HomeMy WebLinkAboutZBA 04/26/2022Zoning Board of Appeals Minutes RECEIVED
r1ERKS OFFICE
April 26, 2022
2022 JUG - I A 10: 21
Meeting Held in Person in Meeting Room 3A/B and,, ;
Virtually Using GoToWebinar Platform � t r�. 4 `' F I E L D
Present: Elisabeth Garber -Miller, Chair; Darlene Pruitt, Clerk; Philip Shannon; Eric Correira;
Matthew Cummings; and Matthew List, Associate
Priscilla McGill, Administrative Secretary
Absent: Ryan Maxwell, Associate
Application of Scott & Lisa Rogan for a Variance from Zoning Bylaw Section 230-4.2A Density
and Dimensional Regulations to construct a two -car garage with room above with a proposed
side set -back of 16-feet at 42 Old Farm Road (Assessor's Map 3 Parcel 137) in the Residential 1
(Rl) zone.
Craig Cygawnoski of RIM Engineering and applicants Scott and Lisa Rogan were present. Mr.
Cygawnoski stated that the house was built in 1972 and thought that at that time the setbacks
were 15 feet side and 30 frontirear. The homeowner chose not to build a garage at that time.
Mr. Cygawnoski stated that the homeowner explored the possibility of placing the garage at the
right rear of the house but the septic system is in the rear. The applicant is seeking a variance to
allow for the construction of a two -car garage on the left side with a reduced setback of 16 feet.
Some houses in the neighborhood have garages and some do not. He said that garage addition
would not be more detrimental to the neighborhood than the existing houses. He further noted
that the current Bylaw setbacks are 40 feet front and 25 feet side.
Ms. Garber -Miller inquired as to what the hardship would be for the variance and noted that the
septic is not shown on the plan. Mr. Cygawnoski said the hardship is the existing septic location
which does not allow for the garage to be conforming. Mr. Rogan explained the location of the
septic tank and leaching field in relation to the house. He further explained that the original
plans from RIM engineering showed the side setback to be 15 feet and they then moved forward
with designs and financing for the project, but subsequently discovered, when applying for the
building permit, that the Bylaw setback is currently 25 feet. He explained that alternative design
changes to meet the 25-foot setback created challenges and would also encroach into the septic
area or require the driveway to be extended to the neighbor property with the garage having to be
turned and facing the neighbor.
Mr. Shannon inquired what will be above the garage and Mr. Rogan confirmed the design is for
a master suite.
ZBA Meeting Minutes —April 26, 2022 Page 1 of 5
Ms. Garber -Miller expressed that the date of when the house was built does not have bearing on
the variance before the board and that the house without the addition does meet the current
setback requirements. She noted that the variance request would be for 40 percent of the
required setback, which is not a minimal encroachment. Ms. Garber -Miller also referenced other
homes in the neighborhood that have two car garages are a different architectural style. She said
that in relation to the soil or topography that this lot is flat and that it would be up to the
applicant to prove merit to their request for variance.
Public Comment
There were no public comments.
Board Comment
Mr. Shannon expressed his opinion that the garage encroaches too much into the setback and that
there are alternatives, which may be costlier, but up to the applicant to conform and make the
addition work on the property.
Mr. Correira also expressed his opinion that there are other options for the design.
Ms. Pruitt said that she was concerned that the house is currently conforming and the request
would render it non -conforming and the addition would be too close to the abutter.
Michael Reed, the applicant's contractor, spoke of the design in relation to the existing house,
which has one and one-half bathrooms. The existing rear bedroom would be turned into the new
master bathroom. He further noted alternative options that were discussed with the applicant and
the submitted design was the best option and most pleasing to the neighborhood.
Mr. Shannon inquired as to the design for the proposed addition in the rear which was approved
by the building inspector and asked if the new garage could be in that place. Mr. Reed noted that
the garage would be closer to the property line at that location and the driveway would also need
to relocated from the left to the right side of the house, which would be very costly.
Mr. Cummings did not have further comments.
Mr. List confirmed the location of the septic in relation to the house.
Mr. Shannon confirmed that there are no Town sewer connections on that road.
Mr. Reed stated that the neighbors support the project.
There were no further comments. Ms. Garber -Miller closed the hearing.
Motion: To approve the application for a Variance from Section 4.2A Side Yard Setback on the
property at 42 Old Farm Road per the plan presented by RIM Engineering Co. hic., dated March
7, 2022. (Cummings -Shannon)
ZBA Meeting Minutes —April 26, 2022 Page 2 of
Discussion
Ms. Pruitt expressed that she did not see the hardship required for a variance.
Mr. List said that he could see the potential of the septic as a hardship but that there are
alternative options for the design for the addition.
Ms. Garber -Miller said that the addition encroaches too much into the setback and with the
second story it would impact the neighboring property more.
Mr. Correira expressed that the Board has been consistent with denial of similar applications and
does not feel this should be different to set a precedence for future applications.
Zero (0) in favor, Five (5) opposed, Zero (0) abstained DENIED
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 (1-1) zone.
Amanda Chisholm, WS Development, Manager for Mansfield Crossing, was present for the
continued hearing. Ms. Chisholm presented the goals to drive leasing and economic growth,
special circumstances relating to the topography, and hardships with difficulty in leasing spaces
to maintain a thriving center and the proposed pylon sign would not be a substantial detriment to
the public good. There is an existing variance for the current sign at 35 feet, which is higher than
the 15 feet allowed. She explained that the current sign is no longer visible from the highway
due to the existing grown tree line. WS Development will be working with MassDOT to trim
trees within their jurisdiction and referenced the letter submitted by MassDOT in support of the
project.
Ms. Chisholm presented a plan depicting the location of the sign in relation to the buildings on
site. She also presented a visual sight plan for visibility from the highway for the current sign and
how the new sign would look. She specifically referenced the old Sports Authority space which
as been vacant for many years and since the building is not visible from the highway is a
constant issue with potential tenants if the pylon sign is not visible with tenant names.
Ms. Chisholm said that the sign vendor went to the site for sign orientation and determined that if
the orientation were changed, more trees would have to be trimmed for visibility and it would
make sense to leave it in the current location and same angle.
Ms. Chisholm noted having met with the Planning Board for discussion and that the Board
conducted a straw poll in which of the four members present three were supportive. She noted
that if the Variance is approved by the Zoning Board it would then be incorporated in the Special
Permit with approval by the Planning Board.
ZBA Meeting Minutes —April 26, 2022 Page 3 of 5
Ms. Chisholm explained that the pylon design was also reduced to a total height of 60 feet and
six inches. The width remains 32 feet and that only the tenant panels would be internally
illuminated.
Ms. Garber -Miller expressed that the purpose of the sign is not so much to let people know that
the mall is there, but to know what tenants are there. She inquired if an option to have a sign on
Route 495 has been considered. Ms. Chisholm noted that they could inquire as to MassDOT's
policy for highway signage but felt that it would not have the same impact as the tenant pylon
sign.
Ms. Garber -Miller expressed concern that it would be too much like a billboard. The proposed
design is considerably smaller than a billboard but larger than other local signs.
Public Comment
There were no public comments.
Ms. Pruitt noted that in review of the previous 2006 application, MassDOT said they would
allow the tree trimming and then denied it and she was concerned with that potentially happening
again.
There were no further Board comments. Ms. Garber -Miller closed the hearing.
Motion: To approve the application for a variance from Section 4.7A.2 Freestanding Signs on
the property at 280 School Street per the revised plans presented and dated April 11, 2022.
(Cummings -Pruitt)
Discussion
Mr. Shannon had no further comments.
Mr. List expressed that for visibility the proposed sign makes sense. The current sign is not
visible from Route 140 or from Route 495 and additional signage at the School Street entrance
would be worse.
Mr. Cummings noted that it is an unusual lot.
Ms. Garber -Miller expressed that she is not generally in favor or large signs, but in this case,
there has been a sign in existence and she did not know it was there due to lack of visibility.
Four (4) in favor, One (1) opposed, Zero (0) abstained PASSES
ZBA Meeting Minutes —April 26, 2022 Page 4 of 5
Minutes March 15, 2022
Motion: To accept the minutes as presented with correction by Mr. List (List -Shannon)
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
Next Zoning Board of Appeals Meetings: May 31, 2022 at 7:30 p.m.
Motion: To adjourn at 8:21p.m. (Cummings -Pruitt)
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
§igQIWe tf C erk
ZBA Meeting Minutes —April 26, 2022 Page 5 of 5