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HomeMy WebLinkAboutZBA_11071995ZONING BOARD OF APPEALS MINUTES NOVEMBER 7, 1995 n,r 0 JA"I J' � 7 i_L0 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; Duane Frederick, Associate Member; and Jack Vultaggio, Associate Member. The hearing on the application of Dave Danneker for a Finding per Sections 3.10.4.13 and 6.2.2.13 of the Zoning By -Law to allow for a deck addition to be constructed on a pre - existing, non - conforming home located at 102 Rumford Avenue (R -3 Zone) began at 7:30 P.M. Duane Frederick was appointed voting member for this hearing in place of Donald Daniels. The application was labeled Exhibit "A; newspaper advertisement as Exhibit "B"; and a Plan of Land dated October 4, 1995, prepared by Hutchins- Trowbridge, Mansfield, MA, was labeled as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. "With six (6) members present, they voted unanimously to send a positive recommendation on this application. It is the opinion of the Board that the addition does not increase the pre - existing non - conformity and therefore a positive finding is reconunended." Mr. Butler asked Mr. Danneker to present his case. Mr. Danneker explained that he purchased this house three months ago and all he wants to do is put a porch on the side where the driveway is and have it wrap around the back of the house. The hearing closed at 7:35 P.M. A motion was made by Mr. Flynn and seconded by Mr. Secher to grant a Finding to Mr. Danneker. Unanimously granted. Butler, Flynn, DeTrolio, Secher, Frederick. Reasons: Does not create any more non - conformity; not detrimental to the neighborhood. Mr. Flynn read a letter dated November 1, 1995 from Kris and Kristine Bainton into the record. "On October 3, my husband and I attended the variance hearing meeting, requesting a variance to Minutes of November 7, 1995 ( build on a Williams Street lot. We requested this because a friend of ours, Carl Nelson, was willing to help us out of a personal hardship. That being, that on December 17, 1991, my husband suffered a severe stroke. At the time he was 26 years old, leaving myself and our two small children, ages 5 and 18 months, to deal with this tragedy on our own for months while he tried to recover.... Please consider refunding our application fee...." The hearing on the application of the Town of Mansfield for a Special Permit, per Sections 4.3.5 of the Zoning By -Law, to allow for a modification of the Landscaping and Screening require- ments for the proposed Police Station, located at 50 West Street, in the R -3 Zone began at 7:45 P.M. Jack Vultaggio was appointed voting member for this hearing in place of Donald Daniels. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Landscape Plan dated September 6, 1995 prepared by Strekalovsky & Holt, Inc., Hingham, MA in association with the office of Allen M. Lieb Architects, P.C., Ltd., Lynnfield, MA, was labeled Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. "With six (6) members present, they voted unanimously to send a positive recommendation on this application for a special permit provided the landscaping plan as submitted is followed." Mr. Butler asked Town Counsel to present his case. Bob Mangiaratti introduced himself as legal counsel for the town. The site is presently used by the Town of Mansfield as a Police Station, Town Hall and Mansfield Emergency Management Agency (MEMA) offices to provide municipal services. This facility will continue to be used as the Police Station with MEMA. The site was developed in 1974. It is presently landscaped in front of the building off of West Street, the west and south sides of the lot are naturally buffered by the Rumford River and Cabot's Pond, and the easterly side of the lot is lined with large pines and bordered by the town -owned cemetery. The existing dirt parking lot is proposed to be paved and a proper drainage system installed. The areas is already buffered by large pine trees in the front and Union Street side and a wooded buffer in the rear. An access road abutting the Rumford River is being planned, to extent the driveway completely around the whole building. This is being done as a safety issue for circulation around the building when bringing in prisoners. The road will be installed without impacting the existing trees along the riverbank. Minutes of November 7, 1995 Mr. DeTrolio stated that he finds it strange that the same people who created the Zoning By -Laws are the same people who want to break them. Mr. Flynn stated that this building has been in existence for 24 years and he feels that the driveway all around the building will detract from the area. The architect, Roger Hoit, explained that the town is growing and the traffic flow around the building is for quicker access and more flexibility for the police officers. Karl Clemmey asked if this is a request for a special permit or a variance application and what did the applicant request. Mr. Butler stated that the request is for a special permit. An abutter, Dave Loving, stated that he does not see how busy the police station is since he lives right across the street. Mr. Mangiaratti also stated that he met with Bert Cook and they tried to make a conservative approach in regard to this special permit application. The hearing closed at 8:15 PM. Leonard Flynn left the room before the hearing on the West Mansfield Fire Station began. The hearing on the application of the Town of Mansfield for a Special Permit, per Sections 4.3.5 of the Zoning By-Law, to allow for a modification of the Landscaping and Screening require- ments for the proposed West Mansfield Fire Station, found on Map 44, Parcel 8005 of the Town Assessors Sheets, and located at the corner of School and Plymouth Streets [I -1 Zone] began at 8:15 P.M. Jack Vultaggio was appointed voting member for this hearing in place of Donald Daniels. Duane Frederick was appointed voting member for this hearing in place of Leonard Flynn. The application was labeled Exhibit "A'; newspaper advertisement as Exhibit 'B'; and a Landscape Plan dated September 28, 1995 prepared by Strekalovsky & Holt, Inc., Hingham, MA in association with the office of Allen M. Lieb Architects, P.C., Ltd., Lynnfield, MA, was labeled Exhibit "C ". Minutes of November 7, 1995 Mr. Frederick read a letter from the Planning Board into the record. "With six (6) members present, they voted unanimously to send a positive recommendation on this application for a special permit provided the line of existing trees is to remain as shown on the plan. The board also recommends additional plantings be added to the front and sides of the building for increased aesthetic value." Mr. Butler asked Town Counsel to present his case. Mr. Mangiaratti explained that the proposed new West Mansfield Fire Station is located in an industrial zone. This existing site is surrounded by the bordering wetlands and is heavily wooded. Except for the area being cleared for building, driveway and parking all other trees and vegetation are remaining intact. There is no need to replace a well - established and heavily vegetated buffer. Most of this land is wetlands and protected under the Wetland Protection Act. This design was carefully thought out and planned. The proposed building comes very close to the wetland but does conform to the Wetlands Protection Act. The setback is significantly set back into the woods and by allowing this plan to go forward, it will create a very attractive fire station. The hearing closed at 8:20 P.M. The hearing on the application of the Town of Mansfield for a Special Permit, per Sections 43.5 of the Zoning By -Law, to allow for a modification of the Landscaping and Screening require- ments for the proposed Municipal Complex, comprised of the Park Row School Building and the Memorial Hall Building, located on Park Row [Assessors Map 27, Parcels 57 and 61 -631, in the R -3 Zone began at 8:20 P.M. Duane Frederick was appointed voting member for this hearing in place of Donald Daniels. The application was labeled Exhibit "A; newspaper advertisement as Exhibit "B'; and a Landscape Plan dated September 6, 1995 prepared by Strekalovsky & Holt, Inc., Hingham, MA in association with the office of Allen M. Lich Architects, P.C., Ltd., Lynnfield, MA, was labeled Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. "With six (6) members present, they voted unanimously to send a positive recommendation on this application for a special permit." Mr. Butler asked Town Counsel to present his case. Minutes of November 7, 1995 Mr. Mangiaratti explained that this site was professional chosen for two reasons. First, preservation of architectural use of a building; and second, to have a Town Municipal Center with the town green, ancient burial ground, Congregational Church and Park Row building. The Town plans to erect a new stockade fence and leave all existing vegetation. Mr. Mangiaratti further explained that the physical size of the rear parking area would not allow for additional landscaping, while maximize parking The intent was to leave the existing landscaping in the proposed parking area and add a new stockade fence on the inside perimeter. Similar additional plantings would be added. The electric light department will be installing decorative light fixtures along the South Common. Bill Moore, 54 Union Street, stated that these plans are unacceptable. The noise level, especially on Wednesday nights when there are Selectman's meetings, will be terrible. Roger Hoit explained that the stockade fence will be erected on town property so it can be maintained; and there will be drainage catch basins so there will be no drainage on the abutters land. Sandy LaRosee, an abutter on Union Street, asked if the chain link fence could be taken down. The ZBA members agreed that the chain link fence could be taken down by the town and should be put into the decision as a condition. The hearing closed at 8:50 P.M. The hearing on the application of the Town of Mansfield for a Special Permit, per Sections 4.10.4A and 6.2.213 of the Zoning By -Law, to allow for the alteration of a pre- existing, non-conforming structure by adding a connector between the Park Row School Building and the Memorial Hall Building located on Park Row [Assessor's Map 27, Parcels 57 and 61 -63], in the R -3 Zone began at 8:50 P.M. Jack Vultaggio was appointed voting member for this hearing in place of Donald Daniels. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Landscape Plan dated September 28, 1995 prepared by Strekalovsky & Holt, Inc., Hingham, MA in association with the office of Allen M. Lieb Architects, P.C., Ltd., Lynnfield, MA, was labeled Exhibit "C ". l Minutes of November 7, 1995 Mr. Flynn read a letter from the Planning Board into the record. "With six (6) members present, they voted unanimously to send a positive recommendation on this application for a special permit." Mr. Butler asked Town Counsel to present his case. Mr. Mangiaratti explained that the buildings on the site will be altered by a structure which connects the old Park Row School to the Memorial Hall Building. The vacant Park Row School will be used for the new Town Hall. The proposed municipal complex does not create any new non - compliance with any other use or dimensional requirement of the Zoning By -Law. The alteration will not be substantially detrimental to the neighborhood. The site has always been owned and used by the Town. Use of the existing vacant building represents an improvement to the character and safety of the neighborhood. The renovations will be handicapped accessible with ramps and elevators. The hearings closed at 9:00 P.M. The hearing on the application of the Town of Mansfield for Variances from Section 4.4.4.1 for the number of required parking spaces, and Section 4.4.4.3 for the location of required parking spaces, associated with the proposed municipal Complex, comprised of the Park Row School Building and the Memorial Hall Building located on Park Row [Assessor's Map 27, Parcels 57 and 61 -63], in the R -3 Zone began at 9:00 P.M. Duane Frederick was appointed voting member for this hearing in place of Donald Daniels. The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B'; and a Planting Plan dated October 4, 1995 prepared by Strekalovsky & Holt, Inc., Hingham, MA in association with the office of Allen M. Lich Architects, P.C., Ltd., Lynnfield, MA, was labeled Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. "With six (6) members present, they voted unanimously to send a negative recommendation on this application for a variance. The Board is concerned about the potential public safety issues of connecting the Town Hall with the Police Station via a walkway through the cemetery. The Planning Board is also concerned by the potential precedent set by the grant of a variance. However, if the ZBA votes to grant the variances, the Planning Board would like it to consider making the parking spaces on Park Row visitor parking, leaving the parking lot behind the new Town Hall open on weekday nights, and making the sidewalk through the cemetery six feet wide and very well lit. " Minutes of November 7, 1995 Mr. Flynn read a letter from the Mansfield Historical Commission dated November 6, 1995 into the record. "The currently proposed location for a walkway through the West Street Cemetery is a winding, open area at the rear of the cemetery where it appears that no graves, gravestones, or fencing would be disturbed by its construction or use. However, we are waiting a reply from the Municipal Building Committee regarding our concerns about the width of the walkway, its proposed surface, and whether or not alternatives to constructing the path have been explored. We expressed these concerns in correspondence to the town manager dated October 30 and November 1. At the same time, our commission and staff members of the Massachusetts Historical Commission recommend that town seek a legal opinion concerning whether Chapter 114, Section 17 of the Massachusetts General laws would prohibit the construction of such a walkway through the West Street Cemetery without the authority of the General Court." Mr. Butler asked Town Counsel to present his case. Mr. Mangiaratti explained according to the Zoning by -laws, 3.5 spaces are required for every one thousand square feet of gross floor area. By this standard 126 spaces are required for the site. The plan shows 53 spaces on the project site, 21 spaces on Park Row directly across the street from the site and 52 spaces at the future Police Station site approximately 450 feet from the Park Row Municipal Complex. With the spaces on Park Row and the Police Station the required number of spaces is available. Although the Police Station is more than 200 feet from the complex, a five foot wide sidewalk will be constructed through the Town cemetery to provide convenient access to the Police Station spaces. This sidewalk will be paved and lighted. The town believes that this plan offers the least disruption and hardship on the neighborhood, abutters and Town and meets the by -law intent would be to establish the new Town Hall, Memorial Hall and Police Station as a center for municipal services. Mr. Mangiaratti also stated that if the buildings are not used they will fall into disrepair. The hardship would be an intangible loss of our heritage and a financial hardship if these buildings are not used. To construct a similar building would cost the town $1M more. Mr. Flynn stated that the town has done a very good job and prepared an excellent presentation using these pre- existing buildings. Mr. DeTrolio stated that he has a big problem with the parking situation and the idea of going through the cemetery is a horrible idea. Minutes of November 7, 1995 Mi-. Butler stated that he feels that the 26 parking spaces at the police station should be used by the town employees. Bill Williams, Town Manager, agreed with Mr. Butler and said that this could be a condition that the employees use that lot. Al Turinese explained that the people voted on the Town Hall renovations without any plans. The town should go back to the Historical Commission regarding the cemetery, and it is not fair to the neighborhood to park on Union Street. He also brought up the fact that a parking variance was denied to an applicant at 34 -36 South Main Street. That request was for only a few spaces. Mr. Turinese further asked if there is a difference for private individuals or for the town. Dave Loving, 31 West Street, an abutter and member of the Historical Commission, stated that he was in favor of this variance. Police Chief ONeill explained that the support lies in that this is just a path and does not bother the cemetery; three (3) feet is a sufficient width, not six (6) feet; and if you limit the seclusion, you keep out people with less than honorable intentions. Amos Robinson, Mill Street, is against putting a walkway through a cemetery. Bill Madan stated that it is absurd to walk through a cemetery. Bill Williams, Town Manager, stated that he would like to thank the Board for their time and comments and the town would like to re- establish the downtown and preserve the town. Karl Clemmey stated that he likes the concept for this Municipal Area and hopes that the Board does not create a precedent for small business. The hearing for David Losiewicz which was continued from September 18, 1995 and October 3, 1995 was reopened. Mr. Losiewicz presented the new requested Plan of a Proposed Addition dated February 2, 1993 and revised on October 4, 1995 prepared by Ralph Maloon, and also a list of abutters in favor of his addition. He further explained that he is requesting a variance for the purpose of constructing a covered deck onto the house located at 31 Perkins Avenue. The variance is necessary because the proposed deck falls within the minimum required 15 foot setback. The proposed deck will be constructed as an uncovered deck. However, the supporting structure has been designed to enable future construction of a covered screen porch on the rear portion of the deck. Therefore, I am requesting approval for the construction of a covered deck to accommodate future improvements on the deck. Right now the second story walkout has no deck, and there is a staircase on the outside that comes down into the chimney. Minutes of November 7, 1995 Mr. Losiewicz further explained that he purchased this house at an auction and it was an abandoned house. He has done a lot of work on the house, and he tried to put this deck in another location, but it came too close to the flood plain. The hearing closed at 11:00 P.M. A motion was made by Mr. Flynn and seconded by Mr. Secher to grant a variance to Mr. Losiewicz. Unanimously granted. Reasons: Configuration of house; location of flood plain; does not derogate from the intent of the Zoning By -Laws; and he has the support of his neighbors. Butler, Flynn, DeTrolio, Secher and Frederick. Mr. and Mrs. Rackette discussed with the Board their unhappiness over the construction at Old Colony. The Board listened to their complaints and advised them that their only recourse is to appeal the decision. A motion was made by Mr. Flynn and seconded by Mr. Vultaggio to approve the application for a Special Permit to allow for a modification of the Landscaping and Screening requirement for the proposed Police Station at 50 West Street. Approved. 4 -1. Yes - Butler, Flynn, Secher, Vultaggio. No. DeTrolio Leonard Flynn left the room before the discussion began on the application of the West Mansfield Fire Station. A motion was made by Mr. DeTrolio and seconded by Mr. Frederick to approve the application for a Special Permit to allow for a modification of the Landscaping and Screening requirement for the proposed West Mansfield Fire Station, located at the corner of School and Plymouth Streets. Unanimously granted. Butler, Secher, DeTrolio, Vultaggio, Frederick. A motion was made by Mr. Flynn and seconded by Mr. Frederick to approve the application for a Special Permit to allow for a modification of the Landscaping and Screening requirement for the proposed Municipal Complex, comprised o the Park Row School Building and the Memorial Hall Building. Unanimously granted. Butler, Flynn, Secher, DeTrolio, Frederick. Condition: With an additional requirement to extend the stockade fence to cover the rear of the Maloon and Calhoun properties and remove the chain link fence. A motion was made by Mr. Flynn and seconded by Mr. Vultaggio to approve the application for a Special Permit to allow for the alteration of a pre - existing non - conforming structure by adding a connector between the Park Row School Building and the Memorial Hall Building located on Park Row. Unanimously granted. Butler, Flynn, Secher, DeTrolio, Frederick. Minutes of November 7, 1995 A motion was made by Mr. DeTrolio and seconded by Mr. Flynn to continue the hearing on the application for a variance for the number of required parking spaces associated with the proposed municipal complex (Park Row). Unanimously approved. The meeting adjourned at 12:30 P.M.