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HomeMy WebLinkAboutZBA04052016Town of Mansfield Zoning Board of Appeals April 5, 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 Pruitt; Matthew Cummings; Associate Member Aaron Gallagher. 1. Meeting opened at 7:30 pm. 2. Sign Designs, 800 South Main Street (Eastport Reservoir — Great Woods Family Medicine, Map 16, Parcel 27 Continued from January 19, 2016 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; January 19, 2016 request to continue the public hearing to February 2, 2016 and January 29, 2016 request to continue the public hearing to April 5, 2016; letter from Eastport Real Estate Services, dated March 18, 2016; "Steward Medical Group ", dated July 23, 2015, and revised March 16, 2016, prepared by Sign Design, Inc., Visual Communication Solutions. Scott Ferrigno, Sign Design, Inc., representing Steward Medical Group, said at the January hearing the Board questioned whether or not the existing Great Woods Dentistry sign received a building permit; it was confirmed the Building Department issued a permit in 2007 but no variance was found. Mr. Ferrigno said he reached out to Dr. Mistikawi, proposing a multi- tenant sign, offering to remove the existing sign and add the dentist brand to the new sign at no cost to him. Mr. Mistikawi declined the offer, saying he fought with the town and paid a lot of money to have the sign placed and had no interest in changing or removing the sign; Steward Medical Group can fight to have their own sign without blocking his sign. Mr. Ferrigno said Steward Medical Group is still very interested in going forward with the sign, an internally illuminated sign cabinet with changeable planks for a total of five (5) tenants. Ms. Garber - Miller said a plan was submitted to the Building Department for a multi- tenant sign in 1981 but the applicant never went forward with the application. Mr. Ferrigno said Eastport Real Estate Services is listed as the landlord and has agreed to the multi- tenant sign provided Great Woods Dentistry agreed to have their sign removed and their brand added to the new sign. Ms. Garber - Miller said the Board is trying to avoid a proliferation of signs; although she is entirely sympathetic to Steward Medical Group desire to have a sign there she does not want to see multiple, individual tenant signs. She said this issue should be the responsibility of the property owner. Mr. Luca said he does not have an issue with the proposed sign but the Great Woods Dentistry sign would have to be removed. Mr. Gallagher clarified that Steward Medical Group is proposing a multi- tenant sign but according to the landlord, the sign cannot be installed without the existing sign being removed. Mr. Luca asked if the requested variance for the Steward Medical Group sign could be approved conditionally, pending the removal of the existing sign. Ms. Garber - Miller said a motion can be made with the stipulation that any existing signage must be removed; she said in no case shall there be more than one sign allowed for this property. She noted at this time there is nothing more the Board can do. Mr. Shannon suggested another option would be to incorporate the new sign into the existing sign, giving the appearance of one continuous sign. Mr. Luca said this is a landlord /tenant issue. He suggested granting the variance for one sign, to be added or built around the existing sign. Ms. Garber - Miller said if the variance is approved for a multi- tenant sign, a condition would be added that the existing sign would be removed. Ms. Garber - Miller suggested Mr. Ferrigno come back with a revised plan, incorporating the existing sign to give the appearance of one sign with the exact location of the new sign on the property. She noted the dentist does not actually own the land the sign is on. Mr. Ferrigno said the multi- tenant sign would cover all the tenants in the building, preventing a proliferation of signs. The hearing was continued to May 24, 2016. Hearing ended at 7:45 pm. 3. Discussion of 33 Paine Road, Map 17, Parcel 13. William Clemmey, Quirk Trust was present. Mr. Clemmey was granted a Finding in 2013 to allow for the construction of a new single - family house on a pre- existing, non - conforming lot. At this time, Mr. Clemmey would like to relocate the proposed house on the lot, allowing for less intrusive setbacks. The new plan dated February 5, 2016 shows the front yard setback from Paine Road will remain the same at 26.1 feet, where 30.0 feet is required. On Copeland Drive, the house would be 31.2, where 22.3 feet was approved and the proposed stairs will be 24.2 where 23.3 feet was approved. Mr. Clemmey said the proposed deck on the right side of the house will be 20.8 feet instead of the 17 feet approved. Mr. Clemmey noted the relocation of the house will be a better fit for the property, less intrusive than the original plan and will allow the sewer line to be located in the lawn area. Mr. Luca made the motion to approve the change to the plan, "Proposed House Location Plan at Hse. No. 33 Paine Road ", dated July 30, 2013 and revised February 5, 2016, prepared by RIM Engineering Co., Inc. Mr. Shannon seconded the motion. Discussion: Mr. Luca said the changes will be less intrusive than the 2013 plan. Motion passed 5 -0 -0. Hearing ended at 7:50 pm. 4. John C. and Carol A. Hurley, 274 Fruit Street, Map 34, Parcel 49. The Chair read the public hearing notice for the application of John C. and Carol A. Hurley for a Special Permit /Variance from Section 230- 3.10 B(2), Non - Conforming Uses; Changed, Extended or Altered, to allow the change, extension or alteration of a pre- existing, non- conforming use at 274 Fruit Street (Assessor's Map 34, Parcel 49) in the Residential 2 (112) zone. The following documents were introduced at the public hearing: Application for a Variance, filed with the Town Clerk February 17, 2016; a copy of the public hearing notice; "Plan of Land in Mansfield, MA" dated February 2, 2016, prepared by RIM Engineering Co., Inc. Owner John Hurley explained he wants to replace an existing 23'x23' structure with a 40'x40', two- storied building on the property he has owned since 1985. Mr. Hurley said in 1990 he requested and was granted a variance to add a 100'x36' building; a requirement of the variance placed a restriction on the use of portable storage trailers on the property. He said they have complied with the restriction but the business has grown and expensive equipment is now being stored on site. He said the new building would allow for the equipment to be stored properly. Mr. Luca asked who owned the abutting property. Mr. Hurley said he owns the house at 282 Fruit Street. Mr. Hurley said he believes he has been a good neighbor to the airport as well as direct abutters. He said they have tried to keep the residential look of the neighborhood and the property has always been maintained and kept as neat as possible. Ms. Garber - Miller said the filing should have been for a Finding because Mr. Hurley is not changing the use, just expanding a non- conforming use. Mr. Cummings made the motion that the request for a Finding for John Hurley at 274 Fruit Street is an increase in a pre- existing, non- conforming condition. Mr. Luca seconded the motion. Motion passed 5 -0 -0. Mr. Cummings made the motion that the increase in the pre- existing, non - conforming condition per the plan, "Plan of Land in Mansfield, MA" dated February 2, 2016, prepared by RIM Engineering Co., Inc., at 274 Fruit Street, is no more detrimental to the neighborhood than the current condition. Mr. Luca seconded the motion. Discussion: Ms. Garber - Miller said this will be a bigger building, increasing the non - conformity. She said the airport is located across the street and the only property which would be directly affected by the proposed project is owned by Mr. Hurley. Mr. Shannon said the proposed building would be an improvement and no more detrimental to the neighborhood then the existing building. Ms. Pruitt said this is an odd - shaped building and noted Mr. Hurley owns the abutting property. Mr. Luca said the existing building would shield the other houses in the neighborhood. Motion passed 5 -0 -0. Hearing ended at 8:00 pm. 5. Ronald and Susan Quintiliani, 41 Lakeview Avenue, Map 4, Parcel 53. The Chair read the public hearing notice for the application of Ronald and Susan Quintiliani for a Variance from Schedule 4.1F, Side yard Setback, for the construction of a new house on the footprint of the existing house, with an attached garage with less than the required side yard setback, at 41 Lakeview Avenue (Assessor's Map 4, Parcel 53) in the Residential 1(R1) zone. The following documents were submitted: Application for a Variance, filed with the Town Clerk's Office on March 4, 2016; a copy of the public hearing notice; "Proposed House Addition at Hse. No. 41 Lakeview Avenue in Mansfield, MA" dated March 1, 2016, prepared by RIM Engineering Co., Inc. Craig Cygawnoski, RIM Engineering Co. Inc., representing homeowners Mr. and Mrs. Quintiliani, said the house, which was built in 1950, was inspected and the foundation found to be in disrepair and, at the recommendation of the builder, the house will be demolished and a new house built within the same footprint as the original house. Mr. Cygawnoski said the homeowners would also like to remove the existing detached garage, which is only 3.9 feet from the existing house and 5.0 feet from the property line and replace it with an attached garage, which will be larger but still have a 5 -foot side yard setback. Mr. Gallagher inquired about the existing steps located within the side yard setback. Mr. Shannon was also concerned about the proposed steps and Mr. Luca asked if the steps were stand -alone structures or part of the building. Mr. Cygawnoski said the steps between the existing house and garage have rotted and new steps will be built between the new garage and the property line. Glenn Peterson, 104 Plain Street, said he supports this project because it will be an improvement. Robert Freerken, 51 Lakeview Avenue, said he supports the plan as presented. Mr. Luca asked if there is a homeowner's association and is the project in conformance with the association. Mr. Freerken said yes, the Bungay Lake Association supports the project. Ms. Garber - Miller said the existing garage was built 5 feet from the lot line because it was allowed as an accessory structure but now the proposed garage will be incorporated into the house so it will no longer be considered an accessory building. She said there will be an increase in the encroachment with the proposed garage and the addition of steps along the lot line. She said she would be more comfortable if there was some attempt to minimize the encroachment on the lot line. Mr. Quintiliani said this area would be terraced and landscaped to reduce the slope and suggested eliminating the steps entirely with access on the opposite side of the house. Kevin Boyden, 37 Lakeview Avenue, said this is already a non - conforming use and asked about the required side yard setback if the garage is attached. Ms. Garber - Miller said according to the plan, the proposed garage will be no closer to the property line than the existing garage, although it would be larger in terms of length. Mr. Boyden said his only concern with the project is the two -story, attached garage. Mr. Shannon asked if there would be a room above the garage. Mr. Quintiliani said the second floor of the garage would be a storage area; he noted the proposed garage would not be any closer to the property line than the existing garage. Mr. Boyden said when he applied for a building permit to construct a garage, he was told a detached garage could be 5 feet from the property line but once the proposed garage is attached to the house, the required side yard setback would be 15 feet. He said the existing garage is actually only 42" from the property line and if the variance is approved as presented, it would create more of an encroachment and make it hard for him to maintain his property. He asked if the house could be shifted to the left to create more of a setback. Mr. Quintiliani suggested making the storage area smaller, reducing the height of the garage. Ms. Garber - Miller said the house has to be removed because the foundation is deficient and asked what the motivation is for putting the house within the existing house footprint. Mr. Quintiliani said it would be hard to re- locate the house because the septic system is in the front yard. Mr. Shannon suggested the location of the proposed garage be changed to the left side of the house. Mr. Luca said according to the plans the existing garage is 5 feet from the property line but Mr. Boyden stated the garage is 42" from his house. Mr. Boyden said he has had his property surveyed twice, showing there is a 42" setback from his property line to the existing garage. Mr. Luca suggested the property be surveyed to accurately determine the property line. Ms. Garber - Miller said the hearing should be continued and a revised plan developed to see if the house and garage could be re- located; the plan should also show elevations to determine the height of both structures. Mr. Luca would like an actual measurement between Mr. Boyden's house and the proposed garage at 41 Lakeview Avenue. The hearing was continued to May 24, 2016 Hearing ended 8:52 pm. 6. New Business: 7. Old Business: Approval of January 19, 2016 minutes. Motion to approve with corrections (Luca /Pruitt). Motion passed 5 -0 -0. 8. Adjournment: Motion to adjourn at 9:00 pm. (Luca /Cummings). Motion passed. Next meet itlg -wil lie May 24, 2016 7:30 pm. David � , Clerk Date :]