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HomeMy WebLinkAboutZBA_04201999ZONING BOARD OF APPEALS MINUTES APRIL 20,199 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; Olivier Kozlowski, Associate Member; and Jack Vultaggio, Associate Member. Mr. Kozlowski was appointed voting member for this hearing in place of Mr. Daniels. Mr. Vultaggio was appointed voting member for this hearing in place of Mr. Butler (who arrived a few minutes late.) The hearing on the application of Vincent Tortora for a Finding per Section 3.10.4.B and 6.2.2.13 of the Zoning By -Law to allow for the alteration to a pre - existing, non - conforming, single family home, said property located at 147 Central Street in the R -3 Zone began at 7:30 P.M. The application as labeled as Exhibit "A'; a newspaper advertisement was labeled as Exhibit "B'; and a Zoning Plan 147 Central Street dated December 29, 1997 and revised on March 24, 1999 and 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 four (4) members present, they voted unanimously to send a positive recommendation on the application because the addition will remain 23 feet from the property line at its closest point." Mr. Devine asked the applicant to present his case. Mr. Tortora explained that he would like to put a proposed addition, 5.0' x 14.3', on the rear portion of his garage, which will not make the dwelling any more non - conforming, because the garage is too small for his tractor and plow. The hearing closed at 7:35 P.M. A motion was made by Mr. Secher and seconded by Mr. Vultaggio to grant a finding to Mr. Tortora. Unanimously approved. (Secher, Vultaggio, Flynn, Devine, Kozlowski) Minutes of April 20, 1999 Page 2 of 3 The hearing on the application of National Development of New England for a Special Permit, per Section 4.3.5 of the Zoning By -Laws, to allow for the modification of the landscaping and screening requirements through a proposed change to the landscaped area at a building located at 50 Hampden Road in the I -1 Zone began at 7:45 P.M. The application as labeled as Exhibit "A ", a newspaper advertisement was labeled as Exhibit "B "; and an As -Built Plan of Land in Mansfield, MA dated December 15, 1989 prepared by Norwood Engineering Company, Inc., Norwood, MA, was labeled as Exhibit "C ". Flynn read a letter from the Planning Board into the record. "With four (4) members present, they voted unanimously to send a positive recommendation on the application. The Planning Board makes this recommen- dation because the delivery trucks do not presently have the necessary turning area to move about the site." Mr. Devine asked the applicant to present his case. Mr. James J. DeVellis, P.E., DeVellis Associates, 2310 Washington Street, Suite 320, Newton, MA 02162, explained that he is representing the applicant. Mr. DeVellis stated that the current loading dock depth will not accommodate the 53' trailers now being used by many trucking companies and the existing turning radius is very confined. There are six loading docs in this particular area and they need to expand the pavement by 35' so trucks can turn around. Mr. Flynn stated that this industrial park is unique because of the beautiful landscaping buffers. An abutter, Karl Clemmey, was 100% in support of this application and it should be granted because the park needs to grow; companies need to be competitive to stay in town. He stated that the trucks are now 55' long and need 75' to complete turns. The hearing closed at 8:05 P.M. The decision on South Main Street continued at 8:10 P.M. Mr. Kozlowski wanted to view the sites and stated that he had viewed the site and was all set. Members voting: Devine, Secher, Butler, Flynn, Kozlowski). A motion was made by Mr. Butler and seconded by Mr. Kozlowski to grant the variance subject that the variance is only for off -site parking (on this parcel), and not as accessory use parking and not subdivided and changed next year, and the sole use is parking and not on any future development on the land. Minutes of April 20, 1999 Page 3 of 3 Mr. Flynn stated that he could find no demonstrated hardship. Mr. Vultaggio stated that the slope of the land /elevation is a hardship. All in favor: Yes: Devine, Secher, Butler. No: Flynn, Kozlowski - Motion Fails A motion was made by Mr. Secher and seconded by Mr. Vultaggio to grant a variance to National Development as presented. An amendment was added by Mr. Flynn to amend the 20 foot buffer to 15 feet, seconded by Mr. Devine. Those in favor: Devine, Secher, Butler, Flynn - Abstention - Vultaggio. Motion passes 4 -0 (with 15 foot buffer). A motion was made by Mr. Flynn and seconded by Mr. Butler to approve the Minutes of April 6, 1999. Unanimously approved. Mr. Clemmey asked permission to speak with the Board. He stated that Mr. Flynn stated there was no ledge on his property. If the Board members did their homework and looked at some plans of the Rumford River area they would know that there is sand on one side and ledge on the other. He was also very concerned with the CVS decision and stated that there was no letter in the file from the Planning Board regarding CVS, even though they met with Mr. Burke on six occassions, but there was a negative letter from the Planning Board regarding his applicantion. He further stated that the Board failed to have CVS put in the sidewalks and now the town will have to go to the expense of having to pay for the sidewalks themselves. Mr. Devine told Mr. Clemmey to put all his complaints in writing and then submit them to the Board. The meeting adjourned! /at 10:00 P.M. Respe� tiill� su mitted, ) ynn (� v , (((