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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. Zoning Board of Appeals 1 10/19/2021 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 - Zoning Board of Appeals 2 10/19/2021 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 Zoning Board of Appeals 3 10/19/2021 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 Zoning Board of Appeals 4 10/19/2021 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 Zoning Board of Appeals 5 10/19/2021 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. t n /f c gnia u e of Clerk Date of Approval Zoning Board of Appeals 6 10/19/2021