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HomeMy WebLinkAbout ZBA 04/30/2024Zonan P?e of Appeals gA'rFdASAO\S\Q 1 `-I'(Lr{ ILE Meeting Minutes I',14' i j `) ? A, : 13 April 30, 2024 Meeting Held in Person in Meeting Room 3A/B irnd ( '3 Virtually Using Go ToWebinar Platform Present: Darlene Pruitt, Chair; Matthew Cummings, Clerk; Eric Correira; Ryan Maxwell; Matt List; Edward Valanzola, Associate Sarah Raposa, Director of Planning and Development Priscilla McGill, Administrative Secretary Paula Perry, Administrative Assistant Darlene Pruitt, Chair, read the public notice into the record. Regarding the application of Spring Street Mill, LLC seeking 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 the applicant in previous transactions. Mr. Lazzara was in attendance and recapped the last meeting seeking a Finding for parking to make it unnecessary to add spaces and override the parking requirement and a Variance to build a new building with 12 units. There will be 56 parking spaces for an eventual 34 units. Mr. Lazzara provided an updated site plan for the board as requested. He synopsized the executive meeting with Town Department Heads that occurred on 4/3/24. Police had no issue with the plans: they said there were no complaints from residents. The town engineer addressed the sidewalk and that Spring St is #12 on the town list for updating with no immediate plans for a sidewalk. The water department had no issues. The Fire Department said he would need a new hydrant off the street on the West side. Mr. Lazzara also noted that no conditions can be placed on a Finding, only on a Variance. The estimated tax assessment would be over $1 million. The new building will generate $15-20K in tax revenue, and use minimal town services. Mr. Lazzara showed an aerial photo of the location of the new building noting that no wetlands or riverfront will be impacted. There are plenty of parking spaces, so no need to add more. Ms. Pruitt asked how many tenants were on site. Mr. Lazzara said there are currently 28 tenants in 22 units. ZBA Meeting Minutes 4/30/24 Page 1 of 9 Mr. List said there would need to be a hardship to not conform to parking regulations. Mr. Lazzara said that it is environmental. Mr. List asked if he did not get the Variance, would there be space to add parking? Mr. Lazzara said that he would have space, but that it would encroach on his neighbors and impact the wooded areas. Mr. Lazzara pointed out that he would lose 3 spaces with the new building, but will pick up 3 or 4 more spaces elsewhere. Ms. Pruitt asked how close he would come to abutters if he had to add parking in the back. Mr. Lazzara was unsure, but to add 12 spaces he would have to go 60 ft back and said that the town engineer would have to weigh in. Mr. List asked if, in 2010, the decision was a Special Permit and not a Finding. Mr. Lazzara thought it was a Special Permit to change a preexisting nonconforming use. It had the same footprint and building as the factory. Public speakers: Patricia Comperchio, 77 Benefit Sheet Her property abuts the wooded area around 68 Spring Street. Water pools every winter in that area, and she wants to see how the drainage of the new building will impact her property. The water drainage changed when the building went up. Mr. Lazzara said that he doesn't believe it will be the new building will impact the existing standing water, but the project would have to go through Conservation and the Town Engineer would review it to ensure that it would not. Ms. Raposa said the map shows an existing waterway, so it must go to Conservation. Neil Boldrighini, 560 East Street Mr. Bodrighini has known Mr. Lazzara for many years. He vouched for his character and honesty. He said that his mother-in-law lives at 68 Spring Street. Mr. Lazzara took an abandoned mill and made it a vibrant housing conummity. He said the parking lot is never full, and there is no traffic. He also said that Mr. Lazzara lives on the property and manages it well. William Hanlon, 68 Spring Street He is an 88-yr. old veteran, and a resident of 68 Spring Street. Mr. Lazzara has treated him well, and he backs him 100%. He also sees a need for sidewalks on Spring Street. Victoria Fagan, 73 Spring Street Ms. Fagan lives across the street from 68 Spring Street. She asked Mr. Lazzara to show an aerial view of the new building proposal. She said that the photo marked with the building outline is inaccurate and that the building footprint would be much larger than shown. Ms. Fagan stated that the sidewalks on Spring Street are not continuous, so riding bikes for her children is unsafe. She believes that additional units and the construction will cause even more traffic. Speeding is already an issue on Spring Street. She believes the new building will impact the green space next to the complex. She stated that retirement age is increasing, so tenants will need parking for vehicles to go to work. Therefore, 1 %2 spaces per unit will not be enough. Joe Shea, 68 Spring Street ZBA Meeting Minutes 4/30/2024 Page 2 of 9 Mr. Shea is a resident of 68 Spring Street. He sees parents and children come into the almost empty lot to ride their bikes in a safe space often. He will not mind shifting his parking spots to accommodate the new building. Leeamre Cerretani, 55 S. Main Street Ms. Cerretani asked what is being sought tonight. Ms. Pruitt told her it was a request for a Finding and a Variance. She said that the town needs more affordable units for seniors in Mansfield. This new building will help with that. Mr. List said that he needs to find a hardship, and believes that the water issue is an applicable hardship. Adding spaces could make the water issue worse, so it makes no sense to add more spots. Mr. Maxwell agreed. The existing 56 spaces would exceed the 1 'h /unit requirement. Variance Motion: Motion to approve the request for Variance for 56 parking spaces for 34 units. By Matthew Cummings Seconded by Rvan Maxwell Vote: (Aye) 5 (Nay) (Abstain) PASSED Finding Motion: Motion to approve the existing nonconforming nature of the property articulated in the original 2010 approval and proposed construction of a standalone building comprised of 12 55+ one -bedroom rental units. By Matthew Cummings Seconded by Ryan Maxwell Vote: (Aye) 5 (Nay) (Abstain) PASSED Darlene Pruitt, Chair, read the public notice into the record: Public hearing regarding the application of Robert King and Gary Jordan seeking a Variance (pursuant to MGL Ch 40 § 10 and Zoning Bylaw §230-4.2A & 1.5) for a fi•ont yard setback for a farmer's porch at 14 Jason Lane, Assessor's Map/Parcel 033-078 in the Residential 1 (Rl) zone. Craig Cygawnoski- Rim Engineering was present along with applicants Robert King and Gary Jordan. Mr. Cygawnoski shared plans for a farmer's porch with front yard setback encroachment. He explained that the hardship here is the intrusion of the cut de sac into the lot. They are looking for 2 sf of relief. Most neighbors have front porches. The stairs are allowed under the zoning bylaw, but the 2 sf at the corner of the porch are not allowed. Mr. Valanzola asked what was behind their lot. Applicant said it is wetlands owned by the Flint Family, and Flint Farm on the other side. The applicant would like to build a porch and explained that they are too old to sit on their steps anymore. They promise to make it useful, safe, and attractive. They need a 7' width of porch to fit furniture and to walk safely. An additional hardship would be fall risks for themselves or visitors ZBA Meeting Minutes 4/30/2024 Page 3 of 9 Mr. List agreed that it is a very odd -shaped lot. All agreed that it is in keeping with the neighborhood. Motion:. To approve the application for a Variance for a front yard setback of 38.1 feet where 40 ft is required. By Matthew List Seconded by Ryan Maxwell Vote: 5 (Aye) (Nay) (Abstain) PASSED Darlene Pruitt, Chair, read the public notice into the record: Regarding the application of Fred J. Barrows and Robert H. Barrows, Jr. seeking a Variance (pursuant to MGL Ch 40 § 10 and Zoning Bylaw §230-7.3, 4.2A (lot size, lot width, and frontage requirements) for construction of a single-family residence off East Street owned by applicants. Assessor's Map/Parcel 25-62 & 63 in the Residential 2 (R2) zone. Attorney Michael Spillane was in attendance, along with Jay Barrows and his son Colby Barrows. Mr. Spillane spoke on behalf of the applicants. They are seeking a Variance for the construction of a one -family home off East Street, behind 440 East Street. There is a paper street (Church Street) that bifurcates the lot so they cannot use that land as part of lot size. They need a variance for a smaller lot size with access on East Street and request to reduce the frontage requirement. If paper streets were discontinued altogether, they wouldn't need to seek a variance. The current lot size is 19,191 sf. It is smaller than regulation, but there are other small lots in town like 440 East Street which has 20,122sf, 395 East St which has 21,900sf, and 458 East Street which has 18,500sf. Mr. Spillane, and the Barrows, believe this won't be detrimental to the public good and that the town needs more housing. Mr. Spillane provided a photo of a house on Spring Street and Davis St which will be the kind of home they propose to build. Mr. Barrows' son Colby will live there. Mr. Barrows reiterated that he will not clear-cut anything, and will respect the surrounding enviroimient. Mr. Valanzola asked if the lot size includes the East Street parcel. Mr. Spillane said that it does, but it excludes the paper street. Mr. Valanzola asked if they have the right to use the paper street if they abut it on both sides. Mr. Spillane said that they can use it, but it does not count as square footage in the calculation of the lot size. The applicants own to the center line of the paper street and the owners of 440 East St. own to the center of the paper street on their side. ZBA Meeting Minutes 4/30/2024 Page 4 of 9 Ms. Raposa clarified that the driveway would be off East Street and cross over the paper street, like the home next door. Mr. Valanzola asked if they could use the paper street to access the home. Mr. Spillane said that they have the right to develop it, but it would be costly and the neighbors would not approve of this action. They believe it will be a detriment to the neighborhood to do so. It was pointed out by Mr. Barrows that there is an existing curb cut on East Street, so no damage to East Street would result, The plan does not show the setback from the paper street. Mr. Spillane said if they used the paper street they would have the frontage satisfied. Mr. List asked if it was in the Residential 2 (R2) zone, and it was confirmed. Mr. Spillane said if they were able to include the paper street square footage (170 x 50) that would get them over 25, 000 sf. Mr. Spillane said that if the paper street did not exist at all (Barrows bought the land in 1988), they would only need a Variance for frontage, and would have built on it earlier. Ivh•. List asked if the lot was initially subdivided and Mr. Spillane said it was 2 lots with the paper street bifurcating it. Mr. Spillane said that the entirety of the parcel was initially all known as 440 East Street and owned by the Barrows. Mr. Maxwell asked when Church Street was laid out but no one could find a record of its inception. Mr. List recalls that 10 years ago there was a movement to eliminate all paper streets in Mansfield. Public Chris Kashgagian, 430 East Street — Abutter He has had prior issues with the paper street. The neighbors are not happy about the home going in. It will be an eyesore, and impact drainage. He is opposed to the variance because of the lack of frontage. He was told that the new home would not be on sewer but would use town water. Ryan Maloney, 440 East Street - Abutter His house is very close to lot C. He prefers the woods and would not like them taken down. Mr. Barrows assured him that they do not intend to clear-cut. Carey Maloney, 440 East Street — Abutter Ms. Maloney wants to see a rendering of the proposed home so she can gauge it's size and placement in the lot. Mr. Barrows said it would be a 3 bed/ 2 bath home. Brendan Reilly, 399 Pratt Sheet Mr. Reilly is opposed to the new home. He moved into his home in October 2023. He is very curious about trees, and how much will be cut. Mr. Barrows said they would cut 25 feet around the new home. Mr. Barrows said that everyone has to live through some construction, but they certainly don't want to cause problems. Mr. List said that if the paper street didn't exist, the lot would be 25,148sf. It would still be too small. ZBA Meeting Minutes 4/30/2024 Page 5 of 9 Mr. Spillane said the board could certainly put conditions on the approval if that would help. Ms. Pruitt asked if the board wanted to vote on a decision or vote to continue and gather more information. Mr. Spillane said they were happy to continue. Mr. Barrows invited the board to come and visit the lot. Mr. Valanzola asked that when they return they should bring a landscape plan that includes plans for buffering. Ms. Pruitt asked for a rendering of the actual home. Mr. Valanzola asked if they could provide a plan for the footprint and the approach to the home, including the environment. Mr. Barrows asked for a continuance request letter and signed it at the meeting. Motion: To continue the application to May 21, 2024 at 7:30 p.m. By Matthew List Seconded by _Ryan Maxwell Vote: 5 (Aye) (Nay) (Abstain) PASSED Darlene Pruitt, Chair, read the public notice into the record: Regarding the application of Paul Jodice for a Finding from Zoning Bylaw Section 230-7.4.2A for a proposed addition on a pre-existing nonconforming structure. The Property is owned by Faina Schwartz and located at 43 Lakeview Ave; Assessor's Map/Parcel 004/052 in the Residential 1 (Rl) Zone. Mr. Cygawnoski and Mr. Jodice were present. Mr. Jodice said they will use the existing house as an in-law residence, and the addition will be the main house. The addition is designed to not get any closer to Greenwood Lake (previously Bungay Lake), so he requests a finding rather than a variance. Mr. Cygawnoski said that they presented to the Conservation Commission on 4/29/30, and were approved. He submitted a new site plan based on requirements that were recommiended by Conservation. The main change to the existing plan was that the request went from 54 '/2 ft to 54.0 ft along the southerly line. Mr. List asked how old the existing home is, and was told it was built in 1950. Mr. Jodice said that everything will be gutted, the roof taken off, new windows installed and the existing garage (which is on the property line) will be removed. Mr. Jodice said they plan on water mediation, as directed by Conservation. Mr. Valanzola asked what exactly he was looking for a Finding on. Mr. Jodice said the finding will be that they will not build anything closer to the lake than it already is. Mr. Valanzola said they need 40 ft in the rear. The addition will be further away than the existing property. They ZBA Meeting Minutes 4/30/2024 Page 6 of 9 are centering the new home on the property and making it more appealing. It was noted that the existing building predates zoning in the town. Ms. Pruitt said that the plans look like an improvement. Motion: That the nonconforming condition per the plan at 43 Lakeview Ave is no more detrimental to the neighborhood than the current condition. By Matthew Cummings Seconded by Matthew List Vote: 5 (Aye) (Nay) (Abstain) PASSED Darlene Pruitt, Chair, read the public notice into the record: Regarding the application of Paul Jodice for a Finding from Zoning Bylaw Section 230-4.2A for the construction of an addition and front porch extending the nonconforming front yard setback of 20.1' where 30 ft is required. The Property is owned by James Parker and located at 10 Dane Street, Assessor's Map/Parcel 19/191 in the Residential 3 (R3) Zone. Mr. Jodice needs to contact Foxboro abutters before the hearing, so he requested a continuance to the May 21, 2024 ZBA meeting. Motion: To continue the public bearing to May 21, 2024 at 7:30 p.m. By Matthew Cummnings Seconded by Matthew List Vote: (Aye) 5 (Nay) (Abstain) PASSED Regarding the application Roman Nazareth & Marina Furman seeking a Variance (pursuant to MGL Ch 40 § 10 and Zoning Bylaw §230-4.2A) for a side yard setback at 61 Elyse Road seeking 15 feet where 25 feet is required. Assessor's Map/Parcel 39-351 in the RI zone. Mr. Cygawnoski of Rim Engineering and the applicants (Roman Nazareth and Marina Furman) were present. Mr. Cygawnoski presented the application and said that the hardship is the triangular shape of the lot. The applicant is looking to reduce the side yard setback to 15 feet. Although they would have liked a Rill -sized garage, they reduced the proposed garage size to 18 ft, for a 1 '/2 bay garage to not exceed the setback by as much. Mr. Cygawnoski noted that the neighbor at 65 Elyse received the same variance for 11 feet for their garage, and it was not detrimental to the neighborhood. Ms. Furman said that the lot has a steeply sloped driveway and is very dangerous in winter. She believes that a garage would assist with getting in and out of car, welcoming visitors and ZBA Meeting Minutes 4/30/2024 Page 7 of 9 carrying groceries. Ms. Furman showed a photo of the driveway slope to the board. Mr. Nazareth said it is a 45-degree slope, and often the wind becomes dangerous. Mr. List asked if not having a garage is a hardship. Mr. Valanzola said it was. Mr. Valanzola said the lot shape and topography is the real hardship and satisfies the statute. Ms. Pruitt agrees it is a very steep slope. Mr. Maxwell asked about a bylaw for a 5-foot setback for a garage and was told that this is for detached garages or sheds. Mi. Cygawnoski said that the rule of thumb for detached buildings is 25% of the normal setback, per Robert Blackman, the Mansfield building inspector. Ms. Furman said the hill was unsafe. Mr. Correira agreed that the garage would mitigate the safety issues. Motion: Approve the application for a variance for a side yard setback of 15 feet where 25 feet is required for the construction of a garage pursuant to the criteria as discussed. By Matthew Cummings Seconded by Ryan Maxwell Vote: 5 (Aye) (Nay) (Abstain) Motion: To approve the minutes of March 19, 2024 By Matthew List Seconded by Ryan Maxwell Vote: (Aye) S (Nay) (Abstain) PASSED Motion: To adjourn at By Matthew Cummings Seconded by Ran Maxwell Vote: (Aye) 5 (Nay) (Abstain) PASSED The nett Zoning Board of Appeals Dleeting will be allay 21, 2024, at 7:30 p.ni Matthew Cununings, Clerk Documents Submitted for the Meeting 68 Spring Street Application — Rcvd 1/22/24 14 Jason Lane Application — Rcvd 2/29/24 61 Elyse Road Application — Rcvd 4/2/24 10 Dane Street Application — Rcvd 4/2/24 43 Lakeview Application — Rcvd 4/2/24 .X ( X4 Date of pproval ZBA Meeting Minutes 4/30/2024 Page 8 of 9 East Street Application — Rcvd 3/19/24 Meeting Minutes DRAFT of March 19, 2024 Sarah Raposa, Director of Planning and Development memo dated 4/30/2024 ZBA Meeting Minutes 4/30/2024 Page 9 of 9 Town of Mansfield 6 Park Jfa7v, Mansfield, iWassaehusetts 02048 i0'''i;.•I ij Of-HCE Downtown Committee e1�1( ( ((; 30 Meeting Minutes3.25.2024 Present: Mr. Kevin Dumas, Town Manager, Chair, Mr. Neil Rhein, Ms. (Martha O'Cbhnell,l Mr? Chris Jackson, Ms. Eileen Cusack, Mr. Joe Cerretani, and Mr. George Pantos Not Present: Mr, lack Cooney, Guests: Mr. Chris McDermott, Economic Development Director and Mr. Josh Reinke, DPW Director Minutes: Nancy Griffin 1. Call to Order: The Downtown Committee was called to order at 5:40 PM by Chair, Mr. Kevin Dumas 2. Acceptance of Minutes from January 22, 2024: Motion: To adopt the meeting minutes of January 22, 2024. (Rhein/Pantos) Passes: 6:0:1 3. Ms. Cusack presented the Committee with the proposed artwork that the 250h Committee is putting forward and update from the celebration committee. The Downtown Committee asked where this wrapped traffic box would be located. Then gave positive feedback about the design. Mr. Dumas stated that Ms. Griffin would help to put together the application for consideration by the Select Board. Motion: To accept and apply to select board. (Cusack/Jackson) Passes: 7:0 4. Neil Rhein's Spreadsheet Review: Mr. Rhein discussed the following FY24 pending projects: Harry Chase Place — The project is pending but is projected to be completed this summer. Mr. Reinke confirmed that summer 2024 is the target for construction and installation of the pavilion and historical panels. Mr. Rhein noted that the current state of the park needs some TLC and asked that DPW address the area. Mr. Reinke noted this and said he would send the Highway crew out to assess and address. Fall Festival — Mr. Dumas told the committee that the funding for the festival has been removed from the FY2025 budget. He stated that due to increased costs, we are no longer presenting a level -service budget, so items such as the festival have been removed. He further added, we will not have the staffing to commit to fundraising and the logistics needed to do this event. Wayfaring Signs — There was a discussion of the plans for future signage and the tentative locations. Mr. Dumas and the Committee identified several locations where wayfaring signs could be installed. Some thoughts presented were: Fulton's Pond, Town Hall, Downtown/Dining/Shopping, Train Station, Bike Path. These signs would have a focus on Town sites. Mr. Reinke stated that the company would provide a mock up of proposed signs. Mr. Rhein noted that the colorful signs would be preferred, as opposed to just white. Facade Improvement Program — Mr. Rhein asked Mr. McDermott for an update on the Downtown Facade Improvement Program. Mr. McDermott stated that Hometown Hardware and the owners of the building at the corner of North Main and Cottage Street have submitted applications and those are ending approval. The North Main/Cottage building is for improvement of the "crest" on the corner of the building. He also told the Committee that Trattoria Della Norma has already been approved by the Industrial Development Commission. Mr. McDermott added that there might also be application coming from the Elk's, but it has not come in yet. Mr. Rhein asked for an update on the Fire Station. Mr. Reinke stated that the new owners are working through their inspection of the underground connections for drainage, and Mr. McDermott stated that the new owners have their permits and have completed interior demo and are moving toward buildout. S. Discussion of the Keep Mansfield Beautiful Mural Maintenance Ms. O'Connell gave the Downtown Committee an update from the Keep Mansfield Beautiful Committee. She said they will be talking more about the mural at their April 61h meeting, but noted that they are going to do a small mailing to their previous sponsors, and they are going to apply to the Non -Profit Gift Fund for funding for the mural improvements. The Committee is moving forward with artist Ian Gaudreau, who is the artist who did the original work. Ms. O'Connell stated that the group is looking for the original proposal. She noted that any funds not provided by the Non -Profit Gift Fund will need to be fundraised. She also noted that the railing above the mural is rusting and the rust is running down onto the mural and will need to be addressed. She asked Mr. Reinke if it would be possible to have the railing sealed once repairs to the rail are done. Ms. O'Connell noted that the end of the mural by Thomas Street needs repair and that the artist's proposal will be addressing this. She also said the artist is interested in adding to the mural so it is representative of the time period between 1930's-1950's, and after all the work is done the mural itself will need to be re -sealed. The Keep Mansfield Beautiful Committee is interested in fundraising enough money to have some leftover in the account to be able to keep up with any future repairs for several years. 6. Next Meeting Date —April 22 2024 at 5:30 pm in Meeting Room 2A/B ^o�4 o 7/22/24 'o�4 o 8/12/24 e 3/25/24 o 9/23/24 0 4/22/24 o 10/14/24 0 5/20/24 o 11/25/24 0 6/24/24 7. Any items not known 48 hours prior: 8. Adjournment: Motion: To adjourn the Downtown Committee meeting at on March 25, 2024 at 6:3213M. (Pantos/Cusack) Passes: 7:0 Kevin Dumas, ehair Date