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HomeMy WebLinkAboutZBA_03182014_201406160841Mansfield Zoning Board of Appeals Minutes March 18, 2014 The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:30 pm. Present were the following members: Kevin Mackie, Chairman; Elisabeth Garber - Miller, Clerk; David Luca; Philip Shannon; Associate Member John McKenna; Associate Member Darlene Pruitt. 1. Meeting opened at 7:30 pm. 2, Craig Richard, 456 Elm Street, Map 15, Parcel 36. The application was filed for a Variance from Section 4.2.1, front yard setback, of the Zoning By -Law for the construction of an addition resulting in less than the required front yard setback at 456 Elm Street (Assessor's Map 15, Parcel 36) in the Residential 1 (R1) zone. The following documents were introduced at the public hearing: Application for Variance, filed with the Town Clerk's Office on January 29, 2014; a copy of the public hearing notice; "Zoning Plan 456 Elm Street ", dated January 24, 2014, and prepared by Hutchins - Trowbridge Associates, Inc. Associate Member John McKenna was appointed a voting member for this hearing. Homeowner Craig Richard was present. Mr. Richard explained the single- family house on the corner of Elm Street and Elmwood Court was built in 1956. He said the lot is approximately 29,000 square feet and is a pre - existing, non - conforming lot. Mr. Richard purchased the property in 2008 and at the time, the 2 bedroom house satisfied his family's needs. Mr. Richard is requesting a Variance to build a single -story addition with a third bedroom and expanded living room on the side of the existing house facing Elmwood Court, which would result in a 23 -foot setback on Elmwood Court. He said the addition would not negatively affect the neighborhood and the addition can be built in a manner that is aesthetically appealing and fits the character of the neighborhood. Mr. Richard said the hardship is the add shape of the lot and the placement of the house on the lot. He said he has spoken with his neighbors and all are in favor of the project. Bonnie Nelson, 463 Elm Street, said she has no objection to the project and it will be a good addition to the neighborhood. Michael Trowbridge of Hutchins- Trowbridge Associates, Inc. said when the house was built, Elmwood Court did not exist; with the construction of the roadway, the property at 456 Elm Street became a corner lot. Mr. Richard said he and his wife purchased the house five years ago, have made substantial investments to the home and do not want to move to another property. Mr. Mackie said this is a corner lot, and the front yard setback is required on both Elm Street and Elmwood Court. Mr. Richard said because the house was built prior to July 1, 1975, the front yard setback is 30 feet. 1 Mr. Luca made the motion to grant a Variance from Section 4.2.1, front yard setback, of the Zoning By -Law for the construction of an addition resulting in less than the required front yard setback at 456 Elm Street (Assessor's Map 15, Parcel 36) in the Residential 1 (111) zone, as per the plan dated January 24, 2014. Ms. Garber - Miller seconded the motion. Discussion: Mr. Luca said the proposed addition would not be more detrimental to the neighborhood than the existing conditions. Ms. Garber - Miller said because of the placement of the house, there is a lot of space to the left, but not to the right where the addition will go. Mr. Richard said the addition cannot go on the left side of the property because there is an existing deck, pool, garage and a well on that side of the house. Mr. Mackie said the use of the property is limited because it is on a corner lot. Mr. Luca said the hardship is based on the shape of the lot, the location of the house on the property and the construction of the street after the house was built. Motion passed 5 -0 -0 Hearing ended at 7:37 pm. 3. Mansfield Meadows Associates (Beacon Communities Investments LLC), 11 -13 Bonney Lane, Map 41, Parcel 72. The application was filed for a Special Permit under Section 3.10.4A of the Zoning By -Law to change, extend or alter a pre- existing, non - conforming structure or use by adding a clubhouse building at 11 -13 Bonney Lane (Mansfield Meadows) in the Residential 1 (111) Zone. The following documents were introduced at the public hearing: Application for a Special Permit, filed with the Town Clerk's Office on February 11, 2014; a copy of the public hearing notice; Planning Board letter dated February 27, 2014; "Post- development Drainage Site Plan Mansfield Meadows Clubhouse ", dated August 7, 2013 and revised December 23, 2013, and prepared by Hutchins - Trowbridge Associates, Inc. Associate Member Darlene Pruitt was appointed a voting member for this hearing. Ms. Garber - Miller read the Planning Board letter dated February 27, 2014 into the record: Following discussion, with seven (7) members present, the board voted unanimously to send a positive recommendation because the clubhouse will be an improvement to the existing use and an amenity for the residents. Michael Trowbridge of Hutchins - Trowbridge Associates, Inc., representing Mansfield Meadows, was present. Mr. Trowbridge explained this is a multi - family complex with a tennis court and pool. He said the tennis court will be replaced with a 3,432 square -foot clubhouse with a club room, cafe, internet area, fitness room, and a meeting room, a maintenance area for vehicles and storage and offices for management. He said the proposed clubhouse was designed to be near the existing pool area and will be for residents of the complex only. The project will not be detrimental to the area. Mr. Trowbridge said the application has received approval for the landscaping and the number of parking spaces from the Planning Board. Ms. Garber - Miller asked if the space would be rented out. Mr. Trowbridge said the meeting room is very small, so there would be no large gatherings. Mr. Trowbridge said the building is a considerable distance off Stearns Avenue, the area is well maintained and the landscaping will stay the same. He said the addition of the clubhouse will not generate more traffic. 2 Mr. Trowbridge said a full lighting plan was submitted with the site plan review and was designed so the lights will not shine on the abutting properties. Mr. Shannon asked if hazardous materials will be stored in the maintenance area. Mr. Trowbridge said the garage would be used for trucks and tools and equipment needed to maintain the property. Ms. Pruitt asked if the clubhouse would have set operating hours. Mr. Trowbridge said the hours have not been established at this time. He said the Board can put a restriction on the hours the facility can be opened. Mr. Luca said he was concerned non - residents would be using the clubhouse. Ms. Garber - Miller said the owners of the complex would discourage that because of the liability. Ms. Garber - Miller made the motion to approve the Special Permit under Section 3.10.4A of the Zoning By -Law to change, extend or alter a pre- existing, non - conforming structure or use by adding a clubhouse building at 11 -13 Bonney Lane (Mansfield Meadows) in the Residential 1(111) Zone, as specified in the plan, dated August 7, 2013 and revised December 23, 2013. Ms. Pruitt seconded the motion. Motion passed 5 -0 -0. Hearing ended at 8:00 pm. 4. Otis Street Realty Trust, 10 Otis Street, Map 6, Parcel 104. The application is for a Special Permit under Section 3.10.4A of the Zoning By -Law to change, extend or alter a pre- existing, non - conforming structure or use by demolishing the existing storage building and constructing a new one at 10 Otis Street in the Business 3 (133) Zone. The following documents were introduced at the public hearing: Application for Variance /Special Permit, filed with the Town Clerk's Office on February 11, 2014; a copy of the public hearing notice; "Zoning Plan 10 Otis Street ", dated February 10, 2014, and prepared by Hutchins - Trowbridge Associates, Inc. Associate Member John McKenna was appointed a voting member for this hearing. Michael Trowbridge of Hutchins - Trowbridge Associates, Inc. was present. Mr. Trowbridge explained there are two storage buildings on this property that were constructed in 1900, one of which has been replaced. He said the second building is not safe or suitable for use and will be replaced with a 40'x60' building, slightly larger than the existing footprint. Mr. Trowbridge said there will be a small increase in the setback off Otis Street because the small extension off the west side of the existing building will be removed. He said the depth of the building needs to be increased to accommodate the length of equipment that will be stored. The rear yard setback far exceeds the requirement and abuts railroad tracks. Stephanie Motyl, 19 Otis Street, wanted to know what the proposed building would be used for. Mr. Trowbridge said the building would be used for a landscaping/tree cutting business. Richard Plaistowe, 25 Otis Street, asked if the business operating there now will change or if the applicant is only altering the building. Mr. Trowbridge said the applicant will be using the building for bulk storage, which is allowed in a B3 zone. Mr. Trowbridge said this project will not be detrimental to the neighborhood because there will be no additional encroachment and the proposed building will be three feet farther back from the road. Mr. Shannon made the motion to approve the Special Permit under Section 3.10.4A of the Zoning By -Law to change, extend or alter a pre- existing, non - conforming structure or use by demolishing the existing storage building and 91 constructing a new one at 10 Otis Street in the Business 3 (63) Zone, in accordance with the plan, "Zoning Plan 10 Otis Street ", dated February 10, 2014. Ms. Garber - Miller seconded the motion. Discussion: Mr. Shannon said the new building will be no more detrimental to the property than the existing conditions and the new building will be updated to code. Ms. Garber - Miller said the existing building is not usable and the new building will be further back from the street. Motion passed 5 -0 -0. Hearing ended at 8:11 pm. 5. Long Gate LLC and Prologis L.P., 11 Norfolk Street, Map 44, Parcel 605. The application is for a Variance from Section 4.2.2, Minimum Open Space, to allow 30% open space where 35% is required; and for a Special Permit under Section 4.3, Landscaping and Screening, for an alternative landscaping buffer at 11 Norfolk Street (Map 44, Lot 605) in the Planned Business District (PBD). The following documents were introduced at the public hearing: Application for Variance /Special Permit, filed with the Town Clerk's Office on February 12, 2014; a copy of the public hearing notice; letter from Frank A. Marinelli, Attorney at Law, dated February 11, 2014; Planning Board letter dated March 13, 2014; "Site Modification Plan of Land of 11 Norfolk Street, Mansfield, MA, dated January 23, 2014, and revised March 20, 2014, and prepared by Bay Colony Group, Inc. Skip Coppola, Vice President, Market Officer for Prologis, William Buckley, Bay Colony Group, Attorney Frank A. Marinelli, and Bill Brown, a Registered Landscape Architect with Brown Sardina, were present. Associate Member Darlene Pruitt was appointed a voting member for this hearing. Ms. Garber - Miller read the Planning Board letter into the record: Following discussion, the board voted unanimously to send a positive recommendation for a Variance to allow 30% open space where 35% is required and for a Special Permit to allow for an alternative landscaping buffer at it Norfolk Street Mr. Coppola said this building has some functional constraints that need to be addressed to make the building more marketable to bring in tenants. Attorney Marinelli said the site has unique hardships due to the irregular shape of the lot and a bend in Norfolk Street at the front of the building as well as an elevated berm, the slope of the land between the roadway and the edge of the property, and the shape and placement of the building. He explained Prologis is seeking a Variance from the 35% open space requirement to permit approximately 30% open space to improve the commercial property which has an outdated truck court, parking and loading bays, as well as a Special Permit for the alternative landscape plan. He said Prologis plans to invest $500,000.00 in the project to create a modern and competitive truck court and to make the property more visually attractive to potential tenants. Attorney Marinelli said the building was built in the 1970s and is approximately 170,000 square feet on 10.5 acres of land. He said the length of commercial trucks has increased over the years from 43 feet to 53 feet and a modern truck court is approximately 120 -130 feet out from the building. Prologis has approximately 33% less space available, making the building less competitive. Since 2009, the property has had a 28% vacancy rate which increased to almost 50% eighteen month ago. To create the modern truck court, the 16.5 -foot buffer embankment will be removed and replaced with a five -foot vegetated buffer strip. Attorney Marinelli said the existing curb cut will be removed and re- vegetated and two (2) new curb cuts, aligned with the loading bays, will be added to the front of the building. Two (2) additional loading bays will be installed at each of the existing bays, for a total of 14 bays. Mr. Mackie asked where the trucks would enter the property. Mr. Coppola said trucks currently enter and exit at each end of the building. He said the new curb cuts will provide easier access and more movability for the trucks. Mr. Mackie asked about the planting schedule. Attorney Marinelli said the property has a total of six hundred sixty (660) linear feet of frontage along Norfolk Street requiring twenty -five (25) trees. He said using the standard of four (4) shrubs per 100 square feet, 486 shrubs would be required; however, because some of the buffer area is being paved, the total area is 6,322 square feet, with 252 shrubs required. He said a total of 300 shrubs and grasses would be planted as part of the improvements. The Planning Board, at their March 12, 2014, asked that 150 shrubs and 150 grasses be planted. Ms. Garber - Miller asked if the area on the right side of the building will remain. Bill Brown said the brush in this area will be cleared out and the trees will be trimmed. Mr. Shannon was concerned about the mature trees creating a blind spot. Mr. Brown said the property is set back far enough so the trees are not in the line of sight. He said the trees selected for this property will be narrow but grow fairly tall. Mr. Coppola said this would be an issue for management and Prologis has always maintained the landscaping on all their properties. He said the trees will be trimmed as needed. Attorney Marinelli said the stormwater from the new pavement will be handled in accordance with the DEP Stormwater Standards and the Town of Mansfield regulations. A subsurface stormwater basin will detain the water to balance the rate of runoff and proprietary catch basins will be used to clean the runoff before it enters the town's stormwater system. Ms. Garber - Miller made the motion to grant a Variance from Section 4.2.2, Minimum Open Space, to allow 30% open space where 35% is required at 11 Norfolk Street, as per the plan dated January 23, 2014, revised March 20, 2014. Ms. Pruitt seconded the motion. Discussion: Ms. Garber - Miller said this is a very small change to the property. Mr. Mackie said the layout of the building is not changing; the only change is to the front of the building and the parking area. Mr. Luca said the improvements will bring more tenants to the area and the changes will be less detrimental. Motion passed 5 -0 -0. Ms. Garber - Miller made the motion to grant the Special Permit from Section 4.3, Landscaping and Screening, for an alternative landscaping buffer strip at 11 Norfolk Street as per the plan dated January 23, 2014 and revised March 20, 2014. Mr. Luca seconded the motion. Discussion: Ms. Garber - Miller said the drainage will be improved and the look from the curb will make the property more attractive for future tenants. Mr. Mackie said they need the space to accomplish their goal. Motion passed 5 -0 -0. Hearing ended at 8:37 pm. 6. Old Business: Gordon Hay, 135 Cottage Street: Mr. Hay requested the continued hearing be postponed to April 15, 2014. Motion to approve the minutes of February 18, 2014. (Luca /Garber - Miller) All in favor. Passed. 7. Adjournment: Motion to adjourn at 8:45 pm. (McKenna /Luca) All in favor. Passed. Next meeting will be April 15, 2014. Elisabeth Garber - Miller, Clerk Date 11