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HomeMy WebLinkAboutZBA_04061999ZONING BOARD OF APPEALS MINUTES APRIL 6,1999 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 Devine, Chairman; Leonard Flynn, Clerk; Eric Butler; Richard Secher; and Olivier Kozlowski, Associate Member. Mr. Kozlowski was appointed voting member for this meeting in place of Mr. Daniels. The hearing on the application of Ronald DeGirolamo for a Finding per Sections 3.10.4.13 and 6.2.2.13 of the Zoning By -Law to allow for the alteration of a pre - existing, non - conforming, single family house located at 1166 West Street [R -1 Zone] began at 7:30 P.M. The application as labeled as Exhibit "A "; a newspaper advertisement was labeled as Exhibit "B "; and a Proposed House Addition to Hse. No. 1166 West Street in Mansfield, MA dated February 24, 1999 and 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 five (5) members present, they voted unanimously to send a positive recommendation on the application." Mr. Devine asked the applicant to present his case. Mr. DeGirolamo explained that he is proposing to put a conforming addition to his home. The problem is that this Lot 4 is shown on a Plan of Land dated January 1965 and recorded in the Bristol County Registry of Deeds. On this Plan there was a total frontage of 103.23' where 120' was required at the time. In December 1977 RIM Engineering created an approval that added 16.77' of frontage to Lot 4. This additional frontage made Lot 4 a conforming lot. However, when an additional survey was performed to create what is now Douglas Estate, it was discovered that the Plan of 1965 had an error and after subtracting this error from the frontage on Lot 4, the lot is left with a total frontage of 112.32. Mr. DeGirolamo is requesting a finding to correct this error; the lot is non - conforming but the proposed structure is fine. The Board suggested that in the future Mr. DeGirolamo should obtain a Variance on this property in order to save any problems that might develop if he sells this property. The hearing closed at 7:40 P.M. Minutes of April 6, 1999 Page 2 of 5 A motion was made by Mr. Butler and seconded by Mr. Flynn to grant a Finding to Mr. DeGirolamo because this does not increase the non - conformity. Unanimously approved. Devine, Secher, Flynn, Butler, Kozlowski). The hearing on the application of Richard Attaya for a Variance from Section 4.2.1 of the Zoning By -Law to allow for the addition, to a single - family house located at 5 Robinson Court [R-1] of a garage and mudroom with less than the required sideyard setback began at 7:45 P.M. The application as labeled as Exhibit "A'; a newspaper advertisement was labeled as Exhibit "B'; and a Certified Plot Plan of Land in Mansfield (Lot 13) #5 Robinson Court dated March 24, 1999 prepared by Bay Colony Group, Inc., Foxborough, MA was labeled as Exhibit "C ". Flynn 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 for a variance." Mr. Flynn read a letter from Lee Azinheira, Town Engineer, dated March 17, 1999 to the ZBA regarding 5 Robinson Court/Richard Attaya into the record: "This memorandum is being written at the request of Mr. Attaya to provide the Board with some background on his property. In 1996, Mr. Attaya brought to my attention that the Town had recorded an easement which runs along his property line and is shown on "As -Built Plan and Profile of Robinson Court" dated April 11, 1991. A subsequent plan May 1, 1991 shows the location of an oil/water separator offset with a wider easement on that location on Mr. Attaya's property. The Town's official taking referenced the April 11th plan and not the later one. We had a situation where we had two recorded plans with the later plan showing an additional easement over Mr. Attaya's lot which the developer had never obtained and therefore had not been properly conveyed to the Town. It was also found out later that the oil/water separator was not working as intended because it had been installed incorrectly. This matter was finally resolved in 1997 when the inlet and outlet to the oil/water separator was sealed and the oil/water separator was subsequently filled with lightweight concrete and abandoned in place. Mr. Attaya worked along the Town to find an agreeable solution to the problem and allowed the Town to go to his property to perform the necessary work to abandon the oil/water separator in place." Mr. Devine asked the applicant to present his case. Mr. Attaya explained that he would like to add a garage onto his house but would like to have a buffer zone between the garage and house to provide better /safer access to his family and to add more reasonable living space such as a mudroom. He has a growing family and the way the house Minutes of April 6, 1999 Page 3 of 5 is currently set up you would go directly from the garage into the house and there is no usable area near an exit for our family to get coats on or off and for storage of outdoor items. Also, a breezeway would provide a second means of entrance into the house as well as a separate second floor access. Also, by place a breezeway between the garage and house would stop the blockage of an existing second floor window. Mr. Attaya's architect was present and drew an elevation sketch of the proposed structure. Abutters, Robert Martin, 14 Robinson, Richard Blovin, 15 Robinson Court, and Jose Alvarez, 9 Robinson Court were all in support of Mr. Attaya's proposed addition. The hearing closed at 8:00 P.M. The hearing on the application of Bohler Engineering for a Variance from Section 4.7.1.1 of the Zoning By -Law to allow for the installation of wall signs larger than allowed at the Sunoco Gas Station located at 70 Copeland Drive in the B -3 Zone, continued from March 16, 1999 was continued at 8:00 P.M. Mr. Carl Adamo presented new Plans that were requested by the Board. The Sign Location Plan dated November 18, 1998 and revised on March 24, 1999 prepared by Bohler Engineering, P.C., Westborough, MA, and labeled as Exhibit "D ". Mr. Adamo explained they observed the lighting at Wendy's with the deflectors. (1) The two area lights in the rear (on Henry Street side) will be fitted with retrofit lights similar to Wendy's with deflector panels. (2) The canopy light will have a backspill and they will also have deflectors on the roof. (3) The two logos on the canopy - they will eliminate the illumination and they will only illuminate the Arch and the Sunoco sign facing the main street. Mr. Adamo further explained that LSI makes the deflectors so the Wendy's lights with be approximately the same height and same wattage. An abutter Walter Robinson, 50 Creedon Street, was in support of this application and stated that it should be an improvement. Mr. Flynn was concerned with the height of the light poles. Mr. Adamo explained that if the lights are lowered they would shine directly in your face; the height spreads out the light. The hearing closed at 8:50 P.M. Minutes of April 6, 1999 Page 4 of 5 The hearing on South Main Street (875) Realty Trust for a Variance from Section 4.3.8.A & B & C & D of the Zoning By -Law to allow for an off - street parking area, located at 875 South Main Street (I -1) with no internal landscaping islands which was continued from March 16, 1999 was continued at 9:00 P.M. (Present - Devine, Flynn, Secher, Butler, Kozlowski). Mr. Michael Trowbridge presented new plans which were requested by the Board which show the Islands as described in the By -Laws. There are dividers every four (4) rows; 24 feet between lanes which is standard. The cars all park in the same directly, leave at the same time, and all go in one direction. Mr. Clemmey stated that in 4 years, his lot has not had one accident and all cars are out of his lot in 20 minutes. An abutter, Andy Gazzola stated that Mr. Clemmey have a very efficient lot. Mr. Kozlowski had a problem with the hardship in this case. Mr. Clemmey asked if the Board could come down and look at the lot to see the ledge; which the applicant states is the hardship to the land. Mr. Kozlowski stated that he did not want to make a decision until he could personally walk around the lot and see the ledge. A motion was made to continue the decision until some of the Board members can see the ledge for themselves. Unanimously approved. The hearing closed at 9:30 P.M. A motion was made by Mr. Butler and seconded by Mr. Secher to grant a variance to Mr. Attaya for his garage and mudroom with the condition that the peak of the proposed addition does not exceed the height of the existing roof line. Unanimously approved. (Devine, Flynn, Secher, Butler, Kozlowski) A motion was made by Mr. Secher and seconded by Mr. Butler to approve a variance to Sunoco. Unanimously approved (Devine, Secher, Flynn, Butler, Kozlowski. Reasons: They are eliminated illumination and did what the Board requested of them. A motion was made by Mr. Secher and seconded by Mr. Kozlowski to approve the Minutes of March 2, 1999 with amendments. Unanimously approved. Minutes of April 6, 1999 Page 5 of 5 A motion was made by Mr. Secher and seconded by Mr. Kozlowski to approve the Minutes of March 2, 1999 with amendments. Unanimously approved. The meeting adjourned at 10:20 P.M.