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HomeMy WebLinkAboutZBA 03/15/2022Zoning Board of Appeals Minutes March 15, 2022 !':CEJVED «his OFFICE MEETING HELD IN PERSON IN MEETI] G ROOM 3AB AND VIRTUALLY USING GOTOWEBIP61k AWPIFAA 20 Present: Elisabeth Garber -Miller, Chair; Darlene Pruitt, Clerk,l'hthp plan Maxwell, Associate and Matthew List, Associate Priscilla McGill, Administrative Secretary Absent: Eric Correira and Matthew Cummings The Chair appointed Ryan Maxwell and Matthew List as voting members for the meeting. Application of Route 140 School Street LLC for a Variance from Zoning By -Law Section 230- 4.7A.2 Freestanding Signs to amend current I-495 pylon variance to allow for additional height/sign area at 280 School St. (Assessor's Map/Parcels 012-014, 012-016, 012-017, 012-018, 012-019, 012-020, 012-031, and 012-041) in Industrial 1 (I-1) zone. Amanda Chisholm, Development Manager for Mansfield Crossing, was present for the meeting and presented information for a Variance to the Pylon sign amendment to change the sign height and area. She presented a site exhibit depicting the location of Mansfield Crossing with the location of existing sign off Route 495 within MassDOT jurisdiction. She also presented pictures depicting the existing sign from the parking area view and a view with the tree line that is currently obscuring the tenant panels on the sign visually from highway traffic on Route 495. Ms. Chisholm stated that the changes are important in retaining and acquiring new tenants by having the tenant panels visible on the pylon sign. Ms. Chisholm referenced conversations with MassDOT to selectively prune trees as their policy does prohibit removal of whole trees. She referenced coordination calls with the Town and MassDOT to discuss a solution that would work. A certified arborist visited the site to tag trees for identification of removal or pruning to make the existing sign visible. The number of marked trees was extensive and MassDOT would not allow it. Ms. Chisholm then presented a proposal for a new pylon sign that would be higher and create visible tenant signs. MassDOT would allow for selective removal of some of the branches for the new sign to be visible. She reiterated that the variance would be for the significant height increase. She referenced a previous meeting with the Planning Board for discussion of the Special Permit amendment if the Variance were to be approved. ZBA Meeting Minutes— March 15, 2022 Page 1 of 7 Ms. Chisholm presented an example of the Erin Crossing pylon sign which is approximately sixty feet high. She also presented the proposed pylon sign rendering depicting the cabinet above the tree line and a depiction of the current versus proposed sign. Board Comment Mr. List inquired if there would be a tree maintenance agreement in place with MassDOT. Ms. Chisholm said there is no current agreement, but confirmed a recent site visit with MassDOT and their agreement for a policy of selective tree trimming to keep the sign visible. Mr. Maxwell confirmed that at the School Street entrance there is only a Mansfield Crossing marquis sign and inquired if there was consideration to replace that sign with a tenant sign. Ms. Chisholm stated that there is no current consideration to replace that sign and that at the Planning Board at the time of Special Permit had requested for that sign to remain smaller. Ms. Garber -Miller inquired about the orientation of the sign parallel to the highway as opposed to perpendicular and visible to both highway directions. Ms. Chisholm stated that the orientation for the proposed new sign is not confirmed and would take the orientation of the sign into consideration. Ms. Garber -Miller stated that the orientation would be important to the Variance approval. She also suggested that a written agreement with MassDOT for tree trimming and maintenance be made a part of the Variance approval. Mr. List confirmed that the sign will be two sided. Mr. Shannon confirmed that the sign would be internally illuminated for the tenant sign area. Ms. Chisholm also noted hours of illumination could be discussed for what is acceptable to the Town. Mr. List noted that the Variance request is substantial. Ms. Chisholm said they would be willing to discuss reduction to sixty feet and to have further discussions with MassDOT on their policies. Ms. Garber -Miller said other requests for high signs have been made, which were not approved, and that there is potential to set a precedence for future other requests for larger and higher signs along the highway corridor. She expressed that in order to decide on the variance, Ms. Chisholm would need to provide what MassDOT is willing to provide and the minimum required sign height to accomplish the same goals. Ms. Garber -Miller also noted that the sign orientation is important as it would be sited on the plan, which would be a part of the variance decision. Mr. Shannon inquired as to the width and depth of the proposed sign in relation to a billboard and expressed concern that the sign would become a billboard, which is not allowed. Mr. Maxwell expressed his opinion that the proposed sign is different than a billboard. Public Comment Ms. Garber -Miller read the statement for public comment. There were no public comments. Ms. Chisholm requested a continuance of the hearing. Motion: To accept request for continuance to April 19, 2022. (Maxwell -Shannon) Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES ZBA Meeting Minutes — March 15, 2022 Page 2 of 7 Application of Laurence & Selma Malsky for a Finding in accordance with Zoning By -Law Section 230-7.2B and 4.2A Front Yard Setback and Side Yard Setback to construct a second and third floor addition and a new deck at 26 Draper Avenue (Assessor's Map 18 Parcel 79) in the Residential 3 (R3) zone. Laurence Malsky, applicant, was present for the hearing. He explained that the preexisting residence is on the corner of Allen Avenue and Draper Avenue and across from the commuter rail parking lot. Mr. Malsky said that the existing house is partially three floors and partially two floors. He is seeking to build onto the existing two floor section to make it match with the existing three floor roof ridge height. The new buildout will not be higher than the existing 35- foot height. He also said that the new deck, which will be used for a kitchen egress landing, will be in alignment with the house rear bump out. Mr. Malsky explained that the plan showing new bulkhead stairs will be replacing the existing bulkhead stairway and within the setback. The Board discussed and reviewed the previous plans from a 2010 application for comparison of the old and new bulkhead inquiring if the bulkhead will be new. Mr. Malsky confirmed that the bulkhead is preexisting and they will only be replacing deteriorated steel doors and access stairs. Public Comment There were no public comments. Board Comment No further Board comments. Ms. Garber -Miller closed the public hearing. Motion: That the request for a finding at 26 Draper Avenue is an increase to a preexisting nonconforming condition. (Maxwell -Shannon) Ms. Garber -Miller said that deck addition is de minimis in increase to the nonconformity. Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES Motion: That the increase in the preexisting nonconforming condition per the plan at 26 Draper Avenue is not substantially more detrimental to the neighborhood than the current condition. (Maxwell -Shannon) Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES ZBA Meeting Minutes — March 15, 2022 Page 3 of 7 Application of Mohammed Abdullah for a Variance from Zoning By -Law Section 230-4.2A Lot Frontage where 150 feet is required to construct a single-family residence at Lot 391, Allen Avenue (Assessor's Map 21 Parcel 391) in the Residential 2 (R2) zone. Attorney Edward Valanzola and Mohammed Abdullah, Applicant/Owner were present. Atty. Valanzola referenced the newly submitted site plan dated March 1, 2022 in which two speed bumps, bollards to protect the building at gas meters and steps, and shrub plantings have been added. He explained that he had met with two property abutters at a meeting in his office in which concerns were discussed and addressed. Atty. Valanzola explained that the lot is a grandfathered legal lot which was recorded in 1944 in Land Court. He referenced the submitted letter from the Building Inspector indicating that it is a legal lot and said that the lot does have 200 feet of frontage on Allen Avenue where only 50 feet is required per MGL Ch.40A Sec. 6 when a lot is grandfathered only 50 feet of frontage and 5,000 square feet of lot is required. The lot is 20,000 square feet, which is more than adequate. Atty. Valanzola stated that the applicant, by right, can use Allen Avenue for access and expressed that option would disrupt other homes with the clearing of trees and road surfacing, be costlier to the applicant, and would be intrusive to the existing neighborhood. Therefore, they are seeking a 12-foot variance, which is the width of the easement to allow a right-of-way to the property from Chauncy Street. Atty. Valanzola noted that the applicant will also have to go before the Conservation Commission. He spoke with Katelyn Gonyer, Conservation and Environmental Planner, and said that she expressed concern with the use of Allen Avenue and referenced the River Protection Act regarding the Rumford River which passes through the property. Per the Act a single-family home cannot be prevented from being built, but reasonable restrictions can be imposed on the construction. Atty. Valanzola stated that the hardship would be lot topography by the river cutting through the property and taking a corner off the rear of the property. He clarified, per case law, that an abutter to a paper street has a right of use of the paper street for ingress and egress. He addressed the changes to the newly submitted site plan and suggested as part of the decision to add conditions to extend the existing chain link fence to the existing hedges, and in the spring either repair or replace the hedges. He also suggested a condition to the decision be added for snow removal that the snow be removed or plowed away from the property line and moved to a designated area at the back of the house. Conditions would be a part of the decision, recorded at the Registry of Deeds and enforceable. Atty. Valanzola explained that there is curbing at Chauncy Street and that is where the public way is located and that the curb cut is about 30 feet wide which allows for ease of access onto Chauncy Street. He said that he spoke with the police and fire departments and expressed that they did not have issue with the entry from Chauncy Street. Board Comments Mr. List stated the he understands the expense for building out Allen Avenue and asked for explanation of what the hardship would be in relation to the paper street and river. ZBA Meeting Minutes— March 15, 2022 Page 4 of 7 Atty. Valanzola explained the hardship would be a personal cost to the applicant for the street build out and the shape of the property with the river running through the rear corner of the property making it unusable. Atty. Valanzola also stated that if the paper street were to be developed, there is another vacant lot behind the applicant's lot that would have access to the developed street and be able to build multi units on the property. Mr. Shannon commented that development of Allen Avenue would be the safest option and inquired as to ownership of the paper road. Atty. Valanzola explained that no property owner owns the paper road, but that each owner abutting the road owns to the middle point of the paper road. He also confirmed that there is an agreement for the utilities to run through the easement from Chauncy Street. Mr. Shannon expressed his opinion that it would be more hazardous to have an access driveway to Chauncy Street between the two houses and referenced issues with traffic, house gas meters, side entrances, decks, parking lot, and many things could go wrong in the winter months. Ms. Garber -Miller asked about the existing duplex and if the front parking is paved. Atty. Valanzola explained that it is paved and curb cut. Mr. Maxwell asked for confirmation of how the lot is grandfathered for zoning. Atty. Valanzola summarized as he had explained earlier in the hearing per MGL and Mr. Blackman's letter. Public Comment Ms. Garber -Miller read the statement for public comment William Thurber of 123 Chauncy Street acknowledge the site plan changes added for safety and privacy, but expressed concern for safety of children with access between the houses. He expressed concern for fire truck access and snow plowing from Chauncy Street. Ms. Garber - Miller explained that the snow issue would be added as a condition to the decision. Mr. Thurber expressed his opinion that the use of Allen Avenue would be a safer option. Atty. Valanzola said that "Left Turn Only" signs could be added if the easement access is granted. Nhi Luc of 139 Chauncy Street referenced the comment letter that he submitted to the Board highlighting his concerns. He expressed his opinion that the use of access from Chauncy Street would be dangerous and that he opposes the variance request. Sosie Megerdichian of 11 Morrow Street expressed her concern with traffic on Chauncy Street. She noted that her house abuts a rental unit house on one side and the paper street on the other side and expressed concern with the potential development of the paper street and future potential development of another lot behind the applicant's lot. She inquired if the paper street were to be developed would it be paved and would there be impact of busses, garbage trucks, delivery trucks, and snow plows all having access onto Allen Avenue. Atty. Valanzola said that the road may be crushed stone or finished as a roadway if the other property owner contributes to the finishing of the road, or it could just be a driveway access from Morrow Street. Atty. Valanzola stated that the applicant would not be seeking to have Allen Avenue be an accepted street by the Town and that it would remain a private way. ZBA Meeting Minutes — March 15, 2022 Page 5 of 7 Linda Thurber of 123 Chauncy Street expressed concern for the river, traffic, and large truck traffic through the easement. Margaret Thurber of 130 Chauncy Street expressed concern with safety and fire/rescue access. Atty. Valanzola reiterated his previous comments for emergency access through the 12-foot wide access easement and that it is a typical driveway width. He also spoke of an abutter that currently owns a three-family and is building a two-family which will allow five units to have access through one property driveway and expressed his opinion that a single-family home in the rear would be less of a burden. He summarized his opinion to allow access from Chauncy Street. Marguerite Fisher of 22 Highland Avenue expressed her opposition to the project and her confusion as to why the applicant's lot is grandfathered when the river did not exist when the lot was originally created and the topography of the lot has significantly changed. Atty. Valanzola referenced Robert Blackman, Building Inspector's letter of opinion and quoted "the lot would require zoning relief for frontage and that he agrees the lot is grandfathered for a buildable single-family lot if it can meet proper access and all other utility and conservation requirements." No further public comments. Ms. Garber -Miller closed the public hearing. Motion to Grant the variance requested from Zoning Bylaw Section 4.2A Lot Frontage per the Site Plan Proposed House Location dated March 1, 2022. (List -Maxwell) Discussion Mr. List expressed difficulty in understanding a hardship to the applicant by the location of the river on the site and understands the applicant's cost burden to build the paper street. He noted that the paper street would have to be built whether the river was there or not and that the proposed driveway could be relocated to the Allen Avenue side and gain easier access. He further expressed that if the variance were to be granted there would be a detriment to the public good, but that if not granted there would also be detriments to the wildlife and to abutters on the paper street. Mr. List expressed that the use of Allen Avenue would be a better option and would not want to set a precedence that grandfathered lots would be allowed easement access and not buildout of paper streets. Mr. Shannon did not have any further comments. Mr. Maxwell expressed his agreement with Mr. List and that if the variance is not granted, the lot could still be developed with the buildout of Allen Avenue. Ms. Pruitt did not have any further comments. Ms. Garber -Miller did not any further comments. ZBA Meeting Minutes — March 15, 2022 Page 6 of 7 Zero (0) in favor, Five (5) opposed, Zero (0) abstained DENIED Minutes February 1, 2022 Signature of Clerk r' Date of Approval ZBA Meeting Minutes— March 15, 2022 Page 7 of 7