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HomeMy WebLinkAboutZBA 06/16/2024Town, of Mansfield o RR eals f0A8A�6 J. Meeting Minutes �n 1fi P 1 z July 16, 2024 21A - Meeting Held in Person in Meeting Room 3A/B and Virtually Using GoToWebinarPlayorm Present: Darlene Pruitt, Chair; Matthew Cummings, Clerk; Eric Correira; Matthew List, Ryan Maxwell Sarah Raposa, Director of Planning and Development Paula Perry, Administrative Assistant Priscilla McGill, Administrative Secretary (Remotely) Absent: Edward Valanzola, Associate r Darlene Pruitt, Chair, read the introductory recording information notice into the record. Darlene Pruitt, Chair, read the public notice into the record. This application was continued from the June 18, 2024 meeting. Regarding the Continued application of Xfinity/Live Nation for a Variance from Zoning Bylaw Section 230-4.7. for a proposed marquee sign at 885 S. Main Street. The Property is owned by Xfinity/Live Nation and located at 885 S. Main Street; Assessor's Map/Parcel 016/011 in the Industrial 1 (I1) Zone. Jason Sandoval, the Xfinity Center General Manager, was present on behalf of Xfinity/Live Nation. Mr. Sandoval distributed materials to the Board reflecting the Board's request from the June 18, 2024 meeting with additional square footage information, the size of the sign, and the setback. Mr. Sandoval reiterated that the new marquee would help inform the public of upcoming concerts, parking lot openings, and other pertinent information. The documents submitted provide more detailed measurements. The height of the marquee will be 15 feet and the approximate center width of 6 feet 3 inches. The dimensions of the marquee are 4 feet 5 inches by 6 feet 3 inches and 5 feet deep. The square footage is approximately 27.6 sf of LED per side. He also provided the site plan laying out where the new sign will be placed, on the street side of their property. They want it put out far enough where it can be seen, and be a guide to patrons ZBA Meeting Minutes 7/16/24 Page 1 of 4 into their venue. The site plan shows that the sign will be placed at the edge of their property line. The island that the sign is on will remain the same size. They may put some bollards on either side of the sign to protect it from traffic. Mr. List asked if the whole sign would be illuminated, and Mr. Sandoval said the top portion of the sign would have the Xfinity logo raised and backlit, but not LED. Ms. Raposa asked about the dimensions of the sign. Mr. Sandoval confirmed that the sign would be 27.6 sf. She stated that the LED sign plus the non -LED portion (the sign as a whole) would exceed 30 feet. She reminded the board that there are three issues in play here. First is the square footage of the sign, the second is the illumination and the third is a zero -foot setback. Mr. List said that the bylaws state that in the industrial district, a sign cannot be more than 30 sf, or a total of 45 sf if parallel to a frontage road. However, a "frontage road" is not defined in the bylaws. Ms, Raposa said they would address that in the future. Mr. List said he was not concerned about the size of the sign. Ms. Raposa pointed out the unique nature of this location as there is only 186 feet of frontage for 100 acres, Mr. Sandoval said they are happy to let the town utilize the sign during the off-season to announce town events. Mr. Maxwell reminded Mr. Sandoval that he had agreed not to put animation on the sign, just informational lettering. ;Mr. Sandoval agreed that this was not a need. Mr. Maxwell asked if the square footage details needed to be spelled out, and Ms. Raposa said it would all be put in the decision. Mr. List asked if the drawings and site plan provided by Mr. Sandoval could all be part of the decision. Motion: That there are circumstances relating to the shape, topography, or soil conditions of the subject property, which do not generally affect other land in the zoning district, specifically the design of the lot with the concert venue in the back. There is substantial hardship due to the design of figuring out where the entrance point is for such a large venue and for public safety concerns, and granting the relief would not nullify or derogate from the intent of the Zoning Bylaws as it is serving a public safety concern. And further, based on these findings, move that the ZBA approves the application for a variance for a proposed marquee sign at 885 S. Main Street based on the criteria as discussed. By Matthew Cummings Seconded by Matthew List Vote: (Aye) 5 (Nay) (Abstain) PASSED Darlene Pruitt, Chair, read the public notice into the record. ZBA Meeting Minutes 7/16/2024 Page 2 of 4 Regarding the application of Douglas Annino for a Finding from Zoning Bylaw Section 230- 7.4.2A for a proposed addition of second -floor egress and stairs for a front yard setback of 11.1 feet where 30' is required and 12.7' is pre-existing. The Property is owned by 32 Cottage Street LLC and located at 32 Cottage Street; Assessor's Map/Parcel 024/266 in the Residential 3 (R3) Zone. Mr. Douglas Annino from Annino Inc., 125 N. Washington St, North Attleboro was present representing the property owner, Colleen Lucier as the architect for this project. The property is in an R3 zone and is an existing 5-family residential dwelling. The building inspector of Mansfield has asked for a second means of egress for one of the apartments. They want to rebuild the front porch as it is in disrepair and add a second means of egress that goes up to a second floor and they can install a door out to the stairway and down and out. This will ensure that this will not impact parking or the driveway on the left-hand side. The setback on the right side is tight, so there is no opportunity to install the staircase there. Mr. Annino showed a neighborhood photo showing that the structure predates zoning. This is a preexisting, nonconforming structure and will therefore require a finding rather than the initially requested variance. Mr. List asked if this was only outdoor stairs, and no living space being added. Mr. Annino confirmed that this was the case. Mr. Maxwell asked why the building inspector had requested the additional egress. Mr. Annino said they had gone to pull a permit to reconstruct the front entry porch, and the inspector pointed out the need for additional egress. Mr. Maxwell asked if the stairs were the minimum width for the staircase. Mr. Annino said they would be 7 feet 6 inches, and the minimum width would be 3 feet. Ms. Pruitt said that she thought it would be an improvement. Mr. Maxwell said that he drove by, and it needs repair. Mr. PJ Shannon of 35 Jacob Drive spoke on behalf of the applicant. He said that the applicant is bringing the structure up to code and it should be a finding rather than a variance. Motion: The ZBA finds that the proposed 1.5-foot front setback encroachment for the new stairs is not substantially more detrimental to the neighborhood than the existing nonconforming residential structure and that such alteration as presented does not create a new noncompliance with any other requirement of the Town of Mansfield Zoning Bylaw. By Matthew Cummings Seconded by Matthew List__ Vote: (Aye) 5 (Nay) (Abstain) PASSED ZBA Meeting Minutes 7/16/2024 Page 3 of 4 Motion: To approve the minutes of June 18, 2024 By Matthew Cummings Seconded by Matthew List Vote: (Aye) 5 (Nay) (Abstain) PASSED Ms. Raposa asked if there were any applications for the August meeting. There are none yet, but the deadline is July 23, 2024. She is working on an updated rules and regulations document. She will present it to the board at an upcoming meeting. It will document certain procedures and policies of the board. Mr. Correira asked about applications for the open board seat. Ms. Raposa said the position was listed in the monthly newsletter, but there are still no applications. Motion: To adjourn at 8:00 p.m. By Matthew Cummings Seconded by _Matthew List Vote: (Aye) - 5 (Nay) (Abstain) PASSED The next Zoning Board of Appeals Meeting mill be August 20, 2024, at 7:30 p.m. Date of Approval �./i2 Lvrre� i-s./ rtC.�rl.w �I4"K Documents Submitted for the Meeting 885 S. Main Street Application — Rcvd 4/22/24 Sign Submittal Package for 885 S. Main St. — Rcvd 7/9/24 885 S. Main Street — Continuance Request— Filed 6/20/24 Xfnity Center Sign ZBA plan — Rcvd 7/16/24 32 Cottage Street Application — Rcvd 6/4/24 Meeting Minutes DRAFT of June 18, 2024 Sarah Raposa, Director of Planning and Development memo dated 7/11/2024 ZBA Meeting Minutes 7/16/2024 Page 4 of 4