HomeMy WebLinkAboutZBA10202015_201511181924Town of Mansfield
Zoning Board of Appeals Minutes
September 29, 2015
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; Darlene Pruitt; Associate Member Aaron Gallagher; Associate Member Matthew
Cummings.
1. Meeting called to order at 7:30 pm.
2. Pattison Sign Group /Advanced Sign, 440 Forbes Boulevard, Map 44, Parcel 620.
The Chair read the public hearing notice for the application of Pattison Sign Group /Advanced Sign on
behalf of Toyota Motor USA, Inc. for a Variance from Section 4.7.2.1, Freestanding Sign, of the Zoning
By -Law to allow for an 86.2 square -foot sign where a 30 square -foot sign is allowed at 440 Forbes
Boulevard (Assessor's Map 44, Parcel 620) 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 July 31, 2015; a copy of the public hearing notice; Enseignes Patterson Sign Group,
dated July 17, 2015.
Carolyn A. Parker, representing Patterson Sign Group, said Toyota Motor USA, Inc. is currently
undergoing a re- branding and is changing all their signage. Toyota is proposing to replace the existing
25 square -foot monument sign with a new 86.2 square -foot monument sign where a 30 square -foot sign
would be allowed. Ms. Parker said the proposed sign will be set back 10.00 feet from the property line
as required and will be 8 feet in height where 15 feet is allowed. She said the sign will be opaque and
include the words "Toyota ", "Boston Toyota" and the "Scion" decal. The twelve square -foot sign will be
internally illuminated with LED modules. Ms. Parker said the property is in a Planned Business District
(PBD) but follows the Industrial District sign requirements.
Ms. Garber - Miller said the size of the proposed sign will be more than three times the size of the
existing 25 -foot sign and noted illuminated signs are prohibited in a PBD under Section 4.7.5.6 of the By-
Law. Ms. Parker said the existing sign is currently illuminated with spotlights and the new sign will be
only one foot higher and set back further from the road. Mr. Mackie said a number of buildings in this
area have gone through re- branding.
Ms. Parker said the proposed sign is small for an industrial area, the existing monument sign will be
maintained, and the illumination will be less intrusive than what is currently there.
Ms. Garber - Miller asked if the proposed illumination would be on a timer and if the existing external
lights would be removed. Ms. Parker said the spotlights would be eliminated and the proposed lighting
could be turned off at a time the Board chosen.
Mr. Luca made the motion to approve the application of Pattison Sign Group /Advanced Sign on behalf of
Toyota Motor USA, Inc. for a Variance from Section 4.7.2.1, Freestanding Sign, of the Zoning By -Law to
allow for an 86.2 square -foot sign where a 30 square -foot sign is allowed at 440 Forbes Boulevard
(Assessor's Map 44, Parcel 620) in the Planned Business District (PBD), as per the plans, "440 Forbes
Blvd, Mansfield, MA ": Sheets "D- 22800B" dated July 17, 2015; "TOYIPIA7502" dated February 4, 2015;
"LD- 22800B" dated July 17, 2015, prepared by Enseignes Pattison Sign Group. Mr. Shannon seconded
the motion.
Discussion:
Ms. Garber - Miller said she would normally not approve this application because of the size of the sign
but the only abutter is the highway.
Motion passed 5 -0 -0.
Hearing ended at 7:40 pm.
3. Lawrence and Diane Mahoney, 50 Hope Street, Map 24, Parcel 127
The Chair read the public hearing notice for the application of Lawrence and Diane Mahoney for a
Variance from Sections 4.2.1, Density and Dimensional Regulations, Frontage and Area and 1.5.17a, Lot
Width of the Zoning By -Law to allow for the creation of a new `Lot 18 ", with less than the required lot
frontage, area and lot width; and a Variance from Sections 4.2.1, Density and Dimensional Regulations,
Frontage, Area and Front Yard Setback and 1.5.17a, Lot Width, for the existing house on 'Lot 19" at 50
Hope Street (Assessor's Map 24, Parcel 127) in the Residential 2 (R2) Zone.
The following documents were introduced at the public hearing: Application for Variance, filed with the
Town Clerk's office August 5, 2015; a copy of the public hearing notice; "Zoning Plan Lots 18 & 19 Hope
Street ", dated August 5, 2015, prepared by Hutchins - Trowbridge Associates, Inc.
Michael Trowbridge of Hutchins - Trowbridge Associates, Inc., representing homeowners Lawrence and
Diane Mahoney, said the property has been in the Mahoney family for approximately 50 years. Mr.
Trowbridge said Land Court documents show the lot was originally slightly larger than 8,000 square feet.
In 1995, Mr. Mahoney purchased one -half of a paper road, north of the property and when the adjacent
property became available in 2000, Mr. Mahoney purchase the land, with the intention of building a
house for his retirement. Mr. Trowbridge said the applicant is proposing to build a 60'x28' house on Lot
18, with 12,640 square feet of area and 100 feet of frontage, where 30,000 square feet of area and 150
feet of frontage is required. Lot 19, with the existing house will have 14,755 square feet of area with
112.33 feet of frontage. Mr. Trowbridge noted that the house lots on Shawmut Avenue, Hope and Glen
Streets have 100 feet of frontage with 8,000 to 10,000 square feet of area, so the proposed house would
fit well with the neighborhood. He said he has received a -mails from neighbors in support of the
variance request.
Mr. Mackie said a much larger house could be built within the building envelope. Mr. Trowbridge said
Mr. and Mrs. Mahoney are downsizing and understand any new construction would have to conform to
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the dimensional setbacks of the by -Law. Mr. Mackie said he does not see a hardship and if the variance
is granted, it would create two non - conforming lots.
Mr. Trowbridge said if there are any concerns with the house placement or encroachment issues, the
applicant would propose mitigation either with fencing or a buffer /screen of shrubs or bushes.
Mark Margerum, 45 Hope Street, said he has lived across the street from Mr. and Mrs. Mahoney for 18
years and they are exemplary neighbors and he does not have an issue with the project.
Mr. Cummings said the size of the current lot is normal for the neighborhood but he does not see a
hardship.
Mr. Luca made the motion to approve the application of Lawrence and Diane Mahoney for a Variance
from Sections 4.2.1, Density and Dimensional Regulations, Frontage and Area and 1.5.17a, Lot Width of
the Zoning By -Law to allow for the creation of a new `Lot 18 ", with less than the required lot frontage,
area and lot width; and a Variance from Sections 4.2.1, Density and Dimensional Regulations, Frontage,
Area and Front Yard Setback and 1.5.17a, Lot Width, for the existing house on 'Lot 19" at 50 Hope Street
(Assessors Map 24, Parcel 127) in the Residential 2 (112) Zone, as per the plan, "Zoning Plan Lots 18 & 19
Hope Street ", dated August 5, 2015, prepared by Hutchins - Trowbridge Associates, Inc. Mr. Shannon
seconded the motion.
Discussion:
Ms. Garber - Miller said this is a flat, dry, square lot that currently complies with all the regulations and if
divided, would create two non - conforming lots.
Mr. Luca noted there were no objections from the neighbors for this project, but said the Zoning By-
Laws were already in place when the additional properties were purchased.
Mr. Mackie said the size of the property with one house fits with the character of the neighborhood.
Motion failed 1 -4 -0.
Hearing ended at 7:55 pm.
4. Advance Auto Parts, 296 Chauncy Street, Map 20, Parcel 185
The Chair read the public hearing notice for the application of Site Enhancement Services /Patrick Huyge
for a Variance from Section 4.7.1.1, Wall Sign, of the Zoning By -Law to allow for two (2) 30.7 square -foot
wall signs and one (1) 57.8 square -foot wall sign (119.2 square feet total) for Dynamic Dental; and two
(2) 88 square -foot wall signs (176 square feet total) for Advance Auto Parts; and a Variance from Section
4.7.1.2, Freestanding Sign, to allow one (1) 69.8 square -foot freestanding sign to be shared by the two
tenants at 296 Chauncy Street (Assessor's Map 20, Parcel 185) in the Business 3 (63) Zone.
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The following documents were introduced at the public hearing: Application for Variance, filed with the
Town Clerk's office July 1, 2015; a copy of the public hearing notice; "Advance Auto Parts Site Plan and
Signage Overview ", dated June 30, 2015, prepared by Site Enhancement Services, Inc.
Brent Fortes of Site Enhancement Services, Inc. explained this building will have two tenants, Advance
Auto Parts and Dynamic Dental, and is located at the corner of Commercial (Route 140) and Chauncy
Streets. He said the odd shape of the building as well as the parcel fronting two busy streets, impact this
location. He said the vegetation at the Dynamic Dental entrance makes it difficult for drivers turning
into the parking lot.
Mr. Fortes said the applicant is requesting two (2) 88 square -foot wall signs with 30 -inch lettering for
Advance Auto Parts, shown on the site plan as "Al" and "A2 ", for a total of 176 square feet. Sign "B" is a
freestanding sign with 34.9 square feet per side with 11 -inch panels identifying each tenant. Mr. Fortes
said while freestanding signs are restricted to 16 square feet per side, a large sign is necessary to allow
motorists to read and identify both tenants. He said it will blend well with the other signs in the area.
Mr. Fortes explained there will be three wall signs, totaling 119.2 square feet, for Dynamic Dental,
labeled "1 ", "2" and "3" on the site plan, with one 57.8 square -foot sign ( "1 ") facing Chauncy Street
and two 30.7 square -foot wall signs ( "2" and "3 ") above the main entrance to the building.
Mr. Mackie said because this is a corner lot, there are two frontages, allowing up to 274 square feet of
wall signage. Mr. Fortes said the applicant is asking for a total of 295.2 square feet of signage.
Mr. Fortes said because this is a multi- tenant building on a corner lot with two frontages, and a large
amount of exposed exterior fagade, he feels the applicant has met the three criteria to prove a hardship.
He said if the variance is granted, the proposed signs will identify the site for motorists traveling north or
south and will blend well with the commercial corridor.
Ms. Garber - Miller questioned the need for the two signs for Dynamic Dental. She said the signs are very
large and positioned close together. Mr. Fortes said there are three signs for Dynamic Dental and
because of the shape of the building and the vegetation on Commercial Street (Route 140), the signs will
not be visible at the same time.
Ms. Pruitt asked if the wall signs and the freestanding sign would be illuminated. Mr. Fortes said the
signs will be internally illuminated and all the signs would be turned on and off by a timer, 30 -45
minutes before opening and after closing, or a time designated by the Board. Ms. Garber - Miller said the
Board can specify the hours of illumination in the decision.
Mr. Gallagher asked if sign "A2' could be made smaller. Mr. Fortes said no because the applicant
requested that the lettering be the same size on all the signs.
Ms. Garber - Miller asked if the calculations for the Advance Auto Parts wall sign, "Al", included the red
panel. Mr. Fortes said the red panel is actually incorporated into the fa §ade of the building and the
measurements are for the sign only.
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Ms. Garber - Miller asked about the freestanding sign. Mr. Fortes said the sign is 15 feet high, the
maximum height allowed, but because of the two 11" tenant panels, the 69.8 square -foot sign is over
the 16 square feet per side allowed.
Mr. Gallagher asked if the vegetation on Route 106 would be removed. Mr. Fortes said most of the
vegetation is outside the parcel and, other than a couple of trees, will not be removed.
Mr. Shannon made the motion to approve the Variance from Section 4.7.1.2, Freestanding Sign, to allow
one (1) 69.8 square -foot freestanding sign to be shared by the two tenants at 296 Chauncy Street
(Assessor's Map 20, Parcel 185) in the Business 3 (133) Zone, as per the plan, "Advance Auto Parts Site
Plan and Signage Overview ", dated June 30, 2015, prepared by Site Enhancement Services, Inc. Ms.
Pruitt seconded the motion.
Discussion:
Mr. Luca said the 69.8 square -foot freestanding sign will be more detrimental to this neighborhood.
Mr. Mackie said the other business signs in this area are less intrusive.
Ms. Garber - Miller said there are only two tenants at this location and the applicant is requesting a sign
with 34.9 square feet per side, where 16 feet is allowed. She said the proposed wall signs will be seen
by motorists before they get to the entrance where the freestanding sign will be located. Motion failed
0 -5 -0.
Mr. Luca made the motion to approve the application of Site Enhancement Services /Patrick Huyge for a
Variance from Section 4.7.1.1, Wall Sign, of the Zoning By -Law to allow for two (2) 30.7 square -foot wall
signs and one (1) 57.8 square -foot wall sign (119.2 square feet total) for Dynamic Dental; and two (2) 88
square -foot wall signs (176 square feet total) for Advance Auto Parts, as per the plan, "Advance Auto
Parts Site Plan and Signage Overview", dated June 30, 2015, prepared by Site Enhancement Services,
Inc. Mr. Shannon seconded the motion.
Discussion:
Mr. Luca said the applicant is requesting 295 square feet of wall signs where 274 square feet of Signage
is allowed. He said the 21 additional square feet is a minimal increase, but the applicant can easily
accomplish what they want to do without the need for a variance.
Mr. Gallagher noted that sign number 3, at the corner of Commercial (Route 140) and Chauncy Streets
could be eliminated and the size of sign A2, at the entrance on Chauncy Street, could be reduced.
Mr. Mackie said by reducing the size of all the signs, the applicant would not need a variance.
Motion failed 0 -5 -0.
Hearing ended at 8:25 pm.
5. Expose Signs & Graphics, Inc., 9 Francis Avenue, Map 30, Parcel 81.
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The Chair read the public hearing notice for the application of Expose Signs and Graphics on behalf of
Beacon Communities Connors Ave Realty Trust for a Special Permit /Variance under Section 7.2.2,
Special Permits, of the Zoning By -Law to allow for the change, extension or alteration of a pre- existing,
non - conforming sign at 9 Francis Avenue (Assessor's Map 30, Parcel 81) in the Residential 2 (132) Zone.
The following documents were introduced at the public hearing: Application for Special
Permit /Variance, filed with the Town Clerk's office August 13, 2015; a copy of the public hearing notice;
Plans titled "Village at Mansfield Depot I, 9 Francis Avenue, Mansfield, Massachusetts" dated September
15, 2014, prepared by Hancock Associates LLC; Four sheets of sign details [ "Item #1" (two pages),
revised October 23, 2015 [submitted October 30, 2015); "Item #2 "; "Item #3, dated September 15, 2014,
prepared by Expose Signs & Graphics, Inc.
Andrew Clark of Expose Signs and Graphics, Inc. and Amanda Fernandes, Regional Vice President of
Beacon Communities were present. Mr. Clark said this is a unique situation because this is an existing
Chapter 40B development. He said there is an existing ground sign at the original driveway entrance
and the applicant is going through a re- branding process for the property, changing the name from
"Mansfield Depot" to "Station Pointe Apartments ". Because there currently are two driveways, which
cause confusion when people or first responders enter the property, Mr. Clark said a new 48 "x96" two -
sided island sign will be placed at the primary driveway at the corner of Oakland Street and Francis
Avenue.
Mr. Mackie asked about the two directional signs not included in the original application and plan. Mr.
Clark said a 32 "x36" single -sided directional sign will be installed on Francis Avenue. An additional
32 "x58" two -sided sign will be installed at the Francis Avenue entrance to provide directions to the two
separate buildings. Mr. Mackie said a revised plan will have to be submitted showing the exact location
and setbacks of the all the signs.
Ms. Garber - Miller asked about the illumination. Mr. Clark said the signs will not be illuminated.
Mr. Luca made the motion to approve the application of Expose Signs and Graphics on behalf of Beacon
Communities Connors Ave Realty Trust for a Special Permit /Variance under Section 7.2.2, Special
Permits, of the Zoning By -Law to allow for the change, extension or alteration of a pre- existing, non-
conforming sign at 9 Francis Avenue (Assessor's Map 30, Parcel 81) in the Residential 2 (112) Zone,
subject to the submittal of a revised plan showing the locations of the three proposed signs. Ms.
Garber - Miller seconded the motion.
Discussion:
Mr. Luca said this is a large property and the proposed signs are not unreasonable and will provide
directions to people entering the property.
Ms. Garber - Miller noted the signs will not be illuminated.
Mr. Mackie said it is important to have signs for directions and public safety.
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Motion passed 5 -0 -0.
Hearing ended at 8:35 pm.
6. Homam Sengaba, 8 Jewell Street, Map 6, Parcel 47
The Chair read the public hearing notice for the application of Homam Sengaba for a Variance from
Section 4.2.1 (2), Setback from a Scenic Road, of the Zoning By -Law for the construction of a new house
with less than the required 750 foot setback from Jewell Street at 8 Jewell Street (Assessor's Map 6,
Parcel 47) 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 August 28, 2015; a copy of the public hearing notice; "Proposed House Location Plan
in Mansfield, MA ", dated August 20, 2015 and revised October 1, 2015, prepared by RIM Engineering
Co., Inc.
Mr. Sengaba said the existing house, which is approximately 45 feet from the front property line, will be
razed and a new single - family house constructed. He said the new house will be approximately 52 feet
from the property line, where a 75 -foot setback is required for a scenic way. He said the hardship is the
steep slope and wetlands located in the back of the property. A variance for this property was approved
on October 28, 2014 for lot frontage, area and minimum upland area.
An abutter said she was concern about flooding. Mr. Sengaba said he cannot do any work within the
wetland buffer and there will be a Conservation filing prior to any work being done. He said he will be
removing some trees between his property and the cemetery and he will install a fence in this area.
An abutter asked about the existing drain. Mr. Sengaba said the storm drain would not be disturbed.
Mr. Mackie said this application should be for a Finding.
Ms. Garber - Miller made the motion that the Finding at 8 Jewell Street is an increase in a pre- existing,
non - conforming condition. Mr. Shannon seconded the motion. Motion passed 5 -0 -0.
Mr. Gallagher noted the measurement and description of the proposed setback from Jewell Street are
wrong on the plan; he said the setback from the scenic road should be 46 feet from the proposed front
stairs.
.Ms. Garber - Miller made the motion that the increase in the pre- existing, non - conforming condition at 8
Jewell Street is no more detrimental to the neighborhood than the current condition, issuance subject
to an updated plan with correct measurements and narrative. [Revised plan dated October 1, 2015,
showing the 46 -foot setback was submitted October 1, 20151 Mr. Shannon seconded the motion.
Discussion:
Mr. Luca said the hardship is the topography in the back of the property and the proposed project is less
detrimental than the current condition.
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Motion passed 5 -0 -0.
Hearing ended at 8:50 pm
7. Hemze Sengaba, 140 Williams Street, Map 6, Parcel 101
The Chair read the public hearing notice for the application of Hemze Sengaba for a Variance from
Section 4.2.1, Setback from a Scenic Road, of the Zoning By -Law for the construction of a new house
with less than the required 75 -foot setback from Williams Street at 140 Williams Street (Assessor's Map
6, Parcel 101) 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 August 28, 2015; a copy of the public hearing notice; "Proposed House Location Plan
in Mansfield, MA ", dated August 20, 2015, and revised October 1, 2015, prepared by RIM Engineering
Co., Inc.
Mr. Sengaba said the proposed single- family house will be moved forward by 13 feet, resulting in a 62-
foot setback from the front property line, where 75 feet is required. He said the hardship is the steep
slope in the back and wetlands located in the back and right sides of the property.
Ms. Carol Lucas, 100 Williams Street, asked the Board to vote in favor of the variance for this application
and the application for 8 Jewell Street because she said both projects will be a big improvement to the
neighborhood.
Ms. Pruitt noted that the front setback measurement in the narrative and on the plan does not match
and asked for a revised plan showing the correct measurement.
Ms. Garber - Miller made the motion to approve the application of Hemze Sengaba for a Variance from
Section 4.2.1, Setback from a Scenic Road, of the Zoning By -Law for the construction of a new house
with less than the required 75 -foot setback from Williams Street at 140 Williams Street (Assessor's Map
6, Parcel 101) in the Residential 1 (111) Zone, subject to the submittal of a plan showing the corrected
setback description and dimensions; measurement should be 62 feet from the proposed front stairs.
Mr. Luca seconded the motion.
Discussion:
Mr. Luca said the topography and the lot shape create a hardship, resulting in limited options to locate
the house. He said the new house will be farther away from the front property line than most
neighboring houses and will not be out of character with the neighborhood.
Motion passed 5 -0 -0.
Hearing ended 8:55 pm.
8. New Business:
Discussion of Potential Zoning Changes for Commercial Signs:
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Mr. Mackie asked if the Board believes the sign by -law is too restrictive and if they would be in favor of
meeting with the Planning Board to discuss changes to the By -Law or do they want to handle sign issues
on a case by case basis. Mr. Mackie said businesses are adding signs without submitting a ZBA
application for approval; Whites Pastry Shop, Dunkin Donuts and NRG Energy Lab never applied for a
sign variance.
Mr. Mackie polled the Board: Mr. Shannon and Mr. Luca were in favor of looking at changes; Ms.
Garber - Miller, Ms. Pruitt and Mr. Mackie in favor of staying with the current By -Law.
Mr. Luca said the by -law is restrictive in some areas. He said the integrity of the down -town areas needs
to be upheld but the By -Law should be less restrictive if it is clearly a commercial /shopping area such as
Mansfield Crossing. He said if there is going to be a major re- development in certain areas, with a use
change, maybe the signage requirements should be changed. He noted that there are flashing signs and
many placards in town.
Ms. Garber - Miller said because of the potential to re- develop the train station area and possibly Main
Street in the future, if you start making or recommending changes, you could lose control in certain
areas.
Mr. Luca said the town should decide on a specific look and enforce it. He said there are towns that
require signs have only two colors, be one - sided, and no illumination.
Ms. Garber - Miller said there appears to be an enforcement issue with businesses not complying with
the current By -Law.
9. Old Business:
The minutes of March 3, 2015 were approved with the correction as noted — Shannon /Pruitt. Passed 5-
0-0.
The minutes of August 4, 2015 were approved as written — Shannon /Pruitt. Passed 5 -0 -0.
The minutes of June 9, 2015 will be reviewed and approved at the October meeting.
Adjournment:
Motion to adjourn at 9:40 pm — Shannon /Pruitt Passed.
Next meeting will be October 20, 2015.
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Elisa et� h Garber- Miller, Clerk Date
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