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HomeMy WebLinkAboutZBA_08171999ZONING BOARD OT APPEALS °•.. ,_o _ MINUTES AUGUST 17, 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; Olivier Kozlowski, Associate Member; and Jack Vultaggio, Associate Member. The Board requested that each member needs new copy of the Zoning By -Laws. Mr. Kozlowski was appointed voting member for this meeting. Mr. Vultaggio was appointed voting member for this meeting. The hearing on the application of Joseph Ditchman, Colliers International, for a Variance from ( Section 4.4.4.5 and 6 of the Zoning By -Law to allow for a parking lot which would be paved and unstriped, said lot located at the former Cleveland Twist Building at 75 Chauncy Street in the 1 -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 Mansfield Center Station Schematic Design Proposed Parking Expansion Revision I Site Plan Cleveland Twist Drill Co. Site Phase 1 Parking Existing Drill Company Lot dated 3/9/99 and prepared by Winchester Engineering Associates, Inc., 50 Cross Street, Post Office Box 927, Winchester, MA 01890, was labeled as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. "With six (6) members present, they voted unanimously to send a negative recommendation on the application. While the Planning Board is sympathetic to the applicants concerns, there is no provision that enables the Town to grant a "temporary" variance. Therefore, if a variance is granted, the applicant and /or his successors would never be required to comply with these provisions of the Zoning By -Law. The Planning Board also noted that there is no letter accompanying the application we received authorizing Mr. Ditchman to sign as agent." Mr. Devine asked the applicant to present his case. Minutes of August 17, 1999 Page 2 of 9 Mr. Ditchman introduced himself and passed out folders to all ZBA members which included a seven (7) page petition, all in favor of keeping the lot opened; and a copy of the Mansfield Commuter Rail Station Improvement Project. Mr. Ditchman explained that he received a notice from Mr. Bert Cook requesting that it is in his best interest to pave and stripe the areas of his parking lot that are not paved. Instead Mr. Ditchman further explained that he never had any intention to pave his lot (14 acres) until the MBTA and GATRA decide what they are doing with the future proposed MBTA station. Mr. Flynn stated that he spoke with the Town Manager, Mr. D'Agostino stated that for the proposed lot (future MBTA expansion plans) 1500 parking spaces are requested with four satellites for each quadrant. This future plan does not include the Ditchman property. Mr. Ditchman explained that that hardship on this issue is that there is a 4 to 5 foot drop from the MBTA parcel to his and this blacktop will have to be removed to level off this area. This lot is will lit; 40% is already paved; this is a guard; there is a lavatory; the patrons enjoy the lot; each person pays approximately $40 per month to park in this lot; there are 172 spaces; and it is very safe. Mr. Ditchman stated that GATRA spent $13M to study the parking situation. His lot has been in operation since 1996; and until the MBTA, the Town of Mansfield; and GATRA each a decision on what there plans are and what they will spend, he will not pave his lot. Mr. Ditchman stated that his last understanding was that the MBTA would pay for a road to eventually do through his property. The Board estimated it would cost approximately $2.00 per foot to pave this lot at approximately $45,000. The applicant would either pave or close the lot. Patricia Newly, stated that she understands there are rules and regulations, but the parkers have been promised more parking and if she does not park in this lot, she cannot get to work. She needs an alternative if she can't park here. Dana Whitney, 15 Douglas Road, stated that this will hurt the residents if this lot is closed down and the lot next to this, which is owned by the Town, is not paved. Stephanie Layton, stated that this is a violation of the original rule that this lot be allowed. Brian Horn of Cushing Lane stated that this lot is important and otherwise his job is in jeopardy. Minutes of August 17, 1999 Page 3 of 9 Barbara Heyland, State Representative, stated that the timing of this issue is horrible. She is working with Amtrak on this situation, and there is no timeframe for the train station to be moved. It is crucial that this lot is not closed. David Berube wanted to ask the Board what peril is the Town in if this lot is not paved. Frank Corlus stated that if this lot is closed 170 people will be flooded into the lots that are already filled, and urged the Board to consider this. Laurie Murphy, Plainville, stated that she had over $200 in parking tickets. It is very frustrating not to have a place to park and she also stated that in her frustration she called Barbara Heyland. Karl Clemmey stated that there is no hardship here and Mr. Ditchman is not the proprietor of this property, and for the record he is against the train station because it will ruin our town. He further stated that the people from other towns should fight to bring the train to their towns. He further stated that he was turned down for a similar variance and had to pave his lot. The parking should be enforced and the applicant could pave this lot for just $45,000. Rita McQueeny stated that she has been commuting for 28 years. This lot is safe and private. She is a senior citizen and needs to go into Boston for her doctor's appointments. She always has a parking space even when does takes the train in the afternoon. The Board asked Mr. Ditchman why he does not just pay to have this lot paved and it will stay opened. Mr. Ditchman stated that he is very appreciative of all the people who have come to this meeting and are in support of him. He did not know his other options. He also stated that at this time he wishes to withdraw his request for a variance at this time without prejudice. The hearing closed at 8:45 P.M. The hearing on the application of John Thomas for a Variance from Section 4.2.1 of the Zoning By -Law to allow for a residential addition with less than the required sideyard setback, said existing house located at 7 Nelson Way in the R -1 Zone began at 8:45 P.M. Minutes of August 17, 1999 Page 4 of 9 The application as labeled as Exhibit "A'; a newspaper advertisement was labeled as Exhibit "B"; and a Zoning Board Plan 7 Nelson Way dated June 21, 1999 prepared by Hutchins- Trowbridge Associates, Mansfield, MA, was labeled as Exhibit "C ". Flynn read a letter from the Planning Board into the record. "With five (5) members present, they voted three (3) in favor and two (2) opposed to send a negative recommendation on the application because the request derogates from the intent of the Zoning By -Law and the applicant is able to add a one car garage without the need for a variance." Mr. Flynn read a petition into the record. "7/18/99. 1, the undersigned, have been informed of the intent to add a standard 2 -car garage and modify the back deck at the house lot on 7 Nelson Way, the property of John and Susan Thomas. I understand they require a Zoning Board Appeal to gain 4' at the sideline to accommodate a standard 24'(2-car) garage. I have been shown (offered a view of) the plans and have no objection to their intent. (The petition was signed by 30 abutters)." Mr. Devine asked the applicant to present his case. ( Mr. Thomas explained that they have been homeowners in Mansfield for over 20 years and this is their second home. When the house was built for them they inquired if it was suitable to add a garage later, when they had the money, which was key for them to selecting the property. The builder and real estate agent both told them "yes ". The suitable side for a garage is on the chimney side of the house, so available inside space is reduced. There is also a deck on the back of the house. They would like to enclose this space with a covered sun room, no foundation; screened in the summer and glass enclosed in the winter. Mr. Thomas further stated that they have already spoken with the Conservation Commission and he presented an Order of Condition. The Board asked if the garage could be placed in the rear of the house, and Mr. Thomas explained that they would need major excavation if that were done and the land slopes down. An abutter, Bill Dailey of 3 Nelson Way, stated that he is in favor of this application. The hearing closed at 9:00 P.M. The hearing on the application of Robert Fredette for a Variance from Section 4.2.1 of the Zoning By -Law to allow for two residential lots with less than the required lot width, said lots located easterly of the house at 358 Fruit Street in the R -2 Zone began at 9:00 P.M. l Minutes of August 17, 1999 Page 5 of 9 The application as labeled as Exhibit "A "; a newspaper advertisement was labeled as Exhibit "B "; and a Zoning Board Plan Fruit Street, dated July 22, 1999, and prepared by Hutchins - Trowbridge Associates, Mansfield, 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 negative recommendation. It is the opinion of the Planning Board that lot width is important and that granting a variance from this requirement seriously derogates from the intent of the Zoning By- Law." Mr. Devine asked the applicant to present his case. Mr. Fredette explained that there were 3 lots subdivided that did not conform to the lot width regulations and frontage. Lot (1) has an existing house. Mr. Fredette adjusted the original plan to obtain the correct frontage requirements and lots (2) and (3) conform to the requirement of area and frontage, they just require lot width. These lots were conforming in 1997, but Zoning changed. The proposed lots area greater in size and frontage than a majority of the surrounding lots. All these lots are in common ownership. Mr. Fredette further stated that the parcel in the rear of these lots (Lot 4) with contains 83,393 square feet or 1.91 acres, will be deeded to the Town of Mansfield for the Trail Program if the Town so desires. Mr. Ken Williams, 300 Fruit Street, wanted to see the plans and has no objection. The hearing closed at 9:15 P.M. A motion was made by Mr. Butler and seconded by Mr. Vultaggio to continue the discussion until September 21, 1999. Mr. Flynn stated that he will talk with the Town if they are interested in obtaining this land. The hearing on the application of Jeffrey Booker for a Special Permit per Section 3.10.4 of the Zoning By -Law to allow for the alteration of a pre - existing, non - conforming use [from computer repair to single operator auto repair facility and storage of antique cars] said activity occurring in a building located at 1399 East Street in the R -1 Zone began at 9:20 P.M. The application as labeled as Exhibit "A; a newspaper advertisement was labeled as Exhibit 'B "; and a Plan of Land in Norton, Mass, dated 3/16/93 prepared by Hayward - Boynton & Williams, Inc., Civil Engineers, Taunton, MA, was labeled as Exhibit "C ". Minutes of August 17, 1999 Page 6 of 9 Mr. Devine asked the applicant to present his case. Attorney Edward Roster, Roster & Antine, 63 Winthrop Street, P.O. Box 1017, Taunton, MA stated that he was representing Mr. and Mrs. Booker, the present owners at 1399 East Street. He explained that Mr. and Mrs. Booker purchased this property from the applicant's father, Robert Booker in 1993. There is a large steel building located approximately 600 feet back from the road. Mr. Robert Booker, utilized the steel building for a home occupation, a computer maintenance, repair and sales facility; which approval from the Town came in 1985. When he purchased the property he continued to use the property as a home occupation, but instead conducted an automobile repair business in part of the building and a storage area for antique and classic cars in the other part. Mr. Jeffrey Booker submits that his use of the property qualifies for a home occupation as defined in the Zoning By -Laws, but he is applying for this Special Permit to receive sanction from the Board for his use of the property as an automobile repair and storage facility pursuant to Chapter 40A, Section 6. The previous use of the premises as a computer store create no noise. but it did involve a number of large trucks for transport of the computers and computer parts. The hours of operation of the ( computer business were from 7:00 AM to 8:00 PM six days a week, and generated no fumes or noxious odors, and utilized the entire building. Jeffrey Booker's occupation occupies approximately one -third of the building and the other two - thirds are utilized for storage of antique cars. The traffic for the computer business was by large trailer trucks and well as motor vehicles. Jeffrey Booker's operation is auto repair and auto storage which generates no noise. No machinery is located outside of the building, and no odor is created. Booker's main occupation is a mechanic for the Air Force at Otis Air Force Base in Bourne, MA. He leaves each day at 11:30 AM and returns around midnight. The auto repair business is only conducted between the hours of 7:00 AM and 11 AM each day and Saturdays from 8:00 AM to 4:30 PM The only toxic waste generated by the business is the oil drained from automobiles. That fluid is transported away by a licensed transporter. Mr. Booker is a hazardous and toxic waste removal expert licensed by the U.S. Air Force. Mr. Roster further explained that Mrs. Booker drives a school bus during the winter and a handicapped bus in the summer. The buses go in and out of the property approximately three to four times a day and has no connection to the auto repair business. Mrs. Booker also drives an ice cream truck which is kept parked on the property. Minutes of August 17, 1999 Page 8 of 9 Kristi Glavin, tenants at 1407 East Street, stated she is also concerned with resale; it is very dusty; the place is out of control (almost like a Store 24). They are working all the time, not part-time and last weekend a car early Sunday morning idled in their driveway for 1 1/2 hours. It is so busy there that they had a outdoor potty. Ruth Kirby, owners at 1407 East Street, stated that she has been fighting this for 7 years. It is very noisy; there is steady traffic, they work all hours of night [Saturday and Sunday they work approximately from 6:30 a.m. to 7:00 PM; and she cannot understand why this has taken so long. Mr. Jeffrey Booker explained that he does repair some school buses and there had been a portable potty because he had been renting space to someone but he is no longer there. The hearing closed at 10:20 P.M. The Board took a 10 minute break. The hearing on the application of Hidden Realty Trust for a Special Permit per Section 3.10.4 of the Zoning By -Law to allow for the alteration of a pre - existing, non - conforming use [from restaurant use, the former Homestead Restaurant, to residential use] said activity occurring in a building located at 8 Dario Way, off of Plain Street, in the R -1 Zone began at 10:30 P.M. The application as labeled as Exhibit "A "; a newspaper advertisement was labeled as Exhibit "B'; and a Plan of Land in Mansfield, MA dated August 10, 1964 and prepared by James Freeman, Registered Land Surveyor, Attleboro, MA, was labeled as Exhibit T". Flynn read a letter from the Planning Board into the record. "With five (5) members present, they voted to send a positive recommendation on the application." Mr. Devine asked applicant to present his case. Mr. Michael O'Donnell explained that he is Manager of the Property. Mr. McMaster, whose name appears on the application is the Trustee. Mr. O'Donnell stated that they would like to convert the existing building (Homestead Restaurant) into a single family home. Minutes of August 17, 1999 Page 9 of 9 The Board stated that since this is a residential area why is the applicant even here to convert something into a residence. The Board further stated that they would like a letter from Bert Cook stated what needs to be done; detailed plans by an engineer showing the existing structure; and some sort of authority showing that Mr. O'Donnell can represent this matter. Mr. Flynn asked the applicant why he submitted materials to the Assessors Office for tax exempt status. The applicant stated that he represents a non - profit organization. When asked where is organization is located, the applicant responded "Post Office Box 6." The applicant requested a continuance in writing until he can obtain all the requested information. The hearing was continue at 11:15 P.M. A motion was made by Mr. Butler and seconded by Mr. Kozlowski to grant a motion to Mr. Nelson on the condition that it is single story addition and the back deck does not increase the sideyard setback. Unanimously granted (Devine, Secher, Flynn, Butler, Kozlowki) Reason: hardship is the shape of the lot. A motion was made by Mr. Flynn and seconded by Mr. Secher to continue the decision on Fredette until Mr. Flynn can discuss with the Town the Rails to Trails land acquisition. (Devine, Secher, Flynn, Butler, Vultaggio). A motion was made by Mr. Secher and seconded by Mr. Flynn to continue the discussion on Booker until the next meeting. Unanimously approved. The meeting adjourned at 12:00 P.M.