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ZONING BOARD OF APPEALS
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07 OCT I 7 M1 9: 30
MINUTES
SEPTEMBER 18.2007
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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; Eric Butler; Peter DeTrolio; Kevin Mackie;
Dave Rapoza, Associate Member; and JeffGarr, Associate Member.
The hearing of Allied Realty Trust, 95 South Main Street, which was continued from
August 21,2007, started at 7:30 P.M.
Edward Valanzola introduced himself and stated that he represented Allied Realty Trust.
He passed out new plans as requested by the Board, showing rows of plantings, the new
building and where the new doors will be facing in accordance with a new Building
Permit Site Plan for #99 South Main Street Mansfield, MA prepared for Brian Healey
Contractor, Inc., 1155 Plymouth Street, Bridgewater, MA 02333, prepared by P.M.P.
Associates, LLC 200 N. Bedford Street, East Bridgewater, MA dated 6/21/07 and revised
on 7/24/07 (door location & removal area) and 9/5/07 (landscaping). The maintenance
and care of the buildings was also explained. The proposed plantings and rows of
arborvitae for screening are shown on the plan.
Ms. Garber-Miller read a letter dated September 7, 2007 from Vincent Botti into the
record. "The Allied Realty Trust has asked for a special permit from Section 3.10.6 of
the Zoning By-Law for reconstruction of a building on existing footprint with (2) two
additional garage doors at 95 South Main Street in the R-3 Zone. This would make a
total of (6) six garage doors. These garage doors and a steel sided building would be
visible from South Main Street. This building at best would have an industrial look and
is not in keeping with what Mansfield is trying to do with its Downtown and Main Street
areas. I hope your committee can work with Allied Realty Trust and the Zoning Board of
Appeals to create a building that enhances the area and not bring an industrial look to
Main Street. Sincerely, Vince Botti."
Mr. Mackie was concerned with whether there was a lease. The applicant stated that the
building is such a mess because of the fire in the building, that the renter was forced to
temporarily move until the building can be rebuilt.
Mr. Rapoza was concerned with the wording of the lease regarding vehicles and taking
care of this property. Specifically, Mr. Rapoza wanted to address maintenance of the
property.
The hearing closed at 7:50 P.M.
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MINUTES OF SEPTEMBER 18.2007
Pae:e 2 of 3
A motion was made by Mr. Mackie and seconded by Mr. DeTrolio to grant a Special
Permit to Allied Realty Trust with the condition that there is a row of arborvitaes five feet
high every 4 feet as shown on the plan, and with the further condition that the doors
facing the north side, i.e. the proposed new doors, are only opened to bring cars in and
out. Unanimously Approved. (Vultaggio, Garber-Miller, Butler, DeTrolio, Mackie)
A motion was made by Mr. Butler and seconded by Ms. Garber-Miller to approve the
Fairfield Regulatory Agreement. Unanimously approved.
The hearing of Jerome R. Dixon, The Architects Studio (Wendy's Hamburgers) was
continued at 8:00 P.M.
Jerome Dixon introduced himself as the applicant and wanted to explain the addition in
the front of the dining room. Brian Dunn, an engineer and Project Director from Fuss &
O'Neill was to explain the screening, traffic issues and how more cars will be off the cue
and the bottleneck will be fixed. Derek Hugg was also introduced from Fuss & O'Neill.
Mr. Dunn stated that they listened to the concerns of the Board members and abutters,
and presented a new plan that shows how they are cueing waiting cars; they made some
position changes and added a new menu board. They also proposed to stripe with yellow
lines, and planned arborvitaes to screen some of the sound and lights from residents.
They would like to increase the seating capacity and remodel the interior of the building.
Mr. Hugg explained he observed the Wendy's site for about l-~ hours during lunch hour.
When the cue went about 2-3 cars out onto Copeland drive, the cars stopped going into
the line. By 1 o'clock everything died down and there was no problem. The applicants
believe that if the ordering board is moved and they plant arborvitaes it will make it more
of a buffer for the neighbors to help with the noise and the lights.
Mr. Butler stated that the abutters were concerned with the glare of the flood lights. The
trash was also an issue that was brought up by abutters. Mr. Butler suggested more
frequent pick-ups and adding some barrels.
The hearing closed at 8:30 P.M.
A motion was made by Mr. DeTrolio and seconded by Mr. Mackie to approve the
variance to Wendy's with all the conditions that were discussed, including shielding
flood lights, main order board moved, and arborvitaes planted 4 feet apart and 5 feet high
to deaden the sound and to allow the proposed addition. All in favor 5-0. Unanimously
granted.
MINUTES OF SEPTEMBER 18. 2007
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A motion was made to grant a six-month extension to the Zechers. Unanimously granted.
(Vultaggio, Garber-Miller, Butler, DeTrolio, Mackie).
The Board discussed the Decision of Ron Webster, 100 Walnut Street. Mr. Butler
explained that he spoke with Mr. Webster, who is of the opinion that if he took out the
deck he would have been granted. Mr. Webster would like the matter to be reconsidered.
When Mr. Butler spoke to him he indicated that he could not bring the matter up for
reconsideration as he had previously voted for it. No other Board member brought the
matter up for reconsideration. The decision is not reconsidered.
The Board went into Executive Session.
The meeting was adjourned at 10:00 P.M.
Respectfully submitted,
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Elisabeth Garber-Miller,
Clerk
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