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HomeMy WebLinkAboutZBA 07/31/2018Town of Mansfield RECEIVED Zoning Board of Appeals Minutelf0",' _) " (r G"G, t D1' i (CE July 31, 2018 2CU 4EC 18 P 3: 41 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 Pqp ftx {Fe(K;jN4tthew Cummings; Philip Shanndn; Aaron Gallagher; Associate Member Eric Correira. I{SC,?' C L1 QU1 T� 1. Meeting opened at 7:30 pm. 2. Steven and Deborah Hawes, 53 Riverside Drive, Map 28, Parcel 154 The Chair read the public hearing notice for the application of Steven and Deborah Hawes for a variance from Zoning By -Law Section 230-4.2.1, Rear Yard Setback, for the construction of a deck with an 18 -foot rear yard setback where 30 feet is required at 53 Riverside Drive (Assessor's Map 28, Parcel 154 in the Residential 2 (112) zone. The following documents were introduced at the public hearing • Copy of public hearing notice, which ran in the Mansfield News on July 13, 2018 and July 20, 2018; • Application for Variance, filed with the Town Clerk's Office on June 15, 2018; • "Proposed House Addition at No. 53 Riverside Drive, Mansfield, MA dated June 14, 2018, prepared by RIM Engineering Co., Inc. Homeowners Steven and Deborah Hawes were present. Mr. Hawes explained they would like to replace the existing 12'x14' deck with a square 16'x16' deck, which would result in an 18 -foot rear yard setback where 30 feet is required. Ms. Garber -Miller asked when the existing deck was built because it is also not in compliance. Ms. Hawes said the deck was original to the house when they purchased it in 1993. Mr. Correira asked why the applicant was replacing the deck. Mr. Hawes said the existing deck is very small and they want to increase the size. There were no public comments. Mr. Cummings made the motion to approve the application for Steven and Deborah Hawes for a Variance from Zoning By -Law Section 230-4.2.1, Rear Yard Setback, for the construction of a deck with an 18 -foot rear yard setback where 30 feet is required at 53 Riverside Drive (Assessor's Map 28, Parcel 154 in the Residential 2 (132) zone, in accordance with the plan, "Proposed House Addition at No. 53 Riverside Drive, Mansfield, MA" dated June 14, 2018, prepared by RIM Engineering Co., Inc. Mr. Shannon seconded the motion. Discussion: Ms. Garber -Miller said the yard slopes down towards Cabot Pond. Mr. Cummings said the hardship is the unique shape of the lot. Motion passed 5-0-0. Hearing ended at 7:35 pm. 3. John Brunelle, 33 Paine Road, Map 17, Parcel 13 The Chair read the public hearing notice for the application of John Brunelle for a Finding from Zoning By -Law Section 230-7.2(4), Findings, for the change, extension, alteration or reconstruction of a pre-existing, non- conforming structure, for an addition at 33 Paine Road (Assessor's Map 17, Parcel 13) in the Residential 2 (112) zone. The following documents were introduced at the public hearing: • Copy of public hearing notice, which ran in the Mansfield News on July 13, 2018 and July 20, 2018; • Application for Variance, filed with the Town Clerk's Office on June 20, 2018; • "Proposed House Addition at No. 33 Paine Road, Mansfield, MA" dated June 13, 2018, prepared by RIM Engineering Co., Inc. Homeowner John Brunelle said they are proposing to add a bedroom to the existing house. Ms. Garber -Miller asked if this would be a one-story addition. Mr. Brunelle said yes it would be. Mary Sullivan McIntire, 259 Central Street, said compared to what was there before, the new house is beautiful. Ms. Garber -Miller asked if the proposed addition would be in the building envelope; Mr. Brunelle said yes it would be. Paul Jodice said the addition would be the same cape style as the existing house. Mr. Brunelle said the roof line of the addition would either be a cathedral ceiling or a second story. Ms. McIntire asked when construction would start. Mr. Brunelle said the work would begin in September. Mr. Cummings made the motion that the request for a Finding at 33 Paine Road is an increase in a pre-existing, non -conforming condition. Mr. Gallagher seconded the motion. Motion passed 5-0-0. Mr. Cummings made the motion that the increase in the pre-existing, non -conforming condition per the plan, at 33 Paine Road is not substantially more detrimental to the neighborhood than the current condition. Mr. Gallagher seconded the motion. Discussion: Ms. Garber -Miller said the addition fits with the other houses in the neighborhood. Ms. Pruitt said she does not have an issued with the proposed addition. Motion passed 5-0-0 Hearing ended at 7:45 pm. 4. Denis and Susan Donovan, 793 Ware Street, Map 37, Parcel 109 The Chair read the public hearing notice for the application of Denis and Susan Donovan for a Variance from Zoning By -Law Section 230-4.2.1, Side Yard Setback, for the construction of an addition with a 23.2 -foot side yard setback, where 25 feet is required at 793 Ware Street (Assessor's Map 37, Parcel 109) in the Residential 1 (131) zone. The following documents were introduced at the public hearing: • Copy of public hearing notice, which ran in the Mansfield News on July 13, 2018 and July 20, 2018; • Application for Variance, filed with the Town Clerk's Office on June 21, 2018; • "Proposed House Addition at No. 793 Ware Street, Mansfield, MA" dated June 5, 2018, prepared by RIM Engineering Co., Inc. Homeowners Denis and Susan Donovan were present. Mr. Donovan explained the existing deck serves as the side entrance to their kitchen and they want to expand and enclose the deck. The deck will be expanded from four feet to six feet, resulting in a 23.2 -foot side yard setback where 25 feet is required. Mr. Cummings asked the age of the house. Mr. Donovan said the house is 32 years old. Mr. Correira asked if the applicant had spoken with the direct abutters, Mr. and Mrs. Brown, 791 Ware Street. Ms. Donovan said they are in the process of moving. There were no public comments. Mr. Cummings made the motion to approve the application of Denis and Susan Donovan for a Variance from Zoning By -Law Section 230-4.2.1, Side Yard Setback, for the construction of an addition with a 23.2 -foot side yard setback, where 25 feet is required at 793 Ware Street (Assessor's Map 37, Parcel 109) in the Residential 1 (111) zone, in accordance with the plan, "Proposed House Addition at No. 793 Ware Street, Mansfield, MA" dated June 5, 2018. Mr. Gallagher seconded the motion. Discussion: Ms. Garber -Miller said the homeowners are just making the existing deck slightly larger and with the addition of 1.8 feet, the change is de minimus. Ms. Pruitt noted this is a small increase to the existing deck. Motion passed 5-0-0. Hearing ended at 7:55 pm. 5. Daniel and Julia Cueller Martin, 15 Spring Street, Map 27, Parcel 19 The Chair read the public hearing notice on the application of Daniel and Julia Cueller Martin for a Finding/Variance from the Zoning By -Law Sections 230-7.2(4), Findings, for the change, extension, alteration or reconstruction of a pre-existing, non -conforming structure and 230-4.2A, Front Yard and Rear Yard Setback, for an addition with a 22 -foot front yard setback where 30 feet is required and a 9.6 rear yard setback where 30 feet is required at 15 Spring Street (Assessor's Map 27, Parcel 19) in the Residential 3 (113) zone. The following documents were introduced at the public hearing: • Copy of public hearing notice, which ran in the Mansfield News on July 13, 2018 and July 20, 2018; • Application for Variance, filed with the Town Clerk's Office on June 25, 2018; • "Proposed House Addition at No. 15 Spring Street, Mansfield, MA" dated June 21, 2018, prepared by RIM Engineering Co., Inc. Paul Jodice, Jodice and Sons, Inc., said the applicant has asked for a continuance to September 18, 2018. He said they might not go forward with the project as presented; at this time they are trying to modify the design so they can go forward by right. He noted this is an odd -shaped lot. Mr. Cummings made the motion to accept the request to continue the hearing for Daniel and Julia Cueller Martin, 15 Spring Street, to September 18, 2018. Mr. Gallagher seconded the motion. Motion passed 5-0-0. Hearing ended at 8:03 pm. 6. Phillip Carnevale, 21 Atwood Street, Map 18, Parcel 387 The Chair read the public hearing notice for the application of Phillip Carnevale for a Finding/ Variance from Zoning By -Law Sections 230-7.2(4), Findings, for the change, extension, alteration or reconstruction of a pre-existing, non- conforming structure and 230-4.2A, Front Yard Setback, for an addition with a 22.5 -foot front yard setback where 30 feet is required at 21 Atwood Street (Assessor's Map 18, Parcel 387) in the Residential 2 (R2) zone. The following documents were introduced at the public hearing: • Copy of public hearing notice, which ran in the Mansfield News on July 13, 2018 and July 20, 2018; • Application for Variance, filed with the Town Clerk's Office on June 27, 2018; • "Zoning Plan 21 Atwood Street" dated June 21, 2018, prepared by Hutchins -Trowbridge Associates, Inc. Homeowner Phillip Carnevale explained the existing landing with stairs is 24.5 feet from the front property line and he would like to build a porch, to be no bigger than 6'x18', to create a breezeway, resulting in a 22.5 front yard setback, where 30 feet is required. There were no public comments. Mr. Cummings made the motion that the request for a Finding at 21 Atwood Street is an increase in a pre-existing, non -conforming condition. Mr. Gallagher seconded the motion. Motion passed 5-0-0. Mr. Cummings made the motion that the increase in the pre-existing, non -conforming condition per the plan at 21 Atwood Street is not substantially more detrimental to the neighborhood than the current condition. Mr. Gallagher seconded the motion. Discussion: Ms. Garber -Miller said the proposed porch will not be much larger than what is currently there and will fit in with the character of the neighborhood. Motion passed 5-0-0 Hearing ended at 8:14 pm. 7. West Church Realty, LLC, 51 West Church Street, Map 21, Parcel 135 The Chair read the public hearing notice on the application of West Church Realty, LLC for a Special Permit, Section 230-4.3, Landscaping and Screening, and a Variance from Zoning By -Law Section 230.4.4D5, Materials, to allow no landscaping and dense grade surface pervious material and surface drainage swale where landscaping and 2%" pavement and curbing with subsurface drainage are required at a proposed 61 -space commuter parking area at 51 West Church Street (Map 21, Parcel 135) in the Industrial 3 (13) Zone. The following documents were introduced at the public hearing: • Copy of public hearing notice, which ran in the Mansfield News on July 13, 2018 and July 20, 2018; • Application for Variance, filed with the Town Clerk's Office on June 29, 2018; • "Plan of Proposed Commuter Parking No. 51 West Church Street Existing Conditions in Mansfield, MA" dated June 25, 2018, prepared by RIM Engineering Co., Inc.; • "Phase I Commuter Parking Lot at No. 51 West Church Street in Mansfield, MA dated June 25, 2018, prepared by RIM Engineering Co., Inc.; • Amendment to Application dated June 29, 2018, submitted by Edward W. Valanzola, Esq., Valanzola Law Group; • Five pages of photographs (undated) submitted by Attorney Edward W. Valanzola, Esq., Valanzola Law Group; • July 26, 2018 letter from Millhaus at Mansfield Condominium Trust; • Four pages of photographs (undated), submitted by William Clemmey. Attorney Edward Valanzola, representing Jeff S. Strom, West Church Realty LLC, said the applicant has gone before the Conservation Commission with a Request for Determination of Applicability; the Commission agreed they want to see pervious material used for this project, with all the hardtop currently on site removed and replaced with gravel or crushed stone, which will allow water to pass through rather than run off the site. Attorney Valanzola said they have been to the Board of Selectmen, which will ultimately give the applicant a license to operate the commuter rail parking. He said parking is an issue in the downtown area for both commuters and residents and said the Board of Selectmen suggested they consider giving Mansfield residents priority for parking. He said the property is bordered by train tracks at the rear, the Town of Mansfield Electric Department offices on the left and the Millhaus Condominiums on the right. He explained two of the four buildings on this site will be removed for the 61 proposed parking spaces. The large building to the left of the property will remain and will be separated from the parking lot by a temporary fence. Attorney Valanzola said the applicant will next meet with the Planning Board for a special permit. Attorney Valanzola said the request for relief from Section 230-4.3, Landscaping and Screening should have been a Special Permit and 230-4.4D5, Materials, should be a Variance. Attorney Valanzola said the proposed entrance area will have a speed bump, a concrete berm and a walkway, and dense greenery will break the sight line. He said improvements to the fence would screen the headlights from parking spaces 1-18. He said there will be drainage systems to contain everything on site. Snow will be removed from the site. Ms. Garber -Miller asked about fencing on the site; Attorney Valanzola said a temporary fence would be added so the existing office and showroom would still have a separate paved parking area. He said at some point, there may be a Phase 11, which would remove the office and showroom for additional parking. Ms. Garber -Miller asked, with only one entrance, how the business would receive deliveries and whether large trucks would have room to maneuver. Mr. Strom said the deliveries would be made to the left of the temporary fence and the trucks would back in to the paved area. Attorney Valanzola said trucks would not be entering the proposed parking area and the temporary fence would separate the business and the proposed parking spaces. Attorney Valanzola said the applicant is asking the board to consider allowing the use of crushed stone and alternative materials and landscaping surrounding the property. He noted other than the Millhaus Condominiums, there are no residential abutters. Ms. Pruitt read a July 26, 2018 letter from Millhaus at Mansfield Condominium Trust, Attorney Valanzola said many of the issues stated in the letter, including traffic, noise and lighting, are for the Planning Board to consider. He said for the landscaping and buffering, slats or something similar could be added to the existing fence to block headlights and would be equal to a row of trees or shrubs. He said there is a great distance between their building, where there will be 18 parking spaces, and the property at 51 West Church Street. Attorney Valanzola said there will be a lock gate to prevent people from walking through their property; he said if this becomes an issue, they will work with the neighbor. He suggested a berm with a row of arborvitae. He said the letter did not mention any objections to the type of materials to be used. Kevin McNatt, 150 Rumford Avenue, Chairman of the Board of Trustees at Millhaus Condominium, said Mr. Strom and his brother have always been good neighbors and they are not technically opposed to this parking lot project; it is within the bounds of the zoning by-law. He said impervious materials make sense because of the existing drainage on the site. He said his concern is the boundary between 150 Rumford Avenue and 51 West Church Street. He said it is their contention that this is a change of use and a 20 -foot setback would be required along the property line at 150 Rumford Avenue; he said they would like to see a setback along the fence. He noted this new proposal would operate 24 hours a day, seven days a week, while the existing business operates normal business hours. Attorney Valanzola said it will primarily be a commuter parking lot, so the peak hours would be 7am-9am and 4pm-7pm. He said the Board of Selectmen hope this will provide parking for some of the new rental and condo properties in the downtown area, especially in the winter months. Michael Lammie, 150 Rumford Avenue, said his key concerns are noise and that they have sufficient buffering, both visually and aesthetically, and the noise is kept down without creating any undue hardship; he said they have been good neighbors. Ms. Garber -Miller suggested a more substantial type fence such as a stockade fence to eliminate the light issue. Bill Clemmey, 55 Fowler Street, said he lives behind Wendy's and headlights go through the 10 -foot stockade fence, which is why trees have been planted on both sides of the fence there. Ms. Garber -Miller said Mr. McNatt has stated that if the landscape buffer could not be provided, the Milhaus residents would be willing to consider other alternatives to address their concerns. She said the board can either set conditions or continue the hearing so the applicant and abutter can come to some kind of agreement. Attorney Valanzola said they have to meet with the Planning Board and go back to the Board of Selectmen. He said the applicant would like to be able to start the work before winter. He said the board can set a condition that an agreement be made regarding some type of screening, whether it is a fence or some kind of shrubbery, which would be part of the submission to the Planning Board. Ms. Garber -Miller said she was concerned an agreement cannot be reached between the applicant and the abutter. Mr. Gallagher said the applicant is requesting a special permit on the landscaping, but the board could modify that and give them the special permit for relief from landscaping but include a condition to require some type of screening for a buffer between the two properties. Attorney Valanzola said the Conservation Commission is requiring the applicant use the proper material. He said the issues about additional parking and traffic are things the Planning Board will consider and is not something the Zoning Board of Appeals would consider as part of the requested relief. He noted the drainage will remain on site. Karl Clemmey, 390 West Street, asked if there were any comments from Lee Azinheira, Director of Department of Public Works, the Town Engineer or the Board of Selectmen. Ms. Garber -Miller said there were not. Mr. Clemmey said cars need to be at the railroad station, not in the center of town, and there is no need for addition parking. He said the applicant should have to prove there is a hardship. Attorney Valanzola said this parking lot would not be only for commuter parking, it would also serve the North Main Street, Chauncy Street and the Route 106 area. Mr. McNatt asked about the requirement of the 20 -foot setback because of the change of use on this property. Ms. Garber -Miller said it is not actually a change of use because it is a parking lot now, it just is not currently a commercial parking lot. Attorney Valanzola said the property is in an Industrial 3 zone. Mr. Bill Clemmey said this is clearly a change in use, and according to the by-law, the property is currently used for bulk storage and sales by right. Mr. McNatt asked for clarification of the 20 -foot setback requirement. He said the town designated the back portion of the Milhaus property as an industrial zone and in that zone there is supposed to be a 20 -foot setback. Attorney Valanzola said if the industrial portion of 150 Rumford Avenue abuts 51 West Church Street, it does not require a setback; he said the setback applies only if there is a structure. Mr. Cummings made the motion to approve the application the application of West Church Realty, LLC for a Variance from Zoning By -Law Section 230-4.4D5, Materials, to allow dense grade surface pervious material and surface drainage Swale where 2%" pavement and curbing with subsurface drainage are required at a proposed 61 - space commuter parking area at 51 West Church Street (Map 21, Lot 135) in the Industrial 3 (13) Zone, in accordance with the plan, "Plan of Proposed Commuter Parking No. 51 West Church Street Existing Conditions in Mansfield, MA" dated June 25, 2018, prepared by RIM Engineering Co., Inc. and "Phase I Commuter Parking Lot at No. 51 West Church Street in Mansfield, MA dated June 25, 2018. Mr. Shannon seconded the motion. Discussion: Ms. Garber -Miller said the grading is going to be done according to the plan, the drainage will be on site and it is going to be a permeable surface. Mr. Gallagher said the Conservation Commission has approved the project. Motion passed 5-0-0. Mr. Cummings made the motion to approve the application of West Church Realty, LLC for a Special Permit from Zoning By -Law Sections 230-4.3, Landscaping and Screening, to allow no landscaping at a proposed 61 -space commuter parking area at 51 West Church Street (Map 21, Lot 135) in the Industrial 3 (13) Zone, subject to an agreement between the applicant and Milhaus Condominiums regarding the buffer along the MBTA railroad track, Mansfield Electric Department and Milhaus Condominiums and the submittal of an updated plan. Ms. Pruitt seconded the motion. Discussion: Mr. Cummings said the landscaping is the only issue and they are going to be neighbors for a long time. Ms. Garber- Miller said the applicant and the abutter will come up with an agreement. Hearing ended at 9:55 pm. 8. Wireless Telecommunications Structure, Eco -Site, Inc., 251 Branch Street, Map 34, Parcels 10 and 101. This application was for a Variance from Zoning By -Law Section 230-3.6(G)(4)(g), Wireless Communication Towers, to allow the construction of a wireless telecommunications facility with less than the required setback from the nearest residential structure at 251 Branch Street (Assessor's Map 34, Parcels 10 and 101) in the Industrial 2 (12) zone. In a letter dated July 16, 2018, the Applicant requested to withdraw the variance application without prejudice. Mr. Cummings made the motion to accept the request to withdraw the application of Wireless Telecommunications Structure, Eco -Site, Inc., 251 Branch Street, Map 34, Parcels 10 and 101, without prejudice. Mr. Gallagher seconded the motion. Motion passed 5-0-0. 9. Correspondence: Letter dated January 22, 2018 from the Xfinity Center: Ms. Garber -Miller said the Xfinity Center would like to add a small additional parking egress route over the abutting Richard Brothers property located at 905 South Main Street. She said Jeff Mann, General Manager of the Xfinity Center, spoke with Robert Blackman (Building Inspector and Zoning Enforcement Officer) and Shaun Burke (Director of Planning and Development) who are of the view that adding this additional egress is not a substantial change to the existing operation. Mr. Mann asked that the Zoning Board let him know if they disagree. Ms. Garber -Miller said she will look at the original plans and check with Mr. Blackman and Mr. Burke. She will e-mail or present her findings in September. 10. Old Business: Ms. Pruitt made the motion to approve the April 3, 2018 and the corrected minutes of May 1, 2018 minutes. Mr. Shannon seconded the motion. Motion passed 5-0-0. 11. Adjournment: Motion to adjourn at 10:15 pm (Cummings/Shannon) Motion passed 5-0. meeting will be September 18, 2018 at 7:30 pm. rlene Pruitt, Clerk Dafe