HomeMy WebLinkAboutZBA 07/18/2017Town of Mansfield t ' :` t
Zoning Board of Appeals MinuteV') r7,�1�
July 18, 2017
The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:3Q pm! resent at the
hearing were the following members: Elisabeth Garber -Miller, Chair; David Luca/Clerk;-Matthew Cummings; Philip
Shannon; Darlene Pruitt; Associate Member Eric Correira; Associate Member Aaron Gallagher. - ,
1. Meeting opened at 7:30 pm.
2. GEM Realty Trust (Eric DiPietrantoni, Ruth DiPietrantonio) 273 Chauncy Street, Map 17, Parcel 6.
The Chair read the public hearing notice for the application of GEM Realty Trust for a Variance from Zoning By -Law
Section 230 4.2A, Front Yard Setback, for the construction of a porch with less than the required front yard setback
at 273 Chauncy Street [Map 17, Parcel 61 in the Business 4 (64) zone.
The following documents were introduced at the public hearing:
• Application for Variance, filed with the Town Clerk's office May 30, 2017;
• A copy of the public hearing notice;
• "Proposed Porch Addition at No. 273 Chauncy Street in Mansfield, MA" dated April 24, 2017, prepared by
RIM Engineering Co., Inc.;
• Mansfield GIS Viewer dated April 19, 2017; -
• Monarch Realty Group, existing vs. proposed, prepared by Main Street Architects
Owners Ruth and John DiPietrantonio and John Rivard, Your Home Exterior, were present.
Ms. DiPietrantonio explained they are in the process of renovating the building, which they purchased three years
ago. She said the building had two separate staircases to the existing concrete stoop, but during the renovations it
was determined there was termite damage to the sill and the stairs were removed. She said they now want to
build one continuous porch.
Mr. Rivard said he was hired to build a porch in the front of the building to improve the aesthetics of the building.
He said the proposed porch will have to have proper footings because the Building Department would not allow
the concrete slab as a support for the porch with a roof structure above. Ms. Garber -Miller asked how many sets
of stairs there will be. Ms. DiPietrantonio said there would be only one staircase leading to the new porch. Mr.
Rivard said the proposed stairs will have three steps.
Ms. Pruitt asked if the Applicant proposes to raise or extend the proposed porch. Mr. Rivard said the porch will be
6.5 feet wide to give enough of a footprint to have a usable space with a roof. Ms. Garber -Miller noted the
proposed roof runs the length of the existing concrete slab.
Mr. Shannon asked if there would be only one set of stairs for both entrances. Mr. Rivard said there would be one
set of stairs on the right side of the porch.
Mr. William Clemmey, 55 Fowler Street, said the proposal will be for a better porch and they should be allowed to
move forward.
Ms. Garber -Miller and Mr. Luca discussed the age of the structure and existing non-compliance, and the
Board determined that the zoning request should be modified to a Finding.
Mr. Cummings made the motion that the request for a finding at 273 Chauncy Street is an increase in a pre-
existing, non -conforming condition. Mr. Luca seconded the motion.
Discussion: Ms. Garber -Miller said there is a slight increase in the size of the porch
Motion passed 5-0-0.
Mr. Cummings made the motion that the increase in the pre-existing, non -conforming condition as per the plan at
273 Chauncy Street is no more detrimental to the neighborhood than the current condition. Mr. Luca seconded
the motion.
Discussion:
Mr. Luca said the repair of the porch will be less detrimental, the porch will be no closer to the road and the
change is de minimis.
Motion passed 5-0-0.
Hearing ended at 7:40 pm.
3. Foundry, LLC, 4, 6, 8 West Church Street, 15 High Street, 206-214 North Main Street.
The Chair read the public hearing notice for the application of Foundry LLC for Variances from Zoning By -Law
Section 230-5.100(e), North Main Street Business Overlay District, Parking, (a) to allow access to the site from the
sides where access from the rear of the site is required; (b) to allow retail along 67% of the building frontage where
100% is required; (c) and to allow the depth of retail space along the building frontage to be 30% to 50% where
50% is required; Section 230-4.4139(a), Off Street Parking and Loading, Entrance/Exit drive widths and location, to
allow a distance of 28 feet 4 inches from the proposed exit driveway to Old Colony Way where 50 feet is required;
and Section 230-4.5, Corner Lot, to allow a building setback of 11.5 feet from West Church Street and a building
setback of 6.5 feet from High Street where 25 feet is required to allow for the construction of a mixed
business/residential use building at 206-214 North Main Street, 4, 6, 8 West Church Street and 15 High Street
(Assessor's Map 21, Parcels 151, 380, 147, 152, 148) in the Business 1 (81) zone.
The following documents were introduced at the public hearing
• Application for Variance, filed with the Town Clerk's office June 16, 2017;
• A copy of the public hearing notice;
• "Proposed Building Location Plan at No. 206-214 North Main Street in Mansfield, MA dated June 12, 2017,
prepared by RIM Engineering Co., Inc.;
• "Proposed Concept Rendering" dated June 16, 2017, prepared by Harrison French & Associates;
• Planning Board letter dated July 13, 2017.
William Clemmey, Karl Clemmey, Michael Clemmey and Lou Allevato, Harrison French & Associates, were present
Mr. Allevato explained the proposed building will have retail space with a potential restaurant on the ground floor
and three stories of residential units. He said the 66,000 square -foot building will have approximately 5,000
square feet of retail/mix business use or a restaurant and will be setback from the street, creating an opportunity
for a paved plaza with landscaping and seating. He said there will be 34 parking spaces under the building as well
as an additional 32 parking spaces behind the building. The building will have entrances from the parking area and
from North Main Street. Mr. Allevato said there will be 44 residential units over three stories and each floor will
have a common space.
Mr. Luca read into the record a July 13, 2017 letter from the Planning Board.
William Clemmey said the building will meet all the downtown overlay district incentives with bike racks, patio,
recycle receptacles, wider sidewalks, and planters. Mr. Clemmey said the special circumstances for this lot are the
four streets surrounding the lot, three of which are one-way, the shape of the lot and public safety issues. He said
a literal enforcement of the Zoning By -Law would create a hardship.
William Clemmey said they are seeking a variance from the requirement to access the building from the side. He
said by using the existing two curb cuts, access to the building would be off West Church Street and High Street,
which will be a better and safer design and will meet the intent of the by-law. Mr. Gallagher asked if a traffic or
civil engineer has looked at the entrance/exit on West Church Street; he said he would be less concerned if the
only entrance were on West Church Street. Mr. Luca said he is also concerned about the exit at this location
because there is nothing to prevent drivers from turning right onto West Church Street. Mr. Clemmey said they
could make this an "entrance -only."
Regarding the request for relief from the requirement of 100% of the front of the building to be retail, Mr.
Clemmey explained 67% of the front of the building will be retail, with 5,000+ square feet, and the remaining 33%
will be a 1,325 square -foot patio. Ms. Garber -Miller asked how the patio area would be used. Mr. Clemmey said
the patio could be used by the residents, a restaurant or retail store as a common area with tables and chairs. Mr.
Clemmey noted there are 11 parking spaces in front of the building, where six spaces would be required for a retail
store.
Regarding the request for relief from the requirement for 50% of the depth of the building to be retail, Mr.
Clemmey said they could have moved the building forward and used tandem and outside parking, but by adding a
parking garage, there will be less snow removal and outside maintenance. He said the purpose of the 25 -foot
setback is for unobstructed visibility. He said there will be 11 feet from the center point on the West Church
Street/Old Colony Way side and six feet on the High Street side. He said because High Street and West Church
Street are one-way streets, there will be no visibility issues.
Mr. Clemmey said the driveway on West Church Street is 46 feet from the existing curb cut to Old Colony Way
where 50 feet is required; he explained his request for relief to allow the driveway to be 28 feet from the
intersection. Ms. Garber -Miller said making this an entrance only would eliminate any potential exit issues. Mr.
Clemmey said this will make the area safer for everyone.
Ms. Garber -Miller asked how many of the units will be affordable. Mr. Clemmey said there are six affordable units.
Mr. Gallagher asked if the units will be condos or apartments. Mr. Clemmey said at this time, they are set up as
apartments.
Stephen Cunningham, 32 Douglas Drive, asked if there would be a fence at the back of the parking lot. Mr.
Clemmey said there is no final design at this time, but there will probably be a two- or three-foot wall. Mr.
Cunningham noted the driveway for his property on West Church Street is next to Mr. Clemmey's property and he
is concerned about people entering and exiting from his property.
Scott Feeley, 489 Fruit Street, said this is a tremendous opportunity for the downtown area.
Steven Schoonveld, 21 Newton Street, said the restaurant has good curb appeal and goes well with the
neighborhood. He asked the square footage of the retail/restaurant spaces; Mr. Clemmey said the space on the
High Street side is 1,300 square feet and the other two retail spaces are 2,100 and 1,600 square feet.
Mr. Luca said the entrance/exit on West Church Street should be an entrance only, but said he does not want to
put that in the variance, which would permanently run with the land, if the Applicant has a better solution, such as
signage. Mr. Gallagher said the entrance/exit is problematic and he is concerned about the speed of the cars
entering the property. Mr. Clemmey said there will be a garage door at the entrance/exit area, which would not
open until the car has stopped. Ms. Garber -Miller suggested sending the Planning Board a letter expressing the
board's concerns on this point.
Mr. Luca made the motion to grant the variances as requested to Foundry LLC for Variances from Zoning By -Law
Section 230-5.101<7(e), North Main Street Business Overlay District, Parking, (a) to allow access to the site from the
sides where access from the rear of the site is required; (b) to allow retail along 67% of the building frontage where
100% is required; (c) and to allow the depth of retail space along the building frontage to be 30% to 50% where
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50% is required; Section 230-4.4139(a), Off Street Parking and Loading, Entrance/Exit drive widths and location, to
allow a distance of 28 feet 4 inches from the proposed exit driveway to Old Colony Way where 50 feet is required;
and Section 230-4.5, Corner Lot, to allow a building setback of 11.5 feet from West Church Street and a building
setback of 6.5 feet from High Street where 25 feet is required to allow for the construction of a mixed
business/residential use building at 206-214 North Main Street, 4, 6, 8 West Church Street and 15 High Street
(Assessor's Map 21, Parcels 151, 380, 147, 152, 148) in the Business 1 (81) zone, in accordance with the plan,
"Proposed Building Location Plan at No. 206-214 North Main Street in Mansfield, MA" dated June 12, 2017,
prepared by RIM Engineering Co., Inc. Ms. Pruitt seconded the motion.
Discussion:
Mr. Luca said this property is of utmost importance to the downtown area and it will be more detrimental to the
town if the variances are not granted. He said the shape of the lot creates a hardship, and the proposed building
meets the intent of the by-law.
Motion passed 5-0-0.
Hearing ended at 8:25 pm
4. New Business:
5. Old Business:
Approval of June 20, 2017: Motion to approve (Pruitt/Gallagher) Motion passed 5-0.
6. Adjournment:
Motion to adjourn at 8:45 pm (Gallagher/Pruitt) Motion passed 5-0.
Next meeting will be September 26, 2017 at 7:30 pm.
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