HomeMy WebLinkAboutZBA_071712MANSFIELD ZONING BOARD OF APPEALS
JULY 17, 2012
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The Zoning Board of Appeals held its regular meeting in the Town Hall, MAW4, MR I A D 211
7:30 -pm. Present at the hearing were the following members: Jack Vultaggio, Chairman, . i J
Elisabeth Garber - Miller, Clerk, David Luca; Philip Shannon; Associate Mem�ersl� &O. j
Rathbun and John McKenna.
1. Meeting opened at 7:30 pm.
2. Joseph and Kimberly Mulkern, 75 Williams Street, Map 10, Parcel 7.
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The application is for a Variance from Sections 4.2.13.0 and 3.1 of the Zoning By -law to create
two lots with less than the required frontage, width and depth and to allow a shared driveway
at 75 Williams Street in the Residential 1(R1) Zone.
The application was labeled as Exhibit "A ", a newspaper advertisement was labeled as Exhibit "B
and the plan, "Zoning Plan Williams Street", dated May 12, 2012, signed and stamped by
Michael A. Trowbridge, R.P.L.S, Hutchins - Trowbridge Associates, Inc., 200 Chauncy Street,
Mansfield, MA 02048, was labeled at Exhibit "C ".
Associate Member Mr. Rathbun was appointed a voting member for this hearing.
Mr. Mulkern, in a letter dated July 17, 2012, requested that his application for a Variance for 75
Williams Street be withdrawn without prejudice. The letter was read into the record.
Ms. Garber - Miller made the motion to accept the withdrawal as stated in the letter of July 17,
2012 for 75 Williams Street. Mr. Luca seconded the motion. Motion passed 5 -0 -0.
3. Mansfield Properties, LLC, 101 -103 North Main Street, Map 24, Parcel 42.
The application is for a Variance from Section 4.2.2, Density and Dimensional Regulations,
Business and Industrial Districts, Maximum Floor Area Ratio, of the Zoning By -Law for the
construction of twelve (12) residential units in two (2) buildings, which will exceed the maximum
floor area ratio, at 101 -103 North Main Street in the Business 2 (B2) Zone.
The application was labeled as Exhibit "A ", a newspaper advertisement was labeled as Exhibit "B
and the plan, "Zoning Plan 101 -103 North Main Street ", dated May 17, 2012 and revised May
24, 2012, signed and stamped by Michael A. Trowbridge, R.P.L.S, Hutchins- Trowbridge
Associates, Inc. 200 Chauncy Street, Mansfield, MA 02048, was labeled at Exhibit "C ".
Planning Board letter: With six (6) members present and following a discussion, the board voted
unanimously to send a positive recommendation on this variance application with the
suggestion that if relief is granted, the Zoning Board consider the following conditions: the front
doors and porches of the two end units be turned toward North Main Street to provide a more
attractive facade and live screening be planted to provide a buffer for the abutters to the north
and south. The Planning Board has been working on downtown issues for a number of years
and is in favor of redevelopment for residential uses. However, the board feels the
i redevelopment should be done in a way that is beneficial to the entire downtown
neighborhood, while at the same time makes it more attractive for the residents. The Planning
Board feels strongly that if the applicant is not willing to work with the Zoning Board on these
changes, a variance should not be granted.
Associate Member Mr. Rathbun was appointed a voting member for this hearing.
Chris and Steven Cunningham of Mansfield Properties, LLC and Michael Trowbridge of Hutchins -
Trowbridge Associates, Inc. were present.
Mr. Trowbridge told the board the application is for twelve townhouse - style, three bedroom
units, six per building, with an open space. He said the proposed buildings would be a minimum
of twelve feet from the back side of the sidewalk and ten feet off the side property line. There
will be one affordable housing unit. He said the lot is deep but very narrow with railroad tracks
at the rear of the property. He explained that the maximum floor area ratio for a residential use
in the Business 2 Zone is 0.5; this proposal would be an increase of 4,000 square feet. Mr.
Trowbridge said the Planning Board's suggestion to turn the end units would make it very
difficult architecturally; by turning the units it would make it impossible to provide a second
egress in the back of the units.
Michael Bolea, Bolea-Amici Funeral Home, 115 North Main Street, said most of the existing
buildings in this area are right on the sidewalk. He would like the buildings to be constructed at
least twelve feet from the sidewalk with nothing other than landscaping between the proposed
buildings and the sidewalk. He asked that a six -foot solid vinyl fence with vinyl lattice on top be
installed and maintained between the properties, leaving enough room to maintain the existing
hedge on his property. He asked that the dumpster be adequately enclosed with appropriate
fencing.
Mr. Trowbridge said the buildings would be twelve feet from the sidewalk with an additional
five to nine feet to the edge of the pavement. He said the applicant will provide a buffer on the
south and north sides of the property, using either fencing or, as the Planning Board suggested,
live screening. The dumpster, located on the south side of the parking lot, will be enclosed by a
fence.
Mr. Arthur Hayes of 89 North Main Street said there is a four -foot drop from the 101 -103 North
Main Street property to his property and was concerned the proposed fencing would not
provide an adequate buffer. He would like arborvitae or other fast - growing shrubs or trees that
would grow quickly to a 10 -12 foot height. Mr. Bolea said he would like the arborvitae, but
because they require a lot of sun, he does not think they would grow well in the area. Mr.
Hayes asked that the heat /air conditioning equipment be close to the new buildings and not
constructed in the buffer.
Chris Cunningham said there will be landscaping, benches and lighting within the twelve foot
area between the buildings and the sidewalk.
Mr. Vultaggio said more mature shrubs should be used for the landscaping on the North Main
Street side of the buildings and said the landscaping and the entryway /courtyard would provide
a more aesthetically pleasing facade. He said from a security perspective, the fence should
totally enclose the parking lot.
Ms. Garber - Miller said she agreed with the Planning Board's suggestion that a live screen be
used as a buffer instead of the vinyl fencing, which will be visible from North Main Street.
Mr. Trowbridge suggested installing the vinyl fencing along the south side of the lot line,
adjacent to Mr. Bolea, from the rear lot line to within approximately nine feet from the front of
the building, then turning the fence in to meet the side of the building. Plantings would be
placed in this area to hide the fence. On the north side of the property, adjacent to Mr. Hayes,
the fence would be installed along the lot line from the back of the parking lot to the rear of the
building, where a buffer of arborvitae would be planted down to approximately nine feet from
the front of the building and turned in to meet the side of the building. Mr. Trowbridge
sketched this proposal on a copy of the May 17, 2012 "Zoning Plan, 101 -103 North Main Street"
showing these changes. He will submit a revised plan.
Mr. Luca said he was concerned the residents of the units would use the twelve foot frontage as
a recreational area. He said Mr. Cunningham is asking for relief to construct additional floor
space but does not need to build twelve units. He said reducing the number of units would
allow for more common space. Chris Cunningham said the condo documents would specify the
common areas cannot be used for grills, lawn furniture or other personal items. He explained
there will be a ten -foot common walkway along the back of each unit.
Mr. Hayes said he does not think the Planning Board's concerns about the building facade have
been addressed. He said more effort should be made to address these concerns. He suggested
an architectural fence behind the plantings and a different type of siding. He agreed that the
end units should not be turned because of the egress issue. Mr. Cunningham said a lot of
thought went in to the plan including the positioning of the buildings, the location of the
windows, landscaping and the entrance way to the units. He said the entrance was designed to
be the main focal point of the buildings.
Mr. Vultaggio asked for a revised plan showing the distance between the buildings and the back
side of the sidewalk, the distance to be a minimum of twelve feet, as well as the fencing and
planting information.
Mr. Rathbun asked about lighting for the parking area. Mr. Trowbridge said the lighting
information will be included on the revised plan.
Hearing ended at 8:25 pm.
Mr. Rathbun made the motion to approve the Variance from Section 4.2.2, Density and
Dimensional Regulations, Business and Industrial Districts, Maximum Floor Area Ratio, of the
Zoning By -Law for the construction of twelve (12) residential units in two (2) buildings, which
will exceed the maximum floor area ratio, at 101 -103 North Main Street, Map 24, Lot 42, in the
Business 2 (62) Zone. A revised plan is to be submitted showing the distance between the
buildings and the back side of the sidewalk, to be a minimum distance of twelve (12) feet, and
the location of the vinyl fencing, plantings and lighting. Mr. Luca seconded the motion.
Discussion:
Mr. Luca said this is an odd - shaped lot and the proposed dormers rather than flat roofs will
make the buildings more attractive to the downtown area.
Motion passed 5 -0 -0.
4. JAB Construction, 47 High Street, Map 21, Parcel 139.
The application is for a Finding from Section 3.3.2, Two - Family Dwelling, of the Zoning
By -Law for the conversion of a pre- existing, non - conforming, structure to a two - family
residence at 47 High Street in the Residential 3 (R3) Zone.
Catherine Gover has requested a continuance to August 14, 2012.
Ms. Garber - Miller made the motion to continue the hearing for 47 High Street until August 14,
2012. Mr. Luca seconded the motion. Motion passed 5 -0 -0.
Mr. Luca made the motion to approve the June 19, 2012 minutes as written. Ms. Garber - Miller
seconded the motion. Motion passed 5 -0 -0.
The board signed the decisions for 11 Bonney Lane (Finding) and 28 Jake's Way (Variance).
5. Adjournment
Motion to adjourn at 8:50 pm (Luca /Rathbun). Motion passed 5 -0 -0.
Next meeting will be August 14, 2012 at 7:30 pm.
Elisabeth Garber - Miller, Clerk Date