HomeMy WebLinkAboutZBA_050513�. MANSFIELD ZONING BOARD OF APPEALS t�
MINUTES
MARCH 5. 2013 ��FICE
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The Zoning oard of A F
g Appeals held its regular meeting in the Town Hall, Mansfield, MA af;`j;15 pm „Present at
the hearing were the following members: Kevin Mackie Chairman; Elisabeth” Garbe'rl*lllep,- -CJerk; Philip
Shannon; James Rathbun; Associate Member John McKenna.
1. Meeting was called to order at 7:30 pm.
2. Dora M. Dumont, 260 Gilbert Street, Map 3, Parcel 301
The application is for a Variance from Section 4.2.1, Density & Dimensional Regulations: Lot Frontage, Width and
Depth of the Zoning By -law for the creation of two lots with less than the required frontage, width and depth at
260 Gilbert Street (Assessor's Map 3, Parcel 301) in the Residential 1 (111) Zone.
The following documents were submitted: Application for a Variance; a copy of the public hearing notice;
February 28, 2013 letter from the Planning Board; "Zoning Plan 260 Gilbert Street plan, dated January 29, 2013,
and prepared by Hutchins- Trowbridge Associates, Inc.
Mr. Mackie appointed Associate Member Mr. McKenna as a voting member for this hearing.
Michael Trowbridge, Hutchins - Trowbridge Associates and the applicant, Dora Dumont, were present.
Mr. Mackie read into the record the planning board letter, dated February 28, 2013 — following discussion, the
board voted unanimously to send a positive recommendation with the condition that at least one of the structures
be removed to prevent the land from being divided again in the future.
Mr. Trowbridge explained there are two single - family dwellings on the parcel which were built between 1880 and
1900, pre- dating zoning in Massachusetts. He said two plans were submitted with the application, a 'By Right"
plan that would create two irregularly- shaped lots and a second plan that would create two regular- shaped lots
but would require a variance. He explained under Mass General Law, Chapter 41, 81L, a lot with two houses on it
that existed prior to the establishment of zoning, can be subdivided, without needing a variance. Mr. Trowbridge
said the applicant is not asking for any additional lots but is proposing to remove one, if not both, of the structures,
as the Planning Board suggested, to create two reguiarly- shaped lots.
Mr. Trowbridge said Lot 1 would have approximately 132 feet of frontage and Lot 2 would have approximately 140
feet of frontage where 200 feet of frontage is required in an R1 zone. Each lot would be approximately 85,000
square feet, exceeding the 60,000 square feet area required under the current zoning regulations. He explained
the Town of Mansfield took 100 feet from this property in 1972, for an Electric Department easement, but still left
sufficient frontage to create two lots with 120 feet of frontage, as was required under the zoning regulations at
that time.
Mr. Trowbridge told the board Ms. Dumont does not have an issue with the stipulation that one, or both, of the
existing structures are to be removed.
Hearing ended at 7:36 pm.
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Mr. Rathbun made a motion to grant a Variance from Section 4.2.1, Density & Dimensional Regulations: Lot
Frontage, Width and Depth of the Zoning By -law for the creation of two lots with less than the required frontage,
width and depth at 260 Gilbert Street, as shown on the plan, dated January 29, 2013, prepared by Hutchins -
Trowbridge Associates, Inc., with the conditions that one or both of the existing structures be removed and that
the land cannot be subdivided in the future. Mr. Shannon seconded the motion.
Discussion:
Mr. Rathbun said the hardship is the shape of the lot, as well as the fact that a portion of the property was taken
by the town.
Ms. Garber - Miller said the applicant, by right, could subdivide the property without a variance but the proposed
plan is a more logical solution than creating two odd - shaped lots. She said as long as it is stipulated that one of the
structures is to be removed, she does not have a problem with granting the variance.
Mr. Mackie said the proposed lots are much larger than many of the other lots in the neighborhood.
Mr. Rathbun said most of the lots in this area have 120 feet of frontage and 30,000 square feet of lot area, as
required by the old zoning requirements.
Motion passed 5 -0 -0.
3. Heather Dudko, Sunoco by UAP Company, 70 Copeland Drive, Map 21, Parcel 96.
The application is for a Variance under Section 4.7.1.2, freestanding sign, of the Zoning By -law, for the installation
of a sign larger than allowed at the Sunoco gas station at 70 Copeland Drive, in the Business 3 (B3) Zone. The
proposal is to replace the existing three -line pricing panel with a two -line LED pricing panel and one additional
panel within the existing free - standing sign. The new panel will be the same size as the existing panel. There is no
proposed change in location or increase in height or square footage of the existing sign.
The following documents were submitted: Application for a Variance, filed with the Town Clerk's Office on January
18, 2013; copy of the public hearing notice; February 28, 2013 letter from the Planning Board; "Modify /Update
Pricing Board Panel Only" plan, dated April 4, 2013 and prepared by Federal Heath Sign Company.
Mr. Mackie appointed Associate Member Mr. McKenna as a voting member for this hearing.
Heather Dudko, representing Sunoco, was present.
Mr. Mackie read into the record the Planning Board letter, dated February 28, 2013 — following discussion, the
board voted six (6) in favor with one (1) opposed to send a positive recommendation. Should relief be granted, the
ZBA should consider a condition that the sign be back -lit and not be flashing or moving, and that all signs not
allowed by the Zoning By -law be removed from the site.
Ms. Dudko explained the applicant wants to remove the existing manual pricing board and replace it with an
electronic pricing board with a "NASCAR" panel. The proposed electronic pricing board is static and there will be
no flashing, glaring, or animation; it will only change when gas prices change. The new panel is the same size as
the existing panel and the sign will not be altered structurally. She said the existing sign is a pre- existing, non-
conforming sign and exceeds the size allowed in a Business 3 district.
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Ms. Dudko said the sign has been in existence for many years and at this time needs to be updated. She explained
the proposed plan is to remove the twenty -three square -foot, three -line pricing panel and replace it with a two -
line panel with static digits and an official "NASCAR" panel underneath. The existing sign is already internally
illuminated, as the new sign will be. The digits will be red with a non - illuminated black background and white
illuminated lettering.
Mr. Mackie asked if there would be additional signs advertising cigarettes, etc. Ms. Dudko said Sunoco does use
temporary pricing posters on site.
Mr. Rathbun said there would be no increase in the dimensions of the sign
Ms. Garber - Miller said it is a pre- existing use and because it is in a business district, it should have been a Special
Permit application. Ms. Dudko said she originally applied for a Special Permit but after a discussion with Shaun
Burke, the Planning Director, and Nick Riccio, the Building Inspector, it was decided she should file for a variance.
Ms. Dudko said Sunoco, as well as other gas stations, are moving toward this type of technology for the safety of
their employees; it is easier and safer to change the prices by a computer instead of having employees physically
change the price cards on the sign and It is easily maintained and cost effective to operate.
Mr. McKenna said the new sign would not have a negative impact on the neighborhood.
Ms. Garber - Miller said the dimensions and the actual illumination of the sign, other than the LED pricing panel, will
not change and there will not be any type of animation or scrolling. She said this is the first application filed for
this type of signage and there will be more filed by other businesses. She wants to let future applicants know the
board's expectations.
Hearing ended at 7:55 pm.
Mr. Rathbun made a motion to grant a Variance under Section 4.7.1.2, freestanding sign, of the Zoning By -law for
the installation of a sign larger than allowed for the Sunoco Station at 70 Copeland Drive, in the Business 3 Zone, as
shown on the plan dated April 4, 2012, prepared by Federal Heath Sign Company. The proposal is to replace the
existing three -line pricing panel with a two -line LED pricing panel and a "NASCAR" panel within the existing free-
standing sign. The new panel will be the same size as the existing panel. There is no proposed change in location
or increase in height or square footage of the existing sign. The sign will be static with no flashing or animation.
Mr. Shannon seconded the motion.
Discussion:
Mr. Shannon said the business is updating the technology and there will be no increase in the size of the sign.
Ms. Garber - Miller said the configuration of the sign is the same; the business is just changing the way the lettering
is presented.
Mr. Mackie said LED displays use less energy and last longer.
Mr. Rathbun said this is not a residential area.
Motion passed 5 -0 -0.
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4. Old Business:
Mr. Rathbun made a motion to approve the February 19, 2013 minutes. Mr. Shannon seconded the motion.
Motion passed 5 -0 -0.
The Special Permit for James Lazzara, 68 Spring Street was signed.
S. Adjournment:
Meeting adjourned at 8:15 pm. (Shannon /McKenna). Passed.
Next meeting will be March 19, 2013 at 7:30 pm.
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Elisabeth Garber - Miller, Clerk Date
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