HomeMy WebLinkAboutZBA 08042104 _201409220816Mansfield Zoning Board of Appeals
Minutes
August 5, 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 Darlene Pruitt,
1. Meeting opened at 7:45 pm,
2. Jeffrey T. DiCenzo, 16 Jake's Way, Map 32, Parcel 208.
The application of Jeffrey T. DiCenzo was filed for a Variance from Section 4.2.1, Rear Yard Setback, of the Zoning
By -Law, for the construction of an existing deck with less than the required setback from the rear lot line at 16
Jake's Way (Assessor's Map 32, Parcel 208) in the Residential 1 (111) zone.
The following documents were introduced at the public hearing: Application for Variance, filed with the Town
Clerk's Office June 11, 2014; a copy of the public hearing notice; "Certified Plot Plan of Land in Mansfield, MA ",
dated June 3, 2014, prepared by RIM Engineering Co., Inc.
Associate Member Darlene Pruitt was appointed a voting member for this hearing.
There was no Planning Board letter.
Jeffrey DiCenzo said the deck was built a year ago without a building permit because he thought the deck was
included in the building permit for the pool.
Ms. Garber - Miller explained that under the By -Law, once the house, deck and pool are attached, they are
considered a permanent structure, with a rear yard setback of 30 feet.
Mr. Luca suggested the pool be separated from the deck, making it a free - standing structure, that would require a
5 -foot setback from the rear property line. Mr. Mackie said if the pool and deck were separated, the pool would
be in compliance but the pool would have to be 10 feet from the deck /house.
Mark Sullivan, a contractor from Foxboro, MA, asked if the Board could stipulate the Variance was issued only for
the pool and deck structure and will be removed within 15 years. Mr. Mackie said the Variance is granted as per
plan and runs with the land. He said this is a big encroachment on the rear yard setback with the pool only 9.1 feet
from the property line where 30 feet is required. He said a hardship is based on the shape of the lot and
topography and this filing does not meet these requirements. He said the Board can vote on the requested
Variance as presented tonight or the applicant can request a continuance to re- evaluate the options to bring
everything into compliance.
Mr. DiCenzo requested a continuance.
Hearing ended at 8:05 pm.
3. Benjamin Carvallo and Keith Signoriello, West Street, Map 8, Parcel 57.
The application of Benjamin Cavallo and Keith Signoriello is for a Variance from Section 4.2.1 of the Zoning By -Law
to construct a commercial office /storage building on a pre- existing, non - conforming lot with less than the required
area, frontage and lot width at West Street (Assessor's Map, Lot 57) in the Planned Business District (PBD).
The following documents were introduced at the public hearing: Application for Variance, filed with the Town
Clerk's Office June 12, 2014; copy of the public hearing notice; "Conceptual Plan ", dated May 1, 2014, prepared by
Bay Colony Group, Inc.
Associate Member Darlene Pruitt was appointed a voting member for this hearing.
There was no Planning Board letter.
Owner Mr. Cavallo explained the site is a pre- existing, non - conforming, formerly residentially -zoned lot in a
Planned Business District. Recent changes to the Zoning By -Law have allowed this lot to be developed to construct
a small commercial building for offices with garage /storage space specifically for contractors. The lot is narrow
and deep, with 36,000 square feet of area and 120 feet of frontage, where 40,000 square feet of area and 200 feet
of frontage is required. Mr. Cavallo said he has received a waiver from the street cut moratorium from the Board
of Selectmen.
Mr. Shannon asked if it would be a two -story building and said the height of the building would allow for a
mezzanine. Mr. Cavallo said it would be a one -story building with 7 units.
Mr. Luca made the motion to approve the application for a Variance from Section 4.2.1, of the Zoning By -Law to
construct a commercial office /storage building on a pre- existing, non - conforming lot with less than the required
area, frontage and lot width at West Street, Map 8, Lot 57, in the Planned Business District in accordance with the
plan, "Conceptual Plan ", dated May 1, 2014, prepared by Bay Colony Group, Inc. Ms. Garber - Miller seconded the
motion.
Mr. Shannon said he was concerned the units could be turned into two- stories and suggested the height be
reduced. Mr. Mackie said the height of the building does not change the use of the property.
Mr. Luca said he is not concerned with the frontage and the lot width because the property has been owned for a
significant period of time pre- dating zoning. He said there is a hardship because of the deep and narrow shape of
the lot. He said while he understands Mr. Shannon's concerns, if a second story is added later to the building, the
owners of the units would have to come back to the Board.
Mr. Mackie said the area has been re -zoned and the shape of the lot limits what can be built there.
Mr. Shannon suggested the height of the building be reduced by six feet. To address Mr. Shannon's concerns, Ms.
Garber - Miller suggested the motion be amended to grant a Variance for seven single -story units only with no
mezzanine addition.
Mr. Luca amended his motion to approve the application for a Variance from Section 4.2.1, of the Zoning By -Law to
construct a commercial office /storage building on a pre- existing, non - conforming lot with less than the required
area, frontage and lot width at West Street, Map 8, Lot 57, in the Planned Business District in accordance with the
plan, "Conceptual Plan ", dated May 1, 2014, prepared by Bay Colony Group, Inc., with the condition that the seven
units be single -story with no overhead floor space or storage. Ms. Garber - Miller seconded the motion.
Ms. Garber - Miller said the applicant is very limited as to what can be done with such a small lot. She said this type
of use will not generate a lot of truck traffic.
Mr. Luca said his mention of "single - story" does not refer to the height of the building, only to the floor space of
the building.
Motion passed 4 -1 -0.
Hearing ended at 8:20 pm.
4. Wayside Estates LLC, Wayside Drive, Old Farm Road and Saddle Ridge Road, Map 2, Parcel 19.
The application of Wayside Estates LLC for Variances from Section 4.2.11 Frontage, and 1.5.17a, Lot Width, of the
Zoning By -Law is for the construction of five (5) new houses at Wayside Drive /Old Farm Road /Saddle Ridge Road
(Assessor's Map 3, Parcel 19) in the Residential 1 (Rl) zone.
The following documents were introduced at the public hearing: Application for Variance, filed with the Town
Clerk's Office June 13, 2014; copy of the public hearing notice; "Zoning Plan Saddle Ridge Road & Wayside Drive ",
dated June 12, 2014, and revised August 5, 2014, prepared by Hutchins Trowbridge Associates, Inc.; July 29, 2014
letter from Christine and Ernest Frasso, 41 Old Farm Road.
Associate Member Darlene Pruitt was appointed a voting member for this hearing.
There was no Planning Board letter.
Michael Trowbridge, Hutchins Trowbridge Associates, Inc., representing Wayside Estates LLC, explained this
property was permitted and approved for over 50 lots by the Planning Board in early 1970. At the time, the lots
were smaller than what is currently required. He said the owner started construction on the subdivision and most
of the utilities were installed in the road areas. However, when on -site percolation tests were done, it was
determined that a soil change had occurred throughout the site and all work stopped.
Mr. Trowbridge said in 2010 a new plan was prepared by Decell -Burke and Associates and this preliminary plan
with seven lots, approximately 750 feet of roadway and 2 cul -de -sacs, was approved by the Planning Board. High
ground water was found after test holes were done but it was determined the proposed drainage areas would be
sufficient. Mr. Trowbridge said he subsequently met with Richard Alves, Town Engineer, and Shaun Burke,
Director of Planning and Development, who suggested a plan with fewer lots be submitted to the Zoning Board of
Appeals.
Mr. Trowbridge explained the new plan dated June 12, 2014 and revised August 5, 2014, is for five building lots
that have less than sufficient frontage and lot width but meet or exceed the lot area requirement. There will be
three lots at the end of Saddle Ridge Road and two lots are proposed at the end of Old Farm Road/
Wayside Drive. Mr. Trowbridge said the remaining 29.07 acres would be donated to the Conservation Commission
or to Natural Resources Trust.
Mr. Trowbridge said one of the issues with Saddle Ridge Road is truck traffic and he is proposing a 50 -foot
easement with a gravel area at the end of Saddle Ridge Road so trucks and emergency vehicles can safely turn
around.
John Kowa], 2 Wayside Drive, said there is a high water table in this area and asked what will be done to prevent
additional water problems. Mr. Trowbridge said four of the five lots will have to go before the Conservation
Commission and with any new construction dry wells for roof drainage and stone trenches are required for
driveways in wetland areas. Mr. Kowal said he is not adverse to the proposed project and the new houses will
increase the value of the neighborhood.
Mr. Matthew Eaton, 10 Saddle Ridge Road, asked if the Planning Board has sent a recommendation for this
project. Mr. Trowbridge said they have not. Mr. Eaton said all of the houses on Saddle Ridge Road have had water
in their basements. He said he is concerned about fire and emergency vehicles being unable to turn around on
Saddle Ridge Road as well as snow removal.
Nita George, 24 Saddle Ridge Road, said she was also concerned about the snow storage. She said there needs to
be additional light poles on the street.
Mr. Edward Freitas, 16 Saddle Ridge Road, said there is already a lot of traffic on the street. Juleen Freitas asked if
the new houses would be single - family homes. Mr. Trowbridge said they would be. Ms. Freitas said there is a
need for a place for the school bus to turn around.
A letter, dated July 29, 2014, from Christine and Ernest Frasso, 41 Old Farm Road, was read into the record.
Mr. Trowbridge said he understands the neighbors' concerns but noted the proposed five houses are on a 40 -acre
parcel.
Ms. Garber - Miller made the motion to approve the request for Variances from Section 4.2.1, Frontage and Section
1.5.17a, Lot Width of the Zoning By -Law for the creation of five (5) new house lots with less than the required
frontage and lot width at Assessor's Map 3, Parcel 19, Wayside Drive /Old Farm Road /Saddle Ridge Road in the
Residential 1 (111) zone, in accordance with the "Zoning Plan Saddle Ridge Road & Wayside Drive ", dated June 12,
2014 and revised August 5, 2014, prepared by Hutchins Trowbridge Associates, Inc. Mr. Shannon seconded the
motion.
Discussion:
Mr. Luca said the hardships associated with this property are the size and topography of the land. He said the
Board heard from the abutters and the owner's representative and he feels the applicant has mitigated the
potential negative issues. He said the gravel turnaround on Saddle Ridge Road will be beneficial for the
neighborhood and noted the water table issues are not part of the Zoning Board's purview.
Motion passed 5 -0 -0.
Hearing ended at 9:00 pm.
S. Kanaan Realty Group, Inc., 157 Pratt Street, Map 25, Parcel 24.
The application of Kanaan Realty Group, Inc. is for a Finding from Section 3.10.4A of the Zoning By -Law for the
alteration of a pre- existing, non - conforming sign at 157 Pratt Street (Assessor's Map 25, Parcel 24) in the
Residential 2 (112) zone.
The following documents were introduced at the public hearing: Application for Finding, filed with the Town
Clerk's Office July 15, 2014; copy of the public hearing notice; "Zoning Plan 157 Pratt Street ", dated July 7, 2014,
and prepared by Hutchins Trowbridge Associates, Inc., undated color rendering of the sign and proposed electronic
panel.
Associate Member Darlene Pruitt was appointed a voting member for this hearing
There was no Planning Board letter.
Michael Trowbridge of Hutchins Trowbridge Associates, Inc. explained this is an alteration to an existing sign. The
overall size of the sign will be the same, but the left side manual pricing panel will be replaced with an electronic
panel which will be illuminated but will not scroll or flash.
After discussion, Mr. Luca made the motion that the proposed replacement of the manual pricing panel with an
electronic pricing panel on the existing sign constitutes an alteration to the pre- existing, non - conforming sign as
shown on the plan dated July 7, 2014. Mr. Shannon seconded the motion. Motion passed 5 -0 -0.
Mr. Luca made the motion that the proposed increase in the pre- existing, non - conformity is no more detrimental
to the neighborhood than the current condition. Ms. Garber - Miller seconded the motion.
Discussion:
Mr. Luca said this is a replacement of a portion of an existing sign with an insert
Mr. Shannon said the applicant is converting an old sign to an electronic sign.
Motion passed 5 -0 -0.
Hearing ended at 9:05 pm.
6. Robert Geddes Estate of Frank Geddes, 625 South Main Street, Map 14, Parcel 24, 25 & 29.
The application of Robert Geddes, Estate of Frank Geddes is for a Variance from Section 4.2.1, Lot Frontage and Lot
Width, of the Zoning By -Law for the creation of one lot with less than the required frontage and lot width at 625
South Main Street (Assessors Map 14, Parcels 24, 25 and 29) in a Residential 2 (112) zone.
The following documents were introduced at the public hearing: Application for Variance, filed with the Town
Clerk's Office July 15, 2014; copy of the public hearing notice; "Zoning Plan 625 South Main Street ", dated July 7,
2014, and prepared by Hutchins Trowbridge Associates, Inc.; August 5, 2014 e-mail from Louis Andrews, Natural
Resources Trust; August 5, 2014 e-mail from Dan and Lynn Cavicchl, 605 South Main Street.
Associate Member Darlene Pruitt was appointed a voting member for this hearing.
There was no Planning Board letter.
Michael Trowbridge of Hutchins Trowbridge Associates, Inc. said the Geddes family has owned the property at 625
South Main Street for 94 years and is proposing to create two new house lots. The existing house on Lot 1 and the
new Lot 2 are conforming lots but Lot 3, with 67,326 square feet of area but only 32.94 feet of frontage, will
require a Variance for frontage and lot width. Mr. Trowbridge said a subdivision with a cul -de -sac could be
designed for the two new lots but it would be costly and require maintenance from the town.
Mr. Trowbridge said the Geddes family would like to donate the 2.4 acres in the back of Lot 3 to the Conservation
Commission or Natural Resources Trust (NRT). Mr. Trowbridge said he received an e-mail dated August 5, 2014
from Louis Andrews, President of NRT, stating NRT is interested in acquiring the land if the Conservation
Commission is not.
Dan and Lynn Cavicchi, 605 South Main Street, sent an e-mail to the Board on August 5, 2014 indicating they have
no objections to the proposed plans.
Ms. Garber - Miller made the motion to grant a Variance from Section 4.2.1, Lot Frontage and Lot Width, for the
creation of one house lot, Lot #3, with less than the required frontage and lot width at 625 South Main Street. Ms.
Pruitt seconded the motion.
Discussion:
Ms. Garber - Miller said normally she would not be in favor of the creation of an odd - shaped lot like this, but the
applicant is proposing to donate the back land to the town, which will connect to conservation areas.
Mr. Luca agreed he would not want to create a non - conforming lot from a conforming lot. He said the applicant
could build on the parcel without a Variance but this is a better alternative. He said the hardship is the odd -shape
of the lot.
Mr. Mackie said the creation of the two new lots, plus the donation of land, would be a benefit to the area.
Motion passed 5 -0 -0.
Hearing ended at 9:10 pm.
7. New Business:
8. Old Business:
Mr. Shannon made the motion to approve the May 2014 minutes as written. Ms. Garber - Miller seconded the
motion. Motion passed 5 -0 -0.
9. Adjournment:
Motion to adjourn at 9:30 pm: Luca /Pruitt. Motion passed.
Next meeting will be September 16, 2014 at 7:30 pm.
V
Elisabeth Garber - Miller, Clerk Date