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Home My WebLink AboutZBA 11/21/2023Meeting Mh November 21 Meeting Held in Person in Me, Virtually Using GoToWe Present: Darlene Pruitt, Chair; Matthew Cummings, Michael Reed, Associate Sarah Raposa, Director of Planning and Developrnen Priscilla McGill, Administrative Secretary Absent: Eric Correira and Edward Valanzola, Assoc Town,, H�of Mansfield _70* ff6ofAppeals TO':- rJ' CI ER KS OFFICE lutes 2023 DEC 20 A c� 40 2023 ' r likN.SFIELD s,ihACHUSETTS ling Roo": 3A/B nrrl binar Platform Clerk; Matthew List; Ryan; Maxwell; and iate Darlene Pruitt, Chair read public notice into the record. Ms. Pruitt appointed Mr. Reed as a voting member for all matters at the meeting. MHOMI Regarding the application of Elizabeth and Michael Carr (applicant/owners) seeking a Variance (pursuant to MGL Ch 40 § 10 and Zoning Bylaw §230-7.2B(3)) or a Finding (pursuant to MGL Ch 40 §6 and Zoning Bylaw §230-7.2B(4)) for relief from Zoning Bylaw Schedule 230-4 2A for the construction of a 16'x16' deck with a proposed front yard setback of 10.1 feet where 30 feet is required at 38 West Church Street; Assessor's Map/Parcel 021/141 in the Residential 3,(R3) zone. Elizabeth and Michael Carr were present. Mr. Carr explained that they are seeking relief to build a 16' x 16' deck to enable them to enjoy outdoor space. He expressed that the deck setbacks are similar to abutting property owners and that the house lot is pre-existing and non -conforming. He noted that the proposed deck will be a few inches further away from the street than the house, Mr. Carr expressed his opinion that the deck would have minimal impact to the neighborhood. Mr. Maxwell inquired as to which side of the deck the stairs were to be built. Mr. Carr said that the stairs would be facing the rear of the lot. Mr. List noted that the house predates zoning. ZBA Meeting Minutes 11/21/23 Page 1 of 4 t Mr. Carr said that the property is fenced and the proposed deck visibility from the street would be limited, He further explained that currently the only access to the rear property is from the front of the house. Public Comments There were no public cornments. Board Continents Ms. Pruitt expressed that the determination would be a finding as the lot is pre-existing non- conforming. Motion: I move that the ZBA finds that the proposed construction of a16'x16' deck with a proposed front yard setback of 10.1 feet where 30 feet is required is not substantially more detrimental to the neighborhood than the existing nonconforming residential stricture and that such alteration as presented does not create a new noncompliance with any other requirement of the Town of Mansfield Zoning Bylaw (Cuumungs/List) Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES Regarding the application of Sunshine Sign Co., Inc. seeking a Variance [pursuant to MGL Ch 40 § 10 and Zoning Bylaw §230-7.2B(3)] for relief from Zoning Bylaw Schedule 230-4.7.A(2) to install a freestanding sign exceed ng16 sf per side at 131 Copeland Drive; Harbor One Credit Union (owner); Assessor's Map/Parcel 020/181 in the Business 4 (134) zone. The proposed sign is 30.35 sf. Mr. Marciello of Sunshine Sign, representing Harbor One Batik, was present remotely. He said that Harbor One Bank is seeking to install a new monument sign. He explained that the sign would address a safety concern. There is one entrance from Copeland Drive and a second entrance from a side road, which is a one-way street. He noted that there had been issues with cars passing the main entrance and turning into the one-way, going the wrong way, to return to enter into the batik. Therefore, they want to relocate the monument sign closer to the main entrance to help reduce confusion. He said that with the new Chase Bank, there is added confitsion for the entrance location and potential lost customers. Ms. Pruitt asked if the proposed new sign and location is the only option that has been considered. Mr. Marciello replied that they felt it would be the best location to Help with the street entry; confusion. He also mentioned that the variance is because the sign would be larger than allowed, but still smaller than the existing sign. Mr. Cummings asked how old the existing sign is and it predates zoning. It was estimated to have been built in 2009. Mr. List asked why they would not just move the existing sign. Mr. Marciello said that they are seeking to be current with the bank branding, promote more 1 ZBA Meeting Minutes 11/21/23 Page 2 of 4 t z business, and construct a smaller square foot sign and the pylon would also be about five feet shorter. Mr. List noted that the Board is required by State law to tie the variance request into something relating to the soil, lot shape, or topography. The lot is flat, square/rectangle, and asked Mr. Marciello to tie it to the statutory factors. Mr. Marciello replied that the new sign is for visibility to make sure that it is clear for bank entry. The smaller footprint would create better visibility. Mr. List asked how far the new sign setback would be from the street. Mr. Marciello replied that it would be ten feet per the requirements. Ms. Raposa asked the applicants if they had previously applied for a sign permit and denied by the Building Commissioner. Mr.Marciello confirmed that the permit was denied due to the square footage of the proposed sign. Mr. Maxwell said that he located an approved variance for the existing sign on the Registry of Deeds, which was granted in 2010, Ms. Raposa was not aware of the existing variance and recommended treating the proposed sign as a modification to the existing variance. Mr. Maxwell noted that the property is in the new B4 district and the Bylaw sign` regulations do not cover this district, which is more likely an oversight. Ms. Raposa agreed that it is more likely an oversight and proposed the variance modification. Mr. Maxwell agreed and would like to see the size reduced. Mr. List said he would like to review the existing variance. Ms. Raposa ask if the Board would like to continue to December in order to gather additional information on the variance and B4 district documentation for Board review. The Board agreed. David Tidwell, VP Harbor One Bank, was present remotely. He reiterated the issue relating to the entry confusion and traffic concern with cars traveling down the one-way street the wrong way. Ms. Raposa asked if it would be a burden to continue to December in order for the Board to gather information to support their request. Mr. Tidwell noted that they hoped to get the sign foundation poured before winter, but waiting would be in their best interest. Motion: To continue the hearing to December 19, 2023 at 7:30 pm (Cummings/List) Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES Regarding the application of Amy and Michael Feck (applicant/owners) seeking approval for a repetitive petition for a variance pursuant to MGL Ch 40A Section 10 and Mansfield Zoning Bylaws Section 230-7.2B(3) at 668 Elm Street based on specific and material changes made from the conditions upon which the previous unfavorable action dated 6/30/23 was made. This ZBA Meeting Minutes 11/21/23 Page 3 of 4 i new request consists of increased' frontage on the proposed lot, side yard relief for the existing house, and the presence of resource area buffer zones at the property. The project site is shown on Assessor's Map 15, Lot 3 within the Residential R-1 zone. The applicant requested a continuance to December 19, 2023.' Motion: I move to continue the public hearing for 668 Elm Street to December 19, 2023 at 7:30 pm (Cummings/List) Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSESr Motion: To approve the minutes of October 17, 2023 (List/Maxwell) Four (4) In favor, Zero (0) opposed One (1) abstained PASSES Motion: To adjourn at 7:59 pin (Cummings/Maxwell) Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES The next Zoning Board of Appeals Meeting will be December 19, 2023 at 7:30 p.m. Matthew Cummings, Clerk Date of Appr val Documents Submitted for the Meetine 38 W. Church St. application, received 10/4/23 38 W. Church St. Plot Plan by Charette Land Surveying, dated 9/19/23 ` 131 Copeland Dr. application, received 10/13/23 668 Elm St. application, received'10/24/23' 668 Elm St. plan set (3'sheets) by RIM Engineering dated 10/12/23 668 Elm St. Request for Continuance, dated 11/9/23 ZBA Meeting Minutes 11/21/23 Page 4 of 4 3 1