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HomeMy WebLinkAboutZBA 03/19/2024Qa4°%Nor Town of Mansfield / 9 - Zoning Board ofAppegdr NSA o,RECEIVED TOWN CLERKS OFFICE Meeting Minutes20 MAY - I A 11: 5b March 19, 2024 'FIELD Meeting Held in Pei -son in Meeting Rodin 3AM, 40t- T T S Virtually Using GoToWehinar Platform Present: Darlene Pruitt, Chair; Eric Correira; Ryan Maxwell; Matt List; Edward Valanzola, Associate Sarah Raposa, Director of Planning and Development Priscilla McGill, Administrative Secretary Paula Perry, Administrative Assistant Absent: Matthew Cummings, Clerk Ms. Pruitt appoi: Mr. Jodice and Mr. Black were present and Mr asked for minimal side yard setback encroachn oddly shaped and requested that the board revil side yard of 25 feet. The neighborhood was or was built before 1975. Half of the homes on o half are in the old Residential A zone. Mr. Jod the agricultural provision in the bylaw. Mr. Jo neighborhood except in a positive way. There < Residential A zoning which was carved out of Mr. List pointed out the old 1967 zoning bordc Mr. Jodice reiterated that some homes in the ne Residential A. zone. is application. for the meeting. ice stated that the addition would not impact the •e only three places in town that had old re agricultural zone. and noted that the line is unusual. ghborhood are agricultural, and some old zone ZBA Meeting Minutes 3/19/24 Page 1 of 5 Mr. Correira asked if the 7' 8" mudrooin could be moved in order to eliminate encroachment. Mr•. Jodice said the house was already non -conforming, and doing that would require a different variance or a finding. Mr. Valanzola asked if you could angle the home differently to pull it forward and tilt the garage as it would eliminate the encroachment. Mr. Jodice said that would have messed with the roof lines. Mr. Jodice said the septic system is in the back, and the addition will require that the tank be moved, per Amy in the Health Dept. Addition will be partially on posts. Mr. Valanzola thanked Mr. Jodice for such detailed plans. Mr. Jodice said the chimney/fireplace are existing so that limits the available space as well. Ms. Pruitt said it appears as though he looked at every angle. Ms. Pruitt asked what specifically is the hardship that would warrant a variance. Mr. Jodice said that the lot was an oddly shaped pie lot. Mr. Valanzola made a motion to grant the variance because the lot shape is a hardship. The addition won't derogate from the intent of the bylaws. The encroachment is "de minimis". He noted that the garage was made smaller to minimize the encroachment. Mr. List agreed and seconded the motion to grant. Motion: To grant the Variance based on the findings as discussed. By Ed Valanzola Seconded by Matt List Vote: (Aye) _5_(Nay) (Abstain) PASSED Regarding the application of Spring Street Mill, LLC seeldng a Finding (pursuant to MGL Ch 40 § 6 and Zoning Bylaw §230-7.2B (4)) for the expansion of a pre-existing, non- conforming use, i.e. a 55 and older apartment building in the R3 zone (adding 12 units) and a Variance (pursuant to MGL Ch 40 § 10 and Zoning Bylaw §230-3.3.10) for the relief from the parking space requirement of 2 spaces per unit to 1.5 spaces per unit). Assessor's Map/Parcel 028/071(68 Spring St) and 028-149 (Union St Ext) and 028/166 (Spring St Rear) in the R2 & R3 zones. Mr. Valanzola recused himself as he represented applicant when he first permitted the property 14 years ago and Mr. Valanzola left the meeting. Ms. Pruitt pointed out that this left only 4 voting members, and all would need to vote yes to approve a variance. Mr. Lazzara agreed to proceed. Mr. Lazzara introduced himself. He lives at 68 Spring Street. He turned factory into 55+ housing 12 years ago, and it has been fully occupied since, with a waiting list. He reported that there are no traffic issues, no taxing of town services. He wants to add 12 units, and thinks the property can handle the additional units without encroaching on abutters. He pointed out the need for 55+ housing. His average rent is $1200/mo., compared to the average $1600/mo. for ZBA Meeting Minutes 3/19/2024 Page 2 of 5 other units in town. 55+ need less expensive housing as their median income is $55K/year. 12 units won't tax the town any further. Mr. Lazzara also wants to change the parking requirement from 2 spaces/unit to,1.5/unit. Most units only have 1 car. He doesn't believe more spaces are necessary, and he wouldn't want to encroach on his abutters in the back wooded area, or on the Rumford River by building more spaces. Currently, there are 56 spaces for 22 units. -If he goes to 34 units, he will need 12 more spaces. Current limit of 2 spaces per unit. Some folks have only one vehicle, and some have none. Mr. Lazzara said that even on the holidays, there is no stress on the parking area and never any conflict over parking; spaces. There are designated "visitor" 5 spots will be lost due to the new construction but will be recreated in other places. Ms. Raposa clarified that the application requests a finding to, expand a previously approved expansion of a non -conforming use for the construction of a standalone 12 unit 55+ apt building and a variance to reduce the parking requirement from 2 to 1.5 per the off-street parking schedule. She made other notes that the multi -dwelling and senior citizen parking requirements differ. For senior citizen housing, the requirement is only 1 space. For multi -family it is two spaces. There might be a determination that a variance is not needed as it meets or exceeds the senior citizen housing requirement. Ms. Pruitt asked if this was considered senior citizen housing. Mr. List said the definition was not clear, so perhaps they should do it as a variance. In 2010, there was a finding. Mr. Maxwell said he would opt for a variance due to riverfront issue. Mr. Correira asked where narkine would'ao if he did out it in. Mr. Lazzara said it would no in unnecessary, so Ire wouldn't want to disrupt the green space if not necessary,He also stated that people never park on the street as there is ample parking. Ms. Pruitt asked if anyone under 55 lived there. Mr. Lazzara said no, and visitors can only stay for 2 weeks. Mr. Maxwell requested an updated zoning summary/plot plan with the setbacks and parking spaces detailed and numbered. Ms. Pruitt opened the meeting up to the public. Ms. Alexis Baumunk of 73 Spring St approached the podium. She had a petition signed by 26 residents of the Mill opposing the expansion of the Spring St Mill. She addressed the traffic, on the plan. She said she not safe. She is directly,E Christmas, as well as noii .7 rcement working on improving the street. Ms. Baumunk submitted the petition for• the record. Mr. Gilbert Lahlum of 189 Union Street approached the podium. His property abuts the rear of the Mill. He said that Mr. Lazzara has been true to his word with regard to his original plan. He has committed 20 acres around the Rumford River to conservation. He can see the Mill from his window and confirms that the current Mill parking lot is empty most of the time. No more spaces are necessary. He agrees with Ms. Baumunk that the Spring Street traffic and lack of sidewalks are a concern and he would sigh a petition to improve Spring street. But this is about parking, and he doesn't think there is a parking issue. :r neighbors have young c from the Mill and noted t ZBA Meeting Minutes 3/19/2024 Page 3 of 5 Mr. Correira suggested leaving the application open so that they could review the petition and the updated plans which will be submitted by the applicant. Mr. List suggested to Mr. Lazzara that a good compromise might be to extend the curbed sidewalk in front of the property. Mr. Lazzara said that he hadn't done that as the town told him they would be digging up the street to work on the water main on Spring Street. Ms. Baumunk said she hadn't heard anything about this work. Ms. Raposa said that the board would follow up with DPW and report back. Ms. Raposa proposed that the April 16 meeting be moved to April 30. The board agreed, so meeting was rescheduled. Mr. Lazzara asked if the votes would be as two different articles or as one. The board said that one is a finding and one is a variance, so they will vote at the same time but on two separate issues. Mr. Lazzara agreed to providing an engineered site plan with setbacks, square footage, and numbered parking spots. Motion: To continue this application to April 30, 2024. By _Ryan Maxwell Seconded by Eric Correira Vote: _4_ (Aye) _0 (Nay) _0 (Abstain) Motion: To adjourn at 8:35 By Matt List Seconded by Ryan Maxwell Vote: (Aye) __A(Nay) (Abstain) PASSED ZBA Meeting Minutes 3/19/2024 Page 4 of 5 The iaezl Zoitiiag Board of Appeals Meeting ivill be April 3Q, 2024, al 7:30 p.m. Eric Correira, Acting Clerk Date of Approval Documents Submitted for the Mectin 68 Spring Street Application — Rcvd 1/22/24 6 Old Farm Road Application — Rcvd 2/20/24 Applicant Continuance Request to 2-19-24 dated 2/14/24 Meeting Minutes DRAFT of February 20, 2024 Sarah Raposa, Director of Planning and Development memo dated 2/12/2024 ZBA Meeting Minutes 3/19/2024 Page 5 of 5