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Home My WebLink AboutZBA 12/19/2023N°'>> Town of Mansfield Y V Zoning Board ofAppeals NSAO\..4'. RECEIVED Meeting MilATA CLERKS OFFICE December 19,WC EB 21 p I. 52 Meeting Held in Person in Meeting ftWh` iVfi"id Virtually Using GoToWebiA'ie k;j; o%iiri S E T T S Present: Darlene Pruitt, Chair; Matthew Cummings, Clerk; Ryan Maxwell; Eric Correira; Edward Valanzola, Associate and Michael Reed, Associate Sarah Raposa, Director of Planning and Development Priscilla McGill, Administrative Secretary Absent: Matthew List Darlene Pruitt, Chair read public notice into the record. 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 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. Ms. Pruitt appointed Mr. Valenzuela as a voting member on this matter. Ms. Raposa explained the repetitive petition process. The applicant reapplied to the Zoning Board of Appeals (ZBA) with changes to the original petition. Part of that application process required a review by the Planning Board for their consent to return to the ZBA. The Planning Board did not provide consent for the new ZBA hearing. Ms. Raposa said that since the ZBA hearing had been advertised, the recommendation was to dismiss the application. Mr. Maxwell asked if he could discuss aspects of the project. Ms, Raposa recommended that since the application would be dismissed, the conversation should be held offline. She added that the Planning Board vote was four in favor and three opposed for application resubmission to the ZBA. ZBA Meeting Minutes 12/19/23 Page 1 of 4 Motion: I move to dismiss the application for 668 Elm Street as the Planning Board did not consent to reapplication to the Zoning Board of Appeals pursuant to MGL Ch. 40A Section 16. Mr. Valenzuela recommended to amend the motion as dismissal "without prejudice" to allow the applicant the opportunity to return sooner rather than wait two years. I amend the motion to dismiss the application, without prejudice, for 668 Elm Street as the Planning Board did not consent to reapplication to the Zoning Board of Appeals pursuant to MGL Ch. 40A Section 16. (Cummings/Valanzola) Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES y 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 exceeding16 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. Ms. Raposa confirmed that Mr. Correira, having missed the first meeting, submitted a Mullen. Tony Marciello of Sunshine Sign, representing Harbor One Credit Union, was present. Mr. Marciello said that at the previous meeting, it was discovered that there was a preexisting variance for the original existing on -site sign. The existing sign exceeds the allotted square footage per the bylaw. The new sign will be smaller, and conform to the bylaw. The new sign is designed for brand identity with consistency with the other branches. The new sign would not cause detriment to the public good. The desired relief may be granted without any significant harm to the public welfare and good. Changes in land or topography, relating to the new abutting Chase Bank, there were slight changes to the land and landscaping. Therefore, moving the new sign would identify Harbor One's entrance. Ms. Raposa noted that a 2014 bylaw created the Business 4 zoning district. The B4 district was not incorporated in the sign bylaw. There were no Board comments. Motion: I move that the ZBA approve a modification of the 2010 variance for 131 Copeland Drive for the installation of a freestanding sign exceeding 16 sf per side but slightly smaller than the current freestanding sign in a new location as shown on the plans submitted with the application (Cummings/Maxwell) Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES ZBA Meeting Minutes 12/19/23 Page 2 of 4 The application of Vertical Bridge Development, LLC ("vertical"; assignee of Bay communication III, LLC), and T-Mobile Northeast LLC seeking a six-month extension of Variances Granted by the Zoning Board of Appeals (ZBA) at their December 20, 2022 meeting and for which a decision was filed with the Mansfield Town Clerk on January 25, 2023, for the construction of a monopole -style tower at 300 Branch Street; Assessor's Map/Parcel 032/009. Attorney Michael Dolan was present remotely representing the applicant/owner. He provided a summary of the previous variance approval. He said that his client is requesting a six-month extension to continue work with Mass DEP. The applicant will also go before the Conservation Commission and then back to the Planning Board for final sign -off of the Variance. There were no board comments. Ms. Raposa confirmed with Attorney Dolan that an approval letter would be written with confirmation of the six-month extension date, Motion: I move that the ZBA approve the application for a six-month variance extension for the construction of a monopole -style tower at 300 Branch Street; Assessor's Map/Parcel 032/009. (Cummings/List) Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES Motion: To approve the minutes of November 21, 2023 (Cummings/Maxwell) Five (5) In favor, Zero (0) opposed, Zero (0) abstained PASSES Motion: To adjourn at 7:50 pm (Cummings/Correira) Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES The next Zoning Board ofAppeals Meeting will be on January 16, 2024, at 7:30 p.m. Matthew Cummings, Clerk 2- J-),() a y Date of App •oval ZBA Meeting Minutes 12/19/23 Page 3 of 4 Documents Submitted for the Meeting 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 11/9/23 300 Branch St. Brown Rudnick letter requesting a six-month variance extension variance dated 11/17/23 Meeting Minutes DRAFT of November 21, 2023 Sarah Raposa, Director of Planning and Development memo dated 12/14/23 ZBA Meeting Minutes 12/19/23 Page 4 of 4