HomeMy WebLinkAboutZBA 03/28/2017MANSFIELD ZONING BOARD OF APPEALS
MINUTES
March 28, 2017 Pr,
The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:3'b pm "Present'kt WBearing
were the following members: Elisabeth Garber -Miller, Chair; David Luca, Clerk; DarIgjL 1Pruttt;:y tt mmings; Philip
Shannon; Associate Member Aaron Gallagher; Associate Member Eric Correira. '' `� ��'' 55
1. Meeting opened at 7:30 pm.
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2. Walsh Brothers Building Co., 52 Willow Street, Map 28, Parcels 118.
The Chair read the public hearing notice for the application of Walsh Brothers Building Co., Inc. for a Special Permit from
Section 230-7.2 to allow the change, extension or alteration of the pre-existing, non -conforming two-family use at 52
Willow Street (Map 28, Parcel 118) in the Residential 2 (132) Zone to a three-family use.
The following documents were introduced at the public hearing:
• Application for Variance filed with the Town Clerk's office February 6, 2017;
• A copy of the public hearing notice;
• "Zoning Board of Appeals Plan Willowdale Mansfield, MA" dated January 30, 2017, prepared by Bay Colony
Group;
"Proposed Mansfield Triplex Proposed Floor Plan and Elevations"dated January 19, 2017, prepared by CME
Architects, Inc.
Attorney Louis J. Caccavaro, Jr., William R. Buckley, Bay Colony Group Inc., Robert Walsh, and J. T. Walsh, Walsh Brothers
Building Co. were present.
Attorney Caccavaro explained this application is to convert usage of the lot at 52 Willow Street, Map 28, Parcel 118, from
a pre-existing, non -conforming two-family use to a new three-family use. He said the only relief required is from the 75 -
foot setback from Willow Street, a scenic road. Attorney Caccavaro said, after several meetings, Director of Planning and
Development Shaun Burke suggested the garage for the middle unit should face the street with garages on the sides for
the two end units.
Attorney Caccavaro said ultimately it is his client's intention to put this property into the Local Initiative Program (LIP) and
make three affordable units. He said they had a meeting with the Mansfield Housing Partnership and all the abutters to
the property were notified about a site meeting; he said no one attended or made contact with them about the plan.
Ms. Garber -Miller asked about the 75 -foot setback. Attorney Caccavaro said because Willow Street was designated as a
scenic road, the dimensional regulations require a 75 -foot setback. He noted the existing duplex does not meet the 75 -
foot setback requirement, so they will not be expanding or making the proposed triplex any more intrusive; he said the
new structure will be a considerable improvement. Mr. Buckley said there will be a 34.7 -foot front yard setback where 75
feet is required.
Louis Amoruso, 6 Brookside Road, explained he is a member of the Mansfield Housing Partnership, which is charged with
helping to get affordable units built in the Town of Mansfield. He said the Walsh Group has been extremely helpful and is
interested in making sure the three affordable units in the Willowdale subdivision are constructed. Mr. Amoruso said this
is probably the best and simplest approach to take and the building will be attractive and fit in with the neighborhood.
Ms. Garber -Miller asked if there were any other affordable housing units in the development. Attorney Caccavaro said
there were not and said he thinks this proposal is the most expedient and best solution for meeting their obligations for
affordable housing. Attorney Caccavaro suggested the Board add a condition to the special permit requiring the Applicant
to successfully comply with the town's affordable housing by-law.
Ms. Garber -Miller said because of the sharp curve on Willow Street, she is concerned about the three proposed
driveways. Mr. Buckley said one of the major mitigation items for this project was the reconstruction of Willow Street to
provide better sight distance. He said the design of the proposed building was changed at the suggestion of Shaun Burke
to include side load garages for both the end units, eliminating the need for those vehicles to back out onto Willow Street.
Mr. Luca made the motion to approve the application of Walsh Brothers Building Co., Inc. for a Special Permit from
Section 230-7.2 to allow the change, extension or alteration of the pre-existing, non -conforming two-family use at 52
Willow Street (Map 28, Parcel 118) in the Residential 2 (132) Zone to a three-family use with approval of the special permit
contingent upon the three new units be affordable in accordance with the plan, "Zoning Board of Appeals Plan Willowdale
Mansfield, MA dated January 30, 2017, prepared by Bay Colony Group and the "Proposed Mansfield Triplex Proposed
Floor Plans and Elevation" dated January 19, 2017, prepared by CME Architects, Inc. Mr. Shannon seconded the motion.
Discussion
Mr. Luca said the neighborhood is currently being rebuilt, the proposed building is further away from the street than the
current building, and the three units would not in any way be more detrimental to the neighborhood.
Mr. Correira said there are three proposed driveways, but the building is set up so two of the driveways are on the sides
of the building with only one driveway on Willow Street.
Ms. Garber -Miller said the proposed building would be further back from the road. She noted the road has been
reconstructed, the speed limit is 25 mph and it will not be dangerous for people entering and exiting the property. She
said the town will be getting three units of affordable housing.
Motion passed 5-0-0.
Hearing ended at 7:17 pm.
3. Alston Construction, 560 West Street, Map 44, Lot 901
The Chair read the public hearing notice for the application of Alston Construction for a Variance from Section 20-4.213,
Minimum Open Space, to allow for 34.6% open space where 35% is required at 560 West Street (Map 44, Lot 901) 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 February 17, 2017;
• a copy of the public hearing notice;
• "Proposed Site Improvements Medline Industries, Inc." dated February 10, 2016, prepared by Meridian
Associates;
• "Stormwater Management Report, Medline Industries, Inc. Parking Expansion" dated February 10, 2017, revised
April 7, 2017, prepared by Meridian Associates, Inc.
Anthony Figel, Senior Project Manager at Alston Construction, said Medline is extremely fortunate in the growth of its
business in this market, and, as a result, they have run out of employee parking spaces. He said they now need 33
additional parking spaces which will be located on the existing grassed area, to ensure safe and organized access for
daytime employees at the facility. He said they will add a trench, which will allow the existing drainage to continue to
flow in the same direction and will also act as a recharge area.
Ms. Garber -Miller asked if they would have to change the lighting for the parking area. Mr. Figel said Medline only has an
issue with parking for the daytime employees and they will not require additional lighting. He said there will be additional
directional signage added.
Mr. Gallagher noted the plan shows the existing impervious area is 571,900 square feet; with the additional parking, the
impervious area will be 575,690. However, he said the plan shows both the existing and proposed percentage of
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impervious area as 65.4%, Mr. Figel said the plan is incorrect; Mr. Gallagher said the plan will need to be updated with
the correct information. Mr. Figel said Stormwater Management calculations were included with the application.
Mr. Cummings asked about the hardship. Mr. Figel said basically it is for the safety of the employees.
Ms. Garber -Miller noted the changes are de minimis. Mr. Figel said there would be 34.6% of open space where 35% is
required.
Mr. Shannon asked how close the proposed parking spaces would be to West Street. Mr. Figel said the new spaces will
not be any closer to West Street. He noted there will be additional striping of the existing lot, which will not affect the
impervious area.
Mr. Correira asked how many cars use the parking area during the day and at night. Mr. Figel said the existing parking lot
is full during both shifts but the daytime employees have to park in the truck courts and wherever there is free space.
Mr. Luca made the motion to approve the application of Alston Construction for a Variance from Section 20-4.213,
Minimum Open Space, to allow for 34.6% open space where 35% is required at 560 West Street (Map 44, Lot 901) in the
Planned Business District (PBD), in accordance with "Proposed Site Improvements Medline Industries, Inc." dated
February 10, 2016, prepared by Meridian Associates, approval subject to the correction of the percentage of impervious
surface. Ms. Pruitt seconded the motion.
Discussion:
Mr. Luca said this is an 879,912 square -foot lot and the addition of 33 spaces will be a change of one percent.
Motion passed 5-0-0.
Hearing ended at 8:00 pm.
4. Douglas and Judith Maxwell, Map 21, Parcel 55 and 53, Alden Street
The chair read the public hearing notice for the application of Douglas and Judith Maxwell for a Variance from Zoning By -
Law Sections 230-4.2A, Density and Dimensional Regulations: Lot Frontage, Lot Area and Lot Width, for the creation of a
lot with less than the required frontage, area and lot width at [Map 21, Parcels 55 and 53] Alden Street (Assessor's Map
21, Parcels 55 and 53) in the Residential 2 (132) zone.
The following documents were introduced at the public hearing:
• Copy of public hearing notice, which ran in the Mansfield News on February 10,
2017 and February 17, 2017;
• Application for Variance, filed with the Town Clerk's Office on January 20, 2017;
• "Proposed House Location at Alden Street in Mansfield, MA" plan dated December 14, 2016, revised March 20, 2017
and prepared by RIM Engineering Co., Inc.;
• February 24, 2017 letter from Kerry Smith, 18 Henry Street;
• February 28, 2017 letter from Margaret and Peter Kuplast, 61 Campbell Street;
• February 28, 2017 letter from Phyllis Kuplast, 29 Alden Street;
• February 28, 2017 letter from James O'Driscoll, 67 Fowler Street;
• Timeline of Ownership, prepared by Ryan Maxwell, March 28, 2017.
Ms. Garber -Miller noted this is a continuation of a hearing opened on February 28, 2017. She appointed Mr. Gallagher a
voting member on this matter since Mr. Luca was not present at the February hearing.
Attorney Karen Wright, representing the applicants, said a plan presented at the February 28, 2017 meeting showed only
Lot 1 with a proposed house. She said her position was that under the town's by-law, Lot 2, the existing 29 Henry Street,
was grandfathered because there was an existing structure. At the end of that meeting, the Board asked for a revised
plan showing both the existing and proposed lots. Attorney Wright submitted a new plan, which shows the existing lot.
Attorney Wright explained there are two lots, 1 and 2, but according to the town's records there are actually three lots:
Lot 1, Map 21, Parcel 68 with 13,654 square feet and Lot 2, Map 21, Parcels 55 and 53, each with 5,000 square feet. She
said Mr. and Mrs. Maxwell live at 29 Henry Street, Lot 1, which they purchased in 2001. She said all the lots in this
neighborhood, which includes Campbell, Fowler and Henry Streets, were part of the "Westlawn" plan, and because those
lots were only 25 feet wide, most of the buyers purchased two and three lots; the Maxwells purchased four lots. She said
when the Maxwells purchased Lot 1 in December 2001 and then purchased the two additional parcels making up Lot 2 in
April 2002, they received three deeds: one for the main house and one each for the additional two lots. Attorney Wright
said they have been paying taxes on the three lots for 15 years and at one point, they were offered the opportunity to
merge the lots when they came before the ZBA several years ago, but said they were willing to pay the higher taxes in the
hope they would eventually be able to do something with the back properties. Attorney Wright said it is a burden for the
owners to pay the taxes and maintain the 10,000 square -foot property. She said the hardship is they purchased the
property believing it was a legal lot; she noted this lot has been assessed for 15 years as a buildable lot.
Homeower Douglas Maxwell said he and his wife Judy have lived in Mansfield their entire lives and when they purchased
the property in 2001, it was clear there were three separate lots. A time line of ownership, prepared by Ryan Maxwell,
and copies of the deeds for the three lots were submitted for the Board's review.
Mr. Gallagher asked if all the lots were purchased at the same time. Attorney Wright said the two additional lots were
purchased four months after the 29 Henry Street property was purchased. He asked if they were assessed as buildable
lots. Attorney Wright said the deeds for the two back lots state they are buildable lots.
William Clemmey, 55 Fowler Street, said he was granted a variance in 2012 for 55 Fowler Street and in 2013 a variance
was granted for 33 Henry Street, both of which were 25'x100' corner lots. Mr. Clemmey said the hardship for the Fowler
and Henry Street lots was some of the property was taken by the town for the layout of the roads. He said this proposal
will not be detrimental to the neighborhood, will not impact any neighbors and he is in favor of the variance.
Ron DeGirolamo, 1166 West Street, said he agreed with Mr. Clemmey.
Ryan Maxwell, 149 Park Street, said it is a very confusing ownership history and he supports the granting of the variance.
Mr. Gallagher made the motion to approve the application of Douglas and Judith Maxwell for a Variance from Zoning By -
Law Sections 230-4.2A, Density and Dimensional Regulations: Lot Frontage, Lot Area and Lot Width, for the creation of a
lot with less than the required frontage, area and lot width at [Map 21, Parcels 55 and 531 Alden Street (Assessor's Map
21, Parcels 55 and 53) in the Residential 2 (112) zone, in accordance with the "Proposed House Location at Alden Street in
Mansfield, MA" plan dated December 14, 2016 and revised March 20, 2017, prepared by RIM Engineering Co., Inc. Mr.
Shannon seconded the motion.
Discussion:
Mr. Gallagher said he agreed with Mr. Clemmey and noted the Maxwells have been paying taxes on three lots for 15 years
and now have been told they cannot build on the two lots. He said other than concerns about setting a precedent, there
is no reason why the Board should not grant the variance.
Mr. Luca said he is concerned more people would come forward with similar situations
Ms. Garber -Miller said the essentials for the grant of a variance are soil, shape and topography of the land. She said she
does not know how these transactions occurred, but it appears the hardship was created by the owners. She said in 2001
all the parcels became one parcel through the Massachusetts Doctrine of Merger. She said if a variance is granted, it
would take one single parcel that meets all the requirements and create two lots that are non -conforming. She said
typically, the board has allowed an applicant to create two parcels if one lot would remain in compliance, but in this case,
both lots would be non -conforming. She said Mr. Gallagher mentioned Mr. Clemmey was able to build on similarly -sized
parcels but, by Mr. Clemmey's own admission, those parcels had hardships, including the town having taken a portion of
the property for the roadway right-of-way.
Mr. Gallagher said the Applicant would not be before the Board if these were two separate lots. He noted the Board has
granted variances for similar lots in the past. Ms. Garber -Miller said the Board has denied similar requests for a variance.
She said this application is identical to the filing in 2013.
Mr. Cummings agreed with Ms. Garber -Miller and said he is very sympathetic to the Applicant, but said given the size of
the lots, even when the lots are combined, they are only slightly larger than the minimum requirement.
Motion failed 3-2-0 (Gallagher, Shannon, Pruitt in favor; Garber -Miller, Cummings opposed).
Hearing ended at 8:50 pm.
5. Mansfield Parking, LLC, 75 Chauncy Street, Map 21, Lot 331
E-mail from Attorney Edward Valanzola dated Friday March 24, 2017 to allow this e-mail to serve as client's request to
withdraw, without prejudice, the application of Mansfield Parking, LLC (Mansfield Station, 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.
6. Correspondence:
7. New Business:
Reorganization of Board:
Ms. Garber -Miller requested a motion for nominee(s) for Clerk; Mr. Cummings nominated Mr. Luca; Motion passed 5-0-0.
Mr. Luca requested a motion for nominee(s) for Chair; Mr. Luca nominated Ms. Garber -Miller; Motion passed 5-0-0.
8. Old Business:
Approval of January 31, 2017 and February 28, 2017 minutes:
Motion to accept the February 28, 2017 minutes (Pruitt/Cummings) Motion passed 4-0-1. Minutes to be signed at April
meeting.
Motion to accept the January 31, 2017 minutes (Luca/Pruitt) Motion passed 4-0-1.
9. Adjournment:
Motion to adjourn at 9:00 pm: (Cummings/Pruitt) Motion passed 5-0.
Next meeting will be April 25, 2017 at 7:30 pm.
David 1-6 16, Cferc Da e