HomeMy WebLinkAboutminofzba08172010
TOWN OF MANSFIELD
ZONING BOARD OF APPEALS
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MINUTES
AUGUST 17.2010
The Zoning 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: Jack Vultaggio,
Chairman; Elisabeth Garber-Miller, Clerk; Kevin Mackie; Peter DeTrolio; and Phil
Shannon, Associate Member.
The application of Joann & Andrew Dousa for a Variance from Section 4.2.1 of the
Zoning By-Law for the construction of a proposed deck, connecting the existing deck,
leaving the existing above-ground pool with less than the required side yard setback; and
a Variance from Section 4.2.1 of the Zoning By-Law for the allowance of existing stairs
and the construction of a Handicapped Ramp with less than the required side yard setback
at 3 Meadow Lane in the R-2 Zone was continued at 7:30 P.M.
Mr. Dousa explained that they are withdrawing the portion of the application to connect
the existing deck and pool with a deck. Mrs. Dousa's mother is very ill and due to the
difficulties this is creating they are only here tonight for the addition of a handicapped
ramp. The in-law apartment addition was added to the house 7 years ago and the existing
stairs were not on the original plan. They would like to construct a ramp in accordance
with the rules for handicapped accessible access with less than the required side yard
setback at 3 Meadow Lane in the R-2 Zone.
Hearing closed at 7:35 p.m.
A motion was made by Mr. Mackie and seconded by Mr. DeTrolio to grant the
handicapped ramp with the condition that a new plan is drawn. The motion was
unanimously granted 5-0. (Vultaggio, Garber-Miller, Mackie, DeTrolio Shannon).
The application of Spring Street Mill, LLC, for a Special Permit in accordance with
Section 3.10 of the Zoning By-Law for the change of use and renovation to pre-existing,
non-conforming structure and use, for the creation of a 22-unit, residential housing
development, age restricted to 55 and over located at 68 Spring Street in the R-2 & R-3
Zone was continued at 7:45 p.m.
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Mr. Va1anzo1a introduced himself and stated that he represents the Spring Street Mill of
68 Spring Street and before he continues this application he needs to approach a matter
and discuss it with Mr. DeTrolio. Mr. Valanzola explained that he is involved in another
matter involving a liquor store and knows that Mr. DeTrolio is very disappointed and
upset about what is going on and needs to address the issue of whether Mr. DeTrolio can
act impartially on this matter knowing that Mr. Valanzola represents both applicants. He
further explained that he has discussed this matter with the State Ethics Commissions and
the fact that this is not a personal matter, he feels he has to ask Mr. DeTrolio if he can act
in an impartial manner. Mr. DeTrolio affirmed that he has and always will be
professional on the board.
Mr. Va1anzola stated that he just came upon this project and it was already before the
Board and withdrawn. They are now requesting an application for a Special Permit
pursuant to Section 3.10 of the Mansfield Zoning By-Laws. Section 3.10.4 of the By-
Laws provides that, in all districts the change, extension or alteration of a pre-existing
non-conforming structure or use may be allowed when authorized to do so by the Zoning
Board of Appeals in accordance with the provisions of Section 7.2 after a public hearing,
provided, however, that such a change, extension, or alteration does not create a new non-
compliance with any other use or dimensional requirement of this by-law. Section 3.10.2
of the By-Laws provides that any building, part of a building, or land which at the time of
the adoption of this by-law is being put to a non-conforming use may be "changed to a
similar use or to a more restricted use, provided when changed it shall not be returned to
a less restricted use." Mass. General Laws, Chapter 40A, section 6 provides in part that
"Pre-existing nonconforming structures or uses may be extended or altered, provided,
that no such extension or alteration shall be permitted unless there is a finding by the
permit granting authority or by the special permit granting authority designated by
ordinance or by-law that such change, extension or alteration shall not be substantially
more detrimental than the existing non-conforming use to the neighborhood."
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Mr. Valanzola explained that the building at 68 Spring Street, known as the Retek
Building, has been in use as a manufacturing facility since the mid 1800's. The building
was first operated as a jewelry factory and occupied from 1897 until approximately 1943,
by Cobb, Evens and Cobb Jewelry, Inc. From 1943 until approximately 1963, the
Zeeland Screw Company used the building as a factory for their production. For several
years (1963-1967) Acorn Manufacturing Company used the building to manufacture door
and residential hardware. Prom 1967 to 2010, Retek Industries has operated the property
to manufacture machinery and automated control products. Each of the manufacturing
businesses required the import of raw materials and machinery to manufacture finished
products for shipment to end users.
The building was designed and engineered for heavy industrial use including 3" floors,
10' ceilings, post and beam construction and oversized doors for shipping and receiving.
Truck traffic is the primary means of transporting material and finished products to and
from the property. Detached storage trailers have been used to store products in various
stages of production.
The building and the manufacturing businesses operated thereon constitute a permitted
non-conforming use, which is described in the Mansfield By-Law as "...the use of any
building or land lawfully occupied at the time of the adoption of this by-law which does
not conform to the requirements of the district in which it is located." As a result of the
high industrial construction quality of the building, its structural integrity, shape and
design, including the entranceway, will be maintained.
There shall be twenty-two (22) one bedroom and one bathroom units on the four building
floors with 6 units on each of the first 3 floors and 4 units on the top floor. While this
will add substantial tax revenues compared to the existing use, these "55 and over"
residential one bedroom units will not require town services and will not impact the
school and municipal budgets.
Mr. Valanzola further stated that this project will not create a new non-compliance with
any other use or dimensional requirement of the By-Laws, except for the proposed "55
years of age or older" residence requirements and use, which is clearly not substantially
more detrimental than the existing non-conforming (manufacturing) use to the
neighborhood. This application also shows the new plans with new parking and
vegetation of approximately 6 acres of land.
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Mr. Valanzola noted that the applicant has met with many of the neighbors. They have
discussed how the transfer has taken place and also about the sequence with the previous
owners and what the applicant wants to do. This would apply with inclusionary units and
a few lower income units.
Mr. Mackie stated that this application is less detrimental and he wants to make sure that
the Board does it right. The R-3 Zone says does not permit this type of development, but
as long it is less intrusive we have the authority to do this.
Mr. Valanzola and Mr. Vultaggio discussed what the areas of concern are, and they
include the open space issue and the prohibition regarding accessory buildings. The
building is 7,000 square feet and they have plenty of open space. The Board needs to
determine two things, first if this proposed use is less intrusive and detrimental, and then,
if it is, whether they need a special permit.
Howard Fisk of 73 Spring Street has lived across the street for 50 years and is a retired
firefighter. He is in support of the proposal and stated that this building needs to be fixed
because if there is a fire it will take down the whole neighborhood. With it being an over
55 development, there will not be a lot of traffic or small children.
Bob Saquet of 177 Old Elm Street, provided some history for the property. In 1803 the
foundation and dam were put in. Solomon Pratt was the founder and it was a
cotton/textile mill. Benjamin Bates learned the business and moved to Maine and started
Bates College. He believed that this would be the best way to preserve an architectural
challenge.
Brian Tighe of 52 Spring Street stated that he has lived there since the 1970' s and this is a
terrible eyesore in its current state. This project will add value to the Town and will not
include children which are an expense to the school system.
Doreen Tighe, formerly of 52 Spring Street, explained that she is excited about this
project, and believes that Mr. Lazarra is the best developer in Mansfield, There are a lot
of over-55 places especially condos, but she cannot afford them. This will be affordable
and she will be able to move back into town.
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Steven Garneau of 45 James Street had a few concerns regarding fencing, vegetation,
lighting of the parking lot, and the possibility of unrented units being sold.
The Board explained that all the fencing and lighting will be discussed later on and if the
rental clause is in a deed restriction, the applicant cannot change the deed.
Mr. Valanzola asked the Board is need for the next meeting and they need to go over the
open space calculations and Section 3.3.
The hearing was continued until September 21,2010.
The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
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Elisabeth Garber-Miller,
Clerk
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