HomeMy WebLinkAboutZBA_02201996ZONING BOARD OF APPEALS
MINUTES
FEBRUARY 20, 1996
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;
Richard Secher; Peter DeTrolio; and Donald Daniels.
The hearing on the application of Arnold Gentilezza for a Special Permit, per Section 4.3.5 of the
Zoning By -Laws to allow for alternative Landscaping Plans for Sections 4.3.6 [Landscaping
Buffer Strips] and 4.3.9 [Landscaping Adjacent to Buildings] for a proposed Osco Drug Store
located on Chauncy Street, Copeland Drive, and Giles Place in the B -3 Zone began at 7:30 P.M.
The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B'; a Landscape
and Lighting Plan, Osco Drug Store No. 18 -362 dated January 11, 1996 prepared by T.F. Moran,
Inc., Bedford, N.H., was labeled as Exhibit "C "; and a Title Sheet Development Plan, pages 1 -11,
dated January 11, 1996 prepared by T.F. Moran, Inc., Bedford, N.H., was labeled as Exhibit "D ".
Mr. Flynn read a letter from the Planning Board into the record. "With five (5) members present
they voted three (3) in favor with one (1) abstention to send a positive recommendation on the
application. It is the opinion of the Board that Osco has complied with the intent of the
landscaping provisions of the Zoning By -Law. The Planning Board recommends additional
landscaping, perhaps in the form of planters to be located on the west side of the site adjacent to
or on top of the proposed retaining wall."
Mr. Flynn read letters from the following into the record: Vincent J. and Linda Mitchell,
Foxboro, MA; Thomas C. White, Chief Executive Officer, Rockland Federal Credit Union,
Rockland, MA; Edward Marcheselli, Chauncy Realty Trust, Mansfield, MA; B.Benjamin Cavallo
and Frank A. Signoriello, Mansfield, MA. "Recently, we entered into a Purchase and Sale
Agreement with the Kennedy Development Group, Inc., who assigned the Purchase and Sale
Agreement to American Stores Properties, Inc. It is our understanding that our properties plus
additional adjacent properties are being combined for the purpose of constructing an OSCO Drug
Store. At this time, we hereby assent to and authorize American Stores Properties, Inc. to include
the above - stated properties in their application for a Special Permit to the Zoning Board of
Appeals for a waiver as to landscape and buffering requirements under the zoning ordinances."
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Minutes of February 6, 1996
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Mr. Butler asked the applicant to present the case.
Carol Riehlman of T.F. Moran, Inc., introduced herself as the landscape engineer, presenting the
applicant. Ms. Riehlman explained that American Stores Properties, Inc., is requesting a
reduction in the required landscaped buffer strips for the proposed Osco Drug Store on Chauncy
Street. The landscaping variance is being requested because in order to have the 75 required
parking spaces, the landscaping now is less. The proposed lot is bordered by three streets;
Chauncy Street, Copeland Drive and Giles Place. The three streets form an irregular shaped lot,
making it difficult to obtain an efficient site design. Trying to meet the landscaped buffer strip
requirements on all three streets further reduces the useable area of the proposed lot. The site is
located within the B -3 Highway Business Zoning District. The open space requirement for this
districts is 0 %. The introduction of the required landscaped buffers along all three streets would
result in an open space requirement of 30% to 40 %. This by far exceeds the density and
dimensional regulations. The Osco projects, as designed, proves 12.7% open space which we
believe meets the intent, if not the letter, of the landscaping and screening requirements. Section
4.4.1 of the Mansfield Zoning By -Law requires a ratio of 1 parking space /200 square feet of gross
floor area. The gross floor area of the proposed Osco is 12,910 square feet which results in a
requirement of 65 spaces, Section 4.4.4.17 of the by -law requires that additional parking spaces
be provided for employees. In the case of the proposed Osco, this is eight additional spaces
making the total parking spaces required 73 spaces. Osco only requires 45 to 50 spaces for its
operation. The 73 space requirement is a 46% increase in the parking spaces needed by Osco,
therefore, eliminating the possibility of providing additional landscaped areas on this site.
American Stores did approach the abutters in an attempt to acquire additional land in order to
provide the required landscape buffers and to create a rectangular lot. There was a land swap
agreement made; however, the abutters were unwilling to transfer any more land than that shown
on the submitted design drawings. The proposed building is a prototypical design which has been
painstakingly detailed to the square foot. A complete architectural redesign would be required if
the building footprint is changed at all.
Along Chauncy Street, a 1.0 foot high berm is proposed with a 3:1 foreslope (street side) and a
2.0 foot vertical drop on the backslope (parking lot). The entire length of the berm will be heavily
landscaped with 2.0 foot high shrubs along the top of the berm. This will in effect immediately
provide a 4.0 foot high wall screening the parking lot from the street. Both the Junipers and the
Rhododendrons proposed for the Chauncy Street frontage should double in size in a two -year
period, providing an increasingly taller vegetative screen between the public way and the
commercial use.
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The Copeland Drive frontage is the area where the narrowest buffer is proposed. South of the
! access driveway to the Osco site, the sidewalk elevation and the drive - through elevations vary
only by 3/4 of a foot. In an attempt to provide a visual buffer in this narrow area, evergreens are
been proposed. The cluster of three Mugo Pines and the Columinar Hetz Juniper will screen the
parking bays from the Residential Zone. North of the access drive, the buffer widens out to the
required 15 foot minimum, is bermed up and heavily planted with a variety of evergreens,
broad - leafed evergreens, street trees and annuals. This portion of the site is the only area that
directly abuts a residential zone and is therefore the most heavily landscaped. Proposed plantings
are shown in the Town Right -of -Way, rather than leaving an unlandscaped strip adjacent to the
back of sidewalk.
Giles Place will be enhanced by the construction of a bituminous concrete sidewalk along the
entire frontage. Street trees and shrubs will be planted behind the sidewalk in a 10 -foot wide
planting bed. The landscaped bed is bermed and after a couple of years the shrubbery will
completely hide the parking and loading dock from passing pedestrians and motorists. There is
complete fire access around the building.
Ann Charter, a Design Landscape Architect presented pictures of the various vegetation the
applicant intends to plant. For example, Red Maple, Bradford Pear, Andorra Junipers,
Rhododendrons, Mugo Pines, Columinar Hetz Juniper, Brower's Beauties, flowing shrubs, and
Holly. The applicant has a desire to have no grass because it is very high maintenance.
Mr. Butler express a concern with the visibility when pulling out of the lot. Ms. Riehlman
explained that there will be no problem with visibility because they plantings will be approximately
10 feet back from the sidewalk.
Mr. Flynn wanted to know why there are three entrances. Ms. Riehlman explained that there will
be tractor trailers unloading, and the Giles Road entrances will receive traffic coming from the
Post Office.
The Board requested that the Plans need to be stamped by an Engineer before any decisions can
be made. Ms. Riehlman will have the plans stamped.
The hearing closed at 8:15 P.M.
The discussion on the application of Donald Medeiros for a Variance from Section 4.2.1 of the
Zoning By -Laws to allow for the construction of a canopy structure, with less than the required
front yard set back, at the gas station located at 157 Pratt Street in the R -1 Zone which was
continued from February 6, 1996 began at 8:15 P.M.
Minutes of February 6, 1996
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Mr. Flynn read a letter dated February 15, 1996 from Tyree Consulting Co. into the record.
"Pursuant to the Board's request during the February 6, 1996 meeting, enclosed please find a
canopy detail plan. The plan depicts both 42" and 36" canopy fascias. As outlined on the
structural steel detail, the minimum fascia height required is 36" in order to allow sufficient
shrouding of the structural members behind the fascia. I have also enclosed three pictures of a
canopy erected on Route 20 in Wayland. These photos display a fascia that has been reduced to
the point that it serves no purpose aesthetically. I do not believe this would be in keeping with
the Board's wishes for this property. Based on the Board's recommendations, the applicant has
agreed to forego any logo signage on the canopy fascia. The tripband is non - illuminated and
intented to have the appearance of a sunset. As a manufacturer - installed decal, it does not have a
depth dimension and is in synergy with the building tri -band and Citgo's national image. Our
experience leads us to believe that straying too far from an expected image can be perceived as a
visual "sore thumb ". Imagine black arches at a McDonalds. We hope that the Board members
have the opportunity to view other canopies. We feel that this will assist the members in
concluding that our application will not be detrimental to the neighborhood nor will it derogate
from the By -Laws due to the many benefits of having a room structure over the pump islands.
With respect to the discussion on the freestanding identification sign; we agree with what appears
to be the Board's consensus. Specifically, that the sign should be relocated onto the applicant's
property and that it is of sufficient height so as not to pose any threat to either pedestrian or
vehicular traffic. We look forward to working with you on this project."
The applicant presented plans dated February 16, 1996 prepared by Tyree Consulting Co.,
Westborough, MA and labeled as Exhibit "E ".
A motion was made by Mr. DeTrolio and seconded by Mr. Flynn to grant a variance to Mr.
Medeiros with the conditions that the Zoning Board allows an all white overhead canopy of
32'x24' with a maximum height clearance of 14'6" and a maximum facia not to exceed 24 ", with
no signage. Unanimously granted. Butler, Flynn, DeTrolio, Secher and Daniels.
On the application of Dale Paccione and Bill Richards, Mr. Flynn read a letter dated February 20,
1996 from Bob Mangiaratti, Town Counsel, into the record. "Is this a use variance? The
Petitioners seek to use an existing structure as a three - family dwelling in the R -3 Zone. The
Mansfield Zoning By -Law addresses this issue in the Schedule of Principal Use Regulations
Section 3.3. Clearly, the By -Law distinguishes a two - family dwelling from a multiple residence as
a matter of use. Accordingly, the subject petition is an application for a use variance. Can the
ZBA grant a use variance? General Laws Chapter 40A, Section 10 provides that use variances
may not be granted unless expressly authorized by a Zoning by -law. Article 6.2.2C of the Zoning
By -Law was amended by Article 32 of the April, 1994 Spring Town Meeting. That amendment
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deleted the portion of the By -Law which previously had allowed use variances. Therefore the
Zoning Board of Appeals does not have the authority to grant a use variance." The Board agreed
in order to bring this matter to an end, they will await further word from Town Counsel on how
to bring this matter to closure.
The Dutra decision. Please place in the Minutes and in the Decision that the restrictions should be
a single service for water, sewer and electricity.
A motion was made by Mr. Flynn and seconded by Mr. Daniels to approve the Minutes of
February 6, 1996 with changes made. Unanimously approved.
Secretarial pay increase was discussed since Karen Lawlor has not received any increase in two
years. Mr. DeTrolio will try to find out what other Board secretaries are making.
Mr. Butler asked that Reorganization be placed on the agenda for the next meeting, along with
the secretarial pay increase.
The meeting adjourned at 10:00 P.M.
Resp Y,47)) ted,
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Clerk