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HomeMy WebLinkAboutZBA_021913MANSFIELD ZONING BOARD OF APPEALS ;':_;',= i'':?I:.D MINUTES "" i �2,s `.: FICl_ FEBRUARY 19, 2013 2 The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA Of 7 1$` pm:r Present at the hearing were the following members: Jack Vultaggio, Chairman; Elisabeth Garber- Miller; 'Clerk David Luca) Kevin Mackie; Associate Member James Rathbun; Associate Member John McKenna. 1. Meeting opened at 7:50 pm. Town Manager William Ross presented Mr. Vultaggio a proclamation from the Board of Selectmen, thanking him for his 20 years for service on the board. Mr. Ross also presented Mr. Vultaggio with a pin. 2, James P. Lazzara, 68 Spring Street, Map 28, Parcels 71, 149. The application is for a Special Permit under Section 7.2.26 of the Zoning By -law for a change, extension or alteration to a pre- existing, non - conforming structure or use. The proposal is to amend the Zoning Board of Appeals special permit dated October 5, 2010, which allowed the construction of 22 age- restricted residential units at 68 Spring Street in the Residential 3 (113) zone. This amendment seeks to renovate the existing barn into a community room and to construct a 22'x102' residential garage on existing parking area. The following documents were submitted: Application for a Special Permit, filed with the Town Clerk's Office on January 18, 2013; copy of the public hearing notice; a letter from the Mansfield Planning Board; "As- Built, Spring Street Mill Apartments, 68 Spring Street ", dated August 1, 2012 and revised January 17, 2013 and February 27, 2013, Hutchins Trowbridge Associates, Inc., Mansfield, MA. Mr. Vultaggio appointed Associate Member Mr. McKenna as a voting member for this hearing. James Lazzara, the property owner, was present. Ms. Garber - Miller read into the record the Planning Board letter, dated February 14, 2013 — following discussion, with six (6) members present, the board voted unanimously to send a positive recommendation on this application because it appears the proposal would be consistent with the existing use on the site and no new impervious surface will be added. Mr. Lazzara explained when the Special Permit was granted on October 5, 2010 for the age- restricted development, there were no plans for a common area. The requested amendment to the Special Permit is for the renovated of the existing garage for a community room for the residents to meet, have functions and entertain guests, and to allow for the construction of a 22'x102' garage for vehicle storage. The proposed garage, to be constructed on existing pavement, will be a one -story structure with no access to storage. There will be no addition or reduction in parking spaces and no grade changes. Mr. Lazzara said the usage of the existing garage was not addressed in the Special Permit because it was to be left as is. He said the development has been built out. It is noted on the plan the existing garage will be used as a community room. Mr. Luca said the existing garage is very close to the side property line and to Spring Street, and he was concerned the community room could become an issue for the abutter. He said he was also concerned that in ten years, if Mr. Lazzara no longer owns the property, the use of the community room could change Mr. Lazzara said the direct abutter is aware of the proposal and does not have any problems with the project. He said any changes would not be allowed because of zoning issues. Because the plan will be recorded at the Registry of Deeds, Ms. Garber - Miller asked that a revised plan showing the dimensions of the existing garage and the setbacks be submitted. Mr. Vultaggio said because this is an adult community with only 22 units, he does not see a problem with the proposal. Ms. Garber - Miller said the community room will be for residents and their guests only. Joni Lahlum, 189 Union Street Extension, asked if, in the future, Mr. Lazzara or a new owner could expand the community room or the new garage to add additional residential units. Mr. Vultaggio said the Special Permit limits what can and cannot be done on the property, and any changes would have to come back before the board. Ms. Garber - Miller told Ms. Lahlum the permit stays with the property not the owner. Hearing ended at 8:07 pm. Mr. Mackie made a motion to approve the amendment to the 68 Spring Street Special Permit issued October 5, 2010, to allow for the construction of a residential garage on existing pavement, and the renovation of the existing garage for a community room. Mr. Luca seconded the motion. Motion passed 5 -0 -0. Ms. Garber - Miller made a motion to modify the motion made by Mr. Mackie to require a new plan be submitted showing the side and front yard setbacks and the dimensions of the existing garage. Mr. Luca seconded the motion. Motion passed 5 -0 -0. Discussion: Mr. Mackie said the garage was there when the Special Permit was granted and has always been an accessory building. Ms. Garber - Miller asked that the decision include the condition that the new garage be limited to a one -story structure. Mr. Mackie made the motion that the new garage shall only be a one -story building. Ms. Garber - Miller seconded the motion. Motion passed 5 -0 -0. Ms. Garber - Miller told Mr. Lazzara a revised plan showing the side yard setbacks and the dimensions of the existing garage will need to be submitted before the decision can be signed. She asked that it be noted on the revised plan that the new garage is to be a one -story building. Other Business: The decision for 23 Horace Street (Variance) was signed. Mr. Luca made a motion to approve the minutes of February 5, 2013. Mr. Rathbun seconded the motion. Motion passed 5 -0 -0. Ms. Garber - Miller gave the board members a copy of the Mansfield Station Revitalization District, received at the February 13, 2013 Planning Board meeting. Reorganization: Mr. Vultaggio nominated Mr. Mackie for chairman. Mr. Luca seconded the motion. Motion passed 5 -0 -0. Mr. Vultaggio nominated Ms. Garber - Miller as clerk. Mr. Luca seconded the motion. Motion passed 5 -0 -0. Mr. Mackie thanked Mr. Vultaggio for his time on the board and his guidance. Adjournment: Meeting adjourned at 8:20 pm. (Luca /Rathbun) Passed. Next meeting will be March 5, 2013 at 7:300 pm. Elisabeth Garber - Miller, Clerk Date