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HomeMy WebLinkAboutZBA01192016Town of Mansfield s i_ Zoning Board of Appeals January 19, 2016 { The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:30 pm. Present: Elisabeth Garber - Miller, Chair; David Luca, Clerk; Philip Shannon;, Darlene Prdift�- 'Associate Member Matthew Cummings; Associate Member Aaron Gallagher. 1. Meeting opened at 7:30 pm. 3. Reorganization Ms. Garber Miller called for nominations for Chairman. Mr. Luca made the motion to nominate Ms. Garber - Miller as Chair. Mr. Gallagher seconded the motion. Motion passed 5 -0 -0. Ms. Garber - Miller called for nominations for Clerk. Mr. Shannon made the motion to nominate Mr. Luca as Clerk. Mr. Cummings seconded the motion. Motion passed 5 -0 -0. 2. Sign Designs, 800 South Main Street, Map 16, Parcel 27 The Chair read the public hearing notice for the application of Sign Designs, Inc. on behalf of Eastport Reservoir, LLC for a Variance under Section 230 -4.7, Signs, of the Zoning By -Law to allow for the installation of a second free - standing sign at 800 South Main Street (Assessor's Map 16, Parcel 27) in the Planned Business District (PBD) The following documents were introduced at the public hearing: Application for a Variance, filed with the Town Clerk December 15, 2015; a copy of the public hearing notice; Plan: "Steward Medical Group ", dated July 23, 2015, prepared by Sign Design, Inc., Visual Communication Solutions. Mr. Cummings was appointed a voting member for this hearing. Scott Ferrigno, Sign Design, Inc., explained the Steward Medical Group needs a sign to assist their patients in finding the practice. He said there are two separate buildings on the property, with a dental office at 792 South Main Street and the medical group at 800 South Main Street. He said initially the dental practice was approached with an offer to design a sign to include both practices but the owner refused. He said the new 4'x4', non - illuminated sign will be installed above the existing sign. Ms. Garber - Miller noted there are no signs to identify the other tenants of the two buildings but agreed the medical office should have a sign. She said she is concerned if this variance is granted more tenants will want individual signs. She said she would like to find a less intrusive alternative to allow for a sign and suggested a multi- tenant sign or signage for the building at 800 South Main Street be considered. Ms. Garber - Miller said once the variance is approved, the sign will run with the property. Mr. Ferrigno asked if signage could be placed in the window. Mr. Luca said he assumed the building owner applied for the Variance and asked if Steward Medical Group received permission to erect the sign. Mr. Ferrigno said they have permission. Mr. Gallagher said the owner of the building should apply for the sign instead of individual tenants. Mr. Ferrigno said he spoke with the landlord about installing a multi- tenant sign but there have been no requests for signage. Mr. Luca said Mr. Ferrigno should make sure the dental sign was legally installed, and if not, the sign will have to be removed. If it is a permitted sign, the applicant should get permission from the landlord to re -do the existing sign, to include both the dental office and Steward Medical Group. Mr. Shannon suggested incorporating a sign that will accommodate additional tenants. Mr. Luca said the hearing should be continued to February 2, 2016. 3. Brian and Stephanie Schwartz, 32 Ian Keats Drive, Map 35, Parcel 199. The Chair read the public hearing notice for the application of Brian and Stephanie Schwartz for a Variance from Section 4.2.A, Side Yard Setback, of the Zoning By -Law for an existing deck with less than the required setback from the side lot line at 32 Ian Keats Drive (Assessor's Map 35, Parcel 199) in the Residential 1 (R1) zone. The following documents were introduced at the public hearing: Application for a Variance, filed with the Town Clerk December 15, 2015; a copy of the public hearing notice; Plan, " Proposed Addition Plan 32 Ian Keats Drive Mansfield, MA" dated November 16, 2015, prepared by GLM Engineering Consultants, Inc. Mr. Cummings was appointed a voting member for this hearing. Homeowners Brian and Stephanie Schwartz were present. Mr. Schwartz said after they purchased the house in 2002, they removed the existing deck and added a room with a 14'x12' deck. In 2003, a section of the deck was enclosed with a screened porch; however, the section of the deck that is now in question remained the same. Mr. Schwartz said when he applied for a building permit in December 2015 to construct an addition, it was discovered the deck built 12 years ago had never been permitted and a corner of the deck was 23.1 feet from the side property line where 25 feet is required. Mr. Shannon asked what portion of the deck encroaches into the side yard setback. Mr. Schwartz said 95% of the deck is beyond the required 25 feet. Mr. Cummings made the motion to approve the application of Brian and Stephanie Schwartz for a Variance from Section 4.2.A, Side Yard Setback, of the Zoning By -Law for an existing deck with less than the required setback from the side lot line at 32 Ian Keats Drive in the Residential 1 (111) zone, as per the plan, "Proposed Addition Plan 32 Ian Keats Drive Mansfield, MA" dated November 16, 2015. Mr. Luca seconded the motion. Discussion: Ms. Garber - Miller said the deck has been there for 12 years and it is a minimal encroachment. Motion passed 5 -0 -0. Hearing ended at 8:00 pm. 4. Conroy Development Corporation, 600 West Street, Map 44, Lot 900. The Chair read the public hearing notice for the application of Conroy Development Corporation for a Variance from Schedule 4.213, Front Yard Setback and Minimum Open Space of the Zoning By -Law for the construction of an Office /warehouse building where 50 feet of front yard setback is require and 31 is proposed; and where 35% open space is required and 31% is proposed at 600 West Street (Assessor's Map 44, Parcel 900) in the Planned Business District (PBD). The following documents were submitted: Application for a Variance, filed with the Town Clerk's Office on December 18, 2015; a copy of the public hearing notice; "Plan of Land 600 West Street Mansfield Massachusetts" dated December 8, 2015, prepared by Bay Colony Group, Inc. Mr. Cummings was appointed a voting member for this hearing. Attorney Edward Valanzola, Joseph Lynch, Senior Vice President of Conroy Development, and Bernard Guen, Senior Transportation Engineer from Vanasse & Associates, were present. Attorney Valanzola said the Zoning Board granted a Variance on this 6.28 acre site for the same relief in 2013. He said the size of the proposed building will remain the same, 91,200 +/- square feet, as does the front setback of 31 feet, where 50 feet is required, and the open space, where 35% is required, will remain at 31 %. He said the building will comply with zoning in all other respects. Attorney Valanzola said the building will actually be 47 feet from West Street because of a grass buffer between the front property line and the West Street pavement, three feet less than the required 50 feet. Attorney Valanzola explained the hardship is the triangular shape of the lot, which makes it challenging to locate the building. He said the Applicant purchased the building in 2007, at a time when the economy made marketing the building difficult. He said at that time, a 100,000 square -foot building was planned. The proposed research development /office /warehouse building was reduced to 91,200 square feet and will have two driveways to allow for two tenants, each with their own parking and entrance to the building. Attorney Valanzola said the number of parking spaces meets the requirements of the By- law. He noted the building's size and shape have not changed from the 2013 filing. Attorney Valanzola said the construction costs will exceed $5 million, provide construction jobs for more than six months, with the potential for more than 100 new permanent jobs, in addition to the permit and licensing fees to the town. Mr. Shannon asked what has been changed from the 2013 application; Attorney Valanzola said the only change is the addition of the second driveway. Mr. Shannon said the main concern in 2013 was the second driveway. Mr. Lynch said it is important to have the second entrance; otherwise it would be a single tenant building, which would be more difficult to market. Mr. Lynch said he spoke with Shaun Burke, Director of Planning and Development, who suggested a traffic engineer do a site distance study to make sure there are no safety issues with the second driveway. Attorney Valanzola said if the Board votes favorably for the Variance, the Applicant would still have to go before the Planning Board for site plan approval. Bernard Guen explained he was hired to look at the sight distance based on the configuration of the second driveway. He measured existing conditions, traffic speed and volume over a 48 -hour period and said the sight distance for both driveways meets federal and state design standards. He said, based on the evaluation, he does not think this is a problem location or a safety issue. Ms. Garber - Miller asked when the study was done and if the study showed an issue with traffic coming out of and going into Hampshire Street. Mr. Guen said the study was done Wednesday, November 18, 2015 and Thursday, November 19, 2015. He said the driveways are 150 feet apart, measured center to center, which is the minimum requirement. Ms. Garber - Miller asked if the east side driveway would be designated for trucks only. Mr. Lynch said the east side driveway would be for truck access only and the second driveway would be used primarily for employees. Attorney Valanzola said the Board could make that a condition of the Variance. Mr. Gallagher questioned the sight distance at the second driveway because of the tree line and asked where the stop line would be. Mr. Guen said typically the stop line is 10 -12 feet back from the edge of the roadway. Ms. Garber - Miller said the trees and vegetation on the south side of West Street will be trimmed. Ms. Pruitt asked if truck traffic would enter and exit from the east side driveway. Mr. Lynch said there would be signage restricting truck traffic to the east side driveway. Mr. Cummings made the motion to approve the application of Conroy Development Corporation for a Variance from 230.4.2 Schedule 4.2B, Front Yard Setback, where 50 feet of front yard setback is require, and 31 feet is proposed, for the construction of an office /warehouse building at 600 West Street (Assessor's Map 44, Parcel 900) in the Planned Business District (PBD), as per the plan titled "Plan of Land 600 West Street Mansfield Massachusetts ", dated December 8, 2015, with the condition the truck traffic ingress and egress be restricted to the east entrance. Ms. Pruitt seconded the motion. Motion passed 4 -1 -0. Mr. Luca made the motion to approve the application of Conroy Development Corporation for a Variance from 230.4.2 Schedule 4.2B, Minimum Open Space, where 35% open space is required and 31% is proposed, for the construction of an office /warehouse building at 600 West Street (Assessor's Map 44, Parcel 900) in the Planned Business District (PBD), as per the plan, "Plan of Land 600 West Street Mansfield Massachusetts ", dated December 8, 2015, with the condition that the east entrance be marked for trucks only. Mr. Cummings seconded the motion. Discussion: Ms. Garber - Miller said the triangular shape lot limits the use of the property. Motion passed 4 -1 -0. Hearing ended at 8:20 pm. New Business: Old Business: Approval of December 2, 2015 minutes (Luca /Cummings) Passed 5 -0 -0. Adjournment: Luca, Clevf V Date