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ZONING BOARD OF APPEALS
MINUTES
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' FIT5
MAY 2, 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; Richard Secher;
Donald Daniels; and Duane Frederick, Associate Member.
Duane Frederick was appointed voting member in place of Peter DeTrolio for this meeting.
Mr. Paul Jodice submitted on behalf of Black Hawk Realty Trust documents from Mike Jones,
Application Engineer, Cooper Industries, Cooper Lighting, HID, Vicksburg, Mississippi.
The hearing on the application of Gerald Moothart for a Finding per Sections 3.10.4.13 and
6.2.2.D of the Zoning By -Law to allow for an addition to be constructed to a pre - existing,
non - conforming home located at 216 Willow Street in the R -2 Zone, began at 7:30 P.M.
The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B "; and a Plan of
Land dated June 10, 1985 and revised on June 13, 1985 prepared by RRY1 Engineering Co., Inc.,
Mansfield, MA was labeled as Exhibit "C ".
Mr. Butler asked Mr. Moothart to present his case.
Mr. Moothart explained that the house is a two- family home. Him and his wife live in the main
house and his daughter, who is expecting a child, lives in the in -law apartment. He would like to
switch apartments, and add an 181x20'8" addition to the in -law apartment so he can have a
bedroom on the first floor. His wife is handicapped and the bedroom now is on the second floor.
Mr. Moothart also explained that the addition has to be put in this location because there is a
concrete pool in the yard.
The hearing closed at 7:45 P.M.
The hearing on the application of Robert DeBruyn for a Finding per Sections 3.10.4.13 and
6.2.2.1) of the Zoning By -Law to allow for an addition to be constructed to a pre - existing,
non - conforming home located at 328 Elm Street [rear] in the R -1 Zone began at 7:45 P.M.
Minutes of May 2, 1995
The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B'; and a Plan of
Land dated August 14, 1994 prepared by Stanley R. Dillis, Registered Professional Land
Surveyor, Groton, MA was labeled as Exhibit "C ".
Mr. Butler asked Mr. DeBruyn to present his case.
Mr. DeBruyn explained that he purchased this house five years ago. His family is getting larger
and the house has only two bedrooms. He would like to add a one -story addition, saltbox style,
20'x26.5' addition which would include a bedroom, bathroom and playroom..
The hearing closed at 7:50 P.M.
A motion was made by Mr. Flynn and seconded by Mr. Secher to approve a finding to Mr.
Moothart. Unanimously granted. Butler, Flynn, Secher, Daniels and Frederick. Reason: Does
not constitute an increase in non - conformity.
A motion was made by Mr. Secher and seconded by Mr. Frederick to approve a finding to Mr.
DeBruyn. Unanimously granted. Butler, Flynn, Secher, Daniels and Frederick. Reason: Does
not constitute an increase in non - conformity.
The hearing on the application of Nancy Udall for a Variance from Sections 4.2.1 and 1.5.17a, to
allow for a lot, shown as Lot 1, Old Elm Street, with less than the required frontage and width for
the R -1 Zone began at 8:00 P.M.
The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B "; and a Plan of
Land dated March 22, 1995 prepared by Hutchins - Trowbridge Associates, Mansfield, MA was
labeled as Exhibit "C ".
Mr. Butler asked Mrs. Udall to present her case.
Mrs. Udall explained that they own a large parcel of 6.74 acres. Even though it might be possible
to create three small subdivisions, her and her husband would like to create just two buildable
house lots. One lot would have 248 feet of frontage and the other would have 120 feet of
frontage. The street is a scenic way, is treed in the front and woods to the rear. Because of
topography and wetlands the access drives to the two lots are adjacent to each other and have
been designed to cross the wetlands with the least amount of impact. The proposed homes will be
set back over 300 feet from the street. This vacant land has been assessed and taxes have been
paid on this property for over 50 years. Mrs. Udall further explained that they have not sold the
land previously because as long time Mansfield residents they have enjoyed preserving the open
Minutes of May 2, 1995
space and rural character of Mansfield. But with their announced retirement this year, they can
( no longer afford to pay the taxes to keep the land vacant. The rear portion of land abuts the
Town of Mansfield recreation land and new soccer fields. Rather than creating two very
elongated lots, they are going to donate 3.42 acres of land to the Town of Mansfield.
An abutter, Alice Pillsbury, was concerned with the brook and the drainage.
The hearing closed at 8:15 P.M.
The members voted to hear the next two hearings together. A 10 minute break was taken.
The hearing on the application of UB Maintenance Corp. for a variance from Section 4.7.2.2 to
allow for the placement of a second wall sign on the easterly side of the Stop & Shop retail
building located at 377 Chauncy Street in the I -1 Zone began at 8:30 P. M.
The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B'; a Plan of Land
dated June 6, 1993 prepared by Bradford Saivetz & Associates, Inc., Engineers and Architects,
Braintree, MA, was labeled as Exhibit "C "; a sketch showing the sign location dated December 7,
1994 was labeled at Exhibit "D'; and an Architectural Rendering dated December 5, 1994
prepared by UB Maintenance Corp. was labeled as Exhibit "E ".
Mr. Butler asked Mr. Sawyer to present his case.
Mr. Kenneth Sawyer of UB Maintenance Corp., Walpole, MA is representing Stop & Shop. Mr.
Sawyer explained that Stop & Shop is seeking to obtain a variance for a second sign on the side
elevation facing Route 140. Mr. Sawyer further stated that the proposed sign on the east
elevation is 108 square feet on a wall area 60' long allowing them 180 square feet of signage. On
the front sign they are allowed a sign 120' long whereby they only used up 60' in length and want
to add an addition 36' for the side sign.
Mr. Sawyer further explained that because of the angle of the building, the identity of the store is
obstructed from view when approaching Route 140 from Route 95. Enforcement the Zoning
By -Law would create a substantial hardship for the applicant, as they would not have adequate
identification on the side of the building which would cause loss of business and confusion when
trying to find the store when approaching from Route 95 on Route 140. Granting a variance
would not in any way be detrimental to the public because the east elevation would not be facing
any residential area and would still meet the overall square footage requirements for signage as
noted in the By -Laws.
Minutes of May 2, 1995
The hearing on the application of UB Maintenance Corp. for a variance from Section 4.7.2.1 to
allow for a freestanding sign, to be located at 377 Chauncy Street, with greater than the allowed
square foot display area for the I -I Zone began at 9:00 P. M.
The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Plan of Land
dated June 6, 1993 prepared by Bradford Saivetz & Associates, Inc., Engineers and Architects,
Braintree, MA, was labeled as Exhibit "C "; a sketch showing the sign location dated March 7,
1994 was labeled at Exhibit "D"; and an Architectural Rendering dated March 7, 1995 prepared
by UB Maintenance Corp. was labeled as Exhibit "E ".
Mr. Kenneth Sawyer explained that BayBank is located inside the Stop & Shop building.
BayBank has no identification except for a small sign in the window. Mr. Sawyer explained that
he feels there will be no impact to the general area for the addition of the "BayBank" sign on the
pylon as there already is a pylon sign and they want to add approximately 11 square feet of
additional signage. If a variance is not granted, Mr. Sawyer feels it would create a substantial
hardship.
Mr. Butler asked if all the other tenants will be coming before the Board requesting space on the
freestanding sign.
Mr. Sawyer stated that he was told by Stop & Shop that only BayBank would be requesting space
on the free - standing sign. BayBank is located inside of Stop & Shop and they need some
identification to let people know they are there.
The hearing closed at 9:15 P.M.
Mr. Butler stated that two hearings scheduled for continuance at tonight's meeting have been
withdrawn: Maystar (Branch Street) and the Robert Brown Appeal.
Black Hawk Realty Trust (Old Colony Motors). Mr. Jodice presented a lighting plan to the
Board at the beginning of the meeting and the Board members reviewed it.
A motion was made by Mr. Daniels and seconded by Mr. Secher to approve the lighting plan
presented on behalf of Old Colony Motors. Unanimously approved. Mr. Flynn stated that the
Board's intent is to be sure that the impact on the abutters and the street is minimal.
A motion was made by Mr. Flynn and seconded by Mr. Secher to approve a variance to Nancy
Udall. Unanimously approved. Reasons: Long -term residents of the town; their home has been
in the family for over 50 years; and the town is getting 3.42 acres. Board members agreed to put
Minutes of May 2, 1995
an amendment in the decision with a condition that the town be given this 3.42 acres. Two
1 decisions should be typed up: one with the condition and one without.
A motion was made by Mr. Secher and seconded by Mr. Flynn to deny a variance to Stop &
Shop. Denied (4 -1). No - Flynn, Secher, Daniels, and Frederick. Yes - Butler. Reasons: serves
no useful purpose; visual pollution.
A motion was made by Mr. Daniels and seconded by Mr. Frederick to grant a variance to
BayBank. Unanimously granted. Reasons: Needs identification.
A motion was made by Mr. Flynn and seconded by Mr. Frederick to approve the Minutes of April
4, 1995.
The meeting adjourned at 10:00 P.M.
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