Loading...
HomeMy WebLinkAboutminofzba04072009 TOWN OF MANSFIELD ZONING BOARD OF APPEALS ~,J1 MINUTES APRIL 7, 2009 The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:30 P.M. Present at the hearing were the following members: Jack Vultaggio, Chairman; Elisabeth Garber-Miller, Clerk; Peter DeTrolio; Dave Rapoza; Jeff Garr, Associate Member; and Philip Shannon, Associate Member. Mr. Garr was appointed voting member in place of Mr. Mackie for this hearing. The application of Jason and Tracy Carifa for a Finding from Sections 4.2.1 and 3.10.4 of the Zoning By-Law for the construction of a second story addition to a pre-existing, non- conforming single family home, with less than the required front yard setbacks at 120 Samoset Avenue in the R-2 Zone began at 7:30 p.m. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Proposed House Addition at Hse. No. 120 Samoset Avenue in Mansfield, MA dated March 3, 2009 and prepared by RIM Engineering Co., Inc., Mansfield MA 02048, was labeled as Exhibit "C. Ms. Garber-Miller read a letter from the Planning Board into the record. "With six (6) members present, the Board voted unanimously to send a positive recommendation on this application because the addition will be within the existing footprint. If you have any questions, please contact the Planning Department. H. Thomas French, Jr., Chairman." Mr. and Mrs.Carifa explained that they have a very small house and would like to enlarge it. They are expecting their second child in August and they are outgrowing their house. The would like to add a second floor on to their existing one-story house. The addition will go straight up with no overhang and will remain within the existing building footprint. They further explained that they have not done elevation drawings because they did not want to go to the expense if they were denied. Mr. Rapoza stated that they should have an architect do certified elevation drawings and they should request a continuance until the plans are submitted. They will be held to build what the drawings show. The applicant requested a continuance in writing The hearing was continued at 7:45 P.M. ~ ;' fJ ": I('C ; ; ',j L... " '1 ') ;':-L MINUTES OF APRIL 7,2009 Page 2 of6 Mr. Shannon was appointed voting member in place of Mr. Mackie for this hearing The application of Barlo Signs Agent for Sharon Credit Union for a Variance from Section 4.7.2.1 of the Zoning By-Law for the construction of a single free-standing sign larger than what is allowed with less than the required front yard setbacks at 100 Forbes Boulevard in the Planned Business District (PBD) Zone began at 7:45 p.m. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; a Grading and Utility Plan dated 5/26/81 and revised on 6/1 0/81 and prepared by J. Glenn Hughes Associates Architects, 77 East Main Street, Norton, MA, 02766, was labeled as Exhibit "C"; and a Directional Sign dated 12/29/08 and prepared by Barlo Signs, Hudson, New Hampshire and labeled as Exhibit "D". Ms. Garber-Miller read a letter from the Planning Board into the record. "With six (6) members present, the Board voted unanimously to send a positive recommendation on this application because the proposed location of the sign would allow for and encourage the safe and easy identification of the bank building, driveway and parking area. If you have any questions, please contact the Planning Department. H. Thomas French, Jr., Chairman." Tim Sullivan of Barlow Signs, Hudson, New Hampshire introduced himself and presented plans of the sign to the Board. The proposed sign is directional in nature and measures 10.25 square feet. It replaces an existing directional sign of 6.3 square feet at the same location and setback. The credit union is located over 180 feet back from the Forbes Boulevard entrance into the parking area. The primary pylon sign, already permitted is located north of the proposed directional at the corner of Chauncy Street and Forbes Boulevard and does no aide in the identification of the entrance into the parking area. Therefore the main source of identification for the motorists is the directional at the entrance on Forbes Boulevard. The proposed larger directional would allow for, and encourage, the safe and easy identification of the Sharon Credit Union and also, access to the Sharon Credit Union building's parking and services from Forbes Boulevard. The setback of the proposed sign would also enhance the needed identification. Also, the proposed sign is the same height as the existing sign. The Board requested a new plan from the applicant that was much clearer than was submitted that shows the exact location of the new sign. The hearing closed at 7:50 p.m. ~ MINUTES OF APRIL 7, 2009 Pae:e 3 of 6 A motion was made by Mr. Shannon and seconded by Mr. Rapoza to grant a Variance to Barlo Signs under Section 4.7.2.1 of the Zoning By-Law for the construction of a single free-standing sign larger than what is allowed with less than the required front yard setbacks at 100 Forbes Boulevard in accordance with Specified Plans B-08-11-2966, showing height and width dimensions, color, and before and after photos, prepared by Barlo Signs, 158 Greeley Street, Hudson, New Hampshire dated 1/19/09 and labeled as Exhibit "C" with the condition that the applicant submit Certified up-to-date Plans that show the exact location of the new sign. Motion granted 5-0 (Vultaggio, Garber-Miller, DeTrolio, Rapoza, Shannon). Mr. Shannon was appointed voting member in place of Mr. Mackie for this hearing. The application of Ken Hecht, Mansfield Marketplace for a Variance from Section 4.2.1 of the Zoning By-Law for the construction of two (2) free-standing signs larger than what is allowed on School Street in the Planned Business District (PBD) Zone began at 8:00 p.m. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; a 2 Plans showing Double Faced Monument Signs, Design No. 02270902 dated 2/27/09 and Revised on 3/3/09 and prepared by Sterling Sign Systems, LLC, Nationwide Sign Advertising, 70 Broadway Street, Westford, MA and labeled as Exhibit "C"; and a Site Plan dated 7/02/07 and prepared by Bohler Engineering, P.C. and labeled as Exhibit "D". Ms. Garber-Miller read a letter from the Planning Board into the record. "With six (6) members present, the Board voted unanimously to send a positive recommendation on this application because the proposed sign will be in keeping with the design of the development. In addition, the developer and the Planning Board worked cooperatively during the permitting process to ensure the design theme of Mansfield Marketplace would be consistent with the Mansfield Crossing development. The proposed sign will be similar in style to the Mansfield Crossing signs, providing an additional stylistic connection between the developments. Finally, the Planning Board would like to suggest that the developer be required to turn off this internally lit sign one hour after the last business in Mansfield Marketplace closes. If you have any questions, please contact the Planning Department. H. Thomas French, Jr., Chairman." (insert Ken Hecht Letter) Damon Izby of Sterling Signs and Ken Hecht, the Developer of Mansfield Marketplace introduced themselves and that they are requesting a variance for 2 monument signs, larger than what is allowed for their tenants going into the development. The are requesting these signs for visibility, safety reasons, and traffic flow. What they are proposing is more expensive and has a very high quality. They were originally going to put up a goal post type, but they want something that matches the Mansfield Mall across the street and they want something to be very attractive. T MINUTES OF APRIL 7,2009 Pae:e 4 of 6 A few of the stores going into their center is Sleepeze, Chipolte which is a Mexican grill, an AT&T store and a Friendly's Express which is a cross between Friendly's and Panera. There will also be a 15- foot wide sidewalk for outdoor seating. They further stated that the signs are similar to the Mall and are lit up at night and internally illuminated. Mr. Rapoza asked the applicants if it were possible to do a balloon test to see exactly where the balloons were going and to see the actual height. Is it possible to do a balloon height test. Ken Hecht asked the Board if it were possible to vote on this tonight and make it contingent on the balloons test. They have a very tight schedule and they are under the gun for time and this way they can order the sign so the sign company can begin construction. The hearing was closed at 8:15 p.m. A motion was made Mr. Shannon and seconded by Mr. Rapoza to grant a Variance from Section 4.7.2.1 of the Zoning By-Law for the construction of two (2) free-standing, internally illuminated, signs larger than what is allowed, contingent upon Site Plan review, showing the exact location of the signs, and with a condition that the lights will be shut off one hour after the closing of the stores at Mansfield Marketplace. Unanimously approved (5-0) Vultaggio, Garber-Miller, DeTrolio, Rapoza, Shannon. The Board took a five minute break. Applicant of William D. Clemmey, Henry Street and Fowler Street, was continued at 8:30 p.m. Mr. Clemmey requested a withdrawal because of the large number of abutters who were opposed to this that he has not had the opportunity to talk with. The Board suggested that maybe he should request a continuance in writing until he can resolve the issues with the neighbors. Mr. Rapoza stated that if Mr. Clemmey had a neighborhood meeting and only 5 or 6 people attended, and now they are present here to speak out against him, he feels that he is not interested in listening to what they have to say. Mr. Clemmey tried to meet with them and they should have attended his meeting. The hearing was continued at 8:40 p.m. The Fairfield Discussion was continued. Mr. Vultaggio received an e-mail from Andy Montelli and Fairfield is proposing an agreement. They will forward this agreement as soon as it is completed. ~ MINUTES OF APRIL 7,2009 Pae:e 5 of 6 Maple Leaf Realty Trust, 559 Maple Street, was continued at 8:40 p.m. Ed Valanzola introduced himself and he represents the applicant. Mr. Valanzola explained that at the end of the last meeting, one of the members wanted to walk the property. It is a very impressive piece of property and the applicant does not want to do a residential compound. They can, by right, put in a residential compound. They would prefer not to because there would be less effect on the wetlands. Mr. Valanzola explained that he sat down with the Fire Chief, Neil Boldrighini, and the he has no problem with getting his vehicles down the road if there is a fire or an ambulance is needed. Also, the Conservation Agent, Michele Grenier, said that she favors this alternative because you have to replicate less of the wetlands by not putting in a residential compound. The elevations are low and it would be much to close to the wetlands. Mr. Valanzola further stated that getting a variance for this one lot makes more sense and would be less intrusive on the land and the town. The applicant would not have to put in a road, which would disturb the wetlands and only a driveway would be required. They wouldn't be before the Board if they didn't have to. They do not want to do a residential compound. This makes more sense and it is not your typical pork chop lot. From street to the house is over 300 feet. Mr. Rapoza stated that his only problem is if they do this by right, can they back before us with more requests. Mr. Garber-Miller had a lot of reservations with the sharing of a driveway. She feels that when people don't get along sharing a driveway creates a lot of problems. Mr. Vultaggio stated that this ridiculous. This is what is best for the land by not forcing a residential compound. This does more to hurt the land and it is 12 acres of land. Also, the applicant can come back either way. Just because it is by right doesn't mean it is the best way. They have gotten a lot of feed back and the hardship is that this a funky layout with the wetlands is the hardship. Further, this a family proposition. This is for their son and daughter and for the applicants to downsize their home. The hearing closed at 9: 15 p.m. A motion was made by Mr. Garr and seconded by Mr. Rapoza to accept variance as proposed. Motion fails 3-2. All in favor (Vultaggio, Rapoza, Garr) All opposed (DeTrolio, Garber-Miller) MINUTES OF APRIL 7,2009 Page 6 of6 A motion to adjourn was made by Mr. DeTrolio and seconded by Mr. Rapoza to Adjourn. The meeting was adjourned at 9:30 P.M. Respectfully submitted, 1-;fIO.~~ LJ~~ ~h G~ber-Miller, Clerk