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HomeMy WebLinkAboutZBA_12071999ZONING BOARD OF APPEALS MINUTES DECEMBER 7,1999 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; Jack Vultaggio, Associate Member; and Elisabeth Garber - Miller, Associate Member, Mrs. Garber - Miller was appointed voting member for the first hearing in place of Mr. Secher. The hearing on the application of River Edge Building Corp. for a Variance from Section 4.2.1 of the Zoning By -Law to allow for construction of a deck with less than the required rear sideyard setback, said deck and house located at 16 River Edge Road began at 7:30 P.M. The application as labeled as Exhibit "A "; a newspaper advertisement was labeled as Exhibit "B "; and a Zoning Board of Appeals Plan #16 River Edge Road, Mansfield, MA, dated October 13, 1999 and prepared by Dunn- McKenzie, Inc., Land Surveying and Civil Engineering, 206 Dedham Street, Rt. 1A at Rt. 115, Norfolk, MA 02056 was labeled as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. "With six (6) members present, they considered the above - referenced application and unanimously voted the following: to send a positive recommen- dation on the existing overhang, and to send a negative recommendation on the proposed deck. The Planning Board approved this open space cluster plan only recently after many hours of re- view. Granting this variance request will encroach on the open space of the applicant's neighbors." Mr. Devine asked the applicant to present his case. Mr. Mike Quinn explained that this is a new home which he had built. The night before the closing, the builder informed him that the 10'x 12' deck was non - conforming and in order to obtain an occupancy permit, the deck would have to be torn down and a small three (3) foot landing constructed. Once Mr. Quinn obtained a variance on the deck, the builder would construct the deck again. Mr. Quimr explained that he was surprised about the overhang on the rear of the house and did not know lie needed a variance for that. Mr. Quinn also presented pictures to the Board of how the rear of his home looks. The hearing closed at 7:45 P.M. Minutes of December 7, 1999 Page 2 of 5 The hearing on the application of Mansfield Health Center for a Variance from Section 4.7.1.1 of the Zoning By -Law, to allow for construction of a sign along Route 140 and Copeland Drive, adjacent to the Health Center located at 200 Copeland Drive in the B -3 Zone, with the Rte. 140 sign higher than allowed, and the Copeland Drive sign larger than allowed began at 7:45 P.M. The application as labeled as Exhibit "A "; a newspaper advertisement was labeled as Exhibit "B "; and Zoning Board Plan for Mansfield Health Center dated October 28, 1999 and prepared by Hutchins - Trowbridge Associates, 200 Chauncy Street, Mansfield, 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 negative recommendation on the application. It is the opinion of the Planning Board that both of these signs substantially derogate from the intent of the Zoning By -Law. A Variance has already been granted for the current sign on Route 140, and the size of the sign proposed to replace it is significantly larger." Mr. Vultaggio was appointed voting member for this hearing in place of Mr. Secher. Mr. Devine asked the applicant to present his case. Attorney Edward Valanzola asked to read his memorandum into the record. "EXHIBIT A. RE: 200 Copeland Drive, Mansfield, MA, Zone B3. This application is for a variance from the following sections of the Mansfield Zoning By -Laws: Section 4.7.1.2 for height for sign along Route 140 and sign square footage for both signs. In support of this application the applicant states as follows: (1) The lot and locations of the proposed signs are shown on a Zoning Board Plan prepared by Hutchins - Trowbridge Associates dated october 28, 1999. (2) The lot consists of 130,680 square feet [3.0 acres + / -] of land. The Mansfield Health Center Medical Building, which is owned by Sturdy Memorial Hospital, was built on the lot in 1982. At the time, the sign on Copeland Drive was built. (3) The sign on Route 140 was added after numerous complaints by patients that they were unable to find the health center. (4) The building was initially leased by Sturdy and purchased in the late 1980's. (5) A number of patients are referred to the health center by Sturdy Memorial Hospital (approximately 27% of the patients were from the Attleboros in the most recent fiscal year) and approximately two thirds of the patients came from outside of Mansfield for the fiscal year which ended September 30, 1999. (6) In fact, statistics provided by the health center indicate that during the most recent fiscal year, patients came from over 80 different towns and cities, including cities and towns as far away as fall river, Rehoboth, Seekonk, Falmouth, Middleboro and twenty five towns and cities in Rhode Island. (7) It is important that patients are able to locate the health center without delay since urgent care is Minutes of December 7, 1999 Page 3 of 5 provided for worker compensation injuries, people suffering from bee stings and other injuries requiring immediate medical attention. The health center does provide for walk in medical care. Mr. Flynn stated that this industrial park is unique because of the beautiful landscaping buffers. (8) The sign on Copeland Drive will be located in the same location as the current sign. It will be approximately 60 square feet and remain similar in size to the current sign. (9) The sign on Route 140 was constructed pursuant to a variance issued on September 5, 1984 to help direct "...traffic on Route 140 to the Mansfield Health Center." The variance allows a 32 square foot sign, however, it has become apparent over the years that the size of the current sign is not sufficient. It is often not seen and is barely visible during the spring, summer and fall months. Patients coming from Route 95 or 495 onto Route 140 often drive by without noticing the sign. (10) The proposed 84 square foot sign on Route 140 is primarily comprised of two steel poles in engineered concrete bases with a two sided sign cabinet featuring a time/termperature display on both sides. A copy of the plans for each sign are attached hereto as exhibit "B ". (11) The relief requested will not cause substantial detriment to the public good or impair the purposes and intent of the By -Law or impact the general area. In fact, the proposed use and signs are consistent with the general. There are other businesses in the area and one of the closest neighbors to the Route 140 sign is in the industrial park which has a sign covering a significant area to allow for visibility for the traffic it receives each day. Along Copeland Drive, the proposed sign is similar in size to the current sign and therefore should not have any impact to the residential neighbors. (12) The variances can be granted without nullifying or substantially derogating from the intent or purpose of the Zoning By -Law. (13) Due to the large amount of volume of traffic which originates in numerous communities outside of Mansfield and the benefit the health center provides to all of its patients, including many Mansfield residents, the applicant would incur a hardship and many of its patients (especially ones traveling from other towns who are not familiar with the area and require immediate medical treatment) could also incur a hardship. These hardships are unique to this lot, its use and the benefit and service it provides to the community. Respectfully submitted, the Applicant /Owner The Mansfield Health Center, Sturdy Memorial Hospital, Inc., by its attorney, Edward W. Valanzola, Esq., 3 Langley Drive, Mansfield, MA." Mr. Valanzola introduced three representatives from the Mansfield Health Center, Betty Longacre, Joe Clark, and Dr. John Shaver. Attorney Valanzola explained his memorandum and stated that the signs are very hard to see which there is foliage and there is nothing they can do because the trees are owned by the state. Also, this sign will be providing a service to the public and will be internally lighted with neutral colors. Minutes of December 7, 1999 Page 4 of 5 The Board suggested that an advantage would be to turn the sign and have it at an angle so it would be easier to see. The Board also suggested that they would like to see exactly what this sign will look like and the color, for both signs; and to see if the sign can be turned or rotated at a 90degree angle. A motion was made by Mr. Butler and seconded by Mr. Flynn to continue this hearing until December 21, 1999. Unanimously approved. A motion was made by Mr. Butler and seconded by Mr. Flynn to continue the hearing on Mr. Travers, 9 Webster Street, since Mr. Travers was not present, until December 21, 1999 at which time a decision will be made. A motion was made by Mr. Flynn and seconded by Mr. Butler to continue the hearing on Mr. Ryan, 30 Mayflower Drive, since Mr. Ryan was not present, until December 21, 1999 at which time a decision will be made. The hearing on William Richard for the proposed office building at 430 South Main Street was ( continued at 8:30 P.M. Mr. Richard and his attorney, Edward W. Valanzola, presented the Board with the requested new plans. Mr. Richards stated that he spoke with Chief O'Neill at the police department regarding the traffic situation, and since Lance (the traffic officer) was away from the office and could not attend this meeting, Lance will be sending something with his recommen- dation as soon as possible. Chief ONeill stated to Mr. Richard that he sees no issue with this situation. Attorney David Manoogian, representing Mansfield Properties Realty Trust, 149 Pleasant Street, Attleboro, MA stated that he represents Mansfield Properties Realty Trust and would like to know what is the hardship and that he agrees that a traffic study should be taken. Mr. Valanzola stated that Mr. Manoogian is misleading the Board and all this is a smoke screen and he really represents Great Waves who wants to purchase this property for a parking lot. The hearing was closed at 9:00 and a decision will be made at the December 21, 1999 pending receipt of only Lance's recommendation. The hearing is closed to everything else. A motion was made by Mr. Flynn and seconded by Mr. Butler to grant a variance to River Edge for the overhang to house. Unanimously approved (Devine, Butler, Flynn, Kozlowski, Garber - Miller). Reason: The house is already there and it would need major structural changes to I Minutes of December 7, 1999 ( Page 5 of 5 take the overhang off of the house. A motion was made by Mr. Flynn and seconded by Mr. Kozlowski to deny a variance to the deck on River Edge. Variance Denied 4 -1 (In favor of the Motion - Devine, Flynn, Kozlowski, Garber- Miller. Opposed - Butler). This is an issue to be resolved between the Builder and the Owner. There is no hardship. A motion was made by Mr. Flynn and seconded by Mr. Butler to approve the Minutes of November 16, 1999, with corrections. Unanimously approved. The meeting adjourned at 10:00 P,M.