Loading...
HomeMy WebLinkAboutZBA 11/28/2017C, I Town of Mansfield Zoning Board of Appeals MinyXg November 28, 2017 I! UU The Zoning Board of Appeals held its regular meeting in the Town Hall, WAsIA hearing were the following members: Elisabeth Garber -Miller, Chair; Darlene: Associate Member Eric Correira; Associate Member Aaron Gallagher. HAS 1. Meeting opened at 7:30 pm. 2. Daniel and Tiffany Pope, 347 Pratt Street, Map 25, Parcel 44. ECEIVED LERKS OFFICE, i Cummings; The Chair read the public hearing notice for the application of Daniel and Tiffany Pope for a Special Permit from Section 230-3.10(2)(a) to allow the change„extension or alteration of the pre-existing, non -conforming structure or use at 347 Pratt Street (Map 25, Parcel 44) in the Residential 2 (142) Zone to a music studio. The following documents were introduced at the public hearing: • Application for Variance, filed with the Town Clerk's office October 24, 2017; • A copy of the public hearing notice; • "Certified Plot Plan of Land in Mansfield, MA dated November 3, 2005, prepared by RIM Engineering Co., Inc. Aaron Gallaher and Eric Correira were appointed voting members for this public hearing. Attorney Nicholas Riccio and homeowners Daniel and Tiffany Pope and their daughter Charlotte were present. Attorney Riccio explained Daniel and Tiffany Pope have lived at 347 Pratt Street, a property owned by Ms. Pope's brother Brett Elms, for four years and if the special permit is granted, Mr. and Mrs. Pope hope to purchase the house. He said Mr. Pope is a graduate of Berklee School of Music and has been teaching at the college for 12 years and Ms. Pope owns and operates a family day care on the premises. Attorney Riccio said this property was granted a use variance in the 1970s for auto repair, which operated for over 20 years in the existing accessory building.dri 2006, the Zoning Board of Appeals determined a proposed change in the pre-existing, non -conforming use to a florist shop required a special permit. He said the florist shop operated until Mr. Elms purchased the property, and since that time Mr. Pope has use the accessory building for a music studio. Attorney Riccio said this use would be less intensive, with fewer trips, pickups and deliveries than the florist shop. Attorney Ricclo noted the Zoning Board has the authority to authorize a change to the pre-existing, non- conforming use as long as the change does not intensify or expand the non -conforming use. He said there will be no visible changes to the premises; it will have the same footprint, with no expansion of the building and the same impervious surface with plenty of parking. He said the; day care has intermittent pick up and drop off, so there is never a traffic queue and the circular driveway in the front will prevent drivers from backing out onto Route 106. Attorney Riccio said Mr. Pope would be giving single or group lessons with no more than five people, which would have a low impact on the surrounding properties. Attorney Riccio said if the board identified any negative impacts, Mr. Pope would certainly be willing to discuss sound attenuation. Attorney Riccio said the building is assessed as both residential and commercial and has been used as a commercial property since the 1970s, with the owner paying commercial meter rates. He said he and Mr. Pope have discussed the proposal with the direct abutters and, to the best of their knowledge, there have been no objections and they have received a lot of support and. encouragement. Jennifer Morris, 366 Pratt Street, and Connie Baynes, 355 Pratt Street, both said they support the music studio. 1 1 J • �ut Lhe hours the studio would be opened. Mr. Pope said occasionally there would be an dey, but typically it is an after school program so the hours would be from 3 pm but no d3f the hours would change during the summer, Mr. Pope said the lessons are by appointment the hoswould not normally change. iber'M,ilter asked about the group lessons and said, because this is a residential area, she was concerned �trioise and traffic. Attorney Riccio said there is a fair amount of impervious surface and there will be plenty �F-,-king. Mr. Pope said typically, single lessons ,are a half hour to one hour long and group lessons are approximately one to two hours. Ails. Pruitt asked if there would be any sound proofing. Mr. Pope said the room is very contained and he is aware of his neighbors but he would not object to adding extra sound proofing if needed. Ms Pruitt asked if Mr. Pope would do small shows; Mr. Pope said if he were to do a show, it would be at a different location. Mr. Cummings made the motion to approve the application of Daniel and Tiffany Pope for a Special Permit from Section 230-3.10(2)(a) to allow the change, extension or alteration of the pre-existing, non -conforming structure or use at 347 Pratt Street (Map 25, Parcel 44) in the Residential 2 (112) Zone to a music studio in accordance with the plan "Certified Plot Plan of Land in Mansfield, MA dated November 3, 2005, prepared by RIM Engineering Co., Inc. Mr. Gallagher seconded the motion. Discussion: Mr. Cummings said he has lived next to the Mansfield Congregational Church, which has a coffeehouse, but he has never heard any noise. Ms. Garber -Miller said the building was previously a garage. She said a group lesson would be the worst case scenario in terms of the neighbors, but one of the neighbors is a church. She said she feels the music studio is probably less intensive than the florist and the studio would generate the same type of sporadic traffic. Motion passed 5-0-0. Hearing ended at 7:50 pm. 3. Crugnale Properties, LLC, 11 North Main Street, Map 27, Parcel 93 The Chair read the public hearing notice for the application of Crugnale Properties, LLC for a Variance from Zoning By -Law Section 230-4.4, Off -Street Parking and Loading, to allow for seven (7) parking spaces where ten (10) are required at 11 North Main Street (Assessor's Map 27, Parcel 93) in the Business 2 (B2) zone. • Application for Variance, filed with the Town Clerk's office October 27, 2017; • A copy of the public hearing notice; • "Steeplegate 11 North Main Street Mansfield MA Variance Plan dated October 25, 2017, prepared by River Hawk Environmental; • November 6, 2017 letter from the Planning Board. Aaron Gallaher and Eric Correira were appointed voting members for this public hearing. Marco Crugnale explained he received a special permit from the Planning Board to convert the former. Methodist Church at 11 North Main Street to five (5) townhouse condominiums and he is requesting relief: from the zoning board to have seven parking spaces where ten are required. The special permit plan showed ten parking spaces, 2 H% -S ,�arreasement from the abutting property owner, .Lynch Realty, to access his parking area. - r `raht the easement in exchange for three parking .spaces on Mr. Crugnale's property. Mr. he%ardship is the property is landlocked and he can only access the property at 11 North Main Y3Jfil'i"the easement; he noted there will only be seven spaces for the five proposed units. He said the rriliisvpill allow him to renovate the former church. Hlfdreth, 11 Fairfield Park, who is the direct abutter behind the church, said she is concerned about the (iarlong; she said if there are fewer spaces for the new condominiums, people will park in the Fairfield Park lot. IVIr.�Gallagher asked the size and number of bedrooms in each. unit. Mr. Crugnale said the units will either be two or three bedrooms; the interior units will be 1,900 square feet with 2,200 and 3,000 square -foot end units. Mr. Gallagher asked what. will happen. with residents. who own two cars. Mr. Crugnale said the one parking space would be in the deeds. Ms. Garber -Miller said although she understands Ms. Hidreth's concerns and would like every new building to have as much parking as possible so :spaces are not ..being taken away from downtown businesses, this is a unique situation because this is not a new building but a re -use of a historic building. Ms. Pruitt read into the record the November 6, 2017 letter of support from the Planning Board. Ms. Hidreth asked where the trash would be located. Mr. Crugnale said the trash would be stored under the decks on the left side of the building. Attorney Nicholas Riccia, 11 Sawmill Court, said this is a great re -purposing of the building. He said downtown parking is a problem, but he would not want this project to fail because of three parking spaces. Ms. Hidreth agreed with Attorney Riccio but noted the residents of Fairfield Park have had to contract with a.tow service to . remove illegally parked cars from their own parking spaces. Mr. Cummings made the motion to approve the application of Crugnale Properties, LLC for a Variance from Zoning By -Law Section 230-4.4, Off -Street Parking and Loading, to allow for seven (7) parking spaces where ten (10) are required at 11 North Main Street (Assessor's Map 27, Parcel 93) in the Business 2 (B2) zone. Mr. Gallagher seconded the motion. Discussion: Mr. Gallagher said this project is exactly what Mansfield is trying to do downtown, which is to create housing within walking distance to the train station and this project fits with the master plan for downtown. He noted the buyers will know when they move in they have only one parking space. He said he understands Ms. Hildreth's concerns, but the parking issues will remain whether this project is build or not. Having lived at Fairfield Park, Mr. Correira said parking has always been an issue, but he said he thinks that is more of an enforcement issue. Ms. Garber -Miller said this is a historical building and the project fits with the whole transit picture. She said the owners of the units will know they have only one parking space. She believes the benefits of the project outweigh the detriments. Mr. Cummings said this will be a better situation than what is there now. Motion passed 5-0-0. Hearing ended at 8:05 pm. 4. New Business: 3 Date Darlene Pruitt, Clerk •