HomeMy WebLinkAboutZBA 06/20/2017Town of Mansfield
Zoning Board of Appeals Minutes
June 20, 2017
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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;
Matthew Cummings; Darlene Pruitt; Associate Member Aaron Gallagher.
1. Meeting opened at 7:30 pm.
2. Scott Goddard, Trustee, Berlin Landing Realty Trust, Gilbert Street, Map 3, Parcels 9, 12 and 13.
The Chair read the public hearing notice for the application of Scott Goddard, Trustee, Berlin Landing
Realty Trust for a Variance from Zoning By -Law Section 230 4.2A, Frontage and Lot Width, for the
creation of a lot [shown as Lot 3 on the preliminary subdivision plan "Sweetland Village"] with less than
the required lot frontage and lot width at Gilbert Street [Map 3, Parcels 9, 12, and 13] in the Residential
1 (131) zone. The following documents were introduced at the public hearing:
• Application for Variance, filed with the Town Clerk's office May 12, 2017;
• A copy of the public hearing notice;
• "Preliminary Lot Layout of Sweetland Village A Low -Impact Subdivision in Mansfield, MA" dated
May 9, 2017, prepared by RIM Engineering Co., Inc.;
• Mansfield GIS Viewer dated May 10, 2017.
Aaron Gallagher was appointed a voting member for this public hearing.
Craig Cygawnoski, RIM Engineering Co., Inc., Scott Goddard, Trustee, Berlin Landing Realty Trust, and
Attorney Peter R. Clark, representing the Wolf family, owners of one of the parcels, were present.
Mr. Cygawnoski explained the Applicant is trying to create five buildable lots on a cul-de-sac with a
roadway starting at Gilbert Street. He said the road will be 70-80 feet wide for about 300 feet before it
opens up where the proposed houses can be built. He noted the maximum length for a dead end road is
650 feet. He said due to the wetlands throughout the site, the topography and the area that is actually
usable, along with the narrowness of the roadway opening, combined with the Residential 1
requirement of 200 feet of frontage and 200 feet of lot width, the Applicant is asking for relief for the
fifth lot, which has 127.75 feet of frontage. Mr. Cygawnoski said in order to make the other lots
conform, the building envelope for Lot 3 will not be at the street line.
Ms. Pruitt asked if the lot Mr. Cygawnoski is referencing as lot 5 is actually Lot 3 on the plan. Mr.
Cygawnoski said yes it is shown on the preliminary plan as Lot 3; he noted Lots 1, 2, 4 and 5 do conform
to zoning regulations.
Ms. Garber -Miller asked if the issue with Lot 3 is the lack of sufficient frontage or that the building
envelope is offset from the road. Mr. Cygawnoski said it is a combination of both the frontage and the
location of the building envelope. He said according to the regulations, the building envelope is
supposed to be aligned with the frontage of the lot. He said the intention of the building envelope is to
show a house with a septic system can be built, which the plan shows can be done, but the proposed
houses will actually be set 40 feet back from the road. He said there are over 32 acres at the back of the
property, with 70,000 square feet at the front portion of the property.
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Adam Norige, 197 Gilbert Street, asked if the wetlands on this site would be pushed closer to his
property during times of high water. He said he thought this land was protected by Natural Heritage
and said he was told the last 200 feet of his property could not be used because it in in a Natural
Heritage area. Mr. Cygawnoski said all the lots in the proposed development come under the Rare
Species Act, so the Applicant would have to file with Natural Heritage and Conservation. Ms. Garber -
Miller said the Applicant would still have to go before the Conservation Commission. She said the
Zoning Board considers soils, shape and topography when granting a variance.
Mr. Cygawnoski said the final plan will be a cluster subdivision with five 30,000+/- square -foot lots
instead of 60,000 square -foot lots required in the Residential 1 zone. He noted at this time, the
drainage has not been fully designed, but there is no intention to go into the wetlands or cause water to
go onto the Mr. Gallagher asked why all the lots except Lot 2 have buildings within the building
envelope. Mr. Cygawnoski said there is nothing in the zoning regulations requiring a house to actually
be in the building envelope, but Mansfield requires a septic system be 75 feet from a wetland so the
septic system for Lot 2 will be on the right side of the property.
neighboring properties.
Ms. Garber -Miller asked if there was another plan. Mr. Cygawnoski said the plan presented tonight is
for a conventional subdivision but the intention is to go with a cluster design and keep the same number
of house lots and roadway. He said all the house lots would be on one side of the road, not abutting the
properties on Chessman Road, and would be further away from Mr. Norige's property, leaving a buffer
between the new lots and the existing houses with future open space as required.
Ms. Garber -Miller asked why the Applicant came to ZBA first if the configuration of the lots is going to
change. Mr. Cygawnoski said the Applicant can only get the maximum number of lots allowed by
zoning. He said there is approximately 50 acres of land, of which 25-30 acres will be open space.
Mr. Gallagher said although a cluster development can have smaller lots than normally would be
allowed, it can only have the number of lots that would be allowed in a traditional subdivision. He said
four lots could be developed on this site without a variance.
Attorney Peter R. Clark explained a cluster development with smaller lots and more open space requires
a special permit from the Planning Board; however, to be granted a special permit the Applicant would
have to show a traditional subdivision could be built, which is why they came to ZBA first.
Ms. Garber -Miller said the final plan will be a smaller, less intrusive cluster development. Mr.
Cygawnoski said the town would have a low impact subdivision design, with no curbing, sidewalks, or
manholes so the area would stay as natural as possible, using rain gardens and swales throughout the
property instead of the conventional open detention basins.
Douglas LaCamera, LaCamera Realty Trust, 4 Chessman Road, asked how the rain gardens would work.
Mr. Cygawnoski explained a rain garden is a shallow depression, using natural wetland plantings to clean
the water from catch basins and drainage from the roadway. He said the roadway would be crowned
with swales added on the back sides of the roadway, which would lower the impact on the other
structures in town. Attorney Clark said the road would be a private way, so the town would not have to
maintain it.
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Ms. Garber -Miller asked if there are plans for recreational use or access to the open space. Attorney
Clark said this would be discussed with the Planning Board as part of the subdivision process.
Mr. LaCamera noted the rain gardens are very close to his property and asked if any trees would be
removed. Mr. Cygawnoski said there will be some filling and clearing for the roadway, but they would
try to keep as many of the native trees as possible.
Karl Clemmey, Quirk Trust LLC, said he has owned the ten -acre property at 201 Gilbert Street for 30
years. He said there is drainage behind this property that cuts across Gilbert Street into Sweet Pond. He
recommended this board look at this parcel of land to make sure the drainage is done properly. He said
the Planning Board sent the Applicant to ZBA because the parcel is not a pre-existing, non -conforming
lot, it is a non -buildable lot. He said water is a problem in this area and the Applicant should go through
Conservation Commission. Mr. Cygawnoski said the Applicant has been to Conservation, the Agent
walked the site and has approved the wetland lines. Mr. Clemmey said there needs to be an approved
Conservation plan showing where the drainage and water will go. Mr. Cygawnoski said the Planning
Board approves the drainage plan for the subdivision, not the Conservation Commission.
Ms. Garber -Miller said the plan presented tonight is not the final plan and the Applicant will be going
back to the Planning Board and the Conservation Commission once they decide what the final
configuration of the cluster subdivision is going to be. She said at this point, there is no reason to send
them to Conservation because the plan is not what they intend to construct. Mr. Clemmey said it is
unlawful to grant a variance until you know what the plan is.
Hearing ended at 7:50 pm.
Mr. Cummings made the motion to approve the application of Scott Goddard, Trustee, Berlin Landing
Realty Trust for a Variance from Zoning By -Law Section 230 4.2A, Frontage and Lot Width, for the
creation of a lot [shown as Lot 3 on the preliminary subdivision plan "Sweetland Village"] with less than
the required lot frontage and lot width at Gilbert Street [Map 3, Parcels 9, 12, and 13] in the Residential
1 (131) zone, in accordance with the plan "Preliminary Lot Layout of Sweetland Village A Low -Impact
Subdivision in Mansfield, MA" dated May 9, 2017, prepared by RIM Engineering Co., Inc.
Mr. Gallagher seconded the motion.
Discussion:
Mr. Luca said no matter what the future plans might be, the plan presented tonight is creating a "non-
conforming" lot. He said in a sense this is de minimis because there is certainly room on the whole
property for five lots, but he does not understand why the Applicant would not just propose four lots.
Mr. Cummings said if the wetlands did not existing, there would be sufficient land for five parcels. Mr.
Luca said they still would not have the required frontage for Lot 3.
Ms. Garber -Miller said there is a large amount of land, which is contiguous with town -owned land and at
some point the Applicant may decide to donate the unbuildable land to the town.
Motion passed 4-1-0 (Garber -Miller, Gallagher, Pruitt, Cummings in favor— Luca opposed)
Hearing ended at 7:50 pm.
3. New Business:
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4. Old Business:
Approval of May 23, 2017: Motion to approve May 23, 2017 (Luca/Gallagher) Motion passed 4-0-1(Mr.
Cummings abstained).
5. Adjournment:
Motion to adjourn at 8:00 pm (Luca/Cummings) Motion passed 5-0.
Next meeting will be July 18, 2017 at 7:30 pm.
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David Luca, Clerk
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