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HomeMy WebLinkAboutZBA12022014_201501080843Mansfield Zoning Board of Appeals Minutes December 2, 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; David Luca, Acting Clerk; Associate Member Darlene Pruitt; Associate Member Matthew Cummings. 1. Meeting opened at 7:30 pm. 2. Jess Realty Trust, 453, 457, 461, & 465 Stearns Avenue, Map 41, Parcels 85,86, 87, 435 & 436. The filing for Jess Realty Trust is for a Variance from Sections 1.5.7a, Lot Width and 4.2.1, Lot Area of the Zoning By -Law to allow for the creation of three lots with less than the required lot width and lot area at 453, 457, 461, & 465 Stearns Avenue (Assessor's Map 41, Parcels 85, 86, 87, 435 & 436) in the Residential 1 (Ri) Zone. The following documents were introduced at the public hearing: Application for Variance, filed with the Town Clerk's Office October 31, 2014; a copy of the public hearing notice; "Plan of Land in Mansfield, MA ", dated October 22, 2014, prepared by RIM Engineering, Co., Inc.; Planning Board letter dated November 20, 2014; letter dated November 14, 2014 from Mike and Janet McDonagh, 4 Carriage House Lane, Mansfield, MA; letter dated November 19, 2014 from John and Kathy McCann, 3 Carriage House Lane, Mansfield, MA; letter dated November 28, 2014 from Jason and Vanessa DeFreitas, 469 Stearns Avenue. David Luca was appointed Acting Clerk. Associate Members Darlene Pruitt and Matthew Cummings were appointed voting members for this hearing. Attorney Edward Valanzola and Jay Zola of Jess Realty Trust were present. Mr. Luca summarized the letters from Mike and Janet McDonagh, 4 Carriage House Lane, John and Kathy McCann, 3 Carriage House Lane, and Jason and Vanessa DeFreitas, 469 Stearns Avenue. Attorney Valanzola, representing Jay Zola, Jess Realty Trust, noted that the Planning Board sent a positive recommendation for this request. He said in January 1987, the Planning Board approved five (5) 30,000 square - foot Form A lots on the vacant 150,414 square -foot parcel of land on Stearns Avenue, which Jess Realty Trust has owned since 1960. Attorney Valanzola said the current application is to create three (3) buildable lots that will comply with the lot frontage requirement of 200 feet but would not comply with the required lot area and lot width. Lot 1 will have 50,094 square feet of area; Lot 2 will have 50,209 square feet; and Lot 3 will have 50,111 square feet, where 60,000 square feet is required. Lots 2 and 3 will require Variances from Sections 4.2.1, Lot Area and 1.5.7a, Lot Width. Attorney Valanzola said when the Planning Board approved the five Form A lots, town water and sewer had not been installed on Stearns Avenue and the Canterbury Estates subdivision had not been developed. Attorney Valanzola said the former Hercules Landfill site, across the street from this property, is now owned by the Town of Mansfield. He said this property was capped as part of the Hercules clean -up process and, as part of the settlement with Hercules, the water and sewer lines were extended up Stearns Avenue to the Easton Town line in 2006 to eliminate drinking water wells. He said by that time, the lot size requirement had increased. Attorney Valanzola explained Mr. Zola can build two houses on this property by right. He said the lots would be bigger than most of the lots in the area and the houses would be consistent with the character of the neighborhood. 01 Mr. Mackie asked what the hardship would be to justify the additional house lot. Attorney Valanzola said the hardship is the soil conditions, the history of the Hercules site directly across the street and the fact the water line did not extend beyond Carriage House Lane until 2006 and these properties would have required well water. Mr. Luca asked if soil samples had been taken and if other houses on the street have well water. Attorney Valanzola said no samples have been taken and there are other houses with well water. Mr. Zola said soil samples were done in the 1980s and 1990s and noted there were problems with the wells on Stearns Avenue in 1987. He said at that time, the Hercules site was a much bigger issue then it is today and they did not want to put in wells. Mr. Zola explained the houses on Stearns Avenue were sold with disclaimers regarding the landfill site. Attorney Valanzola said Colonial Drive, Old Stable Drive and Carriage House Lane were built in the 1990s, after the water line was installed on Stearns Avenue. Mr. Luca said he does not believe there is a hardship and he does not want to take a conforming lot and make it a non - conforming lot without a clear hardship. Kevin Whittaker, 1 Carriage House Lane, said he and his wife are opposed to the grant of the Variances. He said there are no plans showing what will be developed on the property. Jason DeFreitas, 469 Stearns Avenue, said he and his wife do oppose the Variances because there is the option of having two conforming lots. He said he respects Mr. Zola's right to develop the property but not at the expense of everyone else's rights. Michael McDonagh, 4 Carriage House Lane, said he is opposed to the Variances because current zoning guidelines only allow two lots. Kathleen McCann, 3 Carriage House Lane, said she is opposed to the Variances. She said she respects Mr. Zola's right to build on the property, but the current requirement for a house lot is 60,000 square feet and the land is zoned for two properties, not three. She said she is concerned about property values in Canterbury Estates and questioned the hardship because soil samples were not taken on this property. She said there are no plans showing the proposed homes. Barbara Shaer, 495 Stearns Avenue, said she has owned her property for 32 years. She said she and a neighbor have artesian wells that are tested every year. She said she is opposed to the Variances and she does not see a hardship because Mr. Zola has the ability to build two houses on the property, according to the zoning guidelines. She said because soil samples have never been taken on this property, there is no way to tell if the land is contaminated. Mark Deckett, 30 Carriage House Lane, said he agreed with all the abutters comments. He said Mr. Zola previously sold lots with a disclaimer because there was a concern with water samples, but now he has come before this board to declare a hardship because of the water on this parcel. Mr. Zola clarified his statement that all the lots sold had town water but this parcel did not and would have required well water. Attorney Valanzola said these house lots will be 20,000 square feet larger than most of the house lots on Carriage House Lane. He said Mr. Zola builds quality houses, the houses will be appropriate for the neighborhood and the property values will not be affected. He said the fact that the three house lots will be approximately 50,000 square feet instead of the required 60,000 square feet will not adversely impact the existing 30,000 square -foot lots. Mr. Whittaker noted that the 30,000 square -foot lots were consistent with the Zoning By -Law at that time. He said the abutters are concerned with their rights and property values, not the view of the woods. He said there is a distinct difference between the Stearns Hill development and Canterbury Estates and said the development of the three lots on Stearns Avenue (453, 457, 461, & 465 Stearns Avenue) would impact the property values of the neighborhood. Attorney Valanzola said a deed restriction was placed on Canterbury Estates to restrict the cutting of trees, which will remain in place for the lot on the corner of Stearns Avenue and Carriage House Lane. He said because Stearns Avenue is a scenic way, the houses will be set back 75 feet from the roadway and the trees will remain similar to what is currently on Stearns Avenue. Ms. McCann, 3 Carriage House Lane, said according to the application guidelines, a plan must be submitted showing existing and proposed conditions, including all existing and proposed structures and measurements showing setbacks to other structures and to lot lines. Mr. Mackie said this does not apply to this application because the applicant is not seeking relief from the setbacks or the house position, just the lot area. They do have to maintain the 75 -foot setback because Stearns Avenue is a scenic way. Attorney Valanzola said the plan does not show the structures because the lots will comply with all the current Zoning By -Law setbacks. Mr. Luca made the motion to grant the Variances from Sections 1.5.7a, Lot Width and 4.2.1, Lot Area of the Zoning By -Law to allow for the creation of three lots with less than the required lot width and lot area at 453, 457, 461, & 465 Stearns Avenue (Assessor's Map 41, Parcels 85, 86, 87, 435 & 436) in the Residential 1 (R1) Zone. Mr. Cummings seconded the motion. Discussion Mr. Luca said there may have been a hardship in the past, but there is no proof of soil contamination on the actual property. He said he is not concerned with the impact on property values and there is no detriment to the neighborhood. Mr. Luca noted this is a conforming property where the applicant can build two (2) conforming lots and he does not see a hardship to justify allowing an additional lot. Mr. Mackie agreed there is no hardship. Motion failed 0 -5 -0. Hearing ended at 8:10 pm. 3. Future Foam, Inc., 47 Maple Street, Map 30, Lot 37. The application of Future Foam, Inc. was filed for a Variance from Section 4.2.2, Maximum Floor Area Ratio, to allow 0.41 FAR where 0.25 FAR is required; and relief from the Minimum Open Space requirement, to allow 25% where 35% is required at 47 Maple Street (Map 30, Lot 37) in the Industrial 2 (12) Zone. The following documents were introduced at the public hearing: Application for Variance, filed with the Town Clerk's Office October 30, 2014; a copy of the public hearing notice; "47 Maple Street, Mansfield, Massachusetts ", Sheet 1 and Sheet 2, dated October 28, 2014, prepared by Bay Colony Group, Inc.; Planning Board letter dated November 20, 2014. Associate Members Darlene Pruitt and Matthew Cummings were appointed voting members for this hearing. Mr. Mackie said the application should have been for a Finding. Attorney Ruth H. Silman, Nixon Peabody LLP, Brian French, representing Future Form, Inc., as well as members of the design team, were present. Attorney Silman said Future Foam, Inc. proposes to acquire, convert and expand the vacant 167,835 square -foot industrial building at 47 Maple Street for the manufacture and distribution of flexible polyurethane foam (FPF) used in bedding, furniture, packaging, automotive, medical and industrial uses. The existing building was used for industrial manufacturing from the early 1970s until about a year ago. The proposal includes an 80'x352'addition that will be located on the western side of the building on an existing parking lot, which will decrease the parking from 134 spaces to 82 spaces; the Zoning By -Law requires 65 spaces. Attorney Silman said the front of the building K3 will be converted to a pervious area and landscaping. The loading docks along the eastern and western wall of the existing building will be reconfigured with a trailer storage area along the southern boundary of the site. Access to the existing building is from two entrances on Maple Street, one on the western side of the property and the other to the east of the property. The driveways will remain the same and there will be no changes to the entrances. The railroad tracks abut the property to the east and the applicant will improve the rail spur that connects into the existing building. Attorney Silman explained the request for relief is from the maximum Floor Area Ratio ( "FAR ") and the minimum Open Space requirements. The FAR will be increased from 0.35 to 0.41, where the maximum permitted is 0.25, and the Open Space will decrease from 28% to 25%, where 35% is required. Attorney Silman said there are constraints on the site with respect to where the addition can be located because the loading docks are located on the eastern side of the property, and if the addition were to be located in the front of the building on the north side of the property, it would create a visual impairment for the neighbors. She said the driveway and the ability to store trailers would be impacted if the addition were placed on the southern portion of the site. She said the project has been discussed with public safety, as well as the Planning and Health Departments and the Town Manager. She said the project received a positive recommendation from the Planning Board. Mr. Mackie asked if site plan approval would be required. Attorney Silman said they would file for a special permit and site plan review with the Planning Board to conduct general manufacturing in the Industrial 2 zone. Mr. Luca read the Planning Board letter dated November 20, 2014: The Planning Board is pleased at the possible reuse of an industrial building that has been vacant for more than 18 months, and which will not only be occupied, but expanded. The board is also please that the prospective tenant plans to employ approximately 50 people in their manufacturing facility. This site's location, within the Ryan - Elliot Industrial Park, pre -dates the Cabot Business Park, and was established well in advanced of today's zoning. At the time this facility was permitted, the Zoning By -Law allowed for a lot coverage calculation of 40% and a building height of 45 feet, which would equate, in today's standards, to a Floor Area Ratio of approximately 0.8. In addition, there was no open space requirement at that time. The zoning changed significantly in 1989, rendering many of the properties in this industrial district pre- existing, non - conforming. After review of the tabular summary provided by the applicant and discussion of the history of the Ryan - Elliot Industrial Park, the site - specific nature of this proposal, the applicant's inability to acquire additional property and the positive benefit this would be to the local economy, the Planning Board voted unanimously to send you a positive recommendation on this request for Variances from the maximum floor area ratio and minimum open space requirements. Mr. Shannon asked how many trailers /containers would be stored on site. Attorney Silman said there are thirty spaces, 60'x10' each, for trailer storage. Mr. Luca made the motion that the request for a Finding at 47 Maple Street for relief from the Zoning By -Law, Section 4.2.2, Maximum Floor Area Ratio, to allow 0.41 FAR where a maximum 0.25 FAR is permitted; and Minimum Open Space, to allow 25% where 35% is required, is an increase in a pre- existing, non - conforming condition as shown on the plan, "47 Maple Street, Mansfield, Massachusetts ", Sheet 1 and Sheet 2, dated October 28, 2014, prepared by Bay Colony Group, Inc. Mr. Cummings seconded the motion. Motion passed 5 -0 -0. Mr. Luca made the motion that the proposed increase In the pre- existing, non - conformity as per the plan, "47 Maple Street, Mansfield, Massachusetts ", Sheet 1 and Sheet 2, dated October 28, 2014, prepared by Bay Colony 2 Group, Inc., is no more detrimental to the neighborhood than the current condition at 47 Maple Street. Mr. Cummings seconded the motion. Discussion: Mr. Luca said the Planning Board reviewed this application as a Variance not a Finding so the threshold is lower. He noted the applicant will need permitting from other town departments. He said the expansion is de minimis and it will be beneficial to the property and the area. He does not have a problem with the proposal. Ms. Pruitt said the applicant looked at other locations for the addition and this is the best option. She does not have an issue with the proposal. Motion passed 5 -0 -0. Hearing ended at 8:20 pm. 4, Correspondence: Letter dated November 25, 2014 from Citizens' Housing and Planning Association, Inc. (CHAPA), with the Financial Statement (year ending 2013) for Cedar Heights, LLC. 5. New Business: 6. Old Business: The Board signed the decision for 60 Maple Street (Variance) 7. Adjournment: Motion to adjourn at 8:35 pm. (Luca /Shannon) Passed Next meeting will be January 6, 2015 at 7:30 pm. David Luca, Acting Clerk Date A