HomeMy WebLinkAboutZBA_06201995ZONING BOARD OF APPEALS
MINUTES
JUNE 20, 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; Peter DeTrolio;
Richard Secher; Donald Daniels; Duane Frederick, Associate Member; and Jack Vultaggio,
Associate Member.
Richard Secher was appointed Acting Clerk in place of Leonard Flynn for this meeting.
Duane Frederick was appointed voting member in place of Leonard Flynn for this hearing.
Jack Vultaggio was appointed voting member in place of Donald Daniels (who was just late) for
this hearing.
The hearing on the application of Helix Technology Corp. for a Variance from Section 4.7.2.2 of
the Zoning By -Law to allow for the placement of a wall sign on the non - frontage side of a
building, located at Nine Hampshire Street in the I -1 Zone began at 7:30 P.M.
The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B"; a Plan of Land
dated August 13, 1987 and revised on September 28, 1987 and December 1, 1987, was labeled
as Exhibit "C; and a Sign Rendering prepared by Advanced Signing, Inc., Medway, MA dated
June 16, 1995, was labeled as Exhibit "D ". Mr. Secher read a letter from the Planning Board into
the record. "With five (5) members present, they voted unanimously not to send a
recommendation due to insufficient information on this application."
Mr. Secher read a letter from Helix into the record. "Enclosed please find our request for a
variance for the location of a sign on the building located at Nine Hampshire Street, Mansfield,
MA. The location of the sign on the southerly exposure would allow the identity and location of
the building to be recognized from the hiway access ramp. Please note that the front of this
building actually faces other buildings and a secondary access road without the benefit of direct
exposure to visitors. The proposed sign shall be internally illuminated and measure 56 square feet
(4x14) a copy of the location o the building and sign is enclosed."
Minutes of June 20, 1995
( Mr. Secher read a letter dated April 19, 1995 from National Development of New England into
the record. "This letter shall signify our consent as property owner to the installation of a
permanent sign to be attached to the south side of 9 Hampshire Street by Helix Technology
Corporation. Signed by Patricia A. Cooper, as agent for Mansfield Corporate Center Limited
Partnership."
Mr. Butler asked Helix to present their case.
Mr. Robert Anastasia, representing Helix, explained that Helix Technology Corporation, is
seeking a variance from Section 4.7.1 for the installation of a permanent corporation (HELIX)
identification sign which meets the size requirements of the Zoning By -Laws on the southerly
exposure of the building instead of the front (easterly) exposure. The location of the sign on the
southerly exposure would allow the identity and location of the building to be recognized from
the hiway access ramp.
Mr. Anastasia further explained that the corporate headquarters has now moved from Waltham
and the entire company is now located in the Mansfield Industrial Park. Helix has two separate
buildings which are connected by a walk through. They have two separate addresses and have
two separate tax bill and this proposed sign will face Rt. 495.
Ken Parsons spoke in favor of this sign and stated that he feels that it is not detrimental to the
neighborhood.
The hearing closed at 8:00 P.M.
Jack Vultaggio was appointed voting member in place of Leonard Flynn for this hearing.
The hearing on the application of Michael Barrett for a Finding per Sections 3.10.43 and 6.2.2.1)
of the Zoning By -Law to allow for a second -story addition to be constructed to a pre - existing,
non - conforming home located at 14 Columbine Road in the R -2 Zone began at 8:05 P.M.
The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of
Land dated April 28, 1995 prepared by Stephen P. Converse, W.T. Whalen Engineering Co., N.
Attleboro, MA, was labeled as Exhibit "C ". Mr. Secher read a letter from the Planning Board
into the record. With five (5) members present, they voted to send a positive recommendation on
this application."
Minutes of June 20, 1995
Mr. Secher read a letter dated June 20, 1995 from William Bloodsworth into the record. "My
wife, Irene and I own the property at 27 Columbine Road. We feel the addition to the Barrett
residence will not cause any problem with the adjoining existing homes and is more in character
with the neighborhood than any new conforming home could ever be. We support a finding in
favor of the Barrett application."
Mr. Butter asked Mr. Barrett to present his case.
Mr. Barrett explained that he would like a add a second story to the existing house to match with
the existing two -story addition that is already there. .
The hearing closed at 8:10 P.M.
Duane Frederick was appointed voting member in place of Leonard Flynn for this hearing.
The hearing on the application of Billie Mabry for a Variance from Section 4, Schedule 4.2.1, Lot
Area and Frontage, 1.5.17a, Lot Width, and 1.33, Contiguous Lots, of the Zoning By -Law, to
allow for the continued use of Lot 1, 8 Jewell Street, as a single Family house lot as shown on the
submitted plan in the R -I Zone began at 8:10 P.M.
The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of
Land dated May 17, 1995 prepared by David E. Grant, Mansfield, MA, was labeled as Exhibit
"C ". Mr. Secher read a letter from the Planning Board into the record. "With five (5) members
present they voted to send a negative recommendation on the application. The Board feels the
proposal, which would create a non - conforming lot, substantially derogates from the intent of the
Zoning By- Law."
Mr. Butter asked Mrs. Mabry to present her case.
Attorney Edward Valanzola explained that he is representing Mrs. Mabry and explained that Mrs.
Mabry has taught in the Mansfield Public School system since 1970. In 1959 Mrs. Mabry and her
husband purchased the property and constructed a single family home which is currently located
on the lot. They moved in the house in 1960 and resided there for thirty-five years. As part of
her divorce settlement, title to the house, together with an adjacent rear lot, were conveyed to
Mrs. Mabry on December 21, 1989. On or about October 16, 1989, zoning was changed from
agricultural to R -1 with the frontage increasing from 120' to 150' and the lot area increasing from
30,000 square feet to 45,000 square feet. On or about April 25, 1994, the by -law again changed
requiring 200' frontage and a lot area of 60,000 square feet. Mrs. Mabry has paid taxes on the
Minutes of June 20, 1995
house lot and rear lot and has received separate tax bills since 1959. Mrs. Mabry is getting
married on July 15, 1995 and in order to take advantage of the one -time tax exclusion, she is
selling both lots to her son, David Salomaa. Mrs. Mabry's son will live in the house on lot 1 and
construct a new home on lot 2 which he will move into with his family upon completion. Lot will
will then be sold in order to pay Mrs. Mabry the balance of the purchase price.
Ray Collins, an abutter for 35 years spoke in favor of Mrs. Mabry's application.
Cindy LeBlanc of 44 Jewell Street was concerned with the wetlands and hopes that any
construction will not cause any drainage on her property.
The hearing closed at 8:35 P.M.
The application on Susan Daganhardt which was continued from June 6, 1995 was reopened.
Mr. Daganhardt presented some new documents: A Plan of Land dated June 9, 1995 prepared
by Hutchins - Trowbridge Associates, Mansfield, MA, was labeled Exhibit "D "; and a list of
approximately 35 abutters who are all in support of the Daganhardt's addition.
The hearing closed at 9:00 P.M.
A motion was made by Mr. Secher and seconded by Mr. Frederick to grant a finding to Mr.
Barrett. Is this an increase in the non - conformity? Unanimously granted. Butler, DeTrolio,
Secher, Daniels and Vultaggio. Reason: Does not constitute an increase in the non - conformity.
A motion was made by Mr. DeTrolio and seconded by Mr. Daniels to grant a variance to Mrs.
Mabry. Unanimously granted. Butler, DeTrolio, Daniels, Secher and Frederick. The lot goes
back to 1989; there is a hardship if not allowed, it is a waste of 90,000 square feet of land.
A motion was made by Mr. Daniels and seconded by Mr. DeTrolio to grant a variance to the
Daganhardts. Approved 4 -0. Butler, Daniels, DeTrolio and Frederick. All the neighbors are in
favor.
A motion was made by Mr. Vultaggio and seconded by Mr. Frederick to grant a variance to Helix
Motion granted. 4 -1. Yes: Butler, Secher, Vultaggio and Frederick. No. DeTrolio.
The hearing on McKay was closed at 9:30 P.M. A motion was made by Mr. Vultaggio and
seconded by Mr. Secher to deny the variance to the McKays of North Main Street. Reason:
Lack of Sufficient Information. The hearing was continued for two meetings and there has been
no communication from the applicant, after documentation was requested and correspondence
Minutes of June 20, 1995
was sent to them.
The letter from Mr. Clemmey regarding the Special Permit granted last year on Old Farm Road
and the extension of time for one year was discussed. The Board agreed to have Town Counsel
research this issue.
A motion was made by Mr. Frederick and seconded by Mr. Daniels to approve the Minutes of
May 16, 1995.
A motion was made by Mr. Daniels and seconded by Mr. Secher to approve the Minutes of June
6, 1995.
The meeting adjourned at 10:00 P.M.
espe�tfuhlyQsubmitt
Rich rd Secher,
Acting Clerk