HomeMy WebLinkAboutZBA 09/16/2025Town of Mansfield
Zoning Board ofAppeals
RECEIVED
TOWN CLERKS OFFICE
2025 00 22 A 8. 14
Psi A S AN '"nurtes
eptem er 16, 2025
Meeting Held in Person in Meeting Roon: 3A/B and
Virtually Using GoToWebinar Platform
Present: Matthew List, Acting Chair; Eric Correira, Acting Clerk; Edward Valanzola;
Joseph O'Malley; and John McGarry, Associate Member
Sarah Raposa, Director of Planning and Development
Priscilla McGill, Administrative Secretary
Absent: Darlene Pruitt, Chair
Matthew List called the meeting to order and read the introductory statement for video
recording. He informed the virtual audience that there were audio technical issues, which meant
that the outside public could hear us, but we could not listen to them. However, they were
welcome to attend the meeting in person or submit written continents to the Planning
Department. As Ms. Pruitt was absent, he then asked the Board for motions to appoint an
Acting Chair and Acting Clerk.
Motion by Mr. Correira and seconded by Mr. O'Malley to appoint Mr. List as Acting Chair.
Vote: 5-0-0 [Aye 5, Nay 0, Abstain 0] PASSED
Motion by Mr. List and seconded by Mr. O'Malley to appoint Mr. Correira as Acting Clerk.
Vote: 5-0-0 [Aye 5, Nay 0, Abstain 0] PASSED
Regarding the application of Marie Mercier/Sign Design Inc. for a Variance from Section 230-
4.7 for a free-standing, non -illuminated sign larger than three square feet in a residential zone.
The Property is owned by James Crawford and located at 170 School St; Assessor's Map/Parcel
012/024 in the Residential 2 (R2) Zone.
Mr. List appointed Mr. McGarry as a voting member for the hearing.
Marie Mercier, Sign Design Inc. was present representing Magical Beginnings of 170 School St.
Her client is seeking to install a non -illuminated post and panel sign, larger than the three square
feet allowed in a residential zone. They are seeking to add a larger sign for the daycare business.
ZBA Meeting Minutes 9/16/25 Page 1 of 5
The property is the last house on the corner of School St., abutting a commercial zone. The sign
would be installed at ten feet from the property line and would not obstruct the view of passing
traffic. The new sign is about 6.25 square feet per side.
Mr. List said that the daycare and house are pre-existing, and there was no monument sign there
previously. Ms. Mercier referenced a post and panel residential sign that previously existed at a
nearby residential location, which the owner removed when his business relocated.
Mr. Valanzola inquired if the Board has the authority to grant a sign variance in a residential
zone. He asked for clarification whether the relief is being asked for the use of the sign or the
size.
Ms. Raposa noted that bylaw section 4.7 is silent on residential signs. Mr. List said that 4.71)(1)
allows one sign in all districts if not illuminated, and is limited to three square feet.
Ms. Mercier confirmed that the sign's top panel is 30" x 30" and the lower panel is 24" x 6".
Mr. List said that a variance would be based on the lot shape, topography, or soil of the lot. The
sign being larger than three square feet could be a hardship. Board members agreed that the sign
and location were not an issue, but that their determination needed to be grounded with the
variance requirements. There were no people from the public present or online with questions
or opposing the application.
Mr. Correha noted that the residential location is adjacent to conunercial zoning. Mr. List said
that other houses and commercial buildings are very close on School Street. Other signs on that
stretch of School Street are close to the street and larger than three square feet. There are unique
site conditions where the site is on a corner lot, near Route 140, with heavy traffic. A smaller
sign could cause short stop conditions that would be dangerous. There was farther discussion on
the dangerous conditions with a yield sign and lights on Route 140. The sign and placement
would not be more detrimental to the neighborhood. The fact that it is a corner lot and that the
house is close to the street could be a hardship.
Motion by Mr. Correira and seconded by Mr. O'Malley to close the public hearing.
Vote: 5-0-0 [Aye 5, Nay 0, Abstain 0] PASSED
Motion by Mr. Correira and seconded by Mr. McGarry that, based on the criteria as discussed,
move that the Zoning Board of Appeals approve the application for a variance for a front yard
setback of 10 feet, where 30 feet is required for a free-standing, non -illuminated sign larger than
three square feet in a residential zone.
The Board agreed that the hardship is that the location is a corner lot and that the sign could not
be at a 30-foot setback without impeding the residential structure.
Vote: 5-0-0 [Aye 5, Nay 0, Abstain 0] PASSED
ZBA Meeting Minutes 9/16/25 Page 2 of 5
Regarding the application of Michael and Amy Feck for a Finding from Section 230-4.2(A) for a
front yard setback of 19 feet, where 25 feet is required, does not make the existing single-family
dwelling more non -conforming. The Property is owned by Michael and Amy Feck and located at
668 Elm St.; Assessor's Map/Parcel 015/003 in the Residential 1 (RI) Zone
Mr. List appointed Mr. McGarry as a voting member for the hearing.
Michael Feck of 668 Elm Street was present. He provided background information, noting that
the lot was pre-existing, non -conforming, with 120 feet of fiontage where 200 feet is required. It
did not meet the definition for lot size. He had applied to the Planning Board for a residential
compound that allows a common roadway, or common driveway, or separate driveways as long
as there is 50 feet of frontage and 80,000 SF per lot. He received approval from the Planning
Board, which then created two conforming lots. The Planning Board cannot render an approval
to a lot that has a pre-existing, non -conforming structure. Therefore, the decision was granted
with the condition that the Zoning Board of Appeals grants the finding for the structure. There
were no proposed changes to the existing house.
The two options posed to the Planning Board were:
• Raze the existing house and move the new house to a conforming location, or
• Keep the house and seek the ZBA finding for the pre-existing, non -conforming structure.
Mr. Feck said it would be advantageous to keep the house as a starter home, which would be in
demand given the current market.
Mr. List referenced the Planning Board's letter of support to approve the finding. Mr. Gary
Eagan, an abutter, submitted a comment letter to the Board on 09/14/25. Mr. List noted that the
abutter letter referenced a 2007 variance for a similar situation. He felt that this situation
consisted of different facts for a residential cluster. Ms. Raposa said that the finding is only for
the non -conformity and has no bearing on the second lot or house. Mi•. Feck said that he had
spoken with some of the abutters and none expressed opposition to the project.
There were no public comments.
Mr. Vananzola asked how close the proposed driveway would be to the existing property. Mr.
Feck said that it would be about five to ten feet.
Motion by Mr. Correira and seconded by Mr. McGarry to close the public hearing.
Vote: 5-0-0 [Aye 5, Nay 0, Abstain 0] PASSED
Motion by O'Malley and seconded by McGarry to grant the request of Michael and Array Feck
for a Finding under M.G.L. c.40A, §6 and Mansfield Zoning Bylaw §230-4.2(A) that the
Planning Board's approval of a Residential Compound Special Permit at 668 Elm Street does not
make the existing single-family dwelling more nonconforming, and that the continued existence
of the dwelling is not substantially more detrimental to the neighborhood.
ZBA Meeting Minutes 9/16/25 Page 3 of 5
The Board deliberated and determined that the Planning Board's special permit approval for the
residential cluster provides relief for the frontage issue. it also allows the applicant to maintain the
existing house as a significant starter home and creates open space. The letter of support from the
Planning Board is a benefit.
Vote: 5-0-0 [Aye 5, Nay 0, Abstain 0] PASSED
In accordance with the provisions of Chapter 40A of the General Laws, as amended, the Zoning
Board of Appeals will hold a public hearing on Tuesday, August 19, 2025, at 7:00 p.m. on the
appeal of Attorney Kevin S. Freytag on behalf of James N. White, Kirsten Murawski, Nicole
Mullen, Nirav Desai, and David S. Haring, of the Building Inspector's grant of a building permit
in connection with the construction of a 16,800 square foot facility with thirty-two (32) parking
spaces at 19 Knight Way. The property is owned by FOD, LLC and located on Assessor's
Map/Parcel 003/051 in the Residential 1 (Rl) Zone.
The applicant submitted a request to continue the hearing to the October meeting. Mr. Valanzola
is recused from this hearing.
Motion by Mr. O'Malley and seconded by Mr. McGarry to continue the public hearing without
testimony for the appeal of the issuance of a building permit at 19 Knight Way to 7:00 pm on
October 21, 2025.
Vote: 4-0-0 [Aye 4, Nay 0, Abstain 0] PASSED
Minutes — August 19, 2025
Motion by Mr. McGarry and seconded by Mr. O'Malley to approve the minutes as submitted.
Vote: 4-0-1 [Aye 4, Nay 0, Abstain 1] PASSED
General Business
Ms. Raposa updated the Board on changes to the 2026 meeting schedule for holiday and school
vacation conflicts.
Ms. Raposa distributed a draft proposal for a zoning bylaw amendment that would allow the
ZBA to grant special permits, rather than variances, for sign bylaw relief. She noted that she had
proposed the same amendment at the Planning Board's public hearing on zoning amendments,
but it was not well received by a member of the community, which led to further Planning Board
discussion.
Because of the extensive discussion at that hearing and the various circumstances that apply to
signs, Ms. Raposa requested feedback from the ZBA. She explained that the reasoning behind
allowing special permits is that variances require strict compliance with specific regulations,
whereas special permits remove the need to demonstrate special circumstances.
ZBA Meeting Minutes 9/16/25 Page 4 of 5
Ms. Raposa emphasized that this proposed bylaw change is not essential for submission to the
fall Town Meeting and suggested continuing to refine it in collaboration with both Boards. Mr.
List commented that the existing sign bylaw is confirsing and could benefit from an update.
Ms. Raposa also summarized a separate bylaw proposal regarding school bus parking, noting
that it presents several challenges to accommodate as a bylaw use. She stated that, following
discussion at the first public hearing and subsequent research, she may have reached a
conclusion that would eliminate the need for a bylaw change. There was discussion about
whether such use should instead be permitted under the Dover Amendment. Ms. Raposa further
noted that the Town currently generates approximately $30,000 in excise tax revenue from
existing bus parking.
Finally, Ms. Raposa apprised the Board of additional proposed articles for the Town Meeting.
One proposal is for a 40Y overlay district to allow starter homes on a tract of land off Gilbert
Street. Another proposal is to correct the previously submitted MSROD overlay district
compliance model. The State determined that the submitted model included land that did not
meet the required criteria, which must be omitted and replaced in order to satisfy the criteria and
housing stock count.
Motion by Mr. McGarry and seconded by Mr. O'Malley to adjourn at 7:53 pm
Vote: 5-0-0 [Aye 5, Nay 0, Abstain 0] PASSED
The next Zoning Board of Appeals Meeting will be on October 21, 2025, at 7:00 p.m.
16171
Cler < Eyi o1 YCi !>itcj Cf� Date of Approval
Documents Submitted for the Meeting
170 School Street application and supporting documents
668 Elm Street application and supporting documents
19 Knight Way application, supporting documents, and continuance request
Minutes from 08/19/25 ZBA Meeting
ZBA Meeting Minutes 9/16/25 Page 5 of 5