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HomeMy WebLinkAboutZBA 02/21/2022Zoning Board of Appeals Minutes n = WED FC February 1, 2022 C,!'_F KS OFFICE NIZ MAR Ifq pp MEETING HELD VIRTUALLY USING GOTOWEBINAR PLATORNT' 4 Present: Elisabeth Garber -Miller, Chair; Darlene Pruitt, Clerk; Eric Correiig, Mwttwo vT I S Cummings; Philip Shannon; and Matthew List, Associate Priscilla McGill, Administrative Secretary Absent: Ryan Maxwell, Associate Application of Tiffany Pham for a Variance from Zoning By -Law Section 230-4.2A Lot Area where 60,000 square feet is required and Section 230-1.5 Lot Width to construct a single-family residence at 0 Plain Street (Assessor's Map 4, Parcels 86 & 87) in the Residential 1 (RI) zone. Craig Cygawnoski, RIM Engineering, Michael Acciardo and Tiffany Pham, Applicant, were present for the hearing. Mr. Cygawnoski explained the original parcel was at the Town of Mansfield and Town of N. Attleboro property lines and extended to where Route 95 is currently. In 1961 the Commonwealth of Massachusetts did a taking of land that was approximately 8.5 acres from the original owner. He noted that portions of Plain St. and Oakridge Ave. were also part of the taking for Route 95. The remaining two small parcels of land were owned by the Town of Mansfield, which was later sold in 2017. The current owner combined two parcels for a combined total of 31,795 square feet in the R-1 zone which requires 60,000 square feet. Mr. Cygawnoski also noted that the Town requires a 200 -foot x 200 -foot building box, which cannot fit on this property due to the size and shape of the lot, and that the shape of the lot was caused by the Commonwealth of Massachusetts land taking. He referenced that the Town does have an R-2 zone where minimum lot size is 30,000 square feet which demonstrates that the proposed plan would meet setback requirements to build a typical single-family house on the property. Board Comment Mr. List inquired if the lot would have been buildable in 1961 which could make this a grandfathered single-family lot. Mr. Cygawnoski noted that in 1961 the property had the added 8.5 acres, partially in N. Attleboro and Mansfield but was not aware of what zoning would have been then, assuming a house could have been built on the property then. Ms. Garber -Miller spoke of the other lots in the area, most being much smaller than current 60,000 square foot requirements. Mr. List further commented that the variance issue is mostly with the unusual shape of the lot. Mr. Cygawnoski stated that the lot was previously in an ZBA Meeting Minutes —02/01/2022 Page 1 of 7 agricultural zone and also until 1986 when zoning changed, lot size for the zone was 30,000 square feet. Public Comment Ms. Garber -Miller read the following statement for public comment "It is important to us that you have a platform for your questions and comments during this meeting, therefore to ask questions or make a public comment during tonight's virtual meeting you must have registered and joined the meeting via GoToWebinar where you now have the ability to ask a question orcomment by using the raise your hand option to be allowed to speak. As with any public meeting we ask you to be respectful of the Board members and the other residents who are making their comments by patiently and quietly waiting your turn. Thank you." Christopher MacKenzie of 17 Oakridge Ave., N. Attleboro, an abutter to the Plain St. property, stated that he purchased his home in December 2020 and the proposed variance would have a negative impact on his property and feels that the bylaws are in place to adhere to a specific standard. He further noted a requirement for granting a variance is that it would not be more detrimental to the neighborhood and feels that this does nullify the intent of the zoning bylaw. Mr. Correira stated that the 2017 deed purchase price from the Town of Mansfield was for $43,500 and expressed concern that the purchaser knew it was not a viable house lot for that price. Ms. Garber -Miller closed the hearing. Motion: To Grant a variance from Zoning Bylaw Section 230-4.2A Lot Area and Section 230- 1.5 Lot Width to construct a single-family residence at 0 Plain Street. (Cummings -Shannon) Mr. Shannon stated that the other houses in the neighborhood are similar in size and that the proposed house would not be more detrimental to the neighborhood. Mr. Cummings noted that the shape of the lot and intersecting streets make it unique. Mr. List stated that the variance cannot be granted solely based on lot size, but since the lot existing in 1961 when the lot sizes were 30,000 square feet the lot should be grandfathered for a single-family lot. Ms. Garber - Miller also noted that other lots in the area are not 60,000 square feet. Roll Call Vote Darlene Pruitt — in favor Matthew Cummings — in favor Phillip Shannon — in favor Eric Correira — opposed Elisabeth Garber -Miller — in favor Four (4) in favor, One (1) opposed, Zero (0) abstained PASSES ZBA Meeting Minutes -02/01/2022 Page 2 of 7 Application of Mohammed Abdullah for a Variance from Zoning By -Law Section 230-4.2A Lot Frontage where 150 feet is required to construct a single-family residence at Lot 391, Allen Avenue (Assessor's Map 21 Parcel 391) in the Residential 2 (R2) zone. Attorney Edward Valanzola was present on behalf of the applicant, Mohammed Abdullah. He referenced a submitted exhibit letter from Robert Blackman, Building Inspector, where it is referenced that it is a legal buildable lot "except it would need zoning relief for frontage due to the fact that Allen Street is a non -improved paper street." Mr. Valanzola noted that if Allen Street is an improved paper street no variance would be required. He referenced a zoning map showing the location of the lot with the paper street Allen Ave. in which lot has 200 feet of frontage on Allen Ave. He stated that this is a grandfathered lot under Ch. 40A, Sec. 6, which only 50 feet of frontage is required and only 5,000 square feet for the lot is required. Atty. Valanzola stated that the lot being 20,000 square feet is more than adequate. They need 50 feet of frontage and are asking for a variance for a 12 -foot wide entrance from Chauncy Street. The applicant does have a right to use Allen Ave. but feels that option would disrupt other homes with the clearing of trees and road surfacing and be costlier to the applicant and would be intrusive to the existing neighborhood. Therefore, they are seeking a 12 -foot variance, which is the width of the easement to allow a right-of-way to the property from Chauncy St. Atty. Valanzola noted speaking with Fire and Police and confirmed that the largest fire truck is less than 10 -feet wide and would be able to access the drive to the property. He noted speaking with Conservation and it was the preference of the Conservation Planner to not use Allen Ave. due to proximity to the Rumford River, but is willing to work with them if the Variance would be granted. Atty. Valanzola also mentioned a 1944 Land Court Deed showing the legal grandfathered lot on the Allen Ave. paper street and the Town never accepted the street. He suggested that the Variance is not granted they could by -right use Allen Ave. to develop the property. Board Comments Mr. List confirmed that the requested 12 -foot easement curb cut is existing and recorded with the Registry of Deeds. Mr. Shannon expressed concern with the location of the house in proximity to the river and that there is not enough information to approve the variance. Atty. Valanzola voiced that the proximity to the river issue is a Conservation issue not Zoning issue. Mr. Shannon further noted that he would like to see a plan depicting the distance of the house to the river to protect the river. Discussion ensued for Zoning and Conservation purview for decision. Ms. Garber -Miller suggested that the hearing be continued to the next hearing in order to review the plan and recommended submission of a letter from the Conservation Agent. Public Comment Ms. Garber -Miller read the following statement for public comment. ZBA Meeting Minutes -02/01/2022 Page 3 of 7 "It is important to us that you have a platform for your questions and comments during this meeting, therefore to ask questions or make a public comment during tonight's virtual meeting you must have registered and joined the meeting via GoToWebinar where you now have the ability to ask a question or comment by using the raise your hand option to be allowed to speak. As with any public meeting we ask you to be respectful of the Board members and the other residents who are making their comments by patiently and quietly waiting your turn. Thank you." Mr. Thurber of 123 Chauncy Street expressed concern with privacy, closeness of easement to his property, lack of curbing on easement, neighbor gas main on side of house where access is proposed, neighbors' children passing in front of cars accessing the driveway, and confirmation from the fire department that trucks could actually fit thru the access driveway. He also expressed the potential lowering of his home value and zoning variance requirements that need to be met. Nhi Luc of 139 Chauncy Street expressed concerns for safety and driver on Chauncy Street if access is granted and read his submitted letter. Atty. Valanzola requested a hearing continuance to March 15, 2022. Motion: To Grant the continuance to March 15, 2022. Darlene Pruitt — in favor Matthew Cummings — in favor Phillip Shannon — in favor Eric Correira — in favor Matthew List — in favor Elisabeth Garber -Miller — in favor (Shannon -Pruitt) Roll Call Vote Six (6) in favor, Zero (0) opposed, Zero (0) abstained PASSES On the application of Kurt Lamar and Wendy Farrell for an Appeal from Zoning By -Law Section 230-1.5 Definition of Recreational Vehicles and 230-3.3.H Recreational Vehicle Storage for the storage of three boats and one camper at 423 Williams Street (Assessor's Map 1 Parcel 22) in the Residential 1 (RI) zone. Mr. Kurt Lamar was present for the hearing. He stated that since placing his house for sale, the owner of 423 Williams St. placed two boats on trailers, one camper, and one sailboat in disrepair on his property and believes that this has caused his property to diminish in value. He spoke with the owner of 423 Williams St. expressing that he was in violation of the Zoning Bylaw and that he also spoke with Robert Blackman, who submitted a letter to Mr. Lamar stating that he did not feel the owner of Williams St. is in violation. ZBA Meeting Minutes —02/01/2022 Page 4 of 7 Board Comments Ms. Garber -Miller read the bylaw definition for Recreational Vehicles and stated that she visited the property prior to the hearing. She expressed her understanding that a camper is a temporary residence used for recreational purposes and did not agree that the boats fall into the same definition as temporary residence. Mr. Lamar argued that the boats on trailers are an attached recreational vehicle to which Ms. Garber -Miller noted that boats are not "temporary residence used for recreational purposes" per the bylaw. Public Comment Ms. Garber -Miller read the following statement for public comment. "It is important to us that you have a platform for your questions and comments during this meeting, therefore to ask questions or make a public comment during tonight's virtual meeting you must have registered and joined the meeting via GoToWebinar where you now have the ability to ask a question orcomment by using the raise your hand option to be allowed to speak. As with any public meeting we ask you to be respectful of the Board members and the other residents who are making their comments by patiently and quietly waiting your turn. Thank you." Mr. Joseph Aiello who lives across the street expressed concern with the boats and camper on the property. Mr. Lamar stated that he feels that the camper and boats on the property feel "commercial." Ms. Garber -Miller inquired if Mr. Lamar has spoken with the owner of property across the street with a falling down shed. Mr. Lamar stated that he did speak with the owner and chose not to seek action to remove the structure. Ms. Garber -Miller closed the hearing. Motion: To uphold the Robert Blackman, Building Inspector's opinion. (Shannon -Cummings) DISCUSSION Mr. Correira inquired if the bylaw is interpreted to include boats, does that mean a person cannot have one boat and one camper. Ms. Garber -Miller referenced the Recreational Vehicle bylaw definition, which does not reference boats. Mr. List also noted that there is no Bylaw that restricts the number of boats on a property. Ms. Garber -Miller reference zoning bylaw section 230-3.3H Recreational Vehicle Storage: outdoor parking or storage of not more than one uninhabited recreational vehicle. Her opinion was that in reference to "uninhabited recreational vehicle" it does not make sense that one would be living in a boat on somebody's property and that the bylaw is more in keeping with preventing multiple campers with people living on the property and that the boats do not play a role in the definition. Roll Call Vote Darlene Pruitt — in favor Matthew Cummings — in favor ZBA Meeting Minutes —02/01/2022 Page 5 of 7 Phillip Shannon — in favor Eric Correira— in favor Elisabeth Garber -Miller — in favor Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES Motion: To nominated Ms. Garber -Miller for Chair of the Board (Shannon -Cummings) Ms. Garber Miller accepted the nomination. Roll Call Vote Darlene Pruitt — in favor Matthew Cummings — in favor Phillip Shannon — in favor Eric Correira — in favor Matthew List — in favor Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES Motion: To nominated Ms. Pruitt for Clerk of the Board (Cummings -Shannon) Ms. Pruitt accepted the nomination. Roll Call Vote Matthew Cummings — in favor Phillip Shannon — in favor Eric Correira — in favor Matthew List — in favor Elisabeth Garber -Miller — in favor Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES Minutes November 9, 2021 Motion: To accept the November 9, 2021 minutes as presented (Pruitt -Shannon) Roll Call Vote Darlene Pruitt — in favor Matthew Cummings — in favor Phillip Shannon — in favor Eric Correira — in favor Matthew List — in favor Elisabeth Garber -Miller — in favor Six (6) in favor, Zero (0) opposed, Zero (0) abstained PASSES ZBA Meeting Minutes —02/01/2022 Page 6 of 7 Next Zoning Board of Appeals Meetings: March 15, at 7:30 p.m. Motion: To adjourn at 9:23 p.m. (Pruitt -Cummings) Roll Call Vote Darlene Pruitt — in favor Matthew Cummings — in favor Phillip Shannon — in favor Eric Correira — in favor Matthew List — in favor Elisabeth Garber -Miller — in favor Six (6) in favor, Zero (0) opposed, Zero (0) abstained PASSES S4gnat4e of irk Date of A pro val ZBA Meeting Minutes -02/01/2022 Page 7 of 7