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HomeMy WebLinkAboutZBA_06181996-1 Or H,.r,. : ILL O ZONING BOARD OF APPEALS 96 OCT 17 PH 3: 00 MINUTES i° AH i LU tl A S S A C H U S E T T S JUNE 18,1996 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: Richard Secher, Chairman; Donald Daniels, Clerk; Leonard Flynn; Eric Butler; Peter DeTrolio; Duane Frederick, Associate Member; and Jack Vultaggio, Associate Member, Mr. Frederick was appointed voting member in place of Mr. DeTrolio for this hearing. Mr. Vultaggio was appointed voting member in place of Mr. Butler for this hearing. Mr. Butler stepped down from this hearing as he was notified of this hearing as an abutter and he would be able to see the sign from his property, and he would like to exercise his right as a property owner. The hearing on the application of Church of Christ for a Variance from Section 4.7.4 of the Zoning By -Law, to allow for a freestanding sign, to be located at 26 Edgewood Street, larger than what is allowed in the R -2 Zone began at 7:30 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B'; and a picture of the Proposed Sign, was labeled as Exhibit "C ". Mr. Secher asked the applicant to present the case. Ms. Florence Spillane introduced herself as a representative for the Church of Christ. Ms. Spillane explained that the Church already owns the sign, which is the same sign they used at their previous location in North Attleboro where no variance was needed. The sign is a metal/ aluminum YxIO'xl' two -sided sign 24" off of the ground. They would like to illuminate the sign but it is not necessary. The Church feels that the sign is necessary for identification, worship times and messages. An abutter, Tom Manley, does not want to have an illuminated sign directly across the street from his house. Minutes of June 18, 1996 Page 2 of 4 An abutter, Mel King, who also lives across the street, was strongly opposed to having a large, illuminated sign. An abutter, Eric Butler, explained that while he understands the Church needs a sign for identification, he does not believe that such a large sign is necessary. The hearing closed at 7:45 P.M. The hearing on the application of Kathryn Ballou for a Variance from Sections 4.2.1 and 1.15.7A of the Zoning By -Law, to allow for the creation of two house lots [282 Gilbert Street and a new adjacent parcel] with less than the lot size, frontage area, and width required for the R -1 Zone began at 7:45 P.M. The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B'; and a Zoning Plan dated May 28, 1996 prepared by Hutchins- Trowbridge Associates, Inc., 200 Chauncy Street, Mansfield, MA, was labeled as Exhibit "C ". Mr. Secher asked the applicant to present her case. Nancy Udall who is representing Kathryn Ballou explained that the property has been in her family since 1940 when her great grandfather built the house. Ms. Ballou has lived in the house for 75 years. Several years ago she tried to have the parcel of land engineered and separated from the larger parcel but found that there was a title problem. The title has been cleared for approximately three years and the property is now in Ms. Ballou's name, but the zoning requirements have changed and she is requesting a house lot with less than the lot size, frontage area, and width required for the R -1 Zone. Mrs. Udall further explained that in this area there is a mixture of house styles, industrial land and and that the house would be in the $200,000 price range. Also, there is a personal hardship in that Ms., Ballou's stepfather owed alot of money. Ms. Ballou has now retired and owes thousands of dollars in back taxes and her house is in the process of foreclosure. Sally Wood, 345 Otis Street, was in support of this variance application. l Rena Annese, 270 Gilbert Street, was opposed to this variance applicant and feels that the land slopes dramatically and wanted to know why the Town has laws if they are not being enforced. Minutes of June 18, 1996 Page 3 of 4 William Kaphaem, 288 Gilbert Street, was also opposed to this variance application and feels the property value would decline. The hearing closed at 8:10 P.M. The hearing on the application of Patriot Supply Cop. for a Special Permit, per Section 3.10.A and 6.2.2.B of the Zoning By -Law, to allow for the alteration of a pre - existing conforming structure on a pre - existing, non - conforming lot located at 172 Copeland Drive in the B -3 Zone began at 8:15 P.M. The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B'; and a Site Plan dated May 29, 1996 prepared by Hutchins - Trowbridge Associates, Mansfield, MA, was labeled as Exhibit "C ". Mr. Secher asked the applicant to present his case. Mr. Jeff Vigeant explained that he has rented this building for 10 years and needs more room. But before he purchases the building he wants to go straight up and put .a second floor on the building to be used as an office. He will not be changing the footprint at all. Gene Repucci, 284 Central Street, was in full support of this addition and stated that Mr. Vigeant was an awfully good neighbor. The Board members agreed that they needed to see elevation drawings in order to make a decision. Mr. Vigeant put a request for a continuance in writing and will present elevation plans at our next meeting. A motion was made by Mr. Butler and seconded by Mr. DeTrolio to continue this hearing until next month's meeting. Unanimously agreed. Robert Gagnon, 1405 West Street, presented his new Plan of Land dated April 22, 1996 prepared by Rim Engineering Co., Inc., Mansfield, MA, and was labeled as Exhibit "D ". The hearing closed at 8:20 P.M. Minutes of June 18, 1996 Page 4 of 4 A motion was made by Mr. Flynn and seconded by Mr. Frederick to approved the variance to Church of Christ. Those in favor to approve; Vultaggio, Frederick and Flynn. Those opposed: Daniels, Secher. Motion fails - 3 -2. Reasons: Derogates from the intent of the Zoning By -Law; considerable objection from the neighbors; and lighted signs are not allowed in a residential area. A motion was made by Mr. Flynn and seconded by Mr. Daniels to approve a variance to Kathryn Ballou. All in favor -0 -; all opposed 5. Unanimously denied. ( Secher; Daniels; Flynn; DeTrolio; Butler). Reasons: Would create two (2) non - conforming lots; derogates from the intent of the Zoning By -Law; would set a terrible precedence; and no hardship was shown. A motion was made by Mr. DeTrolio and seconded by Mr. Frederick to approve a variance to Mr. Gagnon. Reasons; he changed his plans to create less of a non - conformity; and it is a hardship where the house is located. ( Secher; Butler; Flynn; DeTrolio and Frederick), A motion was made by Mr. Butler and Mr. Vultaggio to accept the Minutes of June 4, 1996 with amendments. A motion was made by Mr. Daniels and seconded by Mr. Butler to approve the Executive Session. Unanimously approved. The meeting adjourned at 9:00 P.M. Respectfully submitted, �! f Donald Daniels, Clerk