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MINUTES frt?a� CiJo`iE�IS
MARCH 4,1997
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; Richard Devine; Jack Vultaggio, Associate Member; and
Olivier Kozlowski, Associate Member.
The hearing on the Appeal by Diana Cole of a Decision of the Inspector of Buildings wherein he
issued an Order to Cease and Desist operations at an auto repair and body shop business, located
in a detached garage to the rear of the home located at 437 West Street, said activity being a
non - permitted use in the R -2 Zone began at 7:30 P.M.
The application was labeled as Exhibit "A'; a newspaper advertisement as Exhibit "B'; and a
letter from the Planning Board was labeled as Exhibit "C ". Mr. Daniels read a letter from the
Planning Board into the record. "With five (5) members present, they voted unanimously that the
alleged operation of an auto repair and body shop business is a non - permitted use in an R -2 Zone
and to support the Decision of the Inspector of Buildings wherein he issued an Order to Cease
and Desist operations at that location."
Mr. Secher asked the applicant to present her case.
Diana Cole read a letter she had written explaining that she and her husband had built a 30' x 36'
garage 200 feet behind their house. Her husband is ill with phlebitis and can only work and be on
his feet for four hours a day. They have no gasoline, just explosion -proof propane tanks. Mrs.
Cole works as an auxiliary police officer. They have teenage children and stepchildren, all with
their own cars. Mrs. Cole further stated that this is not a business, but they do favors for friends,
and in turn their friends to favors for them.
Mr. Daniels read a letter from Alice Donahue into the record. "My name is Alice Donohue, I live
in Taunton and work at Motorola at 575 West Street in the industrial park. Five days a week, I
drop my child off for the day on West Street. Behind the area that the children play is an
automobile repair shop, located at 437 West Street. (it says Cole on the mailbox). The smell of
gasoline and paint is, at times, overwhelming. This is a hazardous situation that the children
should not be exposed to. Who knows what chemicals are being used. The people who watch
my children do not want to complain, but as a parent I must demand that your board look into this
Minutes of March 4, 1997
(Page 2 of 8)
dangerous situation. How is is that automobile repair business can be allowed to operate in a
residential area of town? The safety of my child is at risk. The presence of this repair shop
creates a hazardous environment for everyone. I would prefer to remain anonymous, however,
you may contact me at (508) 261- 4000 X281. Please take the time to look into this matter as the
health and safety of the children must come first."
Mr. Daniels read a letter from Mansfield Repair Shop Owners into the record. "We, the repair
shop owners of Mansfield, are not making a formal complaint, but are placing the Board of
Selectman on notice. There is an unlicensed body shop being operated in a residential zone at 437
West Street by Robert Cole. Not only is this shop operating without a license, he is doing
business with the Town of Mansfield. Enclosed are the registration form for motor vehicle repair
shops in the state and the requirements for auto damage repair shops which shows what is
requested to operate a repair shop in the Town of Mansfield Also enclosed is a copy of a bill to
the Mansfield Fire Department for work done on town vehicles at this unlicensed repair shop.
This is a slap in the face for those of us who follow the rules and abide by the licensing process.
We would like this operation shut down immediately. We would also like to keep this
confidential. Please enforce the rules."
The Board raised the issue of these letters being bogus, but since they were sent to the Selectman
and date stamped, they were allowed to be read into the record.
Mr. Flynn presented a copy of a bill, which he received from the Building Inspector, which was
issued from the Mr. and Mrs. Cole to the Mansfield Fire Department for $499.00. Mrs. Cole
explained that they were just doing a favor.
Fire Chief Sliney stated that Mr. Cole is an old friend who did business in the past, and in this case
the work was not done on the premises, it was sent over to Attleboro to be completed.
The Board raised the issue that when you earn income it is a business, and the ZBA's purpose is
to act on Bert Cook's decision; to decide if he was right or wrong in his interpretation.
Sandra Levine, 20 Walnut Street, stated that she lives directly behind Mr. and Mrs. Cole and she
has never ever seen a car drive into that garage, and if it is a business it is a surprise to her. She
has never heard anything or smelled anything.
Dave Reilly, a friend from James Street, stated that it is just a hobby for Mr. Cole and if it was a
business they would be bankrupt.
Minutes of March 4, 1997
(Page 3 of 8)
The hearing closed at 8:10 P.M.
The hearing on the application of Charles Campbell for a Variance from Sections 4.2.1 and
1.5.17a of the Zoning By -Law to allow for a residential lot near 136 Oak Street with less than the
required frontage and lot width, said lot being a part of Lots 29 and 77, on Map 15 in the R -1
Zone began at 8:10 P.M.
Mr. Flynn stepped down from this hearing because the Conservation Commission holds the
abutting property.
Mr. Vultaggio was appointing voting member in place of Mr. Flynn for this hearing.
The application was labeled as Exhibit "A "; a newspaper advertisement as Exhibit "B'; and a Plan
of Land dated October 21, 1996 prepared by David E. Grant, Professional Land Surveyor,
Mansfield, MA, was labeled as Exhibit "C ". Mr. Daniels read a letter from the Planning Board
into the record. "With five (5) members present, they voted unanimously to send a negative
recommendation on the application."
Mr. Daniels read a memo from the Mansfield Conservation Commission to the ZBA dated March
4, 1997. "As an abutter to the property, we have the following comments. The application states
that the proposed use of the property is a single family home. To preserve the integrity of the
adjacent open space land, one single family home would be preferable. Our concern is tliat at
some future point in time, an attempt might be made to construct additional homes on the lot
through a Special Permit from the Planning Board for a Residential Compound. The
Conservation Commission would suggest that a condition be placed on the granting of the
variance would would allow one (1) single family home to be placed on Lot 2."
Mr. Secher asked the applicants to present their case.
Attorney Edward Valanzola explained that he is representing the applicants, Charles and Leann
Campbell. His first comment was that the Planning Board in their letter of recommendation did
not explain why they were recommending a negative recommendation.
Mr. Valanzola stated that Charles and Leann Campbell were both born and grew up in Mansfield.
They have been married for one year. Leann grew up in the house which is next to Lot 2. The
current owner of Lot 2 is Laura Woodward who has resided in the single family home located on
Lot 1 for approximately 35 years. Ms. Woodward has been a neighbor and a lifetime family
Minutes of March 4, 1997
(Page 4 of 8)
friend of Leann and her family Ms. Woodward would like to sell her 200,000+ square foot lot for
a very low price to Charles and Leann Campbell so they can build a home and raise their family in
Mansfield, next to Leann's parent. The relief requested will not cause substantial detriment to the
public good. The lot size well exceeds the zoning requirements as well as the surrounding lots in
the general area. Lot 2 shall remain wooded and will only be cleared to allow for a driveway and
the area on which the house will be constructed. The shape of the lot, which is sufficient in size,
is causing the hardship.
Mr. Daniels read letters, all in support of the Campbells from: Ronald G. Bouchard, 11 Lantern
Lane; Marjorie Oldmixon, 3 Lantern Lane; and David and Elizabeth Kulick.
Mr. Daniels read a letter dated February 10, 1997 from Laura A. Woodward into the record: " I,
Laura A. Woodward give my permission to Charles A. and Leann K. Campbell to apply for a
variance for the property at 136 Oak Street, Mansfield, MA (Lot 2). For personal reasons I will
not be able to attend the Variance Hearing on March 4, 1997, but do wish to show my support for
Chuck and Leann for reasons I will explain in this letter. I have lived at 136 Oak for over 35
years and have been neighbors and close friends of Al and Saundra Slaney for almost 30 years. I
have seen all five of AI's and Saundra's children grow up, and nothing would please me more than
to see Chuck and Leann build a home next to her parents. In the past I have been approached by
many builders offering me large sums of money to buy the land and build it up. There are more
things in life much more important to me than money, like preserving the wildlife and keeping
family together. I am selling this land to Chuck and Leann for a very modest amount because
profit is not what I want from selling this land. Chuck an Leann have a rare opportunity to live
next door to her parents and start their own family in the same place that Leann grew up in. "
The following people were present at the meeting and gave their full support to the applicants:
The NRT (Janet Meszdey), Norman Mahana, Peter DeTrolio, Diane Mahana, and Al Slaney.
The hearing closed at 8:35 P.M.
The hearing on the application of Michael Kelly for a Finding per Sections 3.10.4.B and 6.2.2.13
of the Zoning By -Law to allow for the alteration (addition to rear of existing garage) of a
pre - existing, non - conforming residential structure, located at 17 Fruit Street in the R -2 Zone
began at 8:35 P.M.
The application was labeled as Exhibit "A'; a newspaper advertisement as Exhibit "B "; and a
Zoning Board of Appeals Plan dated September 19, 1991 prepared by Hutchins - Trowbridge
Minutes of March 4, 1997
(Page 5 of 8)
Associates, Inc., Mansfield, MA, was labeled as Exhibit "C ". Mr. Daniels read a letter from the
Planning Board into the record. "With five (5) members present, they voted unanimously to send
a positive recommendation on the application based on item 8 of the application in which the
applicant states that no additional non - conformity will be created by the proposed addition."
Mr. Daniels read a note from an abutter, Donald Stockwell, 10 Fruit Street into the record. "I
know what Mike Kelly plans to do, and I have no objection."
Mr. Secher asked the applicant to present his case.
Mr. Kelly explained that he would like to construct a 12.3' x 16' addition to the rear of his garage
for storage, and this addition did not create any additional non - conformity.
The hearing closed at 8:40 P.M.
The hearing on the application of Charles Sarakin, Mansfield Congregation of Jehovah's
Witnesses continued from February 4, 1997 was continued at 8:50 P.M.
Mr. Daniels read a letter into the record from Charles W. Sarakin. "This is to authorize Mark
Bernabei to represent me on behalf of the Mansfield Congregation of Jehovah's Witnesses. He
will speak at the upcoming hearing relative to our request to erect a sign on our property at 6
School Street, Mansfield, MA."
Mr. Bernabei presented to the Board the documents requested at the February 4, 1997 meeting
showing exactly where the sign will be placed on the building and the exact size of the letters.
The hearing closed at 9:00 P.M.
The hearing on the application of William Lorigan, Moeser & Associates ( Wendy's) continued
from January 21, 1997 was continued at 9:00 P.M.
Mr. Daniels read a letter dated February 10, 1997 from the Planning Board into the record. "On
Wednesday, February 5, 1997, the Mansfield Planning Board with five (5) members present, met
with representatives of Wendy's to review their Special Permit application. Following this
meeting, the Planning Board voted unanimously to send you a positive recommendation based on
the following conditions which were agreed upon by Wendy's representatives:
Minutes of March 4, 1997
(Page 6 of 8)
1. To replace the chain link fence along the Henry Street side of the property with an 8 foot
high solid wood fence.
2. To provide an 8 foot high wooden enclose around the dumpsters with the details to be
worked out with the Planning Director.
3. To extend the stop line across the two lanes of traffic (Item 18 on Plan dated 10124196).
4. To add speed bumps across the through area which intersects with the queue lane.
5. Entrance to be one -way with appropriate signage.
6. First parking space in front on north side of building to be replaced with a curbed,
landscaped area and tied into the other proposed landscaped area in front of the building.
7. Eliminate the striped area to the south of this area and replace with a curbed, landscaped
area forming a "T" shaped green area in front of the restaurant.
If you have any questions, please contact the Planning Department."
Mr. Lorigan was present, and all the Board Members have been sent copies of newly submitted
plans. Also present was Keith Haigh, a representative of Wendy's Corporation, Southeast New
England, Engineering Division and David Jocher, District Manager.
Mr. Haigh explained that Wendy's was purchased in the Spring from a previous franchisee and is
now owned by Wendy's Corporation.
Further:
Late night deliveries have been rescheduled from 8:00 A.M. - 5:00 P.M.
Dumpster noise has been rescheduled from 8:00 A.M. - 5:00 P.M.
Trash bins have been removed and were replaced with low profile bins with plastic lids to
eliminate noise.
Minutes of March 4, 1997
The intercom has been replaced and placed at a lower volume.
(Page 7 of 8)
To eliminate the repulsive odor the grease and storage areas have been steam cleaned.
In regard to the light issue: Wendy's have met with the manufacturers of the lights and shields
have been installed. No further lights will be installed, and automatic timers are to be installed.
Visual Screening - an 8 foot solid wood fence will be installed to resolve this issue.
Objectionable noise levels - the new speakers will help this problem.
Traffic backups - before the new changes they have a stacking area of 130 feet, with the proposed
changes they will have a stacking area of 290 feet.
Litter - they have increased the frequency of barrels cleaned out and they have also purchased
additional trash barrels.
New Construction - Wendy's representatives are willing to work this out with the abutters. If
Wendy's is shut down for construction with should only take about 2 weeks - but if the store
remains opened it will take much longer. This will be discussed with abutters.
An abutter, Cameron McNeill of Henry Street, wanted to know what assurances the abutters will
have.
Mr. Haigh explained they will give out their business cards and can be called any time. Also, it is
in the best interest of Wendy's to maintain their stores because they are rewarded for the
appearance of their store.
Karl Clemmey, an abutter, stated that Wendy's has done everything to comply with the Boards,
they are doing all improvements. They are valuable to the Town by creating jobs and paying
taxes.
The hearing closed at 9:45 P.M.
A motion was made by Mr. Butler and seconded by Mr. Flynn to grant a finding to Mr. Kelly.
Unanimously granted. Secher, Flynn, Butler, Daniels, Devine. No increase in non - conformity.
Minutes of March 4, 1997
(Page 8 of 8)
A motion was made by Mr. Butler and seconded by Mr. Vultaggio to grant a variance to Mr. and
Mrs. Campbell. Unanimously granted. Secher, Butler, Daniels, Devine, Vultaggio. Hardship is
the irregular shaped lot with the condition - single family house on Lot 2.
A motion was made by Mr. Daniels and seconded by Mr. Devine to grant a variance to Jehovah's
Witness. Unanimously approved. Secher, Flynn, Daniels, Butler, Devine. Alleviates the problem
of people finding the building; they complied with the requests. Condition - no lighting.
A motion was made by Mr. Vultaggio and seconded by Mr. Butler to grant a Special Permit to
Wendy's. Unanimously approved. Secher, Devine, Flynn, Butler, Vultaggio
A motion was made by Mr. Devine and seconded by Mr. Flynn to uphold the Decision of the
Building Inspector in regard to the Cole Appeal. Unanimously upheld. Secher, Flynn, Butler,
Devine, Daniels.
A motion was made by Mr. Butler and seconded by Mr. Flynn to approve the Minutes of
February 18, 1997.
The meeting adjourned at 10:15 P.M.
Respectfully s b 'tied,
Donald Daniels, Clerk