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HomeMy WebLinkAboutZBA-09162014_201411061100Mansfield Zoning Board of Appeals Minutes September 16, 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; James Rathbun; Philip Shannon; Associate Member Darlene Pruitt; Associate Member Matthew Cummings. 1. Meeting opened at 7:30 pm. The Board welcomed Matthew Cummings as a new Associated Member. 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. There was no Planning Board letter. Mr. DiCenzo requested a continuation of the hearing to October 21, 2014. 3. James Crawford, 12 Brookside Road, Map 13, Parcel 52. The application of James Crawford is for a Finding from Section 4.2.1, Side Yard Setback, of the Zoning By -Law, for an addition with less than the required side yard setback at 12 Brookside Road (Assessors Map 13, Lot 52) in the Residential 1 (111) zone. The following documents were introduced at the public hearing: Application for Finding, filed with the Town Clerk's Office August 13, 2014; copy of the public hearing notice; "Zoning Plan 12 Brookside Road" dated May 9, 2014, revised August 1, 2014, prepared by Hutchins- Trowbridge Associates, Inc. Mr. Mackie recused himself from the hearing because he is an abutter to the property. Ms. Garber - Miller was appointed Acting Chair, Mr. Shannon was appointed Acting Clerk and Associate Members Darlene Pruitt and Matthew Cummings were appointed voting members for this hearing. There was no Planning Board letter. In June 2014, Mr. Crawford filed a request for a Finding for an 8'x12' addition for a master suite closet on the Brookside Road side of the property. The Finding was denied and the Board suggested he amend the plan and locate the addition to the rear of the house. The new application is for a Finding to build a 10'x15' addition with a 17.3 -foot side yard setback on the Brookside Road side of the property where 25 feet is required. The addition will become part of the master suite with the closet built within the bedroom. He said he does not want to put the master suite over the garage on the Carol Road side of the property; he would not be able to have a bathroom because of plumbing issues. Ms. Garber - Miller asked if this would be a second -story addition only. Mr. Crawford said it would be. Ms. Pruitt made the motion that the request for a Finding at 12 Brookside Road, Map 13, Lot 52, is an increase in a pre- existing, non - conforming condition. Mr. Rathbun seconded the motion. Motion passed 5 -0 -0. Ms. Pruitt made the motion that the increase in the pre- existing non - conforming condition per the plan, "Zoning Plan, 12 Brookside Road ", dated May 9, 2014 and revised August 1, 2014, prepared by Hutchins - Trowbridge Associates, Inc., is no more detrimental to the neighborhood than the current condition. Mr. Rathbun seconded the motion. Motion passed 5 -0 -0. Hearing ended at 8:00 pm. 4. David Piasecki, 146.148 Central Street, Map 21, Parcel 120. The application of David Piasecki is for a Finding from Section 3.10.48, for the change, extension or alteration of a pre- existing, non - conforming deck at 146 -148 Central Street (Assessor's Map 21, Parcel 120) in the Residential 3 (113) zone. The following documents were introduced at the public hearing: Application for Finding, filed with the Town Clerk's Office August 14, 2014; copy of the public hearing notice; "Zoning Plan 146 -148 Central Street ", dated August 17, 2014, prepared by Hutchins Trowbridge Associates, Inc. Associate Member Darlene Pruitt was appointed a voting member for this hearing. There was no Planning Board letter. Mr. Piasecki explained he purchased the house in August 2013, which was constructed in 1900 prior to zoning. Mr. Piasecki said there was a small deck /platform with two sets of stairs on the south side of the property. He removed the stairs and increased the size of the platform, resulting in a 6.5 -foot side yard setback where 15 feet is required. Mr. Piasecki said the work was done in May 2014 without a building permit. Ms. Garber - Miller said the problem is the increase in the size of the platform; Mr. Piasecki would not have needed to apply for a Finding if he had repaired or refurbished the platform without changing the footprint of the existing structure. Mr. Piasecki said he has made substantial improvements to the house and landscaping and noted that the platform is only 16 inches off the ground, 21 feet from the house at 140 -142 Central Street and does not pose any privacy or visibility issues. John Piasecki said the neighbors do not have any problems with the project. Ms. Pruitt made the motion that the request for a Finding at 146 -148 Central Street, Map 21, Parcel 120, is an increase in a pre- existing, non - conforming condition. Mr. Rathbun seconded the motion. Motion passed 5 -0 -0. Ms. Pruitt made the motion that the increase in the pre- existing non - conforming condition per the plan, "Zoning Plan, 146 -148 Central Street, dated August 7, 2014, is no more detrimental to the neighborhood than the current condition. Mr. Rathbun seconded the motion. Discussion: Mr. Rathbun said the shape of the lot and the position of the house on the property presents a hardship. Motion passed 5 -0 -0. Hearing ended at 8:10 pm 5. Wendy's Old Fashioned Hamburgers of New York, LLC, 64 Copeland Drive, Map 21, Parcel 090. The application for Wendy's Old Fashioned Hamburgers of New York, LLC, is for a Finding from Section 3.10.4A of the Zoning By -Law to after the pre- existing, non - conforming structure at 64 Copeland Drive (Assessor's Map 21, Parcel 090) in the Business 3 (83) zone by constructing a new building with site improvements. The following documents were introduced at the public hearing: Application for Finding, filed with the Town Clerk's Office August 18, 2014; copy of the public hearing notice; "Site Development Plans for Wendy's ", dated June 19, 2014, prepared by Bohler Engineering. Associate Member Darlene Pruitt was appointed a voting member for this hearing. There was no Planning Board letter Attorney Edward Valanzola, William Goebel with Bohler Engineering, Anthony Donato, Project Manager with Bohler Engineering and Daniel Dumais, Transportation Engineer with MDM Transportation Consultants, Inc. were present. Attorney Valanzola, representing Wendy's Old Fashioned Hamburgers of New York, LLC, said the property is in a Business 3 (133) zone and the proposed project is to raze the existing building and construct a new 3,465 square foot building. He said the change will not create a new non - compliance and will not be substantially more detrimental to the neighborhood than the existing non - conforming structure. Attorney Valanzola said the 259.56' of frontage will not change; however the front yard setback will increase from 29.4' to 36.9' (where 50' is required). The side yard setback will increase from 51.6' to 59' (where 20' is required) and the rear yard setback will be reduced from 64.3' to 55.9' (where 20' is required). The height of the building will be reduced from 40' to 23' (where 45' is required). Mr. Goebel explained the new building will be set further back from Copeland Drive and the order board /speaker box will be 51 feet from the property line. The site will have a one -way traffic pattern with one entrance and one exit off Copeland Drive. Mr. Goebel said the re- configuration of the driveway will accommodate emergency vehicles and delivery trucks. He said there will be a small patio area with four tables. Mr. Goebel said there will be 40 parking spaces, including two handicapped parking spaces with an accessible ramp. Mr. Mackie asked what would be done to insure the safety of patrons in the patio area which will be located behind the handicapped parking spaces. Mr. Goebel said the patio area will be surrounded by a decorative wrought -iron fence and a sidewalk with a ramp and bollards will be installed in front of each of the parking spaces. Mr. Goebel said the green space will increase by approximately 2,300 square feet and the impervious areas will be reduced. He said the existing vegetation will be supplemented with an additional 130 plantings, including shade trees and low cover. All existing fencing will remain, but a new fence will be installed along the 50 -foot southern portion of the property. Mr. Goebel said there will be no significant changes to the utilities or drainage and the project will maintain or improve all zoning requirements. Daniel Dumais discussed the traffic assessment and the maximum queue for the existing store during peak times. He explained he looked at the crash history of the existing driveway, site lines of the driveway and intersection sight distances for visibility and safety and determined there are no issues. Cameron MacNeill of 52 Henry Street said in the past there have been problems with fencing, lighting and deliveries and asked if the current fighting and the height and quality of the fencing would be maintained. Mr. Geobel said there will be LED lights with shields, which will be less intrusive then the current lighting and the existing fence will remain. There will be no changes to the delivery schedule. Mr. MacNeill said Wendy's Corporation has been very accommodating when addressing any problems the neighbors might have. Ralph Penney, who recently purchased the property at 1 Fowler Street, said he was concerned about the traffic, noise from the dumpster pick -ups and the order board /speaker box and the disrepair of the fencing. Mr. Goebel said with the new layout of the driveway, the queuing area will be increased to help eliminate traffic problems on Copeland Drive, the current time restrictions for the hours of operation will be maintained and the fence will be repaired. William Clemmey of 7 Fowler Street said this proposal will be a big improvement to the site; the building is more environmentally friendly, the improvements to the driveway will provide better parking, allow for easier queuing, and eliminate traffic problems. Mr. MacNeill asked about the construction schedule. Mr. Geobel said construction will start in late 2014 or in the spring 2015 and take approximately 3 -4 months to complete. Ms. Pruitt made the motion that the request for a Finding at 64 Copeland Drive Map 21, Parcel 090 is an increase in a pre- existing, non - conforming condition. Mr. Rathbun seconded the motion. Motion passed 5 -0 -0. Ms. Pruitt made the motion that the increase in the pre- existing non - conforming condition per the plan, "Site Development Plans for Wendy's", dated June 19, 2014, prepared by Bohler Engineering, is no more detrimental to the neighborhood than the current condition. Mr. Rathbun seconded the motion. Discussion: Mr. Mackie said the changes are less detrimental to the neighborhood and will improve the traffic pattern. He noted that Wendy's Corporation has work with the abutters to address their concerns. Mr. Rathbun said the noise issue will be addressed by moving the order box farther away from the property line. Motion passed 5 -0 -0. Hearing ended at 9:05 pm. 6. Correspondence: 7. New Business: S. Old Business: Motion to approve the August 5, 2014 minutes with the noted changes. Garber - Miller /Rathbun Passed Motion to approve the June 17, 2014 minutes as written. Rathbun /Garber - Miller Passed. 9. Adjournment: Motion to adjourn at 9:15 pm: Garber - Miller /Pruitt. Motion passed. Next meeting will be October 21, 2014 at 7:30 pm. /c, o i Elisabeth Garber - Miller, Clerk Date