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Home My WebLink AboutZBA 09/26/2017Town of Mansfield RE FlVP[) Zoning Board of Appeals Minutes Q',`;i;n:! t,1 -)_n+ j (_ (%j`!� September 26, 2017 26 11 Ci 25 A 11: 1l 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; Darlene Prq'(tt,;Acting,Clgrk; Matthew Cummings; Philip Shannon; Associate Member Eric Correira; Associate Member Aaron GAJIag}ier .` 1. Meeting opened at 7:30 pm. 2. Roderick and Meghan Oreste, 107 Dean Street, Map 23, Parcel 109. The Chair read the public hearing notice for the application of Roderick and Meghan Oreste for a Finding form Zoning By -Law Sections 230.3.10, Non -Conforming Uses and 230-7.2(4), Findings for the change, extension, alteration or reconstruction of a pre-existing, non -conforming structure with less than the required side yard setback at 107 Dean Street (Assessor's Map 23, Parcel 109 in the Residential 2 (112) zone. The following documents were introduced at the public hearing: • Application for Variance, filed with the Town Clerk's office August 23, 2017; • A copy of the public hearing notice; • "Proposed Addition at 6107 Dean Street located in Mansfield, Massachusetts" dated August 23, 2017, prepared by Arthur F. Borden & Associates, Inc. Homeowners Roderick and Meghan Oreste were present Ms. Garber -Miller appointed Darlene Pruitt as Acting Clerk, Associate Member Aaron Gallaher was appointed a voting member for this hearing. Mr. Oreste explained they are asking for a finding to expand their pre-existing, non -conforming single-family home, which was built in the mid to late 1800s, with a side yard setback of 7.7' between his property and the abutting property at 99-101 Dean Street. He said they want to build a 20'x30', one-story addition on the back of the house for a fourth bedroom and family room; the addition will be less non -conforming with 7.8' at the closest point. He said the existing shed and porch will be removed. Ms. Garber -Miller asked why the homeowners did not consider moving the addition over towards the left side of the property. Ms. Oreste said if they re -configured the addition it would change the look of the existing house, but by going straight off the mudroom in the back, where currently there is a deck, they will not lose their kitchen window, yard space or the backyard view. Mr. Oreste said they need to add the fourth bedroom because his parents spend the summer months with them. He said the design would look as if no change had been made to the house. Kathleen Coyne, 13-15 Coral Street, said she did not think the need for an additional bedroom for their parents would be considered a hardship. Ms. Garber -Miller explained they do not have to show a hardship because the request is for a finding rather than a variance; a finding is required when a change is proposed to a pre-existing, non -conforming structure. Ms. Garber -Miller explained that this house was constructed in the 1880s and zoning was not created in Mansfield until 1946. It would be unfair not to allow homeowners of older houses to request permission to alter their property. Ms. Garber -Miller said the addition would continue the existing line of the house, be no closer to the lot line, but go farther back on the property. Ms. Oreste said the addition will not be any closer to the lot line. Ms. Garber -Miller said there will be less encroachment with the addition. Mr. Shannon said the applicants are actually cleaning up the encroachment. Ms. Coyne said she did not understand everything being said at the hearing and, because the landowners are attorneys, she asked that the hearing be continued to give her time to understand the legalities involved; she said she assumed this was a request for a variance and she would be opposed to the application. Ms. Garber -Miller said the proposed addition would not change anything on Ms. Coyne's property; she noted the property most affected by this application is 99-101 Dean Street. Ms. Garber -Miller said she would take the request under advisement. Ms. Creste said the addition would be farther from the left property line than the existing deck. Ms. Garber -Miller decided to deny Ms. Coyne's request to delay the hearing. Mr. Cummings made the motion that the request for a Finding for the change, extension, alteration or reconstruction of a pre-existing, non -conforming structure for the construction of an addition at 107 Dean Street is an increase in a pre-existing, non -conforming condition. Mr. Gallaher seconded the motion. Discussion: Ms. Garber -Miller said the proposed addition will increase the length of the non -conformity, but will not be any closer to the property line. Motion passed 5-0-0. Mr. Cummings made the motion that the increase in the pre-existing, non -conforming condition at 107 Dean Street, in accordance with the plan "Proposed Addition at #107 Dean Street located in Mansfield, Massachusetts" dated August 23, 2017, prepared by Arthur F. Borden & Associates, Inc., is no more detrimental to the neighborhood than the current condition. Ms. Pruitt seconded the motion. Discussion: Ms. Garber -Miller said the proposed addition will be located at the back of the house, will be no closer to the property line than the existing house and will fit with the character of the neighborhood. She said the existing shed will be removed and the tree line will not be affected. She said she does not believe the proposed addition will affect the abutter at 13-15 Coral Street. Motion passed 5-0-0. Hearing ended at 7:50 pm. 3. 44 Cabot Mansfield, LLC, 44 Cabot Boulevard, Map 44, Parcel 321. The Chair read the public hearing notice for the application of 44 Cabot Mansfield LLC for a Special Permit pursuant to Zoning By -Law Section 230-4.3.E to allow an alternative landscaped buffer at the front of the building, 20 feet wide where 29 feet is required, at 44 Cabot Boulevard [Map 44 Parcel 3211 in the Planned Business District (PBDj. The following documents were introduced at the public hearing: • Application for Special Permit, filed with the Town Clerk's office August 28, 2017; • A copy of the public hearing notice; • "Planting Plan and "Planting Details" sheets of the plans titled "44 Cabot Boulevard, Mansfield, Massachusetts" dated August 8, 2017, prepared by Radner Design Associates, Inc. William R. Buckley, Jr., Bay Colony Group, Inc., Joseph Lynch, 44 Cabot Mansfield, LLC, and Landscape Architect for the project, Michael Radner, Radner Design Associates, Inc., were present. Associate Member Aaron Gallaher was appointed a voting member for this hearing. Mr. Buckley explained this is a request for a Special Permit for an alternative landscape design for a 60,000 square - foot warehouse/office located at the corner of Cabot Boulevard and Hampshire Street. He said this project was presented to the Town Engineer and to the Conservation Commission; he is waiting for final comments from the Town Engineer and will be meeting with the Planning Board September 27, 2017. Mr. Buckley said this is an odd - shaped lot, with wetlands and an irrigation pond, and includes a driveway and parking for 100 Hampshire Street. Mr. Radner explained the area where the stormwater facility is located will be loamed and seeded; landscaping along the driveway on the east side of the property will consist of trees and there will be a five-foot wide landscaping strip with a variety of hedges around the building. He said the islands in the parking lots, which will meet the parking regulations, will also be landscaped. Mr. Radner said there will be a 20 -foot buffer in the front of the building with multiple layers of shrubs and trees. He said the Zoning By-law requires a landscape buffer to be one-third of the distance of the building from the setback. He said there is an 85 -foot setback at its closest point, which would require a 29 -foot landscape buffer. The number of trees required is based on the length of the buffer; the building has 340 feet of building frontage, which would require one tree per 27 feet; the Applicant is providing 13 trees for this space, which will be a mix of shade trees. The 29 -foot buffer will require 4 shrubs per 100 square feet of buffer and the Applicant will provide 116 shrubs along the length of the building. Mr. Radner said the ratio of shrubs to the number of trees as shown on the plan is appropriate for this property. Ms. Garber -Miller asked if vehicles would be entering the property from the driveway at 20 Cabot Boulevard. Mr. Buckley said there are entrances on both the west and east sides of the property. He said there is more parking provided than required and cars and trucks will be able to enter the property through both entrances. Mr. Buckley said one of the department head concerns was there should be no left turns from the property at the west side driveway and the Police Department has asked for signage to be installed at the west entrance. Ms. Garber -Miller asked if the area on the right side of the property would remain forested. Mr. Buckley said the minimum requirement for open space is 35% and they are providing 53%, which will include the forested area, grassed area, and detention pond area. He said at this time, these areas will remain as is. Mr. Gallagher asked if the landscaping at the west side entrance would create sight distance issues. Mr. Radner said because the trees are set back 10-12 feet from the curb line, there should not be any issues. Ms. Pruitt made the motion to approve the application of 44 Cabot Mansfield LLC for a Special Permit pursuant to Zoning By -Law Section 230-4.3.E to allow an alternative landscaped buffer at the front of the building, 20 feet wide where 29 feet is required, at 44 Cabot Boulevard [Map 44 Parcel 321] in the Planned Business District (PBD], according to the plan 'Planting Plan and "Planting Details" sheets of the plans titled "44 Cabot Boulevard, Mansfield, Massachusetts" dated August 8, 2017, prepared by Radner Design Associates, Inc. Mr. Cummings seconded the motion. Discussion: Ms. Garber -Miller said the fact the forested area on the west side of the property will remain as is, will make up for the smaller buffer. Mr. Cummings said this is a uniquely -shaped lot. Motion passed 5-0-0. Hearing ended at 8:10 pm. 4. New Business: 5. Old Business: Mr. Gallagher made the motion to approve the July 18, 2017 minutes, subject to corrections (Gallagher/Pruitt). Motion passed 5-0-0. 6. Adjournment: Motion to adjourn at 8:30 pm (Gallagher/Pruitt) Motion passed 5--0. Next meeting will be October 24, 2017 at 7:30 pm. -C/ Darlene Prtuitt,ting Clerk Date