HomeMy WebLinkAboutPlanning 10/19/2021Zoning Board of Appeals Minutes H � C E I VE O
October 19, 2021 11 t:r,,KS OFFICE
"HYBRID" MEETING HELD IN PERSON IN MEETING ROOM 3 '41 Mp I 0 A 9 31
VIRTUALLY USING GOTOWEBINAR PLATFORM
Present: Elisabeth Garber -Miller, Chair; Darlene Pruitt, Clerk; Matthew Cummingsg jAjg9giate
Members Ryan Maxwell and Matthew List h; `., , jS-11" j T c
Ms. Garber -Miller appointed Mr. List and Mr. Maxwell to vote on each of the
The clerk read the public hearing notice on the application of Mark and Jennifer Copithorne for a
Variance from Zoning By -Law Section 230-4.2.A, Front Yard Setback, for the construction of a
porch and stairs resulting in a 36.1-foot front yard setback where 40 feet is required at 3 Lewis
Road (Assessor's Map 40 Parcel 196) in the Residential 1 (RI) zone.
Designer Paul Jodice explained the house was built as 967 Maple Street, years prior to Lewis
Road being constructed and accepted as a public way in 1988, and its driveway is on Maple
Street. He said the construction of Lewis Road made the house a corner lot. Mr. Jodice explained
the house originally had the required front yard setback on Maple Street and said the farmer's
porch would enhance the property and the neighborhood.
Board Comment
Mr. Cummings asked the distance of the existing overhang to Lewis Road; Mr. Jodice said
currently, there are 43 feet from the overhang of the second floor to Lewis Road.
Public Comment
George Eddis, 2 Lewis Road, said he thinks the addition will be positive for the neighborhood and
he supports the proposal.
Ms. Garber -Miller closed the public hearing.
The clerk read the public hearing notice for the application of Fadi Alaghbar for a Variance from
Zoning By -Law Section 230-4.2.A, Front Yard Setback, for the construction of a porch and stairs
resulting in a 12.7-foot front yard setback where 30 feet is required at 33 Cottage Street
(Assessor's Map 24 Parcel 228) in the Residential 3 (R3) zone.
Owner Fadi Alaghbar explained the proposal to add to the porch and stairs came about after the
door was shifted three feet to the left.
Board Comment
Ms. Garber -Miller said she thinks this should be a Finding because the existing building is in the
setback and the house was built before zoning.
Public Comment
There was no public comment.
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Ms. Garber -Miller closed the public hearing.
Motion: That the request for a Variance be changed to a Finding
(Cummings -List) Five (5) in favor. Zero (0) Opposed. Zero (0) Abstentions. PASSES
Motion: That the request for a Finding at 33 Cottage Street is an increase in the pre-existing,
non -conforming condition.
(Cummings -List) Five (5) in favor. Zero (0) Opposed. Zero (0) Abstentions. PASSES
Motion: That the increase in the pre-existing, non -conforming condition, in accordance with the
"Zoning Plan 33 Cottage Street" dated October 19, 2020 and revised September 15, 2021, prepared
by Hutchins -Trowbridge Associates, Inc., is no more detrimental to the neighborhood than the
current condition.
(Cummings -List) Five (5) in favor. Zero (0) Opposed. Zero (0) Abstentions. PASSES
Designer Paul Jodice explained there is currently an office at the front -left corner of the house
and guest room at the back -left corner. The residents would like to expand the existing bedroom
as a handicapped accessible master suite for senior relatives and expand the office to work from
home. He said the proposal will not be more detrimental to the neighborhood, will be a single -
story extension of what is there now and will improve the curb appeal of the house.
Board Comment
Mr. Cummings asked about the front of the house; Mr. Jodice said the septic system is in the
front, and there is a swimming pool at the rear, so the addition in the proposed location would be
the least disruptive. He noted the proposal is not to add another bedroom, but only to expand an
existing one. Mr. Maxwell asked if the lot is level; Mr. Jodice said it drops off at the back. Mr.
Jodice said this was originally an agricultural zone with 15-foot setbacks.
Ms. Garber -Miller said the request is for a 3.1-foot encroachment into the setback; Mr. Jodice
confirmed that.
Public Comment
There was no public comment.
Ms. Garber -Miller closed the public hearing.
The clerk read the public hearing notice for the application of Brian and Mary Pat McSharry to
a Special Permit from Zoning By -Law Section 230-3.10(2)(a), to modify the pre-existing, non -
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conforming use and alter the pre-existing, non -conforming building at 26 Otis Street (Assessor's
Map 7 Parcel 44) in the Business 3 (B3) zone.
Attorney Michael Spillane and applicants Brian and Mary Pat McSharry; and Attorney Edward
Valanzola, representing owner Christopher Baker, were present.
Attorney Spillane explained the application to alter the pre-existing, non -conforming use, The
Country Store. The applicants have requested a modification to the existing warehouse use,
granted through a variance in 1979, for their closet storage system business. They will be
assembling and fabricating the closet systems in the back portion of the building, as well as using
it as a warehouse, with an office and showroom in the middle of the building. The front of the
building will remain a retail store similar to The Country Store. Attorney Spillane noted the rear
of the building straddles the business and residential districts. He said the applicant would also
like to add an overhead door to get materials into and out of the building. He said there will be
one to two deliveries per week, and there will not be a lot of drive -up customers because their
business is mostly done by appointment, so there will not be an increase in the current traffic.
Attorney Valanzola explained his client has entered into an agreement with the McSharrys to
purchase the property. He noted this application is for a special permit with respect to the piece
of the building in the residential zone and said the other proposed uses in the business -zoned
portion of the property are consistent with the by-law.
Attorney Valanzola said the area has changed over the last few years, with a landscaping
company on the abutting property. He said the train tracks run along the property, and the
proposed use will have less traffic than The Country Store. He said this use would be an
appropriate fit for the property and the applicants are proposing to maintain a retail store at the
front of the building. He noted the footprint of the building will not change.
Board Comment
Ms. Garber -Miller asked about outgoing deliveries, what kind of vehicles will leave the site and
how often. Mr. McSharry explained they have three vans and usually send out two jobs a day;
the vans are hand -loaded between 8:30-9:30 am and return in the late afternoon. He said they get
approximately four daily FedEx deliveries.
Ms. Garber -Miller asked about the hair salon; Attorney Valanzola said that is a separately -owned
parcel and will remain.
Mr. List asked about the showroom; Ms. McSharry said there is an existing entrance at the side
of the building.
Mr. List asked if the existing landscaping would be removed; Ms. McSharry said they will keep
the landscape buffer but plan to be sensitive to visibility issues. Mr. McSharry said they will
clean up the existing vegetation.
Public Comment
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Stephanie Motyl, 19 Otis Street, asked if this will eventually become a strip mall. Ms. Garber -
Miller said any additional changes would have to come back to the board or the Planning Board.
Mr. McSharry said he is not a developer, he is a small business owner. He said they have been in
the closet business for 20 years, and his wife is interested in the retail portion of the business.
Ms. Motyl asked about signage. Mr. McSharry said the showroom will not be there to drive
business, but is there for customers to see displays, so there will not be a large sign. He said
people visiting the site usually have appointments, it is not a retail business, so the signage will
be to help them locate the business.
Ms. Garber -Miller said the application says they plan to do soundproofing for the manufacturing
area. Ms. McSharry said the majority of that work will be within the area at the back of the
building, shown in green on the plan. Ms. Garber -Miller said those doors should be closed except
during shipping or delivery times. Ms. McSharry said they will do that and noted that area is air
conditioned, so they will want to keep the doors closed.
Ms. Garber -Miller said she is concerned about the existing landscaping being so overgrown it
impacts sight distance for vehicles leaving the site. She said she wants to make sure the sight
lines are clear.
Ms. McSharry said they plan to sell fudge and pickles if possible.
Ms. Garber -Miller closed the public hearing.
The board discussed the conditions, including maintaining the vegetation in a way that screens
the property while maintaining sight lines.
Motion: To grant a special permit in accordance with Zoning By -Law Section 230-3.10(2)(a),
to modify the pre-existing, non -conforming use at 26 Otis Street (Assessor's Map 7 Parcel 44) in
the Business 3 (133) zone in accordance with the "Brief in Support of Application for Special
Permit for Property Located at 26 Otis Street, Mansfield, MA Mansfield Assessor Map 007, Lot
044," submitted by Michael R. Spillane, Esq., Orsi, Arone, Rothenberg Turner LLP, including
"Mortgage Plot Plan 26 Otis Street," dated January 25, 2021, prepared by Hutchins -Trowbridge
Associates, Inc. (List -Cummings)
Ms. Garber -Miller said the proposed use would probably reduce traffic, and she would rather see
the building reused than fall into disrepair.
Five (5) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
Motion: To grant a special permit in accordance with Zoning By -Law Section 230-3.10(2)(a), tc
alter the pre-existing, non -conforming building at 26 Otis Street (Assessor's Map 7 Parcel 44) in
the Business 3 (133) zone in accordance with the "Brief in Support of Application for Special
Permit for Property Located at 26 Otis Street, Mansfield, MA Mansfield Assessor Map 007, Lot
044," submitted by Michael R. Spillane, Esq., Orsi, Atone, Rothenberg Turner LLP, including
"Mortgage Plot Plan 26 Otis Street," dated January 25, 2021, prepared by Hutchins -Trowbridge
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Associates, Inc., including the conditions that the doors of the manufacturing area be kept closed
except during shipping and delivery times, and the landscaping be maintained and not interfere
with sight lines (List -Cummings)
Five (5) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
Mr. List said this is a minor encroachment. Ms. Garber -Miller said the septic system is in the
front, a pool at the back, and the lot slopes down.
Five (5) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
3 Lewis Road
Motion: To grant a variance from Zoning By -Law Section 230-4.2.A, Front Yard Setback, for
the construction of a porch and stairs resulting in a 36.1-foot front yard setback where 40 feet is
required at 3 Lewis Road (Assessor's Map 40 Parcel 196) in the Residential 1 (RI) zone in
accordance with the Plans titled "Zoning Plan 3 Lewis Road" dated August 2, 2021, prepared by
Hutchins -Trowbridge Associates, Inc. (Cummings -Pruitt)
Ms. Garber -Miller said the hardship was the construction of Lewis Road, which turned this into a
corner lot.
Five (5) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
The chair read a request from the applicant's engineer to continue the public hearing.
Motion: To continue the public hearing to November 9, 2021 at 7:30 p.m.
(Cummings -Pruitt) Five (5) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
Minutes September 21, 2021
Motion: To approve the September 21, 2021 minutes (Cummings -Pruitt) All in favor. PASSES
Minutes July 27, 2021
Motion: To approve the July 27, 2021 minutes
(Cummings -Maxwell) Four (4) in favor. List abstained. PASSES
Minutes July 20, 2021
Motion: To approve the July 20, 2021 minutes (Cummings -Pruitt) All in favor. PASSES
Minutes June 8, 2021
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Motion: To approve the June 9, 2021 minutes (Cummings -Pruitt) All in favor. PASSES
Motion: To adjourn at 8:45 p.m.
(Cummings -Pruitt) Five (5) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
Next Zoning Board of Appeals Meetings: November 9, 2021 at 7:30 p.m.
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gnia u e of Clerk Date of Approval
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