Loading...
HomeMy WebLinkAboutZBA 12/17/2019Town of Mansfield Zoning Board of Appeals Meeting Minutes December 17, 2019 RTC EIVED S OFFICE 2020 FEB 12 P 1: 5 U ccPEL7 fSFTTS Present: Elisabeth Garber -Miller, Chair; Darlene Pruitt, Clerk; Matthew Cummings, Philip Shannon, Eric Correira, Aaron Gallagher, Ryan Maxwell, Christopher George (Recorder) Guests: Bill Glour (600 West Street), Jason Parillo (600 West Street), Bill Clemmey (390 West Street), Karl Clemmey (390 West Street), The meeting of the Mansfield Zoning Board of Appeals was called to order by Chair Elisabeth Garber -Miller at 7:30pm. Foundry LLC for Variances from Zoning By -Law Section 230-5.IOK7E, North Main Street Business Overlay District, Parking, (a) to allow access to the site from the sides where access from the rear of the site is required; (b) to allow retail along 67% of the building frontage where 100% is required,- (c) and to allow the depth of retail space along the building frontage to be 30% to 50% where 50% is required- Section 230-4.4D9 (a), offstreetparking and loading, entrance%xit drive widths and location, to allow a distance of 28 feet 4 inches from the proposed exit driveway to West Church Street and to allow a distance of 46 feet from the proposed exit driveway to Old Colony Way where 50 is required; and Section 230-4.5, Corner Lot, to allow a building setback of 11. 5feet from West Church Street and a building setback of 6.5 feet from High Street where 25 feet is required to allow for the construction of a mixed business/residential use building at 206-214 North Main Street, 4, 6, 8 West Church Street and 15 High Street (Assessor's Map 21, Parcels 151, 380, 147, 152, 148) in the Business I (Bl) zone. Ms. Garber -Miller invites Mr. Bill Clemmey to address the Board. Mr. Clemmey says he was here in 2017 with identical variances that were unanimously approved. He says 6 months ago they realized that variances only last 1 year. He says the document before them is identical to the one put in front of them in 2017. He says they went in front of the planning board with these plans at their last meeting. Mr. Clemmey overviews a street plan. He said there will be a lot of definition along the sidewalk. Ms. Garber -Miller asks if it will still have the plaza. Mr. Clemmey says yes. He says that the Board currently has the formal plan which details all of the variances. He says the rear access, for the parking garage, is needed because there are no buildings behind this building. He says there will be an entrance on West Church Street. He says both West Church Street and High Street are both one ways. Ms. Garber -Miller verifies that the plan he's presenting does not show the parking lot. Mr. Clemmey says they can find the lot within their packet. He says the front entrance brings them to the side of the building to have them park in the rear lot. He says all out traffic will leave via High Street. He says they have four driveways on the property now and they're near the locations where entrances and exits will be placed. Mr. Clemmey says they do have an option of putting in a restaurant in that spot. He says there is no housing on the first floor. He says the whole front of the building on the street is retail. Ms. Garber -Miller says that in the original plan there was public space mentioned. Mr. Clemmey says there will be a public area, along half the size of this meeting room, which will be available as commons space. Ms. Garber -Miller says if it's attached to a restaurant then it can't be considered common space. Mr. Clemmey says it won't all be for the restaurant. Ms. Garber -Miller says, that on page four, that they've contemplated it being public space. Mr. Clemmey says they've thought about it but would like to have a restaurant in that place. Ms. Garber -Miller says she sees it as a tradeoff for squeezing the opposite side near the side walk. She says if it's going to be public space then she'd like it to be listed as such. Mr. Clemmey agrees. Mr. Clemmey says the requirement is to have 50% of the front of the building being retail. He says their hardship is that it's not a square building. He explains how the percentage of retail space drops as you move down the frontage of the lot. He says this impacts the design of the building. He says they still have about 6,000 Square Feet of retail space. Mr. Clemmey says they want to use the non -conforming set back. He says the bottom right section of the plan actually overflowed onto the sidewalk and they're currently further back than the original building was. He says there will be no blind spots because all traffic leaving High Street is a one way. He says the same thing for West Church Street. Mr. Clemmey says they're doing this now in case there are any further Zoning By -Law changes. Ms. Garber -Miller asks if it's still 44 units with 6 affordable. Mr. Clemmey says yes and they didn't ask for a waiver on that. Ms. Garber -Miller queries for questions from the audience. There are none. Mr. Gallagher says his concern from the last time was to make the entrance one-way and that's been included. Mr. Shannon says if that becomes a restaurant then it wouldn't be public access anymore. Mr. Clemmey says he'd like to try and keep it partially public. He says a restaurant would use the right side of the public space and part of it will remain as a public plaza. Ms. Garber -Miller queries for questions. There are none. *Motion to approve the application for a variance from from Zoning By -Law Section 230-5.1OK7E, North Main Street Business Overlay District, Parking, (a) to allow access to the site from the sides where access from the rear of the site is required; (b) to allow retail along 67% of the building frontage where 100% is required; (c) and to allow the depth of retail space along the building frontage to be 30% to 50% where 50% is required; Section 230- 4AD9 (a), off street parking and loading, entrance/exit drive widths and location, to allow a distance of 28 feet 4 inches from the proposed exit driveway to West Church Street and to allow a distance of 46 feet from the proposed exit driveway to Old Colony Way where 50 is required; and Section 230-4.5, Corner Lot, to allow a building setback of 11.5 feet from West Church Street and a building setback of 6.5 feet from High Street where 25 feet is required to allow for the construction of a mixed business/residential use building at 206-214 North Main Street, 4, 6, 8 West Church Street and 15 High Street (Assessor's Map 21, Parcels 151, 380, 147, 152, 148) in the Business 1 (Bl) zone for Foundry LLC per the plan presented made by Mr. Cummings, 2Id by Mr. Gallagher. VOTE 5-0 Poblocki Sign Company on behalf of Keuhne and Nagel for a Variance from Section 230- 4.7B (1), Signs, of the Zoning By -Law to allow a second freestanding sign at 600 West Street (Assessor's Map 44, Parcel 900) in the Planned Business District (PBD) zone. Mr. Parillo introduces himself and Mr. Glour. He says there is already a free-standing sign here on the property but they do have a new directional sign that they'd like to install. He says this business does not have a sign and it would be important to direct people to the business. He says it's non -illuminated. Mr. Correira verifies the sign is required because there are two businesses with two different entrances. Ms. Garber - Miller says it's a bit of a safety issue due to the hill; if people were to stop short to make the entrance. Ms. Pruitt verifies that it's a double sided sign. Mr. Glour says it's the Rolls-Royce Marine Division and this entrance would only be for government employees, vendors, and inspectors. Ms. Garber -Miller queries for questions. There are none. *Motion to approve the application for a variance from Section 230-4.7B (1), Signs, of the Zoning By -Law to allow a second freestanding sign at 600 West Street (Assessor's Map 44, Parcel 900) in the Planned Business District (PBD) zone per the plan presented made by Mr. Cummings, 2Id by Ms. Pruitt. VOTE 5-0 PASSED Sign 157 Pratt Street Decision The Board signs the decision. Sign 601/619&621 East Street Modification Decision Ms. Garber -Miller says they've approved this based on the receipt of an updated plan. She asks the Board if they think the plan meets the requirements of what the Board asked for. Mr. Cummings says no. Ms. Garber -Miller says it's the same plan provided but with color and it won't show up when scanned into the register. Mr. Correira says it doesn't meet the Boards requirements in that case. Mr. Correira says at the last hearing they agreed that they'd go back to the engineer and get a new copy of the plan drawn up. Ms. Garber -Miller concurs that was what they agreed upon. Mr. Gallagher says if the fence blew over in a windstorm then this plan wouldn't help them put it back into place. Ms. Garber -Miller says they need a plan that delineates where the physical barrier will be. *Motion that the plan presented for 601/619&621 East Street is sufficient per the request made at the previous hearing made by Mr. Cummings, 2"d by Ms. Pruitt. VOTE 0-5 FAILED Ms. Garber -Miller requests Mr. George to contact Robert Blackman to have him contact the Sohn's Counsel to inform them that the plan is grossly inadequate, that it doesn't contain any meets and bounds, that the fence location is different on the two plans provided, and that colored lines will not show up when they go to the registrar. She says that she want's Mr. Blackman to make it clear that they have it surveyed and engineered to show the exact location of the fence with dimensions. Meeting Minutes, November 19, 2019 *Motion to approve the minutes from November 19, 2019 made by Mr. Gallagher, 2"d by Ms. Pruitt VOTE 5-0 PASSED *Motion to adjourn made at 8:22pm by Mr. Cummings, 2"d by Mr. Gallagher. Vote 5-0 PASSED Date of next meeting: January 21 st, 2020 _;VVQOa�-) lene Prui .Clerk D to