HomeMy WebLinkAboutZBA_031913MANSFIELD ZONING BOARD OF APPEALS
MINUTES
MARCH 19. 2013
The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:15 pm. Present at the
hearing were the following members: Kevin Mackie, Chairman; Elisabeth Garber - Miller, Clerk; David Luca; Philip
Shannon; James Rathbun; Associate Member John McKenna.
1. Meeting opened at 7:30 pm.
2. Frederick E. & Joan E. Giovino, 472 -480 Chauncy Street, Map 8, Parcel 42.
The application is for a Variance from Section 4.2.1, Density & Dimensional Regulations: Lot Frontage and 1.5.17a
Lot Width of the Zoning By -law for the creation of two lots with less than the required frontage and depth at 472-
480 Chauncy Street (Assessor's Map 8, Parcel 42) in the Planned Business District (PBD).
The following documents were submitted: Application for a Variance; a copy of the public hearing notice; March
14, 2013 letter from the Planning Board; "Plan of Land in Mansfield, MA ", dated February 14, 2013, RIM
Engineering Co., Inc., 150 North Main Street, Mansfield, MA.
Ms. Garber -Miler read into the record the March 14, 2013 Planning Board letter: On March 13, 2013, the Planning
Board, with five (5) members present, and following discussion, voted unanimously to send a positive
recommendation. Granting relief will bring the property more into compliance with the Zoning By -law because
each house would be on a separate, regularly- shaped lot.
Attorney Edward Valanzola was present.
Attorney Valanzola said the parcel of land, consisting of 2.5 acres, is off Route 106 in the Planned Business District
(PBD), and is an odd, triangular- shaped lot. Currently, there are two single - family homes that were built 100 years
ago, pre- dating zoning laws.
Attorney Valanzola explained the applicants want to divide the property, which would actually bring the property
more into compliance with the zoning by -laws, since each house would be located on a separate lot. Because
there are currently two houses on one lot, he said it would be very difficult to refinance or sell the property. He
said the land is not being divided to create an extra lot to build on; the house on Lot 1 will be Mrs. Giovino's
primary residence, as part of a court settlement and Mr. Giovino will own the house on Lot 2, which is currently
being rented.
Attorney Valanzola said Lot 1 (480 Chauncy Street) would have 117.81 feet of frontage and Lot 2 (472 Chauncy
Street) would have 137.37 feet of frontage; 200 feet of frontage is currently required in a Planned Business
District. Each lot would be approximately 58,000 square feet, exceeding the 40,000 square foot area requirement.
Lot 1 will also require relief from Section 1.5.17a, Lot Width; the applicant is requesting 100.52 feet where 200 feet
are required. Attorney Valanzola said the front, side and rear yard setbacks have been satisfied on the new lots.
Hearing ended at 7:40 pm.
Ms. Garber - Miller made a motion to grant the request for a Variance from Section 4.2.1, Lot Frontage and 1.5.17a,
Lot Width, of the Zoning By -law at 472 -480 Chauncy Street (Assessor's Map 8, Parcel 42) in the Planned Business
District (PBD), for the creation of
Discussion:
Mr. Luca said it does not make sense to have two houses on one lot; it is a good plan and there is plenty of room
for each of these houses, which were built long before the zoning by -laws were in place. The hardship is based on
the shape of the lot. Allowing the lot to be divided, would not be detrimental to the neighborhood.
Even though it is allowable in this neighborhood, Mr. Mackie said there are no plans for a business and it makes
sense to divide the property into two lots.
Motion passed 5 -0 -0.
3. Old Business:
The board received a letter with a report on the annual income certification for the tenant households at the
Village at Cedar Heights from CHAPA; at the time of the review, all 17 affordable units were occupied and available
for review. CHAPA reviewed income documentation from each tenant household to determine that they were
eligible to occupy an affordable unit. All of the tenants reviewed were income - eligible.
The decisions for 260 Gilbert Street (Variance) and 70 Copeland Drive (Variance) were signed.
4. Adjournment:
Motion to adjourn (Luca /Rathbun) Passed.
Next meeting will be April 2, 2013 at 7:30 pm.
Elisabeth Garber - Miller, Clerk Date