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HomeMy WebLinkAboutZBA Minutes 9/19/1989i ZONING BOARD Cif- APPEALS MINUTES SEPTEMBER 19, 1989 soil The hoard of Appeals held its regular- meeting in the Town Hall., Mansfield, MA at 7 :45 P.M. Present at the hearing were the following members: Edward W. Valanzola, Acting Chairman in place of George H. Wai tkiewicz; Mary -Lou Cotton, Acting Clerk; Eric E. Butler; Dr. Stanley Sohn; Richard Sucher, Associate Member„ and Peter DeTrolio, Associate Member. The heari- g for William P. Lenahan, Esq. of 85 Copeland Drive for a Variance from Section IV Schedule B of the Zoning By -Law to construct an addition to an existing non- conforming structure at 64-66 Pratt Street, owned by Alan T. Sklar of N. Easton, with less than the required front and side yard in the General Business Zone, began at 7:53 P.M. The application was labeled as Exhibit "A', newspaper - advertisement: as Exhibit "Dr and Plan of Land dated July 20, 1989, prepared by Bay Colony Surveying, Inc. of Foxboro as Exhibit "C ". The Planning Board (7 members) unanimously voted to send a positive recommendation on this application. Mr. Richard Sucher was appointed a voting member in place of George Wojtkiewicz. Atty. Lenahan made the presentation on behalf of the owner and explained. the proposed .addition to the front of the existing dwelling and proposed parking at the rear of the property. The applicant is entering a parking easemew- agreement with abutters, Mr. & Mrs, Reilly for their- mutuml use for their businesses. The hardship involves the growth of the present business and inadequate space of the buildings Mr. Lenahan; submitted documentation /brief to support his presentation. Board members asked questions about the number of employees, number of parking spaces, car=s' at the site on a daily basis, buffer zones, the combining of the two lots, etc. There were no comments from any abutters. The hearing closed at 8 131 P,M. The hearing for .john C. Hurley of 14 King Arthur- Road (N. Easton) for a Variance from Section V.A.2.b of the Zoning By- Law for expansion of a non - conforming use at 274 Fruit Street with less than the required _side yard in the Agriculture Zone, began at 8 :35 P.M. Minutes of September 19, 1989 Page 2 of 5 The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B" and Plan of Land dated July i_.t, 19393 prepared by RIM Engineering Co„ Inc. of Mansfield as Exhibit "C" The Planning Board (7 members) voters 4 to 3 to send a negative recommendation on this application. Mr. DeTroli.o was appointed a voting member in place of George Wojtkiewicz, Mr. Secher was appointed a voting member- in place of Dr-. Bohn, who had to leave the meeting. Mr. Hurley explained the former- and present status of the site in question where he is operating his business, Scoreboard Enterprises. The proposed garage would be used for storage Purposes only with no additional employees or noise Board members questioned the positioning of the proposed building with a side yard of 13' as opposed to the required in the Agriculture Zone. Mr-. Hurley stated that the proposed building could be moved to meet the side yard requirement and had been placed too close to the property line not knowing the by -law requirement. Mr-. Madan of the Planning Board made comments re the side yard and size of the expansion. There were no comments from any abutters. The hearing closed at 8445 P.M. The hearing for Gary & Robin Forget of 163 Tremont St., for a Special Permit in accordance with Section V.F of the Zoning By -Law to construct a multiple dwelling complex (-: buildings - TO units) at 29 Webb Place (rear) (Map 27 Lot 265), owned by Dana Knil of 39 East Street:, in the Residence B Zone, began at 8:55 P.M. The project is known as Robin Meadow, The application was labeled as Exhibit. "A ", newspaper advertisement as Exhibit "B" and Flan of Land dated July 27, 1959, prepared by S.L. Rolfe a. Associates of North Attleboro as Exhibit "C ". Mr. Serher and Mr. DeTrolio were appointed voting members in place of Mr. Wojtkiewic'a and Dr. Sohn. The following correspondence was read into the record: 1) Planning Board letter of September 18, 1989 - Seven members voted 5 to 1 with 1. abstention to send a positive recommendation on this application without having other. boards' comments and with a list of considerations. Minutes of September 19, 1939 Page 3 of 5 2) Memo dated September 19, 1959 from Tom Dwyer, Town Manager requesting the board to defer action on this application until all boards have submitted comments. 3) Memo dated September 19;, 1989 from I_oriiee Fish, Parks & Recreation Director- concerning the policy for Use of Old Colony Right-of-way. Mr. Forget began the initial presentation explaining his acq_r i stion of the property and proposed improvements to same including elimination of hazardous conditions, installation of new drainage, new pavement, one way traffic, walkway an an amenity for the town, etc. Mr-. Role, Engineer, explained the technical aspects of toe project .including the drainage, density, setbacks, buffers, on -sits fences, landscape features, etc. Mr. Vala.nzol.a proceeded step by step through the requirements of Section V.F. of the By-Law to make certain the applicant had submitted all the necessary documentation and plans. The Site Flan (Exhibit "C") satisfies the requirements of V.0 and V.F.2.b of the By-Law. Applicant also submitted architect- ural drawings of the proposed buildings, dated ,June 20, 1989, prepared by uarson Realty Trust of Mansfield. Mr. Forget - explained that he received Certification from the Sewer Commission, but does not have it in writing for this hearing. He will make sure the board has it for the continuation. Board members questioned the drainage calculations, topography of the site, soil conditions, traffic studies, size of the proposed units, expected number of children, parking spaces/requirements, etc. Numerous abutters made comments. Opposing comments concerned the water /drainage problem in the area, density calculations, quantity of children, high impact in the area , traffic, impact on the senior citizens of the elderly housing project, school children walking to Park: Row, other future units planned for the same area, etc. One abutter made favorable comments regarding the improvement to the site as it now exists. The hearing is to be continued until October 3, 1989 in order for the board to receive additional comments from town departments. Minutes of September 19, 1989 Page 4 of 5 The hearing for James Fi.tzpatr-ick, Jr. of Westford for a Variance from Section III.D of the Zoning BY-Law to convert an existing non- conforming two family dwelling at 57 Charles Street: to a three family dwelling, which is non - -conforming in the Residence C Zone, was continued from September 5, 1489 and began at 10:20 P.M. Mr. Secher and Mr. DoTrolio were appointed voting members in Place of Mr. WO itkiewicz and Dr. Sohn. The applicant submitted a Flan of Land dated September- 17, 2989, prepared by Frederick Lapham IIi, Professional Land Surveyor of Mansfield, which was labeled as Exhibit "C The Planning hoard (5 member--. ) voted 4 J to cF to send a negative recommendation on this application. They also expressed concern that the land in question may have been re- -zoned to Residence A at the Town Meeting. After checking the amended by -laws, it was discovered that Article 40 dial in fact change this area to Residence A, which is a more restrictive zone. It does not allow two family dwellings. A motion was made by Mr, Valanzola and seconded by Mrs. Cotton to allow the application/ad to be amended to Residence A. Unanimously granted. Mr. Fitzpatrick was represented by his Attorney, Philip F. Filosa of Wrentham. They explained how the property had been purchased as a three family, not knowing that it was originally zoned for two family. Problem arose when the applicant applied for a permit to build a fire escape for the third floor. Multiple dwellings do exist in the area and there is parking on site for at least 4 cars. The applicant submitted a petition from abutters not opposed to the three family dwelling. There were no abutters present. at the hearing. The Dearing closed at 10 :43 F.M. Motion made by Mrs. Cotton and seconded by Mr. Secher to grant the Variance for William P. Lenahan to construct an audition to an existing non- conforming structure at 64 - -66 Pratt Street with a front yard of 4' (plus or minus) in t accordance with the plans submitted. Minutes of September 1V, 1459 Page 5 of 5 Mr. DeTrolio was appointed a voting member in place of Dr. Sohn. Reasons stated were as follows; 1) it would improve traffic flow. 2) It would be for the public safety and good. 3) Building would be consistent with the character of the neighborhood. Mr. Butler questioned the hardship and parking benefits. Mrs. Cotton., Mr. Secher;, Mr. DeTrolio and Mr. Butler., in favor; Mr. Valanzola, opposed. Variance granted 4 to 1. Motion made by Mrs. Cotton and seconded by Mr. Secher to deny the Variance for John C. Hurley to expand a non- conforming use at 274 Fruit Street by constructing a building at 274 Fruit Street with a side yard of 13' (plus or minus) in accordance with the plans submitted. Unanimously denied. Reasons stated were as follows: 1) The proposed building can be situated on the lot so _ as to be in conformance with the by -law. 2) No hardship exists for the size of the proposed building. No decision is to be made on the Fitzpatrick application until the Zoning Board roceives a recommendation from the Planning Board based on the rezoning of the lot in question. Sharon to follow up on this recommendation. Motion made to waive the reading of the minutes of September 5, 198? to the next hearing. Unanimously agreed. Decisions were signed for Sullivan and DeGirolamo. Mr. Butler to make amendments to the Conncell. decision. Meeting a.iournec at 11:15 P.M. Respectfully submitted, O Mary Lou Cotton Acting Clerk: