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HomeMy WebLinkAboutZBA_120412MANSFIELD ZONING BOARD OF APPEALS MINUTES DECEMBER 4. 2012 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: Jack Vultaggio, Chairman; Elisabeth Garber - Miller, Clerk; David Luca; Kevin Mackie; Philip Shannon; Associate Member James Rathbun; Associate Member John McKenna. 1. Meeting opened at 7:30 pm. 2. Kanaan Realty Group, Inc., 157 Pratt Street, Map 25, Parcel 24. The application is for a Special Permit under Section 3.10.4A of the Zoning By -law for a change, extension or alteration of a pre- existing, non - conforming structure or use in the Residential 2 (112) Zone. The following documents were submitted: Application for a Variance, filed with the Town Clerk's Office on October 2, 2012; copy of the public hearing notice; "Zoning Plan 157 Pratt Street, dated September 25, 2012, stamped by Michael A. Trowbridge, Hutchins Trowbridge Associates, Inc., 200 Chauncy Street, Mansfield, MA. Michael Trowbridge of Hutchins Trowbridge Associates, Inc. and Michael Kanan of Kanaan Realty Group, Inc. were present. There was no letter from the Planning Board. Mr. Trowbridge told the board the proposal is for the addition of a 512- square foot garage bay behind the existing auto repair garage and gas station at 157 Pratt Street, which is within a residential zone and neighborhood. The building was constructed in 1946 and has been used as a gas station since 1950. Mr. Trowbridge explained if this were a B3 Zone, the most restrictive as far as this type of use, the floor to ratio would be .25; with the addition, the building would still be half what a B3 Zone would allow. The closest house, 265 Hope Street, is approximately 100 feet from the proposed addition, and there is an existing fence separating the two properties. The homeowner, Ms. Paula Stowell, said the applicant has been a wonderful neighbor and she supports the project. Mr. Trowbridge said the proposed expansion is minimal in nature and because the area is already paved, there will be no additional disturbance to the site. The addition is placed so that the existing underground fuel tanks will not have to be moved. Mr. Trowbridge said there was a previous filing for a variance to rebuild and expand the floor space for retail within the building; the variance was denied. He said there is a very small sales area and no plans to increase the retail area or turn the premises into a mini -mart or 24 -hour service station. 1 Mr. Mackie asked about the storage shed that will be removed to build the bay; are there any plans to re- locate the shed? Mr. Kanan said the shed will be removed and not replaced. Mr. Vultaggio said this is a non - conforming structure and use and is inconsistent with the current zoning regulations. He said the owner should be aware the business is in a residential area and future expansion would be difficult. Mr. Trowbridge said the owner has worked cooperatively with the neighborhood since he established the business and he keeps the premises clean and neat. He said the owner is willing to accept reasonable hours of operation to avoid any disturbance in the neighborhood. Hearing ended at 7:40 pm. Mr. Mackie made the motion to grant the Special Permit under Section 3.10.4A of the Zoning By -law to allow the change, extension and /or alteration of the pre- existing non - conforming structure and use at 157 Pratt Street in the Residential 2 (112) Zone, as per the plan dated September 25, 2012. David Luca seconded the motion. Discussion: Mr. Mackie said the proposal is an extension to the existing business, the applicant is not changing the nature of the business and the direct abutter, Ms. Stowell, fully supports the project. Mr. Vultaggio said there have been no other comments or concerns from the town or neighbors. Ms. Garber - Miller said it is the same basic business adhering to the same business hours and granting the Special Permit will allow the business to increase capacity and thrive. Mr. Luca said this is an update to an old building and a good compromise, allowing Mr. Kanan to expand without having to change the nature of the business. This will allow him to compete with other businesses offering the same services. Motion passed 5 -0 -0. 3. Thomas R. Connor c/o Estate of Roy E. Connor, Jr., 26 Aspen Street, Assessor's Map 34, Parcels 89 and 425. The application is for a Variance from Section 1.5.7a, Lot Width and 4.2.1, Lot Frontage and Area of the Zoning By -Law for the construction of a single family home on a lot with less than the required lot width, frontage and area at 26 Aspen Street (Assessor's Map 34, Parcels 89 and 425) in the Residential 2 (132) Zone. The following documents were submitted: Application for a Variance, filed with the Town Clerk's Office on October 26, 2012; copy of the public hearing notice; "Proposed Lot Division at No. 83 Marshall N Avenue in Mansfield, MA ", dated October 16, 2012, stamped by Craig E. Cygawnoski, RIM Engineering Co., Inc., 150 North Main Street, Mansfield, MA Thomas R. Connor, the applicant, and Ralph Maloon, RIM Engineering Co., Inc., were present. There was no letter from the Planning Board. Mr. Connor told the board the existing house and barn were built in 1908 and his father purchased the property in 1966. Mr. Connor said his late father's estate would like to divide the lot to make two single - family lots, Lot 1 with 20,308 square feet and Lot 2 with 17,619 square feet, with both lots having access to town sewer. If the variance is granted, the existing buildings would be razed. Mr. Connor said the original plan was to sell the property, but after several months on the market and input from contractors and architects, it was determined that restoring the fieldstone home and barn would cost between $200,000- $300,000, more than prospective buyers would be able to finance. He said the value of the home is possibly less than half the town's assessment of $360,000.00. On Lot 1, Mr. Connor is requesting relief from the 150 -foot lot width and 22,500 square foot lot size on sewer required. He would like to create a single - family house lot with 124.47 feet of lot width and 20,308 square feet of area. Lot 1 does meet the R2 zoning frontage requirement of 150 feet. On Lot 2, Mr. Connor is requesting relief from the 150 -foot lot width, 150 -foot frontage and 22,500 square foot lot size requirements for a single - family house lot. The plan shows 124.47 feet of lot width, 129.47 feet of frontage and 17,619 feet of area. The existing house lot at 83 Marshall Avenue, shown as Lot 3 on the October 16, 2012 plan, would retain adequate frontage and area, but would only have 132.65 feet of lot width, where a minimum of 150 feet is required. Lots 2 and 3 on the October 16, 2012 plan were shown as Lots 1 and 2 on an ANR plan prepared by RIM Engineering Co., Inc., dated April 12, 2006. The 2006 plan was approved by the Mansfield Planning Board on December 2, 2009. A variance was granted for less than the required width and depth for Lots 1 and 2 based on the 2006 plan. Mr. Connor said the proposed Lots 1 and 2, are consistent in size and frontage with most of the lots in the Woodland Park sub - division. Mr. Connor said the hardship is based on the irregular shape of the lots and the decreased value of the existing home. Mr. Mackie said Mr. Connor is asking for a variance to sub - divide a house lot into two non - conforming lots, with both lots under the required 22,500 square feet. Mr. Mackie said the house and lot are actually appraised at $260,000. He said Mr. Connor can't sell the property because he has over - priced the house and lot. Mr. Mackie said this is not a hardship. Mr. Vultaggio said a variance could be granted because of the shape of the lot but a hardship would not be considered based on the property value. 3 Mr. Connor told the board he had spoken with Shaun Burke about the property. Mr. Burke said the property is zoned for two homes on one lot. Ms. Garber - Miller asked Mr. Connor if he had any documents concerning the zoning of the existing lot. Mr. Connor said he only had a 1948 deed. Mr. Vultaggio said the land may have been used as two homes on one lot historically but the board has to base their decision on current regulations. Thomas Nellis of 198 South Main Street said the existing house is within five feet of his property line. He asked if the new structures would have to comply with the current zoning regulations. Ms. Garber - Miller said if the variance is granted, both existing structures would be razed and two new lots created that would have to comply with the appropriate envelope of side and rear yard setbacks. Mr. Connor explained his father's wish was that the house be restored. He is asking for a variance because he could not sell the property. Hearing ended at 8:03 pm. Mr. Mackie made the motion to approve the variance as shown on the plan dated October 16, 2012 to separate the parcel of land at 26 Aspen Street, Map 34, Parcels 89 and 425 in the Residential (112) zone, into two lots, with less than the required lot width and area for Lot 1 and less than the required frontage, lot width and area for Lot 2. Mr. Rathbun seconded the motion. Discussion: Mr. Mackie said this is a case where the owner of the property is trying to maximize the profit of the lot. The existing lot is a buildable lot and would accommodate a decent -size house. He said the existing house and barn should be razed and the property sold as one lot. Mr. Luca said if the board grants the variance, an acceptable lot would be divided into two non- conforming lots; it is a stand -alone lot. The lot is not an overly big, rectangular shaped lot and a single family house would be consistent with the neighborhood. He said there is no reason to divide the existing lot except for financial gain. Ms. Garber - Miller said a variance was granted in 2009 to divide the property into two house lots. Mr. Vultaggio said the board would probably not have granted the variance in 2009 if the applicant had requested the property be divided into three house lots. Motion failed 0 -5 -0. 4. New and Old Business The board received a letter from CHAPA regarding the 40B development at Cedar Heights. To comply with the regulatory agreement of July 22, 2005, the owners are to submit audited statements of income and expenses, changes in members' equity and cash flows for the most recent calendar year. H In the November 20, 2012 letter, CHAPA requested the cost certification audit from the owner on February 27, 2012, giving them a 90 day deadline to submit the audit. A second request was sent June 11, 2012. CHAPA still has not received the audit for calendar year 2011. Letters were also sent to the owner March 15, 2011, February 27, 2012 and June 11, 2012, requesting the annual audit for calendar year 2010. Before the board starts any enforcement action, Ms. Garber - Miller asked that Nicholas Riccio, the Zoning Enforcement Officer, send a letter informing the owner that if he has not submitted for review the audited statements for calendar year 2010 and 2011 by December 31, 2012, the board will authorize Mr. Riccio to take action to bring the owner into compliance. Ms. Garber - Miller made the motion to start proceedings to obtain the certified audit and financial information required under the July 22, 2005 permit; the information must be received by December 31, 2012. Mr. Rathbun seconded the motion. Motion passed 5 -0 -0. Mr. Rathbun made the motion to approve the minutes of October 15, 2012 as written. Mr. Shannon seconded the motion. Passed 5 -0 -0. 5. Adjournment Motion to adjourn at 8:10 pm: Luca /Garber - Miller. Passed Next meeting will be January 15, 2013. Elisabeth Garber - Miller, Clerk Date 5