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HomeMy WebLinkAboutZBA_02032015_201503051153ZONING BOARD OF APPEALS FEBRUARY 3, 2015 MINUTES Present: Kevin Mackie, Chairman; Elisabeth Garber - Miller, Clerk; Philip Shannon, Darlene Pruitt; Associate Member Matthew Cummings 11 Meeting opened at 7:30 pm. 2. Public Hearing - Variance/Finding — Front Yard Setback/Alter Pre - Existing Structure — 39 Brook Street — Ab lulazlz Alaghbar The chair read the public hearine notice. The annlication is fora Variance /Findine from Section 4.2.1, Front Yard Setback, for an addition on the Brook Street side of the house with less than the required front yard setback; and a Variance /Finding from Section 3.10.413 to alter a pre- existing, non - conforming structure to allow an addition to square off the existing house and to close in an existing porch at 39 Brook Street (Map 24, Parcel 122) in the Residential 2 (R2) Zone. Mr. Mackie said this should be a Finding. The following documents were introduced at the public hearing: • Copy of public hearing notice, which ran in the Mansfield News on January 16, 2015 and January 23, 2015; • Application for Variance, filed with the Town Clerk's Office on December 9, 2014; • "Zoning Plan 39 Brook Street" dated December 4, 2014 and prepared by IIutchins- Trowbridge Associates, Inc.; • January 9, 2015 email from Mr. Trowbridge with house plans Associate Member Matthew Cummings was appointed a voting member for this hearing. Michael Trowbridge, Hutchins- Trowbridge Associates, explained the plan for an addition on the Brook Street side for the house and an addition to square off the existing house and to close in an existing porch; he noted there is a second floor being proposed. He explained a finding is needed to square off the existing house and enclose the porch and lie thinks a variance is necessary for the 3'xI F front porch. He said the basic shape of the house will remain the same and will meet the sideyard setback requirements. Ms. Garber - Miller asked about the second floor addition; Mr. Trowbridge said the house is currently a cape, but with the addition, the house would be a full colonial. Mr. Shannon asked if the house would actually be three stories; Mr. Trowbridge said it would be 2.5 stories. He said the house would not exceed the maximum allowed height. Motion: That the proposed construction at 39 Brook Street constitutes an alteration to a pre - existing, non - conforming structure. (Shannon- Garber - Miller) All in favor. PASSES Motion: To find that the proposed construction of an addition on the Brook Street side for the house with less than the required front yard setback and an addition to square off 2/3/2015 the existing house and to close in an existing porch at 39 Brook Street (Map 24, Parcel 122) in the Residential 2 (R2) Zone in accordance with the "Zoning Plan 39 Brook Street" dated December 4, 2014 and prepared by Hutchins - Trowbridge Associates, Inc. is no more detrimental than the existing conditions. (Shannon - Garber - Miller) All in favor. PASSES 3. Public Hearing Special Permit — Alternate Landscaping - 454 Chauncy Street - Weshvood- Mansfield Pediatric Associates, PC The chair read the public hearine notice. The aoolication is for a Special Permit from Section 4.3.6, Landscaped Buffer Strips, to allow an alternative landscaped buffer at 454 Chauncy Street (Map 8, Lot 60) in the Planned Business District. The following documents were introduced at the public hearing: ® Copy of public hearing notice, which ran in the Mansfield News on January 16, 2015 and January 23, 2015; ® Application for Variance, filed with the Town Clerk's Office on December 31, 2014; o "Proposed Parking Modification 454 Chauncy Street Mansfield, Massachusetts" plan dated December 30, 2014 and prepared by Advanced Concepts Engineering Corp.; Associate Member Matthew Cummings was appointed a voting member for this hearing. Dana Clow, Advanced Concepts Engineering, explained the practice has close to 30 employees in the Westwood, Mansfield and Easton offices. Mr. Clow explained the plan for an alternative landscaping plan on the pre - existing, non - conforming property, with less than the minimum required lot area (30,000 square feet rather than 40,000 square feet) and frontage (100 feet rather than 200 feet) in the Planned Business District. The setbacks, open space and floor area ratio meet or exceed all of the requirements in the PBD; this proposal will not alter that. The building has 3,500 square feet of gross floor area with principal access in the front and secondary access at the rear. Mr. Clow said there are 31 existing parking spaces at the front and rear of the building, with one -way circulation around the building. He said the proposal is to add seven parking spaces in the front yard along the property's frontage, requiring the elimination of the existing 15 -foot wide landscaped buffer and fence along Chauncy Street, and the relocation of a lamppost. Traffic would be one -way around the building. Mr. Clow explained the depth of the existing landscaping does not meet the current requirements. Five mature trees, which have grown up around the utility wires, would be removed to create the new parking. A new ornamental fence is proposed along the property line to screen the new parking from Chauncy Street and ornamental fruit trees will be planted at each end of the parking rows. Ms. Garber - Miller asked the depth of the proposed landscape strip at the front; Mr. Clow said there is none proposed. He said the pavement would come within 6 inches of the property line, with a vinyl - coated fence added. The existing rail fence along the frontage is actually on the public way and will have to be removed. 2/3/2015 Ms. Garber - Miller asked the distance between the proposed fence and street; Mr. Clow said it is 12 feet. Currently, the distance between the property line and the back of curbing is 15 feet. Mr. Mackie asked about the additional parking; Mr. Clow said the practice has grown and has a parking issue for both for staff and patients. IIe said they will net five new spaces. Ile said the owners made a significant investment in building renovations in 2009 and are committed to this location. Mr. Clow said the site would have 36% open space Mr. Mackie asked how many employees are in the building at once; Mr. Clow said when the 2009 building renovation was done, the largest shift was 12 employees. He said now, there are typically 18 employees in the building at once. Mr. Clow said with that many employees, 36 spaces would be required, which will be provided. Mr. Mackie asked about trash removal; Mr. Clow said there is an existing concrete pad, but the dumpster is currently in a compact parking space. He said it will be moved to the concrete pad. Ms. Garber - Miller said that would free up one parking space. Ms. Garber - Miller asked if the proposed fence would cause sight distance issues; Mr. Clow said it would not. He said the fence would comply with the intent of the Zoning By -Law by providing separation between the site and the roadway. He said the solution would not be inconsistent with other properties along Chauncy Street. Mr. Cummings asked about parallel parking; Mr. Clow said they could get three parallel spaces at the back, but that would require more area, could impact turning movements and would still require relief from the landscaped buffer requirement. Mr. Shannon said this is a tight site, especially during the winter months. Mr. Clow said the snow will have to be removed from the site. 4. Public Hearing continued — Finding/Variance — Minimum Lot Size — 575 North Main Street — William McDermott Mr. Mackie said a Finding requires the board to find a pre- existing, non- conforming condition and to find that the change is not substantially more detrimental than the existing conditions. Mr. Mackie said the board has discussed whether some portion of the pre- existing, non - conforming stricture has to remain in place when a structure is to be razed and reconstructed. To that end, the board asked for an opinion from town counsel; the clerk read a letter from Rich Hucksam indicating that, in his opinion, no portion of the structure would have to be retained. James Burke, PE, DeCelle Burke and Associates, explained the existing and proposed plans for the demolition and reconstruction of the existing two-family structure. The lot does not meet the frontage requirements. Mr. Burke said the existing house, which is run -down, would be razed and rebuilt with attached garages in between; the new structure 2/3/2015 would comply with front and side yard setbacks, but would create a new encroachment in the rear yard. The site would meet the open space requirements. Mr. Mackie said the proposed plan will create a new non- conformity with the rear yard encroachment. Mr. Burke said the lot is undersized, which constrains the size of the building that could be built. Mr. Mackie said the rear yard encroachment would require a variance rather than a finding and would have to be readvertised. Mr. Burke said his client would like to include the garages, but said he has drafted a plan without the garages, which would not create any new non- conformity. He asked if the board would have any objections to his client applying for a variance; Mr. Mackie noted a variance requires the applicant to show a hardship. Mr. Burke distributed a plan, titled "Proposed Two - Family Dwelling Plot Plan located at 575 North Main Street Mansfield, MA," dated January 30, 2015, prepared by DeCelle Burke & Associates, Inc., showing a two- family home with no garages, which meets the setback requirements. Ms. Garber - Miller said there would be nothing to preclude the constriction of a detached garage on this lot. Public Comment Robert O'Keefe, 569 North Main Street, said the existing property is a blight on the neighborhood, and tearing it down would be an improvement. He said lie is concerned that the existing garage is right on the property line next to his house. He said if the height of the new house is the same and is pushed farther back on the lot, he would not have any objections. He said he understood the house next door was a two - family when he bought his house and said Mr. McDermott has built another nice house on the street. Motion: To find that the proposed reconstruction of 575 North Main Street constitutes an alteration of a pre - existing, non - conforming condition (Cummings - Garber - Miller) All in favor. PASSES Motion: To find that the proposed increase in the pre - existing, non- conforming condition at 575 North Main Street is not substantially more detrimental to the neighborhood than the current condition and approve the Finding from Section 4.2.1, Minimum Lot Area, to allow for the reconstruction of a pre - existing, non- conforming two - family home with less than the required lot area at 575 North Main Street (Map 19, Parcel 45) in the Residential 3 (R3) zone in accordance with the "Proposed Two - Family Dwelling Plot Plan located at 575 North Main Street Mansfield, MA" dated January 30, 2015, prepared by DeCelle Burke & Associates, Inc. (Cummings- Garber - Miller) Ms. Garber - Miller said the new plan will be an improvement to a rundown property in a nice neighborhood. All in favor. PASSES 2/3/2015 Motion: To approve the Special Permit from Section 4.3.6, Landscaped Buffer Strips, to allow an alternative landscaped buffer at 454 Chauncy Street (Map 8, Lot 60) in the Planned Business District in accordance with the "Proposed Parking Modification 454 Chauncy Street Mansfield, Massachusetts" plan dated December 30, 2014 and prepared by Advanced Concepts Engineering Corp. (Garber - Miller- Shannon) Ms. Garber - Miller said there aren't many alternatives on this property, which is undersized to begin with. Mr. Mackie said the proposed work along Chauncy Street will be similar to a lot of other businesses with parking and pavement right up to the street. Ms. Garber - Miller said the fence will not impede sight distance. All in favor. PASSES 5. Adjournment Motion: To adjourn at 8:45 pm (Garber-Miller-Cummings), All in favor. PASSES Date of next meeting: March 3, 2015 at 7:30 p.m. c ,..n Elisabeth Garber - Miller, Clerk Date 2/3/2015