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MINUTES
MARCH 21, 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; Chairman; Leonard Flynn, Clerk;
Peter DeTrolio; Richard Secher; Donald Daniels; and Duane Frederick, Associate Member.
The hearing on the application of Black Hawk Realty Trust for a Special Permit, per Sections
6.2.2.13 and 3.10.4.A 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, which was continued from February 7, 1995, reopened at 7:30 P.M.
New applications were presented to the Board. A Plan of Land dated March 20, 1995 prepared
by Rim Engineering Co., Inc., Mansfield, MA was labeled as Exhibit "E; and a Locus Plan dated
December 1, 1994 and revised on March 21, 1995 prepared by Rim Engineering Co., Inc.,
Mansfield, MA was labeled as Exhibit "F"
Attorney Mark Antine explained to the Board that the Applicants, Mr. Sarro and Mr. Porfido,
own Old Colony Motors, Inc., in an R -2 Zone, which is surrounded by the Town Hall, single and
multi - family homes and a church. A use variance was granted on August 7, 1980 to use the land,
located across the street from the Old Colony Motors, Inc. automobile dealership, for the retail
sale of new and used motor vehicles. Subsequent to the granting of the variance, the Mansfield
Zoning By -Law was amended to require fifty percent open space in all residential zones; however,
no minimum percentage of open space was required in any business district, and only thirty -five
percent open space is required in industrial districts. After discussing the matter with the Town
Building Inspector /Zoning Enforcement Officer, the Applicants filed an application for a special
permit requesting that they be allowed to construct a one -story automobile sales showroom and
offices on the land. The Board granted the 1980 variance to use the vacant lot for the retail sale
of new and used motor vehicles. The Applicants state that they were granted an unrestricted use
variance for the Land, and they do not need to obtain a special permit to construct a showroom
and offices. The Board believes that a special permit is necessary to construct such a showroom
and offices.
Attorney Antine further explained that this unpaved land is somewhat unsightly and not in keeping
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with the aesthetics of the neighborhood such as the Town Hall and the nearby park area. Further,
there presently is no provision for good drainage on this land and the public is not well served by
having to walk in muddy conditions during portions of the year. The Applicants have requested
permission to construct a very pleasing, non - commercial looking showroom, together with
paving, drainage and grass areas which no one could reasonably argue would be substantially
more detrimental to the neighborhood than that which presently exists. The benefits would be
that the neighborhood would gain a pleasant looking building in which vehicles would be located
as opposed to the present unpaved, muddy lot. The land would contain not only certain grass
areas, but also well engineering drainage and protections against oil and gas leakage. The area is
readily accessible to sewer, and therefore, the construction of the building poses no septage
problems. There may be less noise as a result of this project since some of the activities presently
carried out in the open will move indoors, and the Town will benefit from the increased value
assigned by the Board of Assessors.
Mr. Antine further stated that construction of the showroom and offices is an extension of the
present business use, and does not change in use. The building would be used to conduct the
same use as that which currently exists; the retail sale of new and used motor vehicles. The
Applicants are not requesting to carry out a different business activity, they are asking to be able
to carry out the same activity in a more modern and efficient way. The question of the 50% open
space requirement for residential zones is not applicable to this case.
Attorney Antine presented the following letters to the Board, all in support of this application: A
letter from Gary P. Nelson; a letter dated March 3, 1995 from the Margaret Thatcher, President
of the Tri-Town Chamber of Commerce; and a letter dated December 21, 1994 from J.F. Young,
Zone Manager, Chrysler Corporation.
Mr. Butler asked if anyone would like to comment on this case.
Jim Leaver-ton stated that he has known the applicants for about four years and they run a very
professional business. Business is fueled by competition and applicants should be able to compete
with the other dealers by being able to enlarge their business.
Norman Vickery stated that he was in support of this expansion in order to compete in business.
Nancy Wall, 78 West Street, is a direct abutter. She stated that she wants to protect her
investment and improve the value of her property.
Margaret Thatcher, President of the Tri -Town Chamber, stated that the Chamber voted
unanimously to support a local business.
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Mitchell Siefert, a former abutter at 87 West Street and now living in Norton, explained that when
he sold his home at 87 West Street, it sold in less than one day. The dealership had no impact on
the sale of his property and he is in full support of the expansion.
Bob Jones went to work for Old Colony Motors in 1947 and is in support of the applicants.
Dan Thurber of Dean Street stated that this business has been in town for 50 years and it would
be unfair to limit a business that is here for so long.
Irwin Kamen is a competitor from Shell. He explained that the applicants will not even store junk
cars on their lot out of respect for the neighbors, and they have Mr. Kamen store them in
Foxboro. They run a first rate operation, and they should have a chance to come into the'90's.
Kelly Baker stated that the abutters know what and where they are buying when the purchase
their property. The applicant's business has been their for 50 years
William Sarro, a cousin to the applicant, explained that the applicants have to build in order to
keep up with Chrysler or else move out. Right now there is only mud and cars. A new
showroom will enhance the area with a new beautiful building.
Greg Cauldwell stated that from an environmental standpoint a new building would be far more
superior from what is there now.
Carol Lucas of 100 William Street is an advocate of local business and they should be able to
upgrade.
Bill Madan stated that he has no problem with this expansion. He encourages growth and more
businesses have to grow or they will be forced to leave.
Brian McCafferty owns a business in Norton was in support of the expansion in order to generate
tax money, there is a lack of commercial services and to protect the environment.
Dennis Mantera, 120 High Street, stated that he came to this town because of the ethics. He
strongly supports this expansion and is thrilled that the environmental issues were addressed and
taken care of. Also, this will be a major asset to the neighbors to use this building as a buffer
when the police station takes over the Town Halt.
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David Loving, a West Street abutter, is not in favor of this application. He feels no more
buildings should be built in a residential area.
Linda Jodice supports this application 100 %.
Tricia Blair, a new business owner of Amici Funeral Home is in support of this application.
Patty Horning a business owner from High Street wants to support the business that is in the
town.
Michelle Madan was in support of this application.
The hearing closed at 9:00 P.M.
A motion was made by Mr. Secher and seconded by Mr. Flynn to approve the Minutes of
February 21, 1995. Unanimously approved.
A motion was made by Mr. Secher and seconded by Mr. Daniels to approve a special permit to
Old Colony Motors. Mr. Flynn stated that he will reconsider if there are some exceptions made,
such as widening of the vegetated area on the abutters side; elimination of one (1) parking space
in the display out front with the widening of the grass and shrub area; and the lighting plan should
depict patterns where the light should fall.
Mr. Secher amended his motion to include the following conditions.
The Board discussed the limitations and they should be:
(1) Increase landscape buffer from five (5) feet to fifteen (15) feet width from
West Street to the proposed building along westerly property line;
(2) Replace stockade fence along westerly property line with arborvitae with
a height of six (6) feet and not more than 5 feet center
(3) No freestanding sign.
(4) Submission of a lighting plan f-om an professional lighting engineer which
demonstrates the minimum impact on abutters and traffic.
(5) This permit is for the display and sale of motor vehicles only.
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The motion passed unanimously as amended. Butler, Flynn, DeTrolio, Secher & Daniels.
The meeting adjourned at 10:00 P.M.
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