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HomeMy WebLinkAboutminofzba09152009 TOWN OF MANSFIELD ZONING BOARD OF APPEALS MINUTES SEPTEMBER 15. 2009 The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:30 P.M. Present at the hearing were the following members: Jack Vultaggio, Chairman; Elisabeth Garber-Miller, Clerk; Dave Rapoza; Peter DeTrolio; Jeff Garr; and Philip Shannon, Associate Member. The application of Jim Glaropoulos for a Variance from Section 4.2.1 of the Zoning By- Law for the removal of the existing house and the reconstruction of a single family house with less than the required side yard setback on a pre-existing, non-conforming lot at 15 Franklin Street in the R-l began at 7:40 p.m. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Proposed House Location Plan for Hse No. 15 Franklin Street in Mansfield, MA dated August 12,2009 and revised on August 13,2009 and prepared by RIM Engineering Co., Inc., 150 North Main Street, Mansfield, MA 02048 was labeled as Exhibit "C". There was no letter from the Planning Board. Mr. Glaropoulos passed out new plans that showed the distances from the existing house to the property lines that were not on the original plans; and a picture of the existing house. He explained that the existing house was build around 1930. The house is not marketable as is because the cesspool will not pass Title V. The soil conditions in the back yard did not provide a good perk and as a result the new house needs to be pushed back to provide for a new septic system in the front yard. The house is on a narrow 50' wide lot. Since the house was built prior to 1975 this may fall under the by-law which only requires a side yard of 15 feet. If this is, than the request is for a four (4) foot variance from Section 4.1.6 side yard requirement. They would like to remove the existing house and build a new one with the septic in the front. The existing house is now 20 feet wide and the proposed house will be 24 feet wide but with the overhead 26 feet wide. Mr. Glaropoulos further stated that the new house will be a big improvement to the neighborhood. They are proposing a two story home with three bedrooms. The house will be kept in the family and they plan to rent out the new house. An abutter, Stephen Spink, was concerned with the water table, drainage issue and the proposed grading that will be done. There is a lot of water and in the street a pond builds up and he does not want any more water building up in that area. ..... ;) . ....... r- ,vi:. -',. \ \ ") -.j" lot J MINUTES OF SEPTEMBER 15,2009 Paee 2 of 6 Mr. Vultaggio stated that the Board looks at whether or not this is better than what is there now. Does this meet the goals of the board and it is a variance or should it be a finding. Also, is it an improvement on the current property. Only the side yards are not conforming and the water and perk issues are not part of our decision. The Board looks at the footprint and the proposed house not with the grading issue. The hearing was closed at 8:00 p.m. The application of Sign Design, Inc., for a Variance from Section 4.7.1.2 of the Zoning By-Law for the construction of a new pylon sign with more than the required sign area and sign height; and less than the required minimum setback at 131 Copeland Drive in the B-3 Zone began at 7:45 p.m. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; a Proposed Sign Plan of 131 Copeland Drive Mansfield, Massachusetts prepared for Sign Design, Inc., dated 8/17/09 and prepared by J.K. Holmgren Engineering Inc., Registered Professional Engineers and Land Surveyors 942 West Chestnut Street, Brockton, MA 02301, was labeled as Exhibit "C"; and a New Pylon Sign Design for HarborOne Credit Union dated 7/17/09, Project No. 51723 and prepared by Sign Design, 170 Liberty Street, Brockton, MA 02301, was labeled as Exhibit "D". There was no letter from the Planning Board. Mr. Scott Farino for HarborOne introduced himself to the Board. He explained that they want to put up a new pylon sign in order to maintain their branding. They feel there will be no detriment to the public good. They meet all requires for the pylon sign except for one which is the height. The Board explained to the applicant that if you drop the sign down 2 Y2 feet you don't need to come before the Board. The Board further explained that the sign footage includes the whole sign from the peak to the pylons, not just the square sign at the top. And the applicant is looking at approximately 144 square feet which includes both sides. Mr. DeTrolio asked the applicant if he would come back with a new plan that shows the new location, the width and all the proposed square footage on the plan. The applicant requested a continuation in writing for October 6th or until they can get all the information requested by the Board. The hearing was continued at 8:25 p.m. MINUTES OF SEPTEMBER 15, 2009 Paee 3 of 6 The application of Christian & Feck Development, Paula Maus, Executor of the Estate of Virginia M. Hewitt, for a Variance and/or Finding from Sections 4.2.1 and 1.5.l7a of the Zoning By-Law for the removal of the existing house and the reconstruction of a single family house on the existing lot with less than the required lot width, lot frontage; lot area; front yard setback; and rear yard setback at 400 Franklin Street in the R-l began at 8:30 p.m. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Plan of Land in Mansfield, MA dated July 13, 2009 and prepared by RIM Engineering Co., Inc., 150 North Main Street, Mansfield, MA, was labeled as Exhibit "C". Ms. Garber-Miller read a letter from the Planning Board dated August 13, 2009 into the record: "With six (6) members present, the Board voted four (4) in favor with two (2) opposed to send a positive recommendation on this application because the hardship caused by the long, narrow lot configuration. If you have any questions please contact the Planning Department, H. Thomas French, Jr." Mr. Feck introduced himself and explained that the existing house at 400 Franklin Street is in very bad condition and they would like to remove that house and construct a new on the lot, but in a new location. The proposed house will be set back approximately 74 feet from Franklin Street and needs variances for lot width, frontage, area, front and rear yard setbacks. The proposed house will be an asset to the area and bring value to the neighborhood. The hearing closed at 8:45 p.m. A Motion was made by Mr. Mackie and seconded by Mr. DeTrolio to approve the application for Christian and Feck for the removal of the existing house and the construction of a single family house. Unanimously approved 5-0. (Vultaggio, Garber- Miller, DeTrolio; Mackie, Rapoza). A Motion was made by Mr. Rapoza and seconded by Ms. Garber-Miller to approve the application of Jim Glaropoulos for the removal of the existing house and the reconstruction of a single family house. Granted 4-1. Grant - (Vultaggio, Garber-Miller, Mackie, Rapoza) - Denied - (DeTrolio). Reason: The house is so close to the Road now and this will be an improvement to what is there now. Also, the drainage is not adding to this problem. MINUTES OF SEPTEMBER 15, 2009 Paee 4 of 6 Mr. Jay Zola of BayBrook Village spoke to the Board. We have tried talking to the Housing Commission and we need to talk to them. The Board requested that the secretary, Karen Lawlor put a letter together and ask to meet with them by coming to a Zoning Board meeting. Also, please send a cc: to Nick Riccio, Acting Town Manager. The continuation of Andrew Viens of One Helena Circle was opened at 9: 15 p.m. There was a problem with the plans and the Board requested them to have new plans drawn. The applicant explained that their deck was sinking. They hired a contractor to replace the deck. The old deck was taken down and a new one was installed and then they were informed by the contractor that a variance was required for the rear yard setback. The applicant submitted new plans to the Board which showed the stairs. These plans were a Proposed Deck Addition at Hse. No.1 Helena Circle in Mansfield, MA 02048 dated May 20, 2009 and revised on August 4, 2009 and prepared by RIM Engineering Co., 150 North Main Street, Mansfield, MA 02048 and labeled as Exhibit "D. Karen should get a copy ofthe Building Permit for Viens. The hearing closed at 9:20 p.m. A motion was made by Ms. Garber-Miller and seconded by Mr. Shannon to approve the variance to Mr. and Mrs. Viens under Section 4.2.1. for the rear yard setback on the deck. Reason: the weird shape of the lot. Mr. Rapoza was concerned with the process the applicant took and not obtaining a building permit in the first place. Unanimously granted. All in favor: (Vultaggio, Garber-Miller, DeTrolio, Rapoza, Shannon). MARINER TOWER, II, was continued at 9:30 p.m. Mr. Chris Ciolfi, the Chief Development Office for Mariner Tower explained that they hired a Radio Frequency Engineer and they went before Planning Department. They also submitted an airport report is the setback from the airport from the FAA from two miles. It degrades the signal if they go to the Soccer Fields and there is overlap from the target area. And they have learned that mixing cell towers and kids don't match. It just opens up a can of worms when you put this in the area of kids. They have analyzed all the sites in this area. Mr. Ciolfi further stated that he is representing Mariner Tower not Omni Communications and he has been doing this for 17 years and he keeps his word. Mr. Rapoza stated that Mr. Ciolfi has been very sincere and has done a great job. ..,.. MINUTES OF SEPTEMBER 15, 2009 Paee 5 of 6 Garber-Miller had a few questions regarding coverage. She stated that the white area is the existing coverage without the proposed coverage; the pink is also existing coverage; and what would be the standard drop call statistics in this area. They have talked about coverage needs and all of that is in the consultants report, and based on his studies there is a significant drop in calls. The Board discussed whether to review this more and continue for more information or do we have enough information and take a vote. The Board feels that the applicant has tried to do what they were asked and it meets the intent. They need 500 feet from the abutter and they are 301 feet. The applicant further stated that they know the Board would rather have it on town property but we have done everything we can. Hearing closed at 9:35 p.m. A motion was made by Ms. Garber-Miller and seconded by Mr. Shannon to grant the application of Mariner Tower to approve a Variance from Section 3.6.7.4.8 for the construction of a monopole tower with less than the required 500 feet from the nearest residential structure at 615 School Street. Unanimously granted (Vultaggio, Garber- Miller, DeTrolio, Rapoza, Shannon). Reason: Even though it is not on town property, this is the best location; and there was no willingness of the town to work with the applicant. Mr. Rapoza stated that he felt a letter should be composed that any cell tower applications should be directed to the town first before the come to the Zoning Board. Also, accountability and integrity should be brought to the board. Mr. Rapoza further stated that all Board members should give the applicant a reason why they vote a certain way. There needs to be consistency of how each one is done. Nice suggestion that if you vote in the negative you should give the applicant a reason. Mr. Vultaggio responded that the bottom line is that if an applicant does not like a decision, they can appeal. The meeting was adjourned at 10:00 p.m. Respectfully submitted, t!sf4~~~ Clerk .....