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HomeMy WebLinkAboutZBA 09/17/2024o Town of Mansfiel - Zoning Boas cl of ells $Aota� F Cr t`J ED Meeting Minutes September 17, 2024 1`'.` `' P t ' Meeting Held in Person in Mewing Room 3A/B and Virtually Using GoToWebinar Platform Present: Darlene Pruitt, Chair; Eric Correira; Matthew List; Ryan Maxwell; Edward Valanzola, Associate; Sarah Raposa, Director of Plamring and Development Paula Perry, Administrative Assistant Priscilla McGill, Administrative Secretary (Remotely) Absent: Matthew Cummings, Clerk Darlene Pruitt, Chair, read the introductory recording information notice into the record. Ms. Pruitt appointed Eric Correira as Acting Clerk and Edward Valanzola as Voting Board Member. Darlene Pruitt, Chair, read the public notice into the record. Regarding the application of Mike Nobil for a Variance from Zoning Bylaw Section 230-4.2 for a proposed new lot with insufficient lot width. The Property is owned by Mike Nobil and located at 82 East Street; Assessor's Map/Parcel 027/214 in the Residential 3 (R3) Zone. Craig Cygawnoski from RIM Engineering and the Applicant/Owner Mike Nobil were in attendance. Mr. Cygawnoski distributed plans and dimensional calculation sheets to the Board and stated that the house at 82 East Street was built in 1900 and contains over 35,000 sf in the R3 Zone. Mr. Nobil has owned the property for 3 years and would like to divide the lot into two conforming lots. The existing home is a two-family, as is the proposed build. The requirement is 7,500 sf per unit, or 15,000 sf for each lot. The existing duplex is 15,030 and the proposed lot would be 20,502. Both lots meet the frontage requirements, with 93 and 84 feet respectively, but the required lot width is not met for Lot 2. There was a brook in the back which was at an angle and did not allow for the 80-foot requirement. The brook was put underground in the 1950s or 1960s. Mr. Cygawnoski said they are looking for relief from the odd -shaped lot created by the brook. ZBA Meeting Minutes 9/17/24 Page 1 of 5 Ryan Maxwell asked if they could fit a second 80 by 80 house box if the original house did not exist. Mr. Cygawnoski confirmed that they could. It was confirmed that the one driveway would provide access to both homes, and an easement would be required. Mr. Valanzola asked if Mr. Cygawnoski could talk about the hardship. Mr. Cygawnoski repeated that the hardship was the odd shape of the lot created by the natural feature of the existing brook. Mr. Cygawnoski said the majority of the lots in this neighborhood are rectangular, not triangular, so that provides the hardship. Mr. Cygawnoski stated that the frontage for the neighboring homes is mostly in the 80-foot range but one is 70 feet, and another is 65. Mr. Nobil said that the same tenants would remain in the existing home and that he plans to live in the new building. Mr. Nobil said that he consulted with Mansfield Building, and was told that he couldn't go any bigger than a duplex in an R3 lot. Ms. Pruitt opened the meeting up to the public. Public Speakers: Mr. Paul Goldenberg of 5 Branch Street. Mr. Goldenberg objected to the project and believed that Mr. Nobil bought a single lot and was trying to subdivide it to make a profit. Ms. Deborah Bartolotti of 15 Linden Street Ms. Bartolotti is a direct abutter and she and her husband oppose the application. She said that the hardship is self-created by attempting to subdivide the property. Hardships should be inherent to the property, not created by the owner. She worries about a precedent whereby property owners would create hardships to circumvent zoning regulations. Linda Pearson of 102 East Street Ms. Pearson is not an abutter but wanted some guidance regarding where the new house would be built. Mr. Nobil showed her the location on the plan and confirmed that it would be a two- family home. Ms. Pearson asked about the new statute for in-law apartments on single-family zoned parcels. Ms. Raposa explained that this new statute is not yet in effect and does not apply to duplexes, triplexes, or any multi -family units. Ms. Pearson said that the neighborhood is very compact. She would not be opposed to a single-family unit but is opposed to a multi -family unit. Deborah Hood of 9 Linden Street Ms. Hood said that her husband Michael was also in the audience. They are direct abutters, and are concerned about creating 4 housing units and that one of the buildings would be landlocked. She is concerned about headlights from potentially 8 cars coming into their window. She spoke with Mr. Nobil before the meeting, Ms. Hood stated that while Mr. Nobil was very nice, lie told her he would not be moving into the new building. She let the Board know that her neighbor at 22 Linden Street attempted to subdivide and was denied and she is worried about precedent. Mr. Nobil asked to clarify that he never said to Ms. Hood that he would not be living in the new dwelling, but that he currently lives in Foxboro. He does intend to move in if the variance is ZBA Meeting Minutes 9/17/2024 Page 2 of 5 granted. He said that in his conversation with Ms. Hood, they discussed that in Massachusetts, landlords have little control over choosing their tenants. Meghan Labelle of 9 Branch Street Ms. Labelle was concerned about precedent. density to remain at the same level. She is pregnant and wants the neighborhood Joel Emard (Remote) 105 East Street Mr. Emard is also opposed to the application and is convinced that Mr. Nobil has no intention of moving into the new unit. Mr. List asked if a subdivision was possible. Mr. Cygawnoski said that this was not possible. Mr. Maxwell asked if he had discussed a lot line adjustment with the neighbor to the east. Mr. Nobil said he has not, but would possibly consider it depending on the outcome of this process. Mr. Maxwell pointed out that if the original house was removed, they could fit two building boxes on the lot. Mr. Maxwell said that the only reason they are in front of the board is to save the existing building. Mr. Valanzola said there is no need to withdraw the application and that the applicant can come back without waiting if they are denied. They would need to go to the Planning Board if there is a new plan which includes tearing down the original home. Mr. Maxwell said he would like to see a "Proof Plan", and Mr. Valanzola said that they can complete a Form A plan if they want to tear down the existing building. He doesn't believe adding a new home would work unless the original house is torn down. Mr. Maxwell said it is a huge lot, but they do not have the lot width. Mr. Correira brought up the land swap idea with the neighbor to even out the lot line, and lvh•. Cygawnoski agreed that this would work. Mr. Valanzola said what they are looking for is de minimus (sort of), and looking for 1 foot on one lot, and 25 on the other. However, he had an issue with asking for a duplex instead of a single-family home. This would create congestion. Mr. Valanzola said that the hardship is created by the lot division, and is not inherent to the existing lot. Mr. Nobil asked for some guidance on how to proceed. Ms. Raposa said that if 4 of 5 don't vote to approve, it is not approved. Mr. List said that if it were denied, the application couldn't come back for two years. Mr. Valanzola explained that a continuance would require removing the existing hone, and then the applicant could build the homes by right. Mr. Nobil requested a vote. Mr. Correira made a motion to close the public hearing. Mr. Valanzola seconded the motion. The Vote: 5-0, and a brief discussion ensued. Ms. Pruitt said that by creating the second lot, they are creating hardship. Mr. Correira said that lie does not see a hardship. Mr. Valanzola said that what is unreasonable about this request is one ZBA Meeting Minutes 9/17/2024 Page 3 of 5 driveway for two two-family homes. The division of the lot creates hardship. Mr. List asked if a cluster development would fit in the lot. Ms. Raposa said that the minimum tract size for that is 75,000 sf. Motion: Motion to Grant the Variance because Lot 1 requires one foot, and Lot 2 requires 25 feet, otherwise there is Rill conformity for other dimensional requirements. By Edward Valanzola Seconded by Matthew List Ms. Pruitt called for a vote on granting the Variance. Ryan Maxwell is in favor. Darlene Pruitt, Matt List, Eric Correira, and Edward Valanzola voted no. The Vote: 1-4; Application failed. Vote: (Aye) I (Nay) 4 (Abstain) FAILED Ms. Raposa presented the draft Rules and Regulations. She wants to update the Board's ZBA application. Ms. Raposa also would like to increase the application fee from $150 to at least $200 or $250. She also proposes charging the applicant for the two rounds of abutter letters required, perhaps a "per abutter charge". Ms. Raposa would also like to review the document in its entirety so that new staff people can connect the practice with the statute. It should be a dynamic document that can change if necessary. There was some discussion about the application process, including the physical form, who sees it, and who heats the cases. This included the link between the Zoning Board and the Planning Board. Mr. Valanzola thinks the Planning Board may need to attend the ZBA meetings to address the applicants directly. Mr. Valanzola said that the applicants need to cite the hardship on a Variance application so that it is clear. Ms. Pruitt inquired about site visits. It was agreed that the Board members all go by the property in question before the meeting, but should not interact with residents to avoid bias and potential recusal. Ms. Pruitt clarified that she was talking about safety, and Ms. Raposa said they could speak offline about that. There was some conversation about Annual Reports and what the ZBA's responsibility is concerning that. Ms. Raposa asked the board to consider whether they want to delay the February and April meetings due to school vacation week. Ms. Raposa said further review of the Rules & Regulations Document will take place over the next few meetings. ZBA Meeting Minutes 9/17/2024 Page 4 of 5 Motion: To approve the minutes of July 16, 2024 By Matthew List Seconded by Ran Maxwell Vote: (Aye) 4 (Nay) (Abstain)_I PASSED Motion: To adjourn at 8:45 p.m. By Ryan Maxwell Seconded by Matthew List Vote: (Aye) 5 (Nay) (Abstain) PASSED The next Zoning Board ofAppecds Meeting will be October 15, 2024, at 7:30 p.ni. Matthew°eu mrings; Qerlr Date of Approval rv'6 6rretr� i /iJiIV-) C(P.✓� Documents Submitted for the Meeting Meeting Notice/Agenda/Legal Ad for 82 East St Application for 82 East Street, Rcvd 8/16/24 Meeting Minutes DRAFT of July 17, 2024 Sarah Raposa, Director of Planning and Development memo dated 8/29/2024 ZBA App Update with Rules and Regulations Document 8/20/24 ZBA Meeting Minutes 9/17/2024 Page 5 of 5