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HomeMy WebLinkAboutZBA_091812MANSFIELD ZONING BOARD OF APPEALS SEPTEMBER 18, 2012 MINUTES t _1 The Zoning Board of Appeals held its regular meeting in the Town Hall, M2gsfie {d;; MA at 7}3Oprm iresent at the hearing were the following members: Jack Vultaggio, Chairman; El(sabe�i`f;arber- Miller, Clerk; Kevin Mackie; David Luca; Philip Shannon; Associate Member John McKenna. 1. Meeting opened at 7:30 pro. 2. William Clemmey, 39 Fowler Street, Map 20, Parcel 69 & 70. The application is for a Variance from Section 1.5.7a, Lot Width, Lot Area, Lot Frontage and Corner Lot Front Setback provisions of Section 4.2.1, of the Zoning By -law for the construction of a single - family home at the corner of Fowler and Henry Streets in the Residential 2 (112) Zone. The following documents were submitted: Application for Variance, filed with the Town Clerk's Office on June 22, 2012; Copy of the public hearing notice; "Proposed House Location Plan on Map 20, Parcels 69 & 70 Fowler Street in Mansfield, MA, dated February 4, 2009, revised April 6, 2009, and September 20, 2012 signed and stamped by Craig E. Cygawnoski, P.L.S, RiM Engineering Co., inc., 150 North Main Street, Mansfield, MA 02048; July 18, 2012 request to continue the public hearing to September 18, 2012, signed by the applicant; September 13, 2012 letter from the Planning Board; September 13, 2012 e-mail from Mr. William Clemmey. Planning Board letter, dated September 13, 2012: On September 12, 2012, the Planning Board, with four (4) members present, voted unanimously to send the following observations that arose during the board's discussion: this vacant lot in an otherwise built -out neighborhood may benefit from development; however, the lot does not meet any of the statutory tests for the grant of a variance; consensus was that while the construction of a house on this small vacant lot may add value to the area, the board does not believe the Bat, rectangular shaped lot meets the statutory requirements for the grant of a variance. Mr. William Clemmey, the applicant, and Mr. Karl Clemmey were present. Mr. William Clemmey is asking for relief to construct a 36'x24 foot single family house at the corner of Fowler and Henry Streets where 150 feet is required for lot width and frontage, and 22,500 square feet of area is required. The plan shows 50 feet of frontage and lot width and 5, 000 square feet of area. Because this is a corner lot, 30 -foot front yard setbacks are required on both the Fowler Street and Henry Street sides. The plan shows 10.8 feet on the Henry Street side. Mr. William Clemmey said if the variance is granted, the house will not be detrimental to the neighborhood. Mr. William Clemmey explained the land has been in his family since 1987 and he has owned the land for three years. He said according to the deed, the lot was a stand - alone, buildable lot since 1906, which was before the adoption of the Zoning By -Law. The previous owner made the lot contiguous with their house lot but when the lots were separated, it was no longer a buildable lot due to a technicality on the deed. He said the lot already has an existing sewer connection in place, which must have been put in with the expectation of a house being built. The lot was given a building permit in 1987. Mr. William Clemmey said this is a small house on a small lot, similar to the houses and lots in the neighborhood as well as many other houses on similar lots in R2 zones. He said these houses do not meet the size, width and frontage requirements because they were built before the current zoning requirements. Mr. William Clemmey said the setback to Henry Street is 10.8 feet to the property line and there is an additional nine feet of town -owned property between the lot line and the road, which would give the property 20 feet of setback from the road. Mr. William Clemmey said many houses in this area and throughout the town have less than a 20 feet setback from the street. A driveway will be located on the west side of the property to eliminate traffic concerns. He said there is a fence at the back of the property and said he will expand the fence around the sides of the property for privacy and safety. He will also add hedges in this area. An e -mail dated September 12, 2012 from Mr. William Clemmey was sent to the board asking that they do a site visit to 269 West Street, at the corner of West and Alden Streets. He said his house and lot is essentially the same size as the proposed house and lot and has similar setbacks Mr. Shannon said he voted to against the variance request in 2009. He said he compared the property on Fowler Street to the Alden Street property mentioned in the applicant's e-mail dated September 12, 2012 and the Alden Street property is larger. He also said according to the Town Assessor's Office, the Fowler Street property is 4,500 square feet. Mr. William Clemmey said the Alden Street property is 6,000 square feet and narrow, and the deed states the Fowler Street property is 5,000 square feet. Mr. Vultaggio said there have been no changes to the plan since the 2009 variance request. He asked for the front yard setback measurement including the two front porch steps. He said the plan must show the true measurements. Mr. William Clemmey said it is 30 feet from the steps to the property line. He said he is not asking for a variance for the front yard setback and said he would build the steps into the porch and maintain the 32 feet as shown on the plan. Kerry Smith of 18 Henry Sheet said she has lived in the neighborhood for 13 years and requested the application for the Fowler Street variances be denied. She said the house would not have any land around it and a house built on that size lot would have a negative effect on the adjoining premises and the character of the neighborhood. She said she would rather look at the mounds of dirt on the lot instead of a house. She feels there are too many variances requested for this property and would prefer more green space than a house on this lot. Ms. Garber - Miller said when the neighborhood was created, this was a buildable lot. Mr. Vultaggio said this empty lot is an eyesore and said it is set up to be a buildable lot. He said if the request for the variances is denied, the neighbors might ask the applicant if he would donate the lot for green space. James Hooper of 73 Campbell Street said the application does not show a hardship and he does not see how the variance can be granted. Mr. William Clemmey said the hardship is that the property line does not end at the street, the zoning regulations have changed and a sewer pipe was put on this lot because at one time the town believed it was a buildable lot. Stacie Hooper of 73 Campbell Street said she was concerned about the corner lot and asked how this project does not substantially derogate from the intent and purpose of the by -law. She said while she sympathizes with the applicant because he owns an unbuildable lot, there are too many variances requested. She asked the board to consider the regulations and the meaning in which they were put in place. Mr. Vultaggio said the major issue is the lot size and, because it is a corner lot, requires front yard setbacks from all streets. He said the lot has enough side, rear and front yard setbacks for an R2 Zone. Ms. Hooper asked if the board were to grant the variance, could the footprint presented tonight be changed. Mr. Vultaggio said no. Ms, Hooper asked what has been done on the lot since 1987. Mr. William Clemmey said he used the lot as he was legally allowed. He said it is a dirt lot with trees because lie cannot improve the lot without variances. He said when he was denied, he had the lot professionally surveyed and Dirt up a fence to clarify the property boundaiy because there was an infringement on the lot. James O'Driscoll of 67 Fowler Street said it appears Mr. William Clemmey has requested five variances. Mr. Vultaggio said there are actually only two requests, for the side yard setback and lot size. Mr. O'Driscoll asked if other corner lots in the town have been granted variances. Mr. Vultaggio said corner lots are usually denied only if there are sight distance or traffic issues. Mr. Mackie said owners of corner lots are penalized for having extra frontage. Mr. O'Driscoll said there is legal recourse if this is approved. Mr. Vultaggio suggested he speak to an attorney. Mr. O'Driscoll said they have already started this process. 2 Mr. Karl Clemmey said he owns the lot directly across from this lot. He said this lot was granted a building permit and a variance a few years ago. He said the new house would be an asset to the neighborhood. Mr. William Clemmey said he has spoken to some neighbors who were in favor of the project and asked if the board had received any correspondence. No correspondence was received. Mr. William Clemmey said lie is asking to build a modest house with front and back yard space. He said all safety measures for the street will be in place and there will be plenty of sightlines on the corner. He said the house will be well built and maintained and a true asset to the community. Ms. Smith said she is concerned a new house, no matter what the price, will not sell in this economy and will sit empty. Mr. Vultaggio asked her if a vacant lot was better than a lot with a house on it. Judy Maxwell of 29 Henry Street said she would like to go on record that she opposes the variance. Kerri Brown of 58 Campbell Street said she does not have a problem with the project as long as it meets the guidelines Mr. William Clemmey said according to the Assessor's Office there are 31 houses in the town of Mansfield on lots with 5,000 square feet or less. Mr. Vultaggio asked how many are in this neighborhood. Mr. William Clemmey said he did not know. Hearing ended at 8:12 pm. Mr. Mackie made the motion to grant the Variance from Section 1.5.7a, Lot Width, Lot Area, Lot Frontage and Corner Lot Front Setback of Section 4.2.1 for the construction of a single- family house at the corner of Fowler and Henry Streets, contingent upon receiving a revised plan showing the front and rear stairs [revised plan dated September 20, 2012 received September 24, 2012]. Ms. Garber - Miller seconded the motion. Discussion: Mr. Mackie said the hardship here is that at one point it was a buildable lot, a building permit was issued and then the regulations changed. If the house had been built when the other lots were built, there would be no need for a variance. He said the density in this neighborhood is such that doing anything on the land would now require a variance. He said the proposed house would fit in with the character of the neighborhood and would not be detrimental to the neighborhood or the intent of the by -law. Mr. Luca said it would be better to have a house on the lot but said it is only similar to half the neighborhood; the house lots are small to the south but are larger to the north. He said the property was transferred well after the Zoning By -Law was adopted. He said the lot is Bat and rectangular, lie does not see a hardship and he does not see where the board has the authority to grant this variance. He said he does not see any other problem with this project other than the By -Law says you cannot build a house here as it stands today. Ms. Garber - Miller said she was in favor of the project when it came before the board in 2009. She said it fits into the neighborhood. She said there is a playground for the day care on one side of the property with Wendy's Restaurant in back of the day care. She said there are several nurlti- family homes with large parking areas in the neighborhood. She said this house is consistent with the area and does not see how it would be detrimental to the area. She said the applicant has done as much as possible to make this house fit into the neighborhood. She said this was clearly a buildable lot when the rest of the area was developed and it is not in the town's interest to have a vacant lot. Mr. McKenna said he agreed with Ms. Garber - Miller. He said most of the houses in this neighborhood are small and the new house would not negatively impact the neighborhood. Mr. Shannon said it would bring value to the neighborhood. Mr. Luca said when the zoning regulations were adopted, these small houses were already there; they fit the neighborhood but do not fit the by -law. Mr. Vultaggio said the hardship issue overly burdens the owner. He said it is a corner lot with 5,000 square feet and a house on this lot could meet the dimensional requirements. He asked what would happen if the board does not allow this variance; it is already a buildable lot and putting a house on the lot would not be more detrimental to the neighborhood. Motion passed 4 -1 -0 Hearing ended at 8:25 pm 3. Benjamin F. Cavallo and Keith Signoriello, 190 Chauncy Street, Map 21, Parcel 287, 289, 303, 304, 378. The application is for a Variance from Section 4.2.2, Front Yard setback; Section 4.3.6 B.1.a, Landscaped Buffer Strip; Section 4.3.6 B.1.b, Landscaped Buffer Strip; Section 4.3.9, Landscaping Adjacent to Buildings; Section 4.4.2, Off- Street Loading and Section 4.4.4.7, Loading Spaces, of the Zoning By -Law for the construction of a two -story office building at 190 Chauncy Street, (Map 21, Parcels 287, 289, 303, 304 and 378) in the Business 3 (133) and the Residential 3 (3) Zone. The following documents were submitted: Application for Variance, filed with the Town Clerk's Office on July 20, 2012; Copy of the public hearing notice; "Proposed Site Plan, Cavallo & Signoriello, Chauncy & Central Streets, Mansfield Massachusetts', dated July 20, 2012, signed and stamped by Douglas R. Annino, Registered Architect, 125 North Washington Street, North Attleboro, MA; "Existing Site Plan, Cavallo & Signoriello, Chauncy & Central Streets, Mansfield, Massachusetts, dated July 20, 2012, prepared by Annino incorporated (site plan based upon plan dated July 3, 2012, prepared by Hutchins - Trowbridge Associates, inc.); August 10, 2012 letter from William Wolf, P.O. Box 205, East Walpole, MA; August 14, 2012 request to continue the public hearing to September 18, 2012, signed by Benjamin Cavallo; Application for Variance, filed with the Town Clerk's Office on August 15, 2012; Copy of the public hearing notice; "Proposed Site Plan, Cavallo & Signoriello, Chauncy & Central Streets, Mansfield, Massachusetts ", dated July 20, 2012 and revised August 23, 2012, prepared by Annino Incorporated. A revised advertisement was published for a Variance from Section 4.2.2, Side Yard Setback, of the Zoning By- law for the Construction of a two -story office building at 190 Chauncy Sheet (Map 21, Parcels 287, 289, 303, 304 and 378) in the Business 3 (133) and the Residential 3 (3) Zone. This will be part of the public hearing that was opened on August 14, 2012 (advertised July 27, 2012 and August 3, 2012) and continued to September 18, 2012. There was no letter from the Planning Board. Richard Peterson, Annino Incorporated, and Keith Signoriello were present The existing commercial land is located at the intersection of Chauncy and Central Streets in the B3 zone. The rear of the parcel borders Bella Vista Avenue. The company has acquired the two residential lots next to the business and one residential lot split between residential and business zoning for a total of five lots. The owners propose to construct a two -story office building on the site. At the August 14, 2012 hearing Mr. Vultaggio suggested the applicant consider moving the building closer to Chauncy Street and eliminating the entrance and parking on the Chauncy Street side because of safety concerns. He said the handicapped parking spaces should be in the back of the building not in fronL Mr. Vultaggio said if the space between the existing building and the adjacent lots could be used as a landscaped buffer, more space would be available for the building and parking area. Mr. Peterson said the board's suggestions have been incorporated into the revised plan. He said the buffer between the three zones will be graded and seeded. He told the board there are some good sized trees in this area and he will look to see which ones are salvageable. The evergreen trees will be placed between the remaining trees. 11 Mn Peterson said the building has been moved back one foot off the boundary line and the building is 400 feet larger than was originally proposed. By moving the building, the distance of the setback on the Central Street side has been doubled. He said the parking in the front has been reconfigured; there now is more space to turn around in the front. The handicapped parking spaces have been moved to the side. Mr. Vultaggio asked if left -hand turns will be allowed from the front parking area onto Chauncy Street. Mr.Signorielli said yes. Mn Vultaggio said with the proposed landscaped buffer in this area, left -hand turns will be difficult, creating sight issues. Mn Vultaggio asked what variances are needed based on the revised plan. Mr. Peterson said the owner is requesting a variance from Section 4.2.2, Front Yard Setback, from Central Street and a variance from Section 4.3.9, Landscaping Adjacent to Buildings. Steven and Joan Conquest of 54 Bella Vista Avenue asked what would be done to separate the other residential properties from the business and parking lot. Mr. Peterson explained that whenever there is a boundary between a business and residential zone, there has to be a buffer. He said it could be a berm, a fence or trees, or a combination of the three. Mr. Conquest said the majority of the parking lot seems to be on Bella Vista Avenue and Central Street and said he was concerned about the increased traffic in this area. Ms. Garber - Miller said the board requested the front parking area be changed to avoid traffic exiting onto Chauncy Street. She told Mr. Conquest there are no plans to provide access on Bella Vista Avenue. Mr. Conquest said his primary concern was the lighting for the parking lots. Mr. Vultaggio said because the property abuts residential lots they would have to comply with all the lighting regulations. Mr. Signoriello said the office is only opened from 8:30 am to 5:00 pm and said they will do everything they can to be a good neighbor. He told Mr. and Mrs. Conquest if they had any other questions or concerns or would like to review the plans, to come to the office. Mr. Mackie told Mr. Peterson the plans need to show all the dimensions. Mr. Vultaggio said the applicant should consider right -hand turns only onto Chauncy Street. Hearing ended at 8:50 pm. Mr. Mackie made the motion to grant a Variance from Section 4.2.2, Front Yard Setback, from Central Street and from Section 4.3.9, Landscaping Adjacent to Buildings, contingent upon receiving revised plans with the setback dimensions and overall setback from the residential boundary. Mr. Luca seconded the motion. Discussion: Mn Mackie said this is an odd shaped lot. Ms. Garber - Miller said they did a great job merging the lots, there will be a nice buffer between the residential and business lots and the parking will be safer. Mr. Luca said they have addressed all the board's concerns from the last meeting. Mr. McKenna said he has concerns about exiting from the front parking onto Chauncy Street. Motion passed 5 -0 -0. 4. JAB Construction, 47 High Street, Map 21, Parcel 139. The application is for a Finding from Section 3.3.2, Two - Family Dwelling, of the Zoning By -Law for the conversion of a pre - existing, non- conforming, structure to a two - family residence at 47 High Street in the Residential 3 (R3) Zone. The following documents were submitted: Application for Finding, filed with the Town Clerk's Office on April 13, 2012; Copy of the public hearing notice; "Plan of Land in Mansfield, Mass. Owned by JAB Construction ", dated April 11, 2012, prepared by The Russell A. Wheatley Co., inc., Land Surveyors and Engineers; "Residential Renovation, JAB Construction, 47 High Street, Mansfield, MA 01048 ", dated March 12, 2012, prepared by Dennis Colwell Architect, Inc.; ANR "Plan of Land in Mansfield, MA ", dated June 1, 2011, prepared by RIM Engineering Co., Inc., signed by Mansfield Assistant Town Clerk on June 30, 2011; May 15, 2012 request to continue the public hearing to June 5, 2012 signed by the applicant; June 4, 2012 request to continue the public hearing to June 19, 2012 signed by the applicant; July 11, 2012 request to continue the public hearing to August 14, 2012 signed by the applicant; August 13, 2012 request to continue the public hearing to September 18, 2012 signed by the applicant. Kate Gover, the owner of the property, and Attorney Edward Valanzola were present. The hearing was opened in May 2012 and continued. Attorney Valanzola explained this lot was part of the St. John's Episcopal Church property on the corner of High Street and Rumford Avenue. An ANR Plan separating the two lots was signed in June 2011, making the church lot 9,420 square feet and the 47 High Street lot 8,737 square feet. He said Ms. Cover purchased the property one year ago from St. John's church. Attorney Valanzola said a building permit was issued in February 2012 to demo the interior of the building, and this work has been done. Ms. Gover also went before the Conservation Commission in April 2012 and received an Order of Conditions to allow for two driveways. Attorney Valanzola said the zoning issues were found when the building application to renovate the property was filed. He said the existing house will not be torn down. Attorney Valanzola explained the church used the existing house for classrooms, office space and storage and when they stopped using it, decided to sell the house. The building is now in a state of disrepair. Attorney Valanzola said Ms. Gover purchased the house and moved forward in good faith. He said the title was certified and there was title insurance. Attorney Valanzola told the board the variance is for dimensional relief from the area, front and rear setback requirements. The lot is 8,737 and 15,000 square feet is required. The existing house has an 8.5 foot rear yard setback and 17.5 foot front yard setback, where 30 feet area required. Attorney Valanzola said the existing side yard setbacks meet the R3 requirements. He said the footprint will remain the same. Attorney Valanzola said the request is not for a use variance, but for the lot coverage. Attorney Valanzola showed the board pictures of the interior and exterior of the building. He said the existing house had previously been used as a duplex with two separate side entrances as well as two electric meters. inside the building there is a demising wall to separate one tenant's unit from that of the other, an individual staircase for each unit and the house has been plumbed for two separate kitchens and baths. The property is overgrown with vegetation and the building is in disrepair. The interior will be restored to its original layout, the exterior will be renovated and the site re- landscaped. This will create two (2) entry level rental units. Mr. Valanzola said there are many two - family homes in this area so the house will be a good fit for the neighborhood. He said the hardship is the shape of the lot and the fact the applicant acquired title to the property in good faith. He said Ms. Gover might have recourse though the title insurance, but it would be a long process. Ms. Garber - Miller said when the church representatives first discussed the property issues with the board, there were concerns about how they would create a separate lot. She said the board and the church had a long discussion about the historical facts of the building. The chinch was constructed in 1890 and the house in 1950. The representatives said it was a two- family house that two sisters lived in and when they died the church started using the building for various purposes. Ms. Garber- Miller said the church knew there was an issue with dividing the property. She said the church abandoned the use of the property as a two- family house; it had not been used as a duplex for many years. Attorney Valanzola said this is not a pre - existing, non- conforming use because two- family buildings are allowed in an R3 Zone. He said if the church had not done anything to the property they could have used the house as a two- family house with the 15,000 square feet. If they had not divided the property and left it as one lot or divided the lot but created a smaller lot for the church, a variance would not have been necessary. Mr. Mackie asked if the owner of the property sells the house in the future, will the next buyer have a clear title. Mr. Vultaggio said the variance will fix that issue. He said this was one lot with a church and a house on it, but once the lot was divided, two non - conforming lots were created. Mr. Vultaggio said this should not be a Finding because it is a pre - existing, non - conforming lot, but should be a Variance because it is a request for dimensional relief. Ms. Garber - Miller and Mr. Vultaggio both agreed the creation of the new lot is the problem. Hearing ended at 9:25 pm. Mr. Luca made the motion to grant a Variance for the relief from Section 4.2.1 of the Zoning By -Law to allow for a two - family home with less than the required lot area, less than the required rear yard setback and less than the required front setbacks at 47 High Street as shown on the plan dated April 11, 2012, prepared by The Russell A. Wheatley Co., inc., based on the ANR Plan dated June 1, 2011, prepared by RIM Engineering Co., inc., signed by the Mansfield Assistant Town Clerk on June 30, 2012 and recorded at the Registry of Deeds in book 483, page 6 and that the existing house is no more detrimental to the neighborhood. Mr. Shannon seconded the motion. Discussion: Mr. Luca said if the variance request is not approved, the applicant will file an insurance claim and go to court and the house will still be there. By granting the variance, this will clear up a problem that was already there and not created by the owner. It is not anew building and it is the same footprint. Mr. Mackie said the footprint is not changing. Motion passed 5 -0 -0 S. Old Business: Ms. Garber - Miller made the motion to approve the August 14, 2012 minutes with the changes. Mr. Shannon seconded the motion. Motion passed 5 -0 -0. The board signed the 62 York Road (Variance), 56 Branch Street (Finding) and 175 Gilbert Street (Variance) decisions. 6. Adjournment Motion to adjourn at 9:40 pm (Luca /Mackie). Motion passed. Next meetin will be October 16, 2012 at 7:30 pm. l Elisabeth Garber- Miller, Clerk Date 9 ` S'