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HomeMy WebLinkAboutZBA_04151997I _ RECEIVED TOWN OF MANSFIELD Itls', r' rn'lq OFFICE 97 JUN -4 PH 3; 16 ZONING BOARD OF APPEALS HA' NSFIELO MA SACHUSETTS IN RE: APPLICATION OF BLACKHAWK REALTY TRUST STATEMENT OF FACTS The Board of Appeals for the Town of Mansfield conducted a public hearing on the petition of Blackhawk Realty Trust for a Modification of an existing Special Permit to allow for the placement of a 6 foot high fence instead of the plantings required in the previously issued Special Permit for work at 66 West Street (Old Colony Motors) in the R -2 Zone. The hearing was held on the 15th day of April, 1997, in the Town Hall, Mansfield, MA at 7:30 P.M. Present were the following members: Richard Secher, Chairman Eric Butler Donald Daniels, Clerk Richard Devine Leonard Flynn Due notice of this meeting was given by mail, postage pre -paid, to all persons deemed to be affected thereby as abutters and other land owners, as shown on the most recent tax list. Notice was also given by publication in the Mansfield News, a newspaper published and circulated in said Mansfield, MA. An attested true copy of said notice was introduced as Exhibit "B ". Also introduced were the following: Application to the Board was labeled as Exhibit "A"; and a Plan of Land prepared by Rim Engineering Co., Inc., Mansfield, MA dated December 1, 1994 and revised on 3/21/95, 4/4/95, was labeled as Exhibit "C ". Mr. Daniels read a letter from the Planning Board into the record. "With four (4) members present, they voted unanimously to send a negative recommendation on the application for the following reasons: (1) The Planning Board strongly feels that the plantings would be an attractive asset to the area and in keeping with what was approved. (2) A fence would be detrimental to the area. (3) The entire building was constructed without amenities and the excuse given for not planting trees is that they won't survive according to some "expert" -- with no substantiating evidence. The Board believes the solution would be to find trees that would survive. (4) Buffering requirement for the front of the property has been totally ignored. (5) The application is poorly explained in that modifications are not identified on the plan. (6) The applicant has failed to provide curbing necessary for safety purposes. (7) The applicant has failed to provide any of the plantings necessary for buffering or aesthetic purposes." Decision of Blackhawk Realty Trust Mr. Sarre, explained that the shaded area on the plans (the area where the arborvitaes were to be planted) would be detrimental to the growth of trees in that area. Old Colony Motors spoke with the Lovings (the abutters directly next to the showroom) and the Lovings, after having contacted an arborist, who agreed with Mr. Sarro about the shaded areas, agreed to the construction of a six -foot stockade fence. DECISION On the 15th day of April, 1997, the Zoning Board of Appeals with all the aforementioned members present, and after careful and due consideration of the testimony taken in written and oral form at the public hearing, the exhibits presented, individual fact gathered by each member, and consideration of other pertinent evidence found that: 1. Desired relief may be granted in this case without any significant harm to the public welfare and good; 2. The applicants can be allowed relief without nullifying the essential purpose or intent of the Mansfield Zoning By -Law as determined by the Board after intensive consideration; 3. This Special Permit does not substantially derogate form the intent of the Zoning By -Law; Therefore, all members present and voting, it was unanimously voted to modify the Special Permit for Black Hawk Realty Trust that all conditions specified in the original Permit and Plan (dated December 1, 1994 and revised on 3/21/95, 4/4/95), will be completed. The fence shall be a 6 foot high cedar stockade fence with the last 2 to 3 sections tapered toward the street (approximately 24 feet) . The fence will go along the west side (158 feet) and to the river with the rails facing in, and modify the stockade fence where the arborvitaes and chainlink fence are noted in the plan. Unanimously approved (5 -0 ) (Secher, Flynn, Butler, Daniels, Devine). Further, this Special Permit is granted in accordance with the provisions of the Zoning By -Law of the Town of Mansfield and is subject to all of its regulations unless specified otherwise within this Decision. Decision of Blackhawk Realty Trust It shall be the sole responsibility of the applicant and/or his agents to obtain building permits and all other necessary permits or approvals required by other Town, State, or Federal laws and regulations. There is no permission herein expressed or implied for relief from the requirements of any State or local codes other than the Zoning By -Law of the Town of Mansfield. Appeals, if any, shall be made pursuant to Section 17 of Chapter 40A of the Massachusetts General Laws and shall be filed within twenty (20) days after the date of filing of such notice in the office of the Town Clerk. BOARD OF APPEALS OF THE TOWN OF MANSFIELD I: Record Tan 1-911 10.1, low above set forth: Eric Butler Richard Devine Filed with the Town Clerk, Mansfield, MA on: JUN 4 - 1J97 i i 1,, ZONING BOARD OF APPEALS 971- ,4-y22f111 Q5 MINUTES 11i- 1 1EL APRIL 15,1997 HASOA.C;IUSE1 T5 The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA, at 7:35 P.M. Present at the hearing were the following members: Richard Secher, Chairman; Donald Daniels, Clerk; Leonard Flynn; Eric Butler; Richard Devine; Olivier Kozlowski, Associate Member; and Richard Lewis, Zoning Board of Appeals Advisor. The hearing on the application of Blackhawk Realty Trust for a Modification of an existing Special Permit to allow for the placement of a 6 foot high fence instead of the plantings required in the previously issued Special Permit for work at 66 West Street (Old Colony Motors) in the R -2 Zone. The application was labeled as Exhibit "A; a newspaper advertisement as Exhibit "B"; and a Plan of Land prepared by Rim Engineering Co., Inc., Mansfield, MA dated December 1, 1994 and revised on 3/21/95, 4/4/95, 9/7/95, 10/16/95, 10/30/95 and 11122/95, was labeled as Exhibit "C ". Mr. Daniels read a letter from the Planning Board into the record. "With four (4) members present, they voted unanimously to send a negative recommendation on the application for the following reasons: (1) The Planning Board strongly feels that the plantings would be an attractive asset to the area and in keeping with what was approved. (2) A fence would be detrimental to the area. (3) The entire building was constructed without amenities and the excuse given for not planting trees is that they won't survive according to some "expert" -- with no substantiating evidence. The Board believes the solution would be to find trees that would survive. (4) Buffering requirement for the front of the property has been totally ignored. (5) The application is poorly explained in that modifications are not identified on the plan. (6) The applicant has failed to provide curbing necessary for safety purposes. (7) The applicant has failed to provide any of the plantings necessary for buffering or aesthetic purposes." Minutes of April 15, 1997 Mr. Secher asked the applicants to present their case. Mr. Sarro explained that the shaded area on the plans (the area where the arborvitaes were to be planted) would be detrimental to the growth of trees in that area. Old Colony Motors spoke with the Lovings (the abutters directly next to the showroom) and the Lovings, after having contacted an arborist, who agreed with Mr. Sarro about the shaded areas, agreed to the construction of a six -foot stockade fence. There was some confusion between the Board and Old Colony Motors about which sets of plans they were going by, and the applicant withdrew the As -Built Plan from the application. Mr. and Mrs. Loving showed some concern about the fence if it would at all impair their vision regarding the traffic. Mr. Sarro assured them there would be no problem since the fence would be tapered. Also, the rails on the fence will show on the dealer side. Mr. Loving further stated that he had an arborist, Andy Felix, from Treeteck, who explained that trees would not grow in the shaded area. The hearing closed at 8:45 P.M. A motion was made by Mr. Flynn and seconded by Mr. Butler to modify the Special Permit for Black Hawk Realty Trust that all conditions specified in the original Permit and Plan (dated December 1, 1994 and revised on 3/21/95, 4/4/95, 9/7/95, 10/16/95, 10/30/95 and 11/22/95,) will be completed. The fence shall be a 6 foot high cedar stockade fence with the last 2 to 3 sections tapered toward the street (approximately 24 feet) . The fence will go along the west side (158 feet) and to the river with the rails facing in, and modify the stockade fence where the arborvitaes and chainlink fence are noted in the plan. Unanimously approved (5 -0 ) ( Secher, Flynn, Butler, Daniels, Devine). Dick Lewis presented to the Board an amendment to Section 3.10.4 of the Mansfield Zoning By -Law, by adding a new subsection to read as follow: (3.10.4.) C Any change, extension, alteration, or reconstruction (hereinafter "alteration") to a pre - existing, non - conforming single or two - family residential structure shall not be considered an increase in the non - conforming nature of the structure and shall be permitted by right under the following circumstances: a) For the normal repair or replacement of parts of said structure; Minutes of April 15, 1997 b) When the alteration will also comply with all applicable sections of the Zoning By -Laws in effect at the time of the application for a Building permit, if the existing structure is located on a lot which is non - conforming as the result of a previous zoning change. c) When the alteration will comply with all applicable sections of the Zoning By -Law in effect at the time of the application for a Building Permit, including, but not limited to, setbacks, yard & building coverage, and height requirements. In cases where the applicant seeks to increase the height of a structure that encroaches on a required setback, where any increase in height will occur within such encroachment, there shall be no alteration as of right under this section, and Sections 3.10.43 shall apply. A motion was made by Mr. Kozlowski and seconded by Mr. Devine to approve the Minutes of March 18, 1997 with amendments. Minutes unanimously approved. The meeting adjouAedA 9:55 P.M.