Mr. Paul 7odice explained that he has been hired by the applicants to coordinate the engineering
of this project. Due to the growing business demands, the present facility, which was built in
Minutes of February 7, 1995
Page 3 of 5
1946, needs more room for storage and repair. The proposed additions would be an 18'x25'
one -story structure for parts and a 25'x18' structure for a paint spray booth.
An abutter, Lauren Rackette, express concern over the noise and the amount of traffic which will
be generated with a new and expanded structure.
The hearing closed at 8:25 P.M.
The hearing on the application of Black Hawk Realty Trust for a Special Permit, per Sections
6.2.2.13 and 3.10.4.13 of the Zoning By -Law, to allow for the change and extension (proposed
construction of an auto sales building with a free standing sign, and paving and drainage work) of
a pre - existing, non - conforming use on the lot across from 77 West Street, and located in the R -2
Zone began at 8:30 P.M.
The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B'; a Plan of Land
dated December 1, 1994 prepared by Ralph Maloon, Rim Engineering Co., Inc., Mansfield, MA,
was labeled as Exhibit "C'; and An Architectural Rending dated December, 1994 prepared by
Paul Jodice & Associates, Mansfield, MA, was labeled as Exhibit "D ". Mr. Flynn read a letter
from the Planning Board into the record. "With five (5) members present voted unanimously to
send a negative recommendation. The Planning Board feels there is a significant difference
between use occupancy of an unpaved parking area and the construction of a structure on that lot
based a use variance grandfathered some 15 years, and the difference is so significant as to not be
an extension of an existing use in the sense of the Mansfield Zoning By- Law."
This letter from first Black Hawk hearing still applies. Mr. Flynn also read a letter from an
abutter, Richard Rackette of 87 West Street, into the record. "I have recently been informed
about a request from Old Colony Motors/Black Hawk Realty Trust to the town regarding a
Special Permit to add on to their building of 77 West Street and build a new structure across the
street on their storage lot. What is being proposed here is creating and propagating a retail, high
traffic, high volume business which will in fact greatly impact the value of my house and land in a
most negative way. The only benefactors will be those of Old Colony Motors/Black Hawk Realty
Trust where they can keep the economic fruits of a town sanctioned explanation with my and
others having to suffer with the resulting and inevitable drop in property values."
Mr. Butler asked the applicants to present their case.
Mr. Paul Jodice explained that he has been hired by the applicants to coordinate the engineering
of this project. Mr. Jodice explained that because of increased business demands, the applicants
need to expand their office and showroom facilities. They have been using the existing site for
Minutes of February 7, 1995
Page 4 of 5
sales since 1980, in accordance with a variance granting in August, 1980. A special permit is now
required for Old Colony to construct a showroom and office facility on this parcel of land and
they feel it would be a substantial hardship, financial and otherwise due to unusual circumstances
surrounding Old Colony's desired use of the parcel of land. The applicants wish to construct a
3880 square foot building to be used for a showroom and offices with a free - standing sign and
paving and drainage work. Right now the cars are just being parked on an unpaved lot.
Mr. Flynn asked if whether this project is an extension of a pre - existing use. If the answer is yes,
does this meet the current zoning requirements. Mr. Flynn also asked if this meets the 50% open
space requirement.
It was explained that on August 7, 1980 a variance was granted to use the lot for retail sale of
new and used cars on an unpaved lot; and there was no mention or consideration of a structure at
that time.
Mr. Maloon explained that there would be two catch basins; two oil separators; and the Old
Colony would be making a discharge into the river.
An abutter, David and Nancy Lovett, 78 West Street were opposed to this application. They feel
that the neighborhood should stay residential and they were also concerned about the bright lights
at night.
The Board members agreed that the applicants need to compile a more accurate list to present at
the next meeting such as a more detailed parking plan; a lighting plan; a plan showing curbing; a
water protection plan; address in more detail the 50% open space issue; and underlying
dimensional requirements. The Board discussed that they have to decided whether this is an
extension of a pre - existing non - conforming use.
Mr. Butler asked the applicants to put in writing that they would like to continue this hearing until
March 21, 1995.
A motion was made by Mr. DeTrolio and seconded by Mr. Secher to continue this hearing until
March 21, 1995.
A motion was made by Mr. Flynn and seconded by Mr. Secher to approve the Minutes of January
17, 1995 with revisions. Unanimously approved.
Minutes of February 7, 1995
Page 5 of 5
A motion was made by Mr. DeTrolio and seconded by Mr. Flynn to approve a variance to Sharpe
Construction. Denied. 3 -2.
Yes - Mr. Flynn & Mr. DeTrolio.
No - Mr. Butler, Mr. Daniels, Mr. Frederick
Reasons: The guidelines are there for a reason. If applicant cuts down the addition by two feet,
he does not need a variance.
A motion was made by Mr. Flynn and seconded by Mr. Secher to grant a variance to Black Hawk
for the alterations to the pre- existing building located at 77 West Street. Unanimously granted.
Butler, Flynn, DeTrolio, Secher, Daniels.
Members to attend the Selectman's Meeting on Wednesday, February 15, 1995: Butler, Flynn,
DeTrolio & Daniels.
A motion was made by Mr. Flynn and seconded by Mr. Secher to adjourn the meeting.
The meeting adjourned at 11:00 P.M.
�l