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HomeMy WebLinkAboutZBA06212016Town of Mansfield Zoning Board of Appeals �r.trrr� June 21, 2016 bU,.ri �s cirulu The Zoning Board of Appeals held its regular meeting in the Town Hall, Mans?41111, 0 23Qap4- 15@ent at the hearing were the following members: Elisabeth Garber -Miller, Chair; David Lgc,a, ,Clerk; Darlene Pruitt; Matt Cummings; Associate Member Aaron Gallagher; Associate Member Eric Correira , `.'� , �' 1 SLD S 1. Meeting opened at 7:30 pm. 2. Sign Designs, 800 South Main Street (Eastport Reservoir — Great Woods Family Medicine, 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; request to continue the public hearing to February 2, 2016, request to continue the public hearing to April 5, 2016, request to continue the public hearing to May 24, 2016 and request to continue the public hearing to June 21, 2016; letter from Eastport Real Estate Services, dated March 18, 2016; "Steward Medical Group", dated July 23, 2015, and revised March 16, 2016, and May 23, 2016, prepared by Sign Design. Mr. Gallagher was appointed a voting member for this hearing. Scott Ferrigno, Sign Design, Inc., representing Steward Medical Group, was present. Ms. Garber -Miller explained this application for a sign came before the Board in January on behalf of a medical practice at 800 South Main Street. She said a sign was never installed by the owner to identify the tenants in the two buildings at this property, making it hard to find the medical practice. She said there is an existing sign for the dental practice, which was permitted in 2007 without a variance. When the public hearing on this application was opened in January, the Board said it would consider allowing one sign if the dentist's sign were to be added to the new sign; the dentist refused. Mr. Ferrigno was then asked to design a sign, incorporating the existing dental sign into the proposed sign to give the appearance of a single sign. Ms. Garber -Miller noted that the dentist does not own the land upon which his sign is sited, and does not own any air space rights. Mr. Ferrigno submitted a revised plan, dated May 23, 2016, showing the two signs combined. He said this will be a 45 square -foot, non -illuminated sign, with the Steward Medical Group sign at the top with smaller panels for other tenants. Ms. Pruitt asked if this would be a double -sided sign. Mr. Ferrigno said it would be. Ms. Garber -Miller said the motion should state if the landlord were to install a full tenant sign, all other signs on the property would be removed and the new sign is to be placed over the existing dental sign because the plan does not show the exact location of the new sign. Mr. Luca made the motion to approve 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) with the conditions that the new sign be placed in the exact location of the existing dental sign as shown on the plan, "Steward Medical -_' Group', dated July 23, 2015, and revised March 16, 2016, and May 23, 2016, and that any other freestanding signs be removed. Ms. Pruitt seconded the motion. Discussion: Mr. Luca said the new plan complies with everything the board discussed at the previous hearings. Ms. Garber -Miller said this is a medical practice and patients need to know where it is located; she noted there are two buildings on this property, which could potentially be confusing to the patients. Ms. Garber -Miller said the owner of the property should have provided signage. Motion passed 5-0-0. Hearing ended at 7:37 pm. 3. Michael Feck, 668 Elm Street, Map 15, Parcel 3. The Chair read the public hearing notice for the application of Michael Feck for a Variance from Zoning By -Law Section 230-1.5, Lot Width and Schedule 4.2A, Density and Dimensional Regulations, Residential Districts, Frontage, to allow for the creation of a lot with less than the required lot width and lot frontage at 668 Elm Street (Assessor's Map 15, Parcel 3) in the Residential 1 (111) zone. The following documents were introduced at the public hearing: Application for a Variance filed with the Town Clerk April 28, 2016; a copy of the public hearing notice; "Zoning Plan 668 Elm Street" dated April 7, 2016, prepared by Hutchins -Trowbridge Associates, Inc., Mansfield, MA. Mr. Gallagher was appointed a voting member for this hearing Michael Trowbridge, Hutchins -Trowbridge Associates, and property owner Michael Feck were present Mr. Trowbridge said Mr. Feck is seeking a variance on lot width and lot frontage to create two lots out of one parcel. Mr. Trowbridge said Mr. Feck is proposing a driveway to the north of the existing house on Lot 2, which has 80,700 square feet of area, and a new Lot 1, with 80,700 square feet, in the back of the parcel. Mr. Trowbridge said there is Hodges Brook rverfront area at the rear of the property, requiring a 200 -foot buffer for new construction, so any work within this area would be closely scrutinized by Conservation; under the Riverfront Act, no work would be allowed in the 0 -200 -toot area. Mr. Trowbridge said there are no wetlands on the property, but the land drops significantly towards the Hodges Brook. He said the soils in this area are generally sandy and ground water is not an issue. Mr. Trowbridge said this property is very similar to the Murphy property at 670 Elm Street. He said the hardship is the existing brook and the shape of the lot, which is approximately 3.6 acres. He said a residential compound with a wide driveway and drainage would require a special permit, which would require a significant amount of money be spent for design and filing fees, with no assurance of approval. Gary Egan, 674-678 Elm Street, said the existing lot is already non -conforming and he is strongly against this project because he said this is not a variance, it is a zone change. He said if the variance is granted, there are 15-20 houses on this street that could potentially apply for the same variance. E Ralph Calderwood, 37 Oak Leaf Drive, asked if a special variance would be required for the septic system. Mr. Trowbridge said a variance would not be required; under Title 5, a septic system can be installed within 50 feet of Hodges Brook. Patricia Calderwood, 37 Oak Leaf Drive, said she was concerned about flooding from Hodges Brook and the drainage on Oak Leaf Drive. She mentioned there is a lot of debris in the brook that needs to be cleaned up. Mr. Trowbridge said this project would have to go to the Conservation Commission and roof drains connected to subsurface drainage would be a requirement for the runoff. He said a stone trench could also be installed along the driveway. William Arbuckle, 673 Elm Street, asked about the proposed driveway adjacent to the property on the north side of the parcel. Mr. Trowbridge said the driveway would be located along the property line. Mr. Trowbridge said Mr. and Mrs. Murphy, 670 Elm Street, also have concerns. Mr. Trowbridge said he met with them and suggested a 50 -foot no cut restriction be placed on the property to create a vegetated buffer between the properties. He said the closest point from the new house to the property at 670 Elm Street would be 275+ feet. Ms. Garber -Miller asked if the new lot's proposed 15.13 foot wide driveway would be wide enough for a fire truck. Mr. Trowbridge said the driveway would allow for emergency vehicles. Mr. Gallagher asked who owns the property and if Mr. Feck will be building a house for a family member. Mr. Trowbridge said Mr. Feck owns the entire parcel. Mr. Feck said he is working on the existing house to either sell or rent and he plans to live in the proposed new house. Mr. Arbuckle said he does not have a problem with someone using their land; he said his only concern is that a duplex would be built on the lot. Mr. Trowbridge said this area used to be zoned for duplexes, but that is no longer an allowed use. Mr. Cummings made the motion to approve the application of Michael Feck for a Variance from Zoning By -Law Section 230-1.5, Lot Width and Schedule 4.2A, Density and Dimensional Regulations, Residential Districts, Frontage, to allow for the creation of a lot with less than the required lot width and lot frontage at 668 Elm Street (Assessor's Map 15, Parcel 3) in the Residential 1 (131) zone as per the plan, "Zoning Plan 668 Elm Street" dated April 7, 2016, Mr. Gallagher seconded the motion. Discussion: Mr. Gallagher asked if applications to divide one lot into two lots are done often. Ms. Garber -Miller said ordinarily the board has looked favorably when a lot is divided as long as one of the lots remains compliant, but the Board has had a more difficult time with proposals that make a conforming lot non-compliant. Ms. Pruitt said she does not see a hardship. Motion failed 2-3-0 (Luca & Gallagher in favor; Pruitt, Garber -Miller and Cummings opposed). Hearing ended at 8:00 pm. 4. Ellen Rosenfeld Trustee, Ellen Realty Trust, West Street, Map 8, Lot 57. The Chair read the public hearing notice for the application of Ellen Rosenfeld Trustee, Ellen Realty Trust, for Variance from Section 230, 4.2, Schedule 4.28 of the Zoning By -Law to construct a building on a pre-existing, non -conforming 3 lot with less than the required lot area, lot frontage and lot width at [Map 8, Lot 571 West Street in the Planned Business District (PBD). The following documents were introduced at the public hearing: Application for a Variance filed with the Town Clerk May 20, 2016; a copy of the public hearing notice; letter dated April 21, 2016 from William R. Ross, Town Manager: Action by Board of Selectmen Regarding Medical Marijuana Dispensary; "West Street Site Plan of Land in Mansfield, MA" dated May 16, 2016, prepared by Merrikin Engineering, LLP; updated, untitled color building rending. Mr. Gallagher was appointed a voting member for this hearing. Attorneys Edward and Matthew Valanzola, Ellen Rosenfeld and Dan Dumus were present. Attorney Edward Valanzola, representing Ellen Realty Trust, explained a variance granted in 2014 for this property has lapsed. He said a new plan, similar to the 2014 plan, has been submitted, showing the building size reduced from 10,500 square feet with a front yard setback of 87.0 feet to 6,800 square feet with a front yard setback of 86.5 feet. Attorney Valanzola said a one-story building is proposed and the applicant is seeking relief from lot area, providing 35,986 square feet where 40,000 square feet is required; lot frontage, providing 120.0 feet where 200 feet is required; and lot width, providing 119.0 feet where 200 feet is required. Attorney Valanzola said the hardship is the lot's deep, narrow shape and the variance could be granted without substantially derogating from the intent or purpose of the Zoning By -Law. Ms. Garber -Miller said the new building looks very different from the one proposed in 2014, which was to be used for small businesses; she asked what the smaller proposed building would be used for. Attorney Valanzola said the proposed building is for a single tenant, a medical marijuana dispensary. He said the applicant is not seeking relief for the proposed use and will still have to go before the Planning Board for a special permit. Ms. Garber -Miller asked if this would be considered retail because in the past, the board has not allowed existing businesses to have retail in this zone. Attorney Valanzola said this is a special permit use. Attorney Valanzola submitted a letter dated April 21, 2016 from William R. Ross, Town Manager regarding "Action by Board of Selectmen Regarding Medical Marijuana Dispensary." Ms. Garber -Miller said the building is fine, but the applicant should get permission for that use first and then come before the ZBA for a variance to construct the building. Mr. Luca said in November 2016, the law might change to allow for recreational marijuana. He asked if another permit would be necessary if the medical dispensary were converted for both uses. Attorney Valanzola said they would have to come back because the permit is only for a medical dispensary. He said he spoke with Planning Board Chair Thomas French, who said a variance should be in place before submitting plans to the Planning Board. Attorney Valanzola said he is not asking the board to approve the use. Applicant Ellen Rosenfeld said everything done so far has been under CommCan, Inc., a non-profit organization set up with the Department of Public Health for the manufacture and sale of medical marijuana; she said anything done in this building would be for medical purposes. She said if they were to come back for recreational marijuana, it would be under a separate corporation. She said Mr. Ross has added a clause prohibiting co -locating at this location; this provision and special permit would specify the use and any conditions. Ms. Garber -Miller said although Mr. Ross certified this area is zoned for a medical marijuana dispensary, there is not a specific category in the new by-law and asked for an opinion from Town Counsel, saying this is a permitted use in this 4 zone. Attorney Valanzola said the applicant is asking the board to look at the same relief granted in 2014 for lot frontage, width and lot size; he said the use of the property is not before the board. Ms. Rosenfeld said if she is not granted the dimensional relief, the proposed project will not go forward. She said the decision could state the board does not endorse the proposed use of the property. Mr. Gallagher asked how many vehicles per day would be coming in and out of the dispensary. Dan Dumus of MOM explained the traffic issues and said there would be approximately 250 vehicle trips per day to the site; 125 in and 125 out. Mr. Luca asked if the visits would be by appointment only. Ms. Rosenfeld said they would not. Mr. Luca asked about the notification of abutters. Attorney Valanzola said property owners within 300 feet of the property were notified. Mr. Luca asked what else could be done with this property if the variance is not granted. Attorney Valanzola said this is a difficult site and the client who received a variance in 2014 was unable to market the building. Mr. Gallagher said if the variance is granted, but the dispensary does not produce economically, what would prevent a retail establishment from using the site. Attorney Valanzola said the variance would be for the building and any other use would require a special permit and/or site plan approval. Attorney Valanzola said the building size has been reduced, the hardship has not changed and the applicant is only asking for the same relief granted in 2014. Mr. Gallagher made the motion to approve the application of Ellen Rosenfeld Trustee, Ellen Realty Trust, for Variance from Section 230, 4.2, Schedule 4.2B of the Zoning By -Law to construct a building on a pre-existing, non -conforming lot with less than the required lot area, lot frontage and lot width at tMap 8, Lot 571 West Street in the Planned Business District (PBD), in accordance with the "West Street Site Plan of Land in Mansfield, MA" dated May 16, 2016, and prepared by Merrikin Engineering, LLP. Mr. Luca seconded the motion. Discussion: Mr. Cummings said he would have to agree with the applicant. He noted this property came before the board in 2014 with the same issues and the variance was granted. He said the board is not looking at the use of the property and this plan is a better fit than what is currently there. Ms. Pruitt agreed with Mr. Cummings; the board is looking at the dimensions of the building, not the use. Mr. Luca said the hardship is still the same as it was in 2014. He said notice was given to the abutters of the property and no one came to the hearing to speak against the proposal. Motion passed 5-0-0. Hearing ended at 8:30 pm. 5. New Business: 6. Old Business: 5 Approval of May 24, 2016 minutes: Luca/Cummings Passed 5-0-0. 7. Adjournment: Motion to adjourn at 8:50 pm: Luca/Cummings. Passed Next meeting will be July 12, 2016 at 7:30 pm. Da ' uca;-Clerk Date