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HomeMy WebLinkAboutZBA_07151997ZONING BOARD OF APPEALS ICE '97 AUG 20 Psi 1:39 MINUTES t° AS'AI' USE i iS JULY 15, 1997 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 Jack Vultaggio, Associate Member. Mr. Flynn was appointed Acting Clerk for this hearing. Mr. Vultaggio was appointed Voting Member for this hearing in place of Mr. Daniels. The hearing on the application of Arlen and Terri Shaw for a Variance from Section 4.2.1 of the Zoning By -Law to allow for the continued use of an existing single family /garage with less than the required side yard setback, said lot located at 34 Maple Street in the I -2 Zone. The application was labeled as Exhibit "A "; a newspaper advertisement as Exhibit "B "; and a Zoning Board Plan dated June 4, 1997 prepared by Hutchins- Trowbridge Associates, Mansfield, MA, was labeled as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. "With seven (7) members present, they voted unanimously to send a positive recommendation on the application. It was the opinion of the Board, however, that no variance is necessary since the building permit for this garage was legally granted in 1987 and more than seven years have Since passed, exceeding the statute of limitations on zoning infractions. Our positive recommendation is based on the desire of the buyer's attorney to clarify the matter." Mr. Secher asked the applicant to present their case. Terri Shaw explained that they obtained a building permit in 1987 and built a two -car garage. They recently sold their house and the attorney for the buyer requested a site plan for the addition of the garage. In researching, they found out that never had a site plan. A surveyor drew up new plans and found that the garage is 13 feet 9 inches from the sideyard setback instead of the required 15 feet. The applicant feels that this is not necessary since the seven years have passed exceeding the statute of limitations but if they don't obtain a variance the applicant feels there might be complications at the closing. Minutes of July 15, 1997 2 01 & The hearing closed at 7:40 P.M. A motion was made by Mr. Flynn and seconded by Mr. Devine to grant a variance to Arlen and Terri Shaw. Unanimously granted. Secher, Butler, Devine, Flynn, Vultaggio. Mr. Flynn was appointed Acting Clerk for this hearing. Mr. Kozlowski was appointed Voting Member for this hearing in place of Mr. Daniels. The hearing on the application of Dennis and Maryanne Grady for a Variance from Section 4.2.1 of the Zoning By -Law to allow for the construction of additions, to a single family home, with less than the required rear yard setback, said lot located at 3 Dustin Court in the R -1 Zone. The application was labeled as Exhibit "A'; a newspaper advertisement as Exhibit "B "; and a Proposed House Addition to House No. 3 Dustin Court dated May 27, 1997 prepared by Rim Engineering Co., Inc., Mansfield, MA, was labeled as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. "With seven (7) members present, they voted unanimously to send a negative recommendation on the application. It was the opinion of the Board that relocating the proposed bulkhead and either-moving the addition forward or reducing the depth three feet would eliminate the need for a variance. It should also be noted that the existing deck appears to be non - conforming." Mr. Secher asked the applicant to present their case. Mr. Grady explained that they would like to add a 2 -car garage with a family room on the first floor and a master bedroom with a bathroom on the second floor and maintain the Dutch Colonial style of the home. The Grady's purchased the home in 1991 and at that time the deck was on the home. They spoke with Mr. Cook who stated that the deck was not on the home for the final inspection. Mr. Daniels arrived the meeting at 7:50 P.M. The hearing closed at 7:55 P.M. The hearing on the application of Beverly Peterson for a Variance from Section 4.2.1 of the Zoning By -Law to allow for the construction of an addition connecting the house with the garage which will result in the garage having less than the required sideyard setback, said lot located at 223 Winter Street in the R -1 Zone. Minutes of July 15, 1997 ,?s of la The application was labeled as Exhibit "A "; a newspaper advertisement as Exhibit "B'; and a Proposed Building Addition to House No. 223 Winter Street in Mansfield, MA dated May 29, 1997 prepared by Rim Engineering Co., Inc., Mansfield, MA, was labeled as Exhibit "C ". Mr. Daniels read a letter from the Planning Board into the record. "With seven (7) members present, they voted unanimously to send a negative recommendation on the application. It was the opinion of the Board that a five (5) foot sideyard seriously derogates from the intent of the Zoning By -Law which requires 25 feet in the R -I Zone." Mr. Secher asked the applicant to present her case. Mrs. Peterson explained that the garage was built in 1984 and she purchased the house in 1988. She would like to connect the space between the house and the garage with a breezeway. The purpose of connecting them would be for security purposes. Mrs. Peterson works late and lives alone. The is a cement slab already there which is very slippery in the winter when it freezes. The hearing closed at 8:05 P.M. A motion was made by Mr. Kozlowski. and seconded by Mr. Flynn to grant a variance to Mr. and Mr. Grady. Unanimously granted. Secher, Devine, Flynn, Butler, Kozlowski. The hardship is the lot; where the house is situated. Condition: No less than a 37 foot backyard setback. The hearing on the application of Gerry Abbott Realtors for a Variance from Section 4.7.1.2 of the Zoning By -Law to allow for the installation of a freestanding sign greater in size [45 sq. ft.] than allowed [32 sq. ft.] in the B -2 Zone, said sign to be located at 43 North Main Street. The application was labeled as Exhibit "A'; a newspaper advertisement as Exhibit "B "; and a Plan of Land for 43 North Main Street dated October 10, 1996 prepared by Hutchins - Trowbridge Associates, Mansfield, MA, was labeled as Exhibit "C ". There was no letter from the Planning Board since they did not have a quorum for that meeting. Mr. Secher asked the applicant to present his case. Gregg Abbott explained that when they moved from their other location into the renovated building they used their old sign which is 28 square feet (14 feet on each side). This was not a problem since they can use 32 square feet. They have a tenant which has a sign that is 17 square feet, which puts them over the 32 square feet. Any additional tenants would have to place signs in the rear of the building. The hearing closed at 8:25 P.M. Minutes of July 15, 1997 y of L The hearing on the application of Chrysler Motors Corp. for a Variance from Section 4.7.2.2 of the Zoning By -Law to allow for the installation of a wall sign on the side of the building facing Rt. 495 as opposed to the front of the building, said building being located at 550 Forbes Blvd. in the I -1 Zone. The application was labeled as Exhibit "A "; a newspaper advertisement as Exhibit "B"; a Grading & Erosion Control Plan prepared by Anderson- Nichols, Boston, MA dated 4- 22 -88, was labeled as Exhibit "C'; and a Sketch of the Sign prepared by Fairmont Sign Co., Detroit, Michigan, was labeled as Exhibit "D ". Mr. Daniels read a letter from the Planning Board into the record. "With six (6) members present they voted unanimous to send a positive recommendation." Mr. Secher asked the applicant to present his case. Attorney Paul F. Lorincz, of Coogan, Smith, Bennett, McGahan, Lorincz & Jocobi, 144 Bank Street, Attleboro, MA 02703 stated that he is representing Chrysler Motors Co., (Mopar is the parts division of Chrysler) and also that the Manager of that plant, Mr. Robert Alteri, was also present. Mr. Lorincz stated that they would like to replace the existing sign with a "MOPAR" sign on the easterly side of the building which would be 50'x8' and 400 square feet and internally illuminated. The building is very low and the hardship is that the sign now faces Forbes Blvd. and they would like the sign to face 495 for visibility and corporate identity. The hearing closed at 8:35 P.M. The hearing on the application of ETC Trust for a Special Permit, per Sections 3.10.4.A and 6.6.6.B of the Zoning By -Law to allow for the expansion [proposed construction of 32 additional apartment units] of a pre - existing, non - conforming use, with said apartment complex located at 171 Ware Street in the R -1 Zone. The application was labeled as Exhibit "A'; a newspaper advertisement as Exhibit "B'; and a Site Plan of Land in Mansfield, MA, dated May 11, 1997 prepared by Rim Engineering Co., Inc., Mansfield, MA was labeled as Exhibit "C ". Mr. Daniels read a letter from the Planning Board into the record. "With seven (7) members present, they voted unanimously to send a negative recommendation on the application. It was the opinion of the Board that thirty years of zoning changes have transpired since the construction of this complex. Apartments were eliminated as a use -by -right in the then Agricultural zone in the 1970's because of the zone's lack of public utilities, as well as public safety and septage concerns. It is our further opinion that the granting Minutes of July 15, 1997 5 of L of the requested Special Permit would seriously derogate form the intent of the Zoning By- Law." I Mr. Secher asked the applicant to present his case. Mr. Edward Troy explained that he has been the owner for 20 years and the original plans were designed by Paul Jodice and Ralph Maloon. The present units were constructed in 1969 -1970, however, no records as to exactly what transpired at the time of construction are available. Both the Town Clerk and the Building Inspector have made diligent searches of their records without finding any reference to the parcel. It is presumed that whatever records existed were destroyed in the Town Hall fire. Due to the positive of the existing buildings, at the extreme edge of the property all parties surmise that this was the initial phase of an overall plan of development which was not continued for some reason. The applicant now wishes to continue the plan of development of the property previously contemplated, and construct 8 more buildings with a total of 32 units, which is the purpose of this application. The applicant believes that it is merely the extension of a lawful non - conforming use (not a change in use), and at the suggestion of the Building Inspector, the matter is present to the ZBA. Trash and snow removal are provided by private contractors. The plot is sufficient enough to accommodate many more units than are being requested, but this is a number arrived based upon estimates of the necessary septic system, as well as to produce a minimal effect on the neighborhood. The applicant is looking into a the new pressurized septic system which is the latest technology. The property is presently used for two- bedroom apartments. All units will be substantially the same as now exists, and it is anticipated that the tenants will have the same population mix as now exists. The residential mix consists primarily of recently married professions, or singe individuals who mainly work in the Mansfield area. At present, the applicant makes little demand upon the town for services and yet pays substantial taxes and water fees. The following abutters were against the applicants application. Stephen Weber, 86 Ware Street, stated that this is not the happy utopia that the applicant is making this area out to be. There is alot of trouble around and is there are more buildings built there will be big problems. Kevin Boyce, 203 Ware Street, stated that he is concerned with the water table and the wetlands around this area. Minutes of July 15, 1997 i9 of b Jack Secarra, 180 Ware Street, stated that you can constantly smell the septic system, cars come very fast out of that street and there are many out of state cars there. John Burns, 161 Ware Street, stated that when Mr. Troy lived there this were no problems, but now it is a dangerous corner and there is a safety issue. Richard and Elizabeth Hargreaves, 213 Ware Street, had concerns regarding the noise, the wetlands and any water problems. Elaine Boyce, 203 Ware Street, had concerns regarding the sewerage problem and how close they will be to the Jordan/Jackson School. The applicant requested, in writing, a continuation until the August 19, 1997 meeting. The hearing was continued until August 19, 1997. A motion was made by Mr. Devine and seconded by Mr. Daniels to grant a motion to Beverly Peterson. Vote: Yes - Devine, Daniels, No - Butler, Secher, Flynn, 2 -3 Motion Denied. A motion was made by Mr. Butler and seconded by Mr. Flynn to deny a motion to Gregg Abbott. Unanimously denied. 5 -0 Secher, Daniels, Devine, Flynn, Butler A motion was made by Mr. Butler and seconded by Mr. Devine to grant a motion to Chrysler/Mopar. Yes - Butler, Devine, Secher, Daniels. No- Flynn. Granted 4 -1. A small discussion regarding ETC was discussed. There are no record of plans and zoning was changed. This is the same use but it goes beyond the scope. This is not a change in use. A motion was made by Mr. Kozlowski and seconded by Mr. Devine to approve the Minutes of June 17, 1997. Minutes unanimously approved. The meeting adjourned at 10:55 P.M. 0