Loading...
HomeMy WebLinkAboutZBA 07/15/2025Town of Mansfield Zoning Board of Appeals 'Fl-ICE 20Dy1k6rW4 AllQs38 July 15, 2025 Meeting Held in Person in Meetink Room 3A/B and Virtually Using GoToWebinar Plar form Zf15 10 20 A 8�* 38 Present: Matthew List, Clerk; Eric Correira; John McGarry, Associate Member; Joseph O'Malley, Associate Member Absent: Darlene Pruitt, Chair; Edward Valanzola Sarah Raposa, Director of Planning and Development Sharon Varriehiorme, Administrative Secretary (filling in for Priscilla McGill) Eric Correira made a motion to appoint Matthew List as Acting Chair. Seconded by Joseph O'Malley. The Vote: 4-0-0 Matthew List made a motion to appoint Eric Correira as Acting Clerk. Seconded by John McGarry. The Vote: 4-0-0 Matthew List, Acting Chair, read the introductory recording information notice into the record. The Acting Chair appointed John McGarry and Joseph O'Malley to serve as voting members for this hearing. Public hearing regarding the application of Aaron and Kara Gallagher for a Finding from Section 230-4.2(A) for a side yard setback of 8.6 feet where 25 feet is required. The Property is owned by Aaron and Kara Gallagher and located at 9 Harding Lane; Assessor's Map/Parcel 036/028 in the Residential 1 (RI) Zone. Mr. Gallagher described the proposed conversion of one bay of an existing detached garage (approved in 2007) into an Accessory Dwelling Unit (ADU) for his mother. No expansion of the structure is proposed, only minor fagade changes for an entry door and window. Acting Chair List noted that the proposal arises amid a transitional zoning period as the Town's new ADU bylaw (Article 15) is still under review by the Attorney General. The applicant's contractor was advised by the Building Inspector to seek a Finding due to the nonconforming setback. ZBA Meeting Minutes 6/17/25 Page 1 of 3 Public Comments: • George Dainis (527 Fruit Street): Opposed the application, citing prior issues with the property and risks of renewed unauthorized commercial use. He raised concerns based on past misuse of the garage structure by a former owner for unpermitted business uses. He noted that there is already an ADU on this property, and as such, this ADU would need a special permit from the Planning Board. Ms. Raposa explained the distinction between the current by -right building permit process for creating such in-law spaces (and how different departments may code them differently, causing additional confusion) and new ADUs under state and local law. She asked the Board if they wished to continue the hearing to review the record. Board reflected on the past uses and also noted the proposal does not create new nonconformance and that the existing structure already meets the dimensional constraints for an accessory building. • Ron Porat (5 Harding Lane): Supported the application. Motion to close the public hearing by John McGarry Seconded by Joseph O'Malley Vote: (Aye) 4 (Nay) _ (Abstain)_ - PASSED Motion: I move that the Zoning Board of Appeals fords that the proposed alteration of the preexisting nonconforming side yard setback is not substantially more detrimental to the neighborhood than the existing nonconforming residential structure, and that such alteration, as presented, does not create a new noncompliance with any other requirement of the Town of Mansfield Zoning Bylaw for the property owned by Aaron and Kara Gallagher and located at 9 Harding Lane. By Joseph O'Malley Seconded by John McGarry After the motion to approve, Acting Chair Matthew List provided a detailed explanation of his reasoning; he acknowledged the complexity of the case due to the transitional status of Mansfield's zoning bylaw regarding Accessory Dwelling Units (ADUs). He explained that under current zoning, accessory buildings can be constructed as close as 5 feet from the property line, provided they are 10 feet from the principal structure. However, there is currently no effective local bylaw defining ADUs, as the one passed in January 2025 is still under review by the Attorney General. He described a potential loophole: a property owner could build an accessory structure within the required dimensional setbacks (by right) and later convert it to an ADU, bypassing the stricter setback standards that might soon be adopted. Despite concerns about past property misuse, Mr. List stated that the current application does not introduce new issues and that a new, separate structure could have been constructed by right and may have created greater impacts. He concluded that the proposal met the legal threshold for a Finding and was not substantially more detrimental to the neighborhood. Mr. O'Malley agreed with Mr. List's assessment and emphasized that the property's history was influencing the board's deliberation more heavily than it might for a typical application. He reiterated that the Board must evaluate the proposal as submitted, not hypothetical future uses or past problems. He expressed support for the motion, stating that while the history complicates things, the proposal itself does not raise new zoning concerns. Mr. McGarry echoed the sentiment that the situation is complicated by the property's reputation and legacy, but clarified that those issues should not dictate the decision. He acknowledged the applicant's good intentions and the limited scope of the project, which uses an existing building ZBA Meeting Minutes 7/15/25 Page 2 of 3 rather than introducing new structures. McGarry agreed that the proposal satisfied the standard for a Finding and was not more detrimental than the existing nonconformity. Vote: (Aye) 4 (Nay) _ (Abstain)_ -PASSED The Board agreed to continue the hearing and potential vote on the updated ZBA Rules and Regulations to the August 19, 2025, meeting to allow absent members to participate. Motion: To continue the Rules and Regulations discussion to August 19, 2025 at 7:00 p.m. By Joseph O'Malley Seconded by John McGarry Vote: (Aye) 4 (Nay) _ (Abstain)_ - PASSED Motion: To approve the minutes of June 17, 2025 By Eric Correira Seconded by John McGarry Vote: (Aye) 4 (Nay) _ (Abstain)_ -PASSED Sarah Raposa informed the Board that the August 19, 2025 meeting will include the opening (but not hearing) of an appeal of the Building Inspector's decision regarding 19 Knight Way and a memo from Town Counsel has been provided. New board members were encouraged to meet individually with Planning staff in advance to understand the complex history of the site and litigation. Ms. Raposa didn't want to say too much without it being on the agenda but she did say that the multiple court cases involving the property have been consolidated and there is a hearing regarding a potential bond. Motion: To adjourn at 7:43 pm. By Joseph O'Malley Seconded by John McGarry Vote: (Aye) 4 (Nay) _ (Abstain)_ - PASSED The next Zoning Board of Appeals Meeting will be on August 19, 2025 at 7: 00 p.rn. atthew List, Clerk Documents Submitted for the Meeting 9 Harding Lane Application Matthew List Email Dated 07/15/25 of Date of Approval ZBA Application Update with Rules and Regulations Document Minutes from 06/15/25 ZBA Meeting ZBA Meeting Minutes 7/15/25 Page 3 of 3