Loading...
HomeMy WebLinkAboutZBA02182014_201403191837Mansfield Zoning Board of Appeals Minutes February 18, 2014 The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:30 pm. Present at the hearing were the following members: Kevin Mackie, Chairman; Elisabeth Garber - Miller, Clerk; David Luca; James Rathbun; Associate Member John McKenna; Associate Member Darlene Pruitt. 1. Meeting opened at 7:30 pm. 2. Barlo Signs, The Pavilion, 321 -339 ( 315, 321, 333 -339) School Street, Map 12, Parcels 10, 12 and 13; Map 11, Parcel 1. The application is for a Variance from Section 4.7.2.1, freestanding sign, of the Zoning By -Law for the construction of a freestanding sign larger than allowed at 321 -339 School Street (Assessor's Map 12, Parcels 10, 12 and 13; Map 11, Parcel 1) in the Industrial 1 (11) Zone. 15' height & 30 square feet per side allowed — 17'10" height & 110 square feet per side requested. Application should be amended to read Mansfield Commercial Investments, LLC and the property address should be School Street, not Old School Street, numbers 315, 321, 333 -339. The application was withdrawn. 3. William McDermott, Jr., 18 Martha's Way, Map 3, Parcel 295. The application is for a Finding from Section 4.2.1, Frontage, of the Zoning By -Law to alter the pre - existing, non- conforming lot at 18 Martha's Way (Assessor's Map 3, Parcel 295) in the Residential 1 (111) Zone. The following documents were introduced at the public hearing: Application for a Finding, filed with the Town Clerk's Office on January 17, 2014; a copy of the public hearing notice; "Plan of Land in Mansfield, MA" (Vita, 18 Martha's Way, Mansfield ANR Plan), dated January 15, 2014, and prepared by RIM Engineering Co., Inc. Associate member John McKenna was appointed a voting member for this hearing. Property owner William McDermott and Ralph Maloon, RIM Engineering Co., Inc. were present. Mr. Maloon explained Mr. McDermott recently purchased this property from Richard and Beverly Vita and proposes to build a single - family house. Mr. Maloon said the zoning requirement for frontage changed from 150 feet to 200 feet while Mr. Vita owned the property but the existing lot is a buildable, non - conforming lot since it has 150 feet of frontage that was required at the time the lot was created and approved. Mr. Maloon said the applicant plans to divide the property into two lots; Lot 1 with the proposed house will have 150 feet of frontage and Lot 2, with no frontage will be donated to the Natural Resources Trust of Mansfield (NRT). An easement over Lot 1 will allow access to Lot 2. Mr. Leonard Flynn of 102 Jewell Street and NRT of Mansfield said Lot 2 will never be a buildable lot because it lacks frontage. He said there is a 20 -foot access easement from Lot 1 to Lot 2 for pedestrian and maintenance access. Lot 2 will become part of the Wading River Green Belt. Ms. Garber - Miller asked if this land would connect with other parcels that NRT already owns. Mr. Flynn said this parcel abuts the Attleboro water supply land, is considered a priority protection area because it is valuable aquifer land for both Attleboro and Norton wells and is potentially an endangered habitat. Gregory Donahue of 11 Martha's Way asked if vehicles would be allowed to access the NRT land. Mr. Flynn said only pedestrians and maintenance vehicles will have access. Hearing closed at 7:55 pm Ms. Garber - Miller made the motion that the proposed severance of Parcel 2 creates an increase in the pre- existing, non- conformity, due to the creation of a lot with no frontage on Martha's Way. Mr. Luca seconded the motion. Motion passed 5 -0 -0. Ms. Garber - Miller made the motion that the increase in the non - conformity is not significantly more detrimental to the neighborhood than the existing non - conformity. Mr. Luca seconded the motion. Discussion: Mr. McKenna said this project would be beneficial to the town. Mr. Mackie noted if the lot was not divided, it would be an oversized lot with a house on it. He said granting the Finding would not be detrimental. Motion passed 5 -0 -0 4. Walid Sam rout, 54 Chauncy Street, Map 22, Parcel 9. The application is for a Variance /Special Permit from Section 4.7.1.2, freestanding sign, of the Zoning By -Law for the change, extension or alteration of a pre- existing, non - conforming structure or use. The proposal is to replace the existing two -part, 57.10 square foot, 21 -foot tall sign with a two -part, 52.48 square foot, 20 -foot tall sign at the Mansfield Gas & Service at 54 Chauncy Street (Assessor's Map 22, Parcel 9) in the B1 Zone. The following documents were introduced at the public hearing: Application for a Variance /Special Permit, filed with the Town Clerk's Office on December 4, 2013; a copy of the public hearing notice; Planning Board letter dated January 16, 2014; Pictures showing existing and proposed signs for Mansfield Gas & Service. Associate member Darlene Pruitt was appointed a voting member for this hearing. Mr. Wissam Samrout was present Ms. Garber - Miller read the Planning Board letter dated January 16, 2014 into the record: Following discussion, with seven (7) members present, the board voted unanimously to send a positive recommendation and suggested that if relief is granted, conditions be added that the applicant be required to remove all non - permitted signs on the site; that the bottom portion of the new sign should be a fixed "reader board" message as shown on the plan; that no moving or animated signs be allowed; and that the bottom of the sign should be at least seven feet high. Mr. Samrout explained he wants to replace the existing sign with a smaller, electronic sign to display gas prices that will be changed by remote control. The bottom of the sign will be a two -line "reader board" to display messages. Mr. Mackie said the new sign cannot be animated, flashing or scrolling. Ms. Garber - Miller said the Planning Board recommended the bottom of the sign be at least seven feet high but the plan does not show the distance from the bottom of the sign to the ground. Mr. Samrout said the new sign will be the same height as the existing sign. Mr. Mackie said the Planning Board asked that all non - permitted signs on the site be removed but said the Building Inspector would enforce the removal of any non - conforming signs. Mr. Samrout said most of the non - permitted signs have been removed and he will remove any additional signs if required. Hearing ended at 8:10 pm 4 Mr. Rathbun made the motion to approve the Variance /Special Permit from Section 4.7.1.2, freestanding sign, of the Zoning By -Law for the change, extension or alteration of a pre- existing, non - conforming structure or use as proposed per plan for Mansfield Gas & Service at 54 Chauncy Street with the condition that the new sign be installed in the same location as the existing sign. Ms. Pruitt seconded the motion. Discussion: Mr. Rathbun said the existing sign is being replaced with an updated sign Ms. Garber - Miller said the new sign will be smaller than the existing sign and the applicant is proposing to remove any non - permitted signage. Mr. Luca said the new sign will match other business signs in Mansfield. Motion passed 5 -0 -0. 5. Gordon Hay, 135 Cottage Street, Map 24, Parcel 255. The application is for a Finding from Section 4.2.1, front yard setback, of the Zoning By -Law for the addition of a front porch at the pre- existing, non - conforming house at 135 Cottage Street (Assessor's Map 24, Parcel 255) in the Residential 2 (R2) Zone. The following documents were introduced at the public hearing: Application for a Finding, filed with the Town Clerk's Office on December 11, 2013; a copy of the public hearing notice; "Mortgage Inspection Plan, dated June 29, 1998, Colonial Land Surveying Company. Associate member John McKenna was appointed a voting member for this hearing. Mr. Hay explained he is replacing a smaller, pressure- treated front porch, roof and steps with a slightly larger porch at the pre- existing, non - conforming house at 135 Cottage Street. The new porch will be safer, allowing the front door to be opened without having to step down to the top step or step around the door but will be 18" closer to the property line. There is also a landing with stairs on the Cottage Street side of the property that will need to be brought up to code. Mr. Hay said he has started the work. Mr. Mackie said the board cannot approve the application tonight because the plan submitted by Mr. Hay does not show any of the dimensions or the setbacks to the property line. He suggested Mr. Hay ask for a continuance to the March 18, 2014 meeting so he can have a proper plan prepared. He said the plan would have to be a certified As -Built plan, showing existing and proposed structures, dimensions and setbacks. Mr. Hay agreed to continue the hearing to March 18, 2014. 6. Joseph Muikern, MULKS, LLC, 77 -79 West Street, Map 23, Parcel 163. The application is for a Special Permit from Section 3.30.4A of the Zoning By -Law to change, extend or alter a pre- existing, non - conforming structure or use by changing the use of the existing building from auto repair and auto sales to auto repair, auto sales and general office; and for a Variance under Section 4.7.1.2 of the Zoning By -Law to allow two (2) freestanding signs larger than allowed at 77 -79 West Street in the Residential 3 (113) Zone. The following documents were introduced at the public hearing: Application for a Special Permit /Variance, filed with the Town Clerk's Office on December 19, 2013; a copy of the public hearing notice; Planning Board letter dated January 16, 2014; letter from Goldstein & Herndon, LLP; "Zoning Plan for 77 -79 West Street in Mansfield, MA ", dated November 19, 2013, prepared by RIM Engineering Co., Inc. Associate member Darlene Pruitt was appointed a voting member for this hearing. Joseph Mulkern, the applicant, and Ralph Maloon, RIM Engineering Co., Inc. were present. Ms. Garber - Miller read the Planning Board letter of January 16, 2014 into the record: Following discussion, with seven (7) members present, the board voted unanimously to send a positive recommendation on the Special Permit because the addition of an office use at this site does not appear to be more detrimental than the previous non - conforming use. If relief is granted, the board would like to suggest conditions that all materials related to the business be stored inside and that the doors be kept closed when possible to reduce the impact of noise on the neighbors. In addition, the board voted unanimously to send a negative recommendation on the variance for two freestanding signs. The board would like to suggest the applicant consider installing one freestanding sign, not to exceed the height and area allowed in Section 4.7.1.2, with individual panels to advertise the businesses on this site. Mr. Maloon explained Mr. Mulkern is seeking approval to install two 3'x4' freestanding, double- sided, non - illuminated signs, one for the businesses at 77 West Street and one for the businesses at 79 West Street. The existing sign has been removed due to structural and wiring problems. Mr. Mulkern is also seeking a Special Permit from Section 3.10.4A of the Zoning By -Law to change, extend or alter a pre- existing, non - conforming structure or use by changing the use of the existing building from auto repair and auto sales to auto repair, auto sales and general office. Mr. Mulkern said there are four businesses at this location; Mulkern Mechanical, Achins Towing, Auto Works and general office space. The lot has 330 feet of frontage along West Street with two 30 -foot curb cuts. Mr. Mulkern said the two bay doors on the left side of the building facing the neighbor, will be used for employee parking. Mr. Mulkern has removed all the existing exterior lighting except for a security light at the rear of the building. Mr. Mackie said there is no hardship because Mr. Mulkern has the option to add signs to the gables on each side of the building. Ms. Garber - Miller said there could be one sign with non - illuminated panels to identify the businesses and two wall signs. Mr. Mackie said two signs would not comply with the By -Law. Mr. Luca said two smaller signs would fit the neighborhood better than the existing sign. Mr. McKenna said the smaller signs would be an aesthetic improvement. Mr. Rathbun said the board does not want to set a precedent by allowing two signs for this site. Ms. Garber - Miller said there is not enough information for the signs; the plan does not include the height from the bottom of the sign to the ground or the proposed dimensions of the signs. Mr. Mackie said if the Variance is approved, the board would ask for an updated plan showing the width, height and dimensions as well as the location of the signs. Approval would be contingent upon the receipt of the revised plan. Hearing ended at 8:55 pm. Mr. Luca made the motion to approve the Special Permit pursuant to Section 3.10.4A of the Zoning By -Law to change, extend or alter a pre- existing, non - conforming structure or use by changing the use of the existing building from auto repair and auto sales to auto repair, auto sales and general office at 77 -79 West Street in the Residential 3 (113) Zone. Ms. Pruitt seconded the motion. Discussion rd Mr. Luca said the office use would be no more detrimental than the automotive use that was there for many years and will be a benefit to the neighborhood. Ms. Garber - Miller said the auto sale and repair would be limited to the back of the building and the existing bays would be used for employee parking only. Motion passed 5 -0 -0. Mr. Rathbun made the motion to approve the Variance under Section 4.7.1.2 of the Zoning By -Law to allow two (2) freestanding signs larger than allowed at 77 -79 West Street in the Residential 3 (113) Zone, contingent upon receiving a more detailed plan showing the measurements and locations of the signs and setbacks. Mr. Luca seconded the motion. Discussion: Ms. Garber - Miller said this is a residential zone and the new signs will not be illuminated. Motion passed 5 -0 -0. Correspondence: Old Business: Tague, 2 Short Street Denial was signed. Approval of minutes: Ms. Garber - Miller made the motion to approve the minutes of October 1, 2013, November 18, 2013, December 3, 2013. Mr. Luca seconded the motion. Motion passed 5 -0 -0. Adjournment: Next meeting will be March 18, 2014 at 7:30 pm. Elisabeth Date 5