HomeMy WebLinkAboutZBA_11292016Mansfield Board of Appeals
Minutes
November 29, 2016
The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:30 pm. Present at the
hearing were the following members: Elisabeth Garber -Miller, Chair; David Luca, Clerk; Matt Cummings; Darlene Pruitt;
Philip Shannon; Associate Member Aaron Gallagher; Associate Member Eric Correira.
1. Meeting opened at 7:30 pm.
2. Michael Carty and Nancy Cremins, 221 Essex Street, Map 37, Parcel 98
The Chair read the application of Michael Carty and Nancy Cremins for a Variance from Zoning By -Law Section 230-4.2A,
minimum side yard setback, for the construction of an addition with a 16 -foot side yard setback where a 25 -foot side
yard setback is required at 221 Essex Street (Assessor's Map 37, Parcel 98) in the Residential 1 (R1) zone.
The following documents were submitted: Application for a Variance, filed with the Town Clerk October 25, 2016; a
copy of the public hearing notice; "Proposed House Addition at Hse. No. 221 Essex Street in Mansfield, MA" dated
October 21, 2016, prepared by RIM Engineering Co., Inc.
Craig Cygawnoski, RIM Engineering Co., Inc. and homeowner Michael Carty were present.
Mr. Cygawnoski said the request is for a 16 -foot side yard setback where 25 feet is required. He explained the land,
which included the house at 221 Essex Street was subdivided into four additional lots ten years ago. He said the
homeowners would like to construct an addition on the right side of the house which is currently 26 feet from the
property line.
Mr. Cygawnoski said there is room for the addition on the left side of the house, but with the layout of the interior of
the house, it would be better to locate the addition on the right side of the house.
Mr. Cummings asked if the house at 221 Essex Street was part of the additional lots. Mr. Cygawnoski said the original
owner of the house subdivided the land to create four lots, but kept the original house and land at 221 Essex Street for
himself.
Ms. Garber -Miller asked if Mr. Carty purchased the house before the land was divided. Mr. Carty said the land had
already been subdivided when he purchased the house.
Ms. Garber -Miller inquired about the 10 -foot strip of land shown on the plan adjacent to Mr. Carty's property. Mr.
Cygawnoski said that strip of land is owned by the neighbor at the back of Mr. Carty's property, but is not used. Mr.
Cygawnoski said he believes the land was given to the abutter so the lot would meet zoning requirements.
Mr. Gallagher asked the distance between the property line at 221 Essex Street and the direct abutter. Mr. Carty said
with the addition of the 10 feet of right-of-way, there is 25 feet between his property and the abutter.
Joseph Bury, 801 Ware Street, said he does not have an issue with the project.
Mr. Luca made the motion to grant a variance to Michael Carty and Nancy Cremins as requested from Zoning By -Law
Section 230-4.2A, minimum side yard setback, for the construction of an addition with a 16 -foot side yard setback
where a 25 -foot side yard setback is required at 221 Essex Street (Assessor's Map 37, Parcel 98), in accordance with
"Proposed House Addition at Hse. No. 221 Essex Street in Mansfield, MA" dated October 21, 2016, prepared by RIM
Engineering Co., Inc. Mr. Cummings seconded the motion.
Discussion:
Mr. Luca said this is an oddly -shaped lot and noted the 10 -foot strip of land can never be built on, and when combined
with Mr. Carty's land, provides a 25 -foot buffer to the direct abutter.
Motion passed 5-0-0.
Hearing ended at 7:45 pm.
3. Christopher Marcheselli, Foremarc Realty, LLC, 299 South Main Street, Map 28, Parcel 79.
The Chair read the application for a Finding from Zoning By -Law Section 230-3.10, Non -Conforming Uses, to allow for
the construction of a pre-existing, non -conforming two-family home at 299 South Main Street (Map 28, Parcel 79) in the
Residential 2 (132) zone.
The following documents were submitted: Application for a Finding, filed with the Town Clerk October 31, 2016; a copy
of the public hearing notice; "Proposed Duplex Location Plan for No. 299 South Main Street in Mansfield, MA" dated
October 28, 2016, prepared by RIM Engineering Co.
Owner Christopher Marcheselli explained the property at 299 South Main Street has an existing two-family home and
his intention is to raze the home and rebuild a duplex -style home. He said the proposed duplex will meet the side, front
and rear setback requirements and the proposed home will be centered on the lot to provide a 30 -foot setback from the
abutting property. Mr. Marcheselli said the existing building is in bad shape and could remain as a two-family home, but
he feels the proposed home will increase property values and be a benefit to the neighborhood.
Ms. Garber -Miller said she is concerned about the proximity of the two new driveways to the existing driveways on a
very busy street. Mr. Marcheselli said he is proposing one driveway on each side of the lot; he said the two abutting
properties driveways are on the opposite side of his property, and the driveways will not be in close proximity to the
neighbors. He noted there are other pre-existing two-family homes on South Main Street.
Ms. Garber -Miller asked the distance between the two driveways; Mr. Marcheselli said there will be approximately 80-
90 feet between the driveways.
Mr. Marcheselli said because South Main Street is a state road, he will have to apply for a street opening permit from
the state.
Mr. Cummings made the motion that the request for a Finding for the reconstruction at 229 South Main Street is an
Increase in a pre-existing, non -conforming condition. Mr. Luca seconded the motion.
Discussion:
Ms. Garber -Miller said the dimensions of the proposed home will be a little different, but the plan actually preserves the
same number of units as the existing house.
Ms. Pruitt said this is an improvement.
Mr. Cummings said the proposed duplex will be centered on the lot.
Motion passed 5-0-0.
Mr. Cummings made the motion that the reconstruction at 299 South Main Street, in accordance with the "Proposed
Duplex Location Plan for No. 299 South Main Street in Mansfield, MA" dated October 28, 2016, is no more detrimental
to the neighborhood than the current condition. Mr. Luca seconded the motion.
Discussion:
Mr. Shannon said this would be an improvement.
Ms. Garber -Miller said the proposed duplex would present a nice facade, the lot would be cleaned up and would not be
more detrimental to the neighborhood.
Motion passed 5-0-0.
Hearing ended at 7:20 pm.
4. Ellen Rosenfeld, Trustee of Ellen Realty Trust [Map 8, Parcel 571 West Street
The Chair read the application of Ellen Rosenfeld, Trustee of Ellen Realty Trust for a Special Permit from Zoning By -Law
Section 230-4.3.F(2)(a) [1) to allow an alternative landscaped buffer, 9.5 feet wide where 15 feet is required, at [Map 8,
Parcel 571 West Street in the Planned Business District (PBD)
The following documents were submitted: Application for a Special Permit, filed with the Town Clerk October 6, 2016; a
copy of the public hearing notice; "Assessor's Parcel 8-57 Site Plan of Land", Sheets 1-8 dated October 3, 2016 and
revised November 28, 2016, prepared by Merrikin Engineering, LLP.
Attorney Edward Valanzola, representing the applicant, Marc Rosenfeld, Daniel Merrikin, Merrikin Engineering, LLP, and
Valerio Romano, CommCan's compliance officer and outside legal counsel, were present.
Attorney Valanzola explained the application before the board is for a Special Permit for an alternative landscape buffer
at the front of the building. He said their special permit hearing with the Planning Board will be Wednesday, November
30, 2016.
Mr. Merrikin said the applicant is proposing a 6,800 square -foot building with a single driveway with parking at the front
and along the side of the building. An existing utility pole in the driveway will be relocated. He said the building and
parking will be pulled closer to the front of the property, which the Police Department agreed would be preferable. He
said based on the front setback, a 26.5 -foot buffer is required; he said at the narrowest point, the proposed buffer will
be 15.1 feet. However, there is an additional five or six feet of vegetated area, so the landscape buffer would actually
be more than 21 feet. The landscape scheme will consist of trees and bushes.
Paul Connolly, Crosspoint Associates, owner of 603 West Street, said they are strongly opposed to the landscape
proposal because the use would be detrimental to their property. He said it would affect their view, appearance and
the value of the property and leasing activity.
Attorney Benjamin Tymann, representing Crosspoint Associates, said his client did not know about the medical
marijuana dispensary because the hearing notice was sent to their former address in Natick.
Attorney Tymann said the issue with the special permit request tonight is the applicant wants to reduce the buffer from
26.5 feet to 15.1 feet to make the building more visible. He said approval of the special permit would depress rental
rates and the value of their property. He said it was stated in the previous ZBA variance decision that if the ballot
question passed, a separate application for recreational marijuana would have to be filed. Ms. Garber -Miller said the
ZBA was told there would be no co -location at this site; this would be a medical facility only. She recommended they
speak with the Board of Selectmen.
Mr. Merrikin said the host agreement with the town has been signed. He said this building would look like all the other
commercial buildings in an area dominated by commercial buildings with many commercial uses, and will not detract
from property values. He said there will be no signage indicating what is being sold, only the name "CommCan."
Attorney Valanzola said there will be jobs created and the town will receive payment when the dispensary opens. He
said this has gone before the Board of Selectmen and the host agreement has been signed, but most importantly, this is
a permitted use in this part of town.
Marc Rosenfeld said the Fire Department had issues with the utility pole because it would be difficult to get emergency
vehicles in and out of the site; the utility pole will be removed. Mr. Rosenfeld said he met with Police Chief Ronald
Sellon and Sergeant Roy Bain and both agreed moving the building forward would be preferable for policing and safety
in the area. He said there will be cameras on the building, with one camera facing the street.
Attorney Tymann said no one reached out to the abutters. He said his client is not concerned with their view of the
proposed building, but with the view of a more prominently -placed building and the impact on potential property
tenants.
Mr. Luca asked if the host agreement addresses signage. Mr. Rosenfeld said signage would be a part of the special
permit, but more importantly, it would be part of the Department of Public Health regulations. He said there cannot be
any overt references to cannabis, marijuana or a leaf pattern; he said there will be a freestanding sign only with
CommCan's name and logo.
Mr. Luca asked if this would be a walk-in business or by appointment. Mr. Rosenfeld said it is not appointment -based;
all patients have to be registered through the Department of Public Health, visit with a registering physician and have
evidence of their condition, provide ongoing evidence of a treating doctor and maintain their registration card with the
Department of Public Health. He discussed the security measures in place. He said one of the topics of discussion with
Sergeant Bain was the need to provide adequate queuing space inside the building to avoid lines outside the building.
Mr. Merrikin said 603 West Street is closer to the street than the proposed building.
Mr. Luca made the motion to approve the application of Ellen Rosenfeld, Trustee of Ellen Realty Trust, for a Special
Permit from Zoning By -Law Section 230.4.3.F(2)(a) [1) to allow an alternative landscaped buffer, 9.5 feet wide where 15
feet is required, at [Map 8, Parcel 571 West Street in the Planned Business District (PBD), as per the plan, "Assessor's
Parcel 8-57 Site Plan of Land", Sheets 1-8 dated October 3, 2016 and revised November 28, 2016, prepared by Merrikin
Engineering, LLP. Mr. Cummings seconded the motion.
Discussion:
Mr. Pruitt said she thinks if the building were moved farther back on the lot, the abutters would still have questions
about the tenant of the building.
Ms. Garber -Miller said the buffer between the two buildings would not change. She said the new plan shows the
narrowest point of the buffer will be 15.1 feet, an increase of 5.5 feet from the original proposal. She noted the board
previously granted a variance for another building at this property, but the applicant did not go forward with that
project.
Mr. Luca said he felt the curb appeal would not change significantly. He said the applicants met with the Police and Fire
Departments and he agreed parking at the back of the lot would not be ideal; he said he would rather the parking be in
the front of the building. He said this application was before the board long before the use was in question and the
hardship has always been the same.
Mr. Cummings said he did not think the use of the property should have been a consideration and the landscaping as
proposed is reasonable for this property.
Mr. Gallagher said he agreed the abutter certainly has the right to oppose the project, but he does not agree the curb
appeal would change because of the location of the building on the lot, nor will it be affected by the grant of the special
permit. He said the 603 West Street building is actually closer to the road than the proposed building will be. He noted
this is a building in a commercial area, not a commercial building with an abutting property where the owner is trying to
lease apartments.
Motion passed 4-1-0 (Pruitt, Garber -Miller, Luca, Cummings in favor; Shannon opposed)
Hearing ended at 8:25 pm.
5. Mansfield Parking, LLC, 75 Chauncy Street, Map 21, Lot 331
The Chair read the application of Mansfield Parking, LLC for a Variance/Special Permit from Zoning By -Law Section 230-
5.3 C.(7) Drainage; C.(9) Landscaping and C(12) Drainage Calculations and soil tests at a proposed lot at 75 Chauncy
Street (Map 21, Lot 331) in the Industrial 3 (13) Zone.
The following documents were submitted: Application for a Special Permit, filed with the Town Clerk October 6, 2016; a
copy of the public hearing notice; "Parking Plan Site Plan" dated October 26, 2016, prepared by Beals & Thomas, Inc.
Mr. Luca made the motion to continue the hearing for the application of Mansfield Parking, LLC for a Variance/Special
Permit from Zoning By -Law Section 230-5.3 C.(7) Drainage; C.(9) Landscaping and C(12) Drainage Calculations and soil
tests at a proposed lot at 75 Chauncy Street (Map 21, Lot 331) in the Industrial 3 (13) Zone, to December 13, 2016. Mr.
Cummings seconded the motion. Motion passed 5-0-0.
Hearing ended at 8:26 pm
6. New Business:
Mr. Correia said blue and red lights have been installed at the top of the All American Storage Building and there
appears to be additional signage.
7. Old Business:
Request to Extend Variance for 130 Spring Street.
Ms. Garber -Miller explained a variance was granted to Grove Building Realty Trust (James Lazzara) for a residential
facility for residents over 55 years of age on May 21, 2015. She said at the May 24, 2016, the Board granted an
extension of 6 months to Mr. Lazzara
Ms. Garber -Miller said Mr. Lazzara is now requesting an extension of an additional 6 months, but she does not believe
the board can grant another 6 -month extension; she said she is not opposed to the extension, but she cannot
remember ever extending a variance for more than a 6 -month period for previous filings. She noted the request was
dated October 4, 2016.
Mr. Luca read the last paragraph of MGL Chapter 40a, Section 10, and agreed a variance can only be extended for 6
months.
Ms. Garber -Miller said Mr. Lazzara has already had the extension he was entitled to ask for and, because the board does
not have the authority to extend it again, Mr. Lazzara will have to file a new application. She will draft a letter to Mr.
Lazzara.
Minutes:
Mr. Gallagher made the motion to approve the minutes of August 23, 2016. Mr. Cummings seconded. Motion passed
5-0-0.
Mr. Luca made the motion to approve the minutes of September 27, 2016. Mr. Cummings seconded the motion.
Motion passed 5-0-0.
8. Adjournment:
Motion to adjourn at 9:00 pm (Luca/Cummings) Motion passed.
Next meeting will be December 13, 2016 at 7:30 pm.
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David Luca, cled Date