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HomeMy WebLinkAboutZBA_05211996ZONING BOARD OF APPEALS MINUTES 0' ` "_'? MAY 21, 1996 The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA, at 7:45 P.M. Present at the hearing were the following members: Donald Daniels, Acting Chairman; Leonard Flynn, Clerk; Peter DeTrolio;, Eric Butler Duane Frederick, Associate Member; and Jack Vultaggio, Associate Member. The Hearing on the Application of Scott and Denise MacDonald for a Variance from Section 4.2.1 of the Zoning By -Laws to allow for a garage and mud room addition to an existing dwelling at 40 Ian Keats Drive in the R -1 Zone began at 7:45 P.M. The Application was labeled Exhibit "A "; newspaper advertisement as Exhibit `B'; and an updated Zoning Plan dated April 25, 1996 prepared by Hutchins - Trowbridge Associates, Mansfield, MA, was labeled Exhibit "C ". Mr. Daniels read a letter dated May 9, 1996 from the Planning Board into the record. "With six members present they voted four (4) in favor and (2) opposed to send a negative recommendation on the application. Mr. Daniels asked Mr, McDonald to present his case. Mr. McDonald explained that they purchased their home in April, 1992, and did not have enough money at that time to do this work. The builder was supposed to make provisions for future work to be done. The fact that a variance would be needed was not learned until recently. A letter from an abutter, Robert Gemme, dated May 21, 1996, was read into the record supporting this request. Mr. Flynn suggested that decreasing the mud room from 16' to 12' would simplify this issue and the request for a variance would not even be necessary. The Hearing closed at 8:00 P.M. The hearing on the application of the Mansfield Conservation Commission for a Variance from Sections 4.4.4.5 and 4.4.4.6 of the Zoning By -Laws to allow for an unmarked, gravel surfaced parking lot, where a pave surface is required, and Section 4.7.4.1 to allow for an identification sign, not to exceed 32 sq. ft., where only 3 sq. R. is allowed, with said work to occur on the Scott/Goyea Conservation Area located on Oak Street [Map 15, Parcel 271 in the R -1 Zone began at 8:01 P.M Mr. Flynn excused himself from this Hearing. Mr. Vultaggio was appointed voting member for Mr. Flynn. Mr. Frederick was appointed voting member for Mr. Secher. Mr. Butler asked Mr. Lewis to present his case. Mr. Richard Lewis, Conservation Commission Agent, explained that there were two issues before the Board: 1) pavement and striping related to proposed parking lot on Conservation property; and, 2) proposed sign on traffic island. Plans were provided for review. Minutes of May 22, 1996 page 2 1) The Commission wants to construct a gravel parking lot for 17 spaces. A gate will be placed at the entrance to parking lot area to eliminate improper activities. Second gate will be placed at the access to the main trail. Keys to be provided to Police and Fire. The Highway Department will be repaving Oak Street and creating a wider entrance with some pavement to facilitate at access. 12" of draining gravel material would be used. This was also done recently at Memorial Park. Plowing was discussed relative to use in the winter months. 2) Sign - The proposed plan would be to clear the traffic island out with the stone wall remaining, along with some larger trees along the border of the island area. Loaming and seeding with wildflower mix will be done. Possibly some plantings of low ground cover will be done in the future. The scaled mark -up of sign was shown to the Board. The pros and cons of the wood versus metal were brought up by the Board. Mr. Frederick questioned why the parking lot is located on the bend in the road instead of on long strip of frontage. The Commission tried to plan for the future and felt this area may become more active over time (i.e. picnic tables). The potential to be used year -round versus seasonal was also taken into consideration. At the present time it is a low use area. Mr. DeTrolio felt aesthetics in the area should be considered and felt wood would be preferred. The State does not have requirements on the size or material for the sign. Abutter Sondra Slaney, 140 Oak Street, is concerned with regard to the sign creating a safety problem when entering and exiting the parking lot. Ms Slaney expressed opposition to the sign if it is to be placed in this particular location. Several other abutters expressed concerns with safety. The Hearing is closed at 9:00 P.M Old Business The Board discussed the appeal on the decision of the Planning Board and the issuance of the Building Permit. There was a discussion of the standing of the Appellant. A motion was made by Mr. Butler and seconded by Mr. Flynn that Arthur Remillard has standing but no harm or injury has been shown.. Motion was withdrawn in order to focus the discussion on the substantive issues of the Appeal. The consensus of the Board was that given the fact that Mr. Remillard lives across the street from the Town Hall project site, he does have standing to bring the Appeal. A motion was made by Mr. Butler and seconded by Mr. Flynn to grant the Applicant's request to overturn the decision of the Planning Board. In discussion Mr. Flynn expressed his belief that the Planning Board acted properly and within their authority under Section 4.4.1 of the Zoning By -Law to set the number of parking spaces. On a vote of 1 -3 -0 the Motion failed and, therefore, the Appeal is denied. A motion was made by Mr. Butler and seconded by Mr. Flynn to grant the Applicant's appeal to overturn the Building Inspector's decision to issue the Building Permit for the Park Row Town Hall Complex. In a discussion Mr. Flynn pointed out the Building Inspector acted properly since he relied upon the decision of the Planning Board. On a vote of 1 -3 -0 the Motion failed and, therefore, die Appeal is denied. Minutes of May 21, 1996 Page 3 Discussion on the Scott MacDonald Variance: The Board discussed the construction of the mud room/garage. A motion was made by Mr. Frederick and seconded by Mr. Butler to Grant the application. On a vote of 14-0 the Motion failed and, therefore, the Application for a Variance is denied. Reason: no hardship was shown. Mansfield Conservation Commission: A motion was made by Mr. Frederick and seconded by Mr. Vultaggio to postpone decision of Conservation Commission request for parking, signage on Oak Street location to June 4, 1996 Board meeting. Vote: 5 -0 -0. Correspondence: A seminar concerning Town Government Procedures will be held on May 23, 1996 at 7:00 P.M. The Board members are invited to attend. Minutes: A motion was made by Mr. DeTrolio and seconded by Mr. Butler to approve the May 7, 1996 Meeting Minutes. Vote: Unanimous. The meeting adjourned at 9:40 P.M. M LF /pap