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HomeMy WebLinkAboutZBA 01/21/2025Town of Mansfield 0 i'i' P� C P�u f fi��G afzl of A_ ppeals F�A9 A�6. ion FEB 21 A 0 22 Meeting Minutes ,, January 21, 202 '���'/i 111i5ETT6 Meeting Held in Person in Meeting Rooni 3A/B and Virtually Using GoToWebinarPlafform Present: Darlene Pruitt, Chair; Ryan Maxwell; Edward Valanzola, Matthew List, Tony Riley, Associate Member Sarah Raposa, Director of Planning and Development Paula Perry, Administrative Assistant Absent: Eric Correira Darlene Pruitt, Chair, read the introductory recording information notice into the record. Ms. Raposa said the Board would review the complete Rules and Regulations document. 1. Updated Application Increase application fees: Findings - $250, Special Permits/Variances/Appeals - $350. Also, add a $2 postage fee per abutter. Ms. Raposa reminded the Board that Matt List had asked that if a narrative has cases cited, the full text of the case should also be attached to the application. Ms. Raposa pointed out that the new form is a Word document, so people can type into it. The application also includes Criteria questions For justifying application and a dimensional Chart. Rules and Regulations discussion on the following sections: 1. Authority 2. Membership and Duties 3. Standards of Conduct for Board Members 4. Attendance Ms. Raposa spoke briefly about remote attendance and said the procedures may change. 5. Conflict of Interest Ms. Raposa recommended the "Attorney of the Day" feature for potential conflicts. 6. Officers ZBA Meeting Minutes 1/21/25 Page 1 of 5 Usually, reorganization happens in January, but the Board will do it in February. The Board needs to elect a new clerk. 7. Duties and Officers 8. Quorum and Voting There was a quick review of Voting and quorums. Ms. Raposa said that abstention from voting can cause difficulty. 9. Regular Meetings The Board agreed to a 7:00 start time in February. 10. Special Meetings 11. Applications 12. Preliminary Conference These are not allowed by ZBAs. It would be a conflict to discuss opinions before the meeting. 13. Public Hearings 14. Meeting Minutes Minutes should be done by the next meeting, in a "timely fashion". They need to be done quickly as the body of the minutes is included in the decision documents. 15. Executive Session 16. Executive Session Minutes Need to be approved, but not released until the issue is resolved. 17. Hearing Procedure 18. Public Comments Ms. Pruitt asked if it was possible to limit the time for Public commenters. Ms. Raposa said that the Chair can determine time limits, and she is willing to put a bullet in the document saying that the chair may, at their discretion, limit public comments to three minutes. Mr. Valanzola asked if this had been an issue in the past. He said that bad behavior and going on too long are different. He said that when clients lose, they say that they were cut off and don't feel heard. Mr. Maxwell pointed out that sometimes abutters repeat what was already said, and there should be a way to keep the procedure moving. 19. Abutter Notification The town does the mailings by USPS First Class. 20. Newspaper Notice 21. ZBAApplication Mr. Maxwell asked how many copies were necessary. The town requires 4 copies; one for the Planner, one for the Applicant, one for the Town Clerk, and the final one for the file. 22. Site Plan Form and Comments Ms. Raposa asked the Board to review this section and let her know what should be cut from the list. Mr. Valanzola suggested that the client should not be required to show the structure as they would then be locked into that structure. ZBA Meeting Minutes 1/21/25 Page 2 of 5 Ms. Raposa said that she believes the Board should be able to see the existing and proposed structures. Mr. Maxwell asked what the Board would look at in the plan. Mr. Valanzola said that he would look at the lines and the setbacks. Mr. Valanzola said that he doesn't think the Board has the authority to say that the proposed building be exactly as it is on the plan. Mr. List clarified that the Board needs to see where the proposed work will be done which is the reason for the request (ie, setbacks). Ms. Raposa said that for most projects, the Board does want to see proposed and existing projects. The Board needs to see a plan for what they are requesting relief from. Ms. Raposa is concerned about the implementation of the Variance request. If the applicant changes the plan, it may require a modification of the plan set. Mr. Maxwell suggested adding the language "when applicable". The Board will review this section for discussion at the February meeting. 23. Continuances 24. Withdrawals of Applications 25. Plan Revisions and Supplemental Information There was a brief discussion about meeting information via Dropbox or directly from the ZBA page. 26. Waivers 27. ZBA Site Visits Ms. Raposa said the Board should do a "windshield survey" of each location. Group visits can be organized if necessary. 28. Findings 29. Decision 30. Filing Decisions It was agreed that a copy of the Decision should be emailed to the Board when requesting them to come in and sign. 31. Appeals 32. Reconsideration There is no reconsideration, just Appeals. 33. Reapplication 34. Two-year Limitation on Grants There is a one-year limitation for Variances. None for Findings. 35. Monitoring The Board does not track projects like the Planning Board does. 36. The Mullin Rule 37. De Minimis Changes Often there are changes made to plans. This outlines the limitations on what the Building Inspector can approve. 38. Timing 39. Fees 40. Consultant Review Fees 41. Annual Repot ZBA Meeting Minutes 1/21/25 Page 3 of 5 42. Comprehensive Annual Financial Report 43. Validity 44. Staff Contacts 45. Administration Mr. Valanzola had some comments on the document. He asked that there be more space on the application for information. Ms. Raposa reiterated that the document is a Word document, so will expand as the applicant types in information. Mr. Valanzola also advised that the language "Please explain why..." should be added to the requests for the applicant to justify Variance/Finding/Special Permit relief. Mr. Valanzola also requested that the Density and dimensional charts be eliminated. He thinks that this is too much work for a surveyor. Ms. Raposa said that she has been doing this for each application, and thinks the onus is on the applicant to complete it. Ms. Raposa asked if the Board finds the information useful, and the majority of the Board agreed that it is. Ms. Raposa said she used the information to ensure the applicant was asking for all of the relief that they needed. She said that it is also a tool for the Board to have complete information for their review. Mr. List said that it is also a way to differentiate between a Finding and a Variance. Ms. Raposa agreed and said that she had discovered and corrected misfilings based on this information. Ms. Raposa stated that she did not want to overstep her role, but she wanted the Board's job to be as efficient as possible. Making sure the applications come in in good form is part of that. Mr. List asked if changing the fees requires a Select Board vote. Ms. Raposa said that it would require a Select Board vote. Ms. Raposa said that the next meeting will be on February 25, 2025, at 7:00 pm. At that time, the Board will go over the Rules and Regulations from 7-7:30. At 7:30, the withdrawal of the Fram application will take place. Mr. Valanzola stated that the Town Counsel's relationship with the ZBA is a concern for him. Re: the 47 Maple Street application from the previous meeting, there was some confusion about what was required to pass the Finding. He said the application was advertised as a Variance, but Ms. Raposa confirmed it was advertised as a Finding. Mr. Valanzola said that he was unclear what the reasoning was behind Town Counsel's decision to uphold the 3-2 vote in favor of the Finding. Ms. Raposa said that she was asked to stay out of the process, and Ms. Pruitt would be handling it as Chain Ms. Pruitt said that there was correspondence between herself and the Town Counsel that was not shared with the Board. Ms. Raposa said that the original approval was for a Finding, and this hearing was for a modification (plan change) to that Finding. It was a "material change", and the plan will now go for administrative site plan approval. Ms. Pruitt asked if the emails could be put into the Dropbox. Ms. Raposa said that they could, and will. Ms. Raposa explained that she contacted Town Counsel and Town Counsel determined that the simple majority was enough to pass the request. Mr. Valanzola asked if the Board had the right to reach out to Town Counsel on their own. Ms. Raposa explained that because there are fees associated with contacting Town Counsel, it would require permission from the Town. ZBA Meeting Minutes 1/21/25 Page 4 of 5 Motion: To approve the minutes of December 17, 2024 By Ran Maxwell Seconded by Darlene Pruitt Vote: (Aye) 3 (Nay) Motion: To adjourn at.8:45 pm. (Abstain) 1 PASSED By Ryan Maxwell Seconded by Matthew List Vote: (Aye) _,5_(Nay) (Abstain) PASSED The next Zoning Board of Appeals Meeting will be on January 21, 2024, at 7:30 p.rn. NMa4 U-4 Qcf Date of Approval Documents Submitted for the Meetine ZBA App Update with Rules and Regulations Document 8/20/24 ZBA Meeting Minutes 1/21/25 Page 5 of 5