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HomeMy WebLinkAboutZBA_03041997ECF u 11111'= R% °r r- �� � EC ZONING BOARD OF A$P %LS ' +R17PH2:13 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