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HomeMy WebLinkAboutZBA 02/25/2025u4i - Lr4 Town of Mansfield Zoning Board ofAppeals Meeting Minutes February 25,2025 Meeting Held in Person in Meeting Room 3A/B and Virtually Using GOTOWebinar Platform Present: Darlene Pruitt, Chair; Edward Valanzola; Matthew List; Eric Correira; Tony Riley, Associate Member; John McGarry, Associate Member N L7 ly Sarah Raposa, Director of Planning and Development _ Paula Perry, Administrative Assistant _ ?. Mike Ahern, Operations Manager Town of Mansfield Absent: Ryan MaxwellCjj n Darlene Pruitt, Chair, read the introductory recording information notice into the record. Motion: To reappoint Darlene Pruitt as Chair By Eric Correira Seconded by Matt List Vote: (Aye) 4_(Nay) (Abstain) PASSED Motion: To appoint Matt List as Clerk By Eric Correira Seconded by Ed Valanzola Vote: (Aye) 4 (Nay) (Abstain) PASSED ZBA Meeting Minutes 2/25/25 Page 1 of 8 Sarah Raposa welcomed new Associate Board Members Tony Riley and John McGarry and explained that to make a full 5-member board, Darlene Pruitt (Chair) will appoint one of the Associate Members to "sit" on each hearing. , Public hearing regarding the application of Burton's Grill of Mansfield, LLC C/O Stonefreld Engineering & Design LLC for a Variance from Schedule 4.2B, Front Yard Setback to renovate the existing free-standing restaurant (formerly TGI Fridays) for a proposed Burton's Grill & Bar. As part of the project, the applicant will enhance the exterior fagade and construct a roofed outdoor patio. The Property is owned by Route 140 School St, LLC C/O WS Asset Management INC. and located at 280 School St; Assessor's Map/Parcel 012/019 in the Industrial 1 (I1) Zone. Darlene Pruitt appointed Associate Member Tony Riley to participate in this hearing. Joshua Kline from Stonefreld Engineering & Design, 120 Washington Street, Salem MA, presented the application to the Board. Mr. Kline said that they were excited to do an adaptive reuse for the TGI Fridays location. Mr. Kline said they were requesting a variance for dimensional relief for the setback of the roof/cover of the new patio. The patio itself has already been administratively approved by town staff. The patio is 1,040 sf. The roof over the patio is considered an encroachruent within the setback. They will be going before the planning board on Wednesday, February 26, 2025 for a design/fagade review. Mr. Kline presented a rendering of what the new restaurant would look like. He also presented a site plan showing where the proposed patio will be. Mr. Kline said that TGI Fridays has been closed since January 2024. There was a patio at this location during COVID, and Burton's is shifting the location somewhat. Mr. Kline pointed out that the site is uniquely shaped, bounded by School St. There is also an intermittent stream bards that has a 25-foot "no -build" and a 100-foot buffer that cuts across the site. They determined the best option was to shift the patio to the left-hand side was the best option. The patio is 22.6 feet deep and 46 feet wide, for a total of 1,040sf. They believe that not having a covered patio would limit the use of the patio. Mr. Kline pointed out that the patio structure will be black with columns and will also have a prefab fence structure. There will be planters around the patio, as well as additional landscaping. Mr. Kline said that they will need to consult Mansfield Electric because the setbacks are a little tricky, and they want to do some screening around the transformers to beautify the frontage. Mr. Kline concluded his presentation by saying that it is a simple application. There is a 50-foot required setback and they are requesting 16.3 feet of relief for the roof. The patio will be open- air with no solid walls around it. They may include clear screening at some point. They are working to open in early fall. Mr. Valanzola asked if this was the same Burtons as in Hingharn and if it was the same landlord. Mr. Kline confirmed both. Mr. Valanzola asked if the wetlands were on the property or abutting ZBA Meeting Minutes 2/25/25 Page 2 of 8 the property. Mr. Kline said there are both an intermittent stream and wetlands on the property. Mr. Kline said they were 14 feet away from the buffer. Mr. List asked if they could swing the patio to the west side of the building, where the parking lot is. Mr. Kline said that the main seating and the bar inside are pushed up toward School Street. The back of the house is near the parking area. They want to create connectivity between the main seating area and the outdoor area. Ms. Pruitt said that site thinks it would be an improvement, and the previous tenant did have an outdoor patio. Mr. Corfeira said that Cibo Matto did a similar thing. Mr. List pointed out that it would be difficult to move the patio due to an underground electrical conduit. Mr. Kline said there were other locations in Hingham, Nashua, Lynnfield, Westford, Burlington and Framingham. Motion: To grant the variance based on land hardships: a triangular -shaped lot bounded by two streets; it is adjacent to wetlands and an intermittent stream bank; it will preserve the existing building. The hardships also include the shape of the lot, soil conditions, and topography. By Ed Valanzola Seconded by Matt List Vote: (Aye) 5 (Nay) (Abstain) PASSED 7..7 00. ":inn.` 499 fast St . " " :Tar on �owerslG�llco/Verizon . Public hearing regarding the application of Tarpon Towers III, LLC & Cellco Partnership dba Vefizon Wireless for a Variance pursuant to MGL c. 40A, 10, and 230-7.2 (B)(3) of the Zoning Bylaw for the erection of a monopole and installation of wireless communications equipment (the "Wireless hnstallationn") on the property. The Property is owned by The Town of Mansfield and located at 499 East St; Assessor's Map/Parcel 033/011 in the Residential 1 (RI) Zone. Ms. Pruitt appointed Associate Member John McGarry to participate in this hearing. Attorney Ellen Freyman, with Schatz, Schwartz, and Fentin in Springfield, MA as a representative for Tarpon Towers and Verizon Wireless presented the application. Ms. Freyman said they were there to request two variances needed to erect a new monopole at 499 East Street. They responded to an RFP from the town of Mansfield and were the winning bidder. They have been working with the town to place the tower for the last year. They require a setback and a height variance. The setback variance is a 500-foot setback from a residence, and they will be 280 feet, but there is a road and tree stand between them and the nearest homes. The setback will be more than 2 tines the height of the tower in the event of the tower collapsing. The ZBA Meeting Minutes 2/25/25 Page 3 of 8 second variance is for the height, and based on the colocation bylaws, they have 5 colocators on the tower and can go up to 140 feet (max 150 with another colocator). The town needs to install whip antennas totaling 19 feet which would make them 19 feet above the height restriction. The height variance request is 19 feet. Ms. Freyman said the hardships would be not being able to erect the tower, and not having the town -mandated antennas that make up the height difference would be detrimental to the town, and the visual screening of the trees, need to be outside the landfill. They believe that they found the best place for the tower. Mr. List asked if the 500-foot radius was narked on any plans so that he could see how many homes fall within the radius. Mr.Greg Seeker from Chappel Engineering in Marlborough, MA. Address 7 Grace Lane, Dudley MA. Mr. Seeker's company did the zoning drawings submitted. On Sheet CO2 the nearest residents are shown. He does not believe that any other residents fall within the 500 feet. Mr. List asked if he knew how many residences fall within the 500 feet. Mr. Seeker said he would need to research that. Mr. Correira asked about a previous application for a cell tower on Branch Street last year. Ms. Raposa said that this was not built due to financing and wetland issues. Mr. Correira said that there is bad cell service at the schools, and this would help. Mr. Ahern, Project Manager for the Town of Mansfield, introduced himself. Mr. Ahern said there were RFPs for leases issued at the recycling center and the airport. He said the tower behind Cablevision just fizzled out. The town put out an RFP, and Tarpon responded. The proposed area has bad cell coverage, and bad public safety and DPW coverage. Mr. Ahern said that the land lease was approved at the Town Meeting on May 22, 2024. They completed a Master Plan for the Mansfield Green which included nature trails, redoing the Mansfield Green facility, fire and police training, and a tower site. This proposed tower is on this site. Mr. Ahern thinks the tower will accomplish a few things: • Increase cell coverage for that area. • Improve public safety and DPW conununications with the added height. • Generate income from the site. Mr. Valanzola said there is a need for this, but wanted to know what the hardship is under 40A. Ms. Freyman said that there is a landfill they need to be away from, the wetland and that they need to be near trees to hide it. Mr. Valanzola asked why the height variance. Ms. Freyman said that the bylaw encourages colocation to avoid multiple towers. The required whip antennas from the town are what is increasing the height. Mr. Valanzola asked Mr. Ahern if it could be moved further away from the residences, and Mr. Ahern pointed out that there is a landfill, a Shell oil line, and the existing compost area. It would be difficult to move. Mr. Valanzola asked to see what it would look like. Some renderings were presented, and the plans with dimensions were shared with the board. ZBA Meeting Minutes 2/25/25 Page 4 of 8 Mr. List asked if Verizon had considered other sites. Mr. Correira said there was an attempt to do a tower with solar panels that was voted down by neighbors. Mr. Correira said it would be difficult to find a site in this area that wouldn't affect someone. Amy White, Project Manager at Smartlink, spoke on how the site was found. She is the site acquisition vendor for Verizon and Tarpon. In this case, they were given a'/ mile search ring and asked to find a location. The majority of the parcels are very small. Among the options were 510 East St (Fish and Game Club), the cemetery owned by the archdiocese, 801 East St, and a private residence at 663-665 East St. None of these worked out. The remaining parcels are too small or completely wet. Mr. List addressed the coverage maps. He said the submitted maps show only partial coverage will be provided by this tower, and additional towers will be needed in the future. Ms. White agreed. They have to consider coverage and capacity. More cell phones requires more towers. Mr. Valanzola asked about how many residents would be able to see the tower. Ms. White said that their team identified the visible locations, and put the photos of those areas in the presentation. Mr. Valanzola asked how many homes are in the 500-foot area. Ms. Raposa said there is only one residence (534 East St) within the 500-foot radius. There has been no response/objection thus far from this residence. Mr. Valanzola asked about the hardships aside from gaps in coverage and difficulty finding other locations. He requested that the applicant show a hardship that relates to the land and soil. Ms. Freyman said that the activity in the area limits placement opportunities. Mr. Valanzola said this was not a hardship. Ms. Freyman pointed out the Telecommunications Act which states that the inability to provide coverage is a violation of the Act. Mr. Valanzola asked if the Telecommunications Act trumps the local bylaw. Ms. Freyman said that it does, but they still need to come to the ZBA for a variance, but the Telecommunications Act grants leeway to the ZBA to grant the variance if the hardship does not exist, though she thinks they have pointed out adequate hardship. Mr. List asked Mr. Ahern if the landfill was capped so that it could not be built on. Mr. Ahern said that it is capped. To put a cell tower there, you would have to go down 100 feet. Mr. Ahern said that the town moved this to where it is to take it further from the river. Public Comments Carolyn Kipp, 15 Jason Lane Ms. Kipp asked if the tower could be disguised as a tree. There is one near Red Mill Village in Norton that is very well disguised as a tree. She thinks it would look much better. Mr. List asked if this was feasible. Ms. Freyman said that they usually do not do this as it makes the tower stand out even more. Mr. Valanzola asked to see elevation plans and measurements of the tower. ZBA Meeting Minutes 2/25/25 Page 5 of 8 Ms. Freyman pointed out sheet A03, which has the elevations listed. Mr. Seeker said the typical antenna face is triangular faced, and 12 feet. Ms. White referenced sheet RF01 which shows the antenna mounting plan. Mr. Correira asked what would be on the tower. Ms. Freyman said it is Verizon and the town, and there could potentially be 4 other colocators. Ms. Raposa said they could go up to 140 feet, but the town's emergency antennas are necessitating the 19-foot variance request. Mr. Correira said that he considers it a safety issue, and there needs to be cell service at the schools. Ms. Raposa pointed out that the Planning Board will be hearing the application for the Special Permit, and the ZBA will be hearing the application for the variances. Mr. Riley asked if any other aspects of the Telecommunications Act should be considered. Ms. Freyman said that they are required to fill the coverage gaps. Mr. Valanzola pointed out that this does not authorize ignoring setback dimensional requirements. Ms. Freyman said it just gives the ZBA the authority to grant the variance based on the lack of coverage, under 40A and the Telecommunications Act. The Board discussed that there was a definite gap in coverage and that there are limited locations for the tower in this part of town. Motion: Based on the criteria as discussed, I move that the ZBA approves the application for variances from zoning bylaw Sections 230-3.6(G)(4)(g) and 230-3.6 (G)(4)(b) for the erection of a monopole and installation of wireless communications equipment on the property owned by the Town of Mansfield and located at 499 East St; assessor's map/parcel 033/011 in the residential 1 (RI) zone. By Matt List Seconded by John McGarry Vote: (Aye) 5 (Nay) (Abstain) PASSED Public hearing regarding the (continued from 12/17/24) application of Matthew and Regina Leary for a Variance from Zoning Bylaw 230-5.7.B.2 Residential Compounds for a distance between structures of 36'2" where 40' is required. The Property is owned by Matthew and Regina Leary and located at 14 Frain Drive; Assessor's Map/Parcel 039/413 in the Residential (RI) Zone. Ms. Pruitt appointed Tony Riley to vote on this application. ZBA Meeting Minutes 2/25/25 Page 6 of 8 Motion: Move that the Board grant the withdrawal of the application for 14 Fram Drive By Matt List Seconded by Eric Correira Vote: (Aye) __A(Nay) (Abstain) PASSED �:'I"i00,,. ,�t►;< $e�ie�v�n£7)��L 1�ules�riil Ile ulafons-�ocuwent ° ,;, Ms. Raposa said that she had updated the draft documents. The Board was going to discuss what plan submission requirements the Board would like to have. Mr. List suggested that for Cell Towers, the abutter list could be extended to a 500-foot radius. Ms. Raposa said this was possible under the Board's rules and regulations as information, not the statutory requirement. Ms. Raposa wonders if the distance component for cell tower bylaws were created when there was fear about radiation. Ms. Raposa said that Mr. Maxwell sent a list from Walpole that bad all the required submission items. Ms. Raposa said that she intended to send it, and will do so for an upcoming meeting. It was decided that the Board would review this at a future meeting. It was noted that there are no new applications, so there will not be a March meeting. Mr. List pointed out that the April meeting was moved to April 22 for school vacation week, but school vacation week is a week later. The Board agreed to move the meeting back to April 15. 7:;;00 anv Mutesatnutir;° 2i,Q25 . „ ". Motion: To approve the minutes of January 21, 2025. By Matt List Seconded by Darlene Pruitt Vote: (Aye) _5(Nay) (Abstain) PASSED Motion: To adjourn at. 8:25 pm. By Matt List Seconded by Darlene Pruitt ZBA Meeting Minutes 2/25/25 Page 7 of 8 Vote: (Aye) 5 (Nay) (Abstain) PASSED The next Zoning Bocmcl gfAppeals Meeting will be on April 15, 2025 at 7: 00 p. m. /A�- � Y / 1;--1267 a �- Matt List, Clerk Date of Approval Documents Submitted for the Meetine ZBA App Update with Rules and Regulations Document 2-14-25 Minutes from January 21. 202E Meeting ZBA 02-25-25 Mtg Memo -SR DRAFT 02-10-25 ZBA Meeting Notice -Agenda TC 2-25-25 ZBA Min 1-21-25 Draft - SR ZBA Pending Business List 2-25-25 499 East — Application Cover Sheet 499 East — Closing Agenda 499 East —Updated Variance Application 499 East — Letter of Authorization 499 East — Updated Variance Narrative 499 East— Legal memo 499 East —Mansfield 4 MPE Report 01152024 499 East — RF Report Mansfield 4 MA 01132025 499 East— Mansfield4 Doc& Sim pdf 499 East MA1230 Mansfield 4 ZD Rev3 (01-3-25) pdf 499 East MA1230 Mansfield 4 Stormwater Runoff Letter (2-21-25) 280 School — ZBA Application 280 School — Certified Abutters List 280 School — Site Plan pdf 280 School — Survey pdf 280 School — Floor Plan & Elevations. Pdf 280 School — Renderings.pdf 280 School — Burtons Grill ZBA Application Variance Justification.pdf 280 School — SPA-Admin Burtons Decision 02-12-225 14 Fram — Continuauce.pdf 14 Fram — Applicant Withdrawal Request.pdf 14 Fram - Application ZBA Meeting Minutes 2/25/25 Page 8 of 8