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HomeMy WebLinkAboutZBA_020712 MANSFIELD ZONING BOARD OF APPEALS MINUTES FEBRUARY 7, 20:12 RECEIVED TiH'1'N CLERKS OFFICE The Zoning Board of Appeals held its regular meeting in lthe Town Hall, Mansfield, MA at 7:30 pm. Present at the hearing were the following members: Jatk Vultaggio, Chairr1Bti; tfJl$~t~a~E5-1 Miller, Clerk; Kevin Mackie; Philip Shannon; David Luca; Associate Member, James Rathbun. ~ ~ .\ ll'~ -.-, '''1 0 ,"' i}." r.. ~ 1" t t~ _ The application is for a Variance from Section 4.2.1, Dersity and Dimensional Regulations of the Zoning By-law for the creation of a lot with less than the required frontage and lot width at 425 Mill Street in the Residential Rl (Rl) Zone. Applicant has requested the hearing be continued. The application is for a Variance from Section 4.7.1,2, ma~imum sign area, of the Zoning By-law to install additional sign panels to an existing pylon sign' at 377 Chauncy Street in the Planned Business District (PBD) Zone. The application was labeled as Exhibit "A", a newspaper ~dvertisement was labeled as Exhibit "B" and a photo of the sign, dated March 23, 2012 and revised January 20, 2012, by Agnoli Sign Company, Inc. was labeled as Exhibit "C". Christina Moreau of Agnoli Sign Company, Inc. was prese~t as a representative of Stop & Shop. A letter dated January 26, 2012 from the Planning B~ard: The Planning Board with six (6) members present and following a discussion, voted thre~ (3) in favor and three (3) opposed to send a negative recommendation. The members voting to deny the variance were concerned the sign already exceeds the maximum allowed size and ab~ut setting a precedent. The members voting in favor of the variance felt because the sign's footprint would not change, the addition of panels would not have a negative impact. Ms. Moreau said the variance was filed to allow forr three additional tenant signs on an existing pylon sign to give the tenants visibility from the street; th$ building is 300 feet from the roadway. As stated in the Planning Board letter, the addition af the three signs will not change the footprint of the sign. . Ms. Moreau said by granting the variance, the ownet will ~e able to fill the remaining store in the plaza. She said the additional signs will not change the int4grity of the original sign and will not be detrimental to any of the neighboring properties. ' Ms. Moreau told the board the existing Citizen Bank sign will be moved up to make room for the new sign. The new sign will be 30 square feet which With the existing panels will exceed the square footage and size allowed. Ms. Moreau noted. that if the businesses in the plaza were in a 1 ..... T I single building in another location they would be allowed the 30 square foot sign, but because they are in the Stop & Shop plaza, they are penalized. Mr. Vultaggio asked if the original sign was ona vari~nce. Ms. Moreau said it was not. Mr. Vultaggio said the plaza is located in a business district land he does not have a problem with the sign. Ms. Garber-Miller asked Ms. Moreau what hours the currfnt sign is illuminated. Is it illuminated all night? Ms Moreau said generally the sign is off when the store is not opened. Mr. Rathbun said this sign is consistent with the sign for Shaw's Supermarket. The area is not highly residential so if the sign were to remain on at night there probably would not be any complaints. Mr. Vultaggio noted that the sign has been there a long time and there have been no complaints. He said he was concerned about the sight line; Ms. Moreau said there is 2.5 feet between the bottom of the proposed panel and the ground. THte pylon sign is located on the right side of the entrance near the Stop & Shop gas station. Hearing closed at 7:55 pm. Mr. Mackie made the motion to approve the variance for the installation of additional sign panels to the existing pylon sign as shown on the plan dated March 23, 2010 and revised January 20, 2012. Mr. Shannon seconded the motion. Discussion: Mr. Vultaggio said the issuance of the sign does nCl>t meet the hardship requirement but that this has been an issue with all sign requests. Mr. Rathbun said they are not increasing the size of the pylon sign. Ms. Garber-Miller does not see this as setting a precedent because of the location of the stores, safety issues and the fact the size of the existing pylon sign will not be changed. Mr. Vultaggio said if they are not currently under a variance, does the board want to minimize or change the way the sign is illuminated. He said the board can append but it would be a separate discussion. He said he does not have a problem with a motion to amend to include different hours or limit the hours of illumination to the hours the store is opened. Mr. Mackie asked why the board would want to restrict the hours the sign can tl>e illuminated. I Motion passed 5-0-0. The board review a letter dated January 19, 2012 from Roy A. Cramer of Frieze Cramer Rosen & Huber regarding 20 Copeland Drive. The owner would like to further develop this property under a special permit rather than a variance. Mr. Vultaggio asked that Town Council be notified. A Request for Legal Services will be sent. 2 - I, The minutes of December 13, 2011 were approved 5-0-0. Motion to adjourn - LucajShannon. NEXT MEETING: MARCH 20, 2012. ~~J1u~ Elisabeth Garber-Miller Date 3 . C')..o . I 2- 3 ""