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HomeMy WebLinkAboutminofzba11162010 ZONING BOARD OF APPEALS MINUTES NOVEMBER 16, 2010 ') - 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; Peter DeTrolio; Kevin Mackie; Phil Shannon, Associate Member; and Jeff Garr, Associate Member. 11. 116 Union Street - Mark Medeiros The application is for a Variance from Section 4.2.1 and 1.5.17a of the Zoning By-law for the creation of two single-family house lots and the construction of a single-family house with less than the required lot width dimension at 116 Union Street in the Residential 3 (R-3) Zone. Mark and Lynn Medeiros and Lori and Samuel Thompson were present. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and Plan B Plan of Land in Mansfield, MA, and Plan B Plan of Land in Mansfield, MA, RIM Engineering Co., Inc., both dated October 4, 2010 and prepared and labeled as Exhibit "C". Mark Medeiros told the board the two families are presently living in a single-family home at 116 Union Street. He said the living arrangement has allowed the two families to live and raise their families in Mansfield, the town they all grew up in. They purchased the home 13 years ago. He said the living arrangement has since become too stressful for the four adults and their four teen- age children to continue to share a home. He said they have aggressively tried to sell the house over the past 5 months, ran multiple open houses and have dropped our price by over $50,000. Mr. Medeiros told the board if the lot can be divided and an additional single-family home can be built on lot 2, it would allow both families to continue to live in Mansfield. By granting this variance, it would create a separate taxable lot for the town, the lots would be larger than the average lot on Union Street and it would increase the percentage of single-family homes on the street, raising property values. An existing shed would be moved onto Lot 1, the existing house lot. Two plans were submitted, Plan "A" and Plan "B". Mr. Medeiros said no curb cut would be necessary and cutting of trees would not be necessary. Mr. Medeiros submitted 4 letters of approval from abutters. Kevin Mackie told the applicants Plan "B" would be the better plan. Both plans were submitted for variances - Plan "A" would need a variance, Plan "8" would be a finding; there would be an increase in the non-conformity but the increase would not be detrimental to the neighborhood. Hearing ended at 7:45 pm. .. MOTION: Elisabeth Garber-Miller made the motion that the proposed creation of the lot with the changes to the side setbacks on Lot 1 will increase the non-conformity of Lot 1. Kevin Mackie seconded the motion. Motion passed 5-0-0. MOTION: Elisabeth Garber-Miller made the motion that the creation of Lot 2 as per plan "8", with the creation of the non-conformity on Lot 1, would not be more detrimental to the neighborhood than the existing non-conformity. Kevin Mackie seconded the motion. Motion passed 5-0-0. I 2. 26 Draper Avenue, Laurence Malsky. The application is for a Finding from Section 4.2.1 of the Zoning By-law for the construction of a first floor vestibule, second floor kitchen and bath and third floor bedroom and bath at a pre- existing, non-conforming two-family structure at 26 Draper Avenue in the Residential 3 (R-3) Zone. Laurence Malsky, the homeowner, was present. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and "Zoning Plan, 26 Draper Avenue", dated October 12, 2010 and prepared by Hutchins- Trowbridge Associates, Inc., 200 Chauncy Street, Mansfield, MA and labeled as Exhibit "C". The house was built in the 1860s. The house is non-conforming with the set backs on the south side of the house. Presently one-half of the house is two (2) stories and the back portion of the kitchen and a bath is one (1) story. Kevin Mackie asked Mr. Malsky if the garage will be attached to the house. He said is appears as if there are stairs attached to the house. Jack Vultaggio told Mr. Malsky if he attaches the garage with the set of stairs to the house, then the garage has to conform to the side yard set backs, 15 ft. Mr. Malsky said he will revise the plan with the stairs not attached to the garage. Kevin Mackie said a plan will have to be submitted showing the stairs unattached to the garage. Phil Shannon asked about the height of the addition. Mr. Malsky said the addition would be less than 35 ft. Hearing ended at 7:56 pm. MOTION: Kevin Mackie made the motion that the change to the pre-existing non-conforming conditions at 26 Draper Avenue, per plan shown, without the stairs attached to the garage, constitutes an increase in the conformity condition. Elisabeth Garber-Miller seconded the motion. Motion passed 5-0-0. II" MOTION: Kevin Mackie made the motion that changes to the non-conformity is not more detrimental to the neighborhood than the non-conformity current use. Elisabeth Garber-Miller seconded the motion. Motion passed 5-0-0. I 3. 64 Patty's Road, Todor Petrov. The application is for a Variance from Section 4.2.1 of the Zoning By-law for the construction of an attached 2-car garage with less than the required side yard set back at 64 Patty's Road in the Residential 1 (R-l) Zone. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "8"; and "Zoning Plan, Patty's Road", dated June 4, 2010 and prepared by Hutchins-Trowbridge Associates, Inc., 200 Chauncy Street, Mansfield, MA and labeled as Exhibit "C"; architectural plans dated June 1, 2010. Mr. Petrov was represented by Michael Trowbridge, Hutchins-Trowbridge Associates, Inc. Elisabeth Garbor-Miller read the Notice of Finding and Decision on a Repetitive Petition, dated September 23, 2010, from the Planning Board. Michael Trowbridge told the board the Planning Board found there were substantial changes from the plan denied by the Zoning Board of Appeals on April 27, 2010, allowing the applicant to resubmit a repetitive petition for a variance. Michael Trowbridge told the board the abutters on either side of the property approve of the project; 68 Patty's Road and 60 Patty's Road have no problems with the project. Hearing closed at 9:00 pm MOTION: Kevin Mackie made the motion to approve the variance for 64 Patty's Road, as per plan, for the 14 ft. side yard set back. Jeff Garr seconded the motion. Discussion: Kevin Mackie said the owner made concessions with the size of the garage to fit the garage on the lot. Peter DeTrolio wanted to say no to the project. Elisabeth Garbor-Miller said she voted no at the first hearing as did Peter. She said the applicant did make the two-car garage as small as possible. Jack Vultaggio said when these lots were built, the builder squeezed the lots in so they complied with zoning regulations at the time with a minimal amount of space. Elisabeth said the question/consideration is are you trying to put too much in a space that does not allow it. Motion passed 5-0-0. I 4. 239 Winter Street, Andrew and Mileva Chmielewski. II" The application is for a Variance from Section 4.2.1 of the Zoning By-law for the construction of a proposed carport with less than the required side yard set back and an accessory building with less than the required 10 ft. from a primary building at 239 Winter Street in the Residential 1 (R-1) Zone. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and "Proposed Carport at Hse. No. 239 Winter Street", dated August 25, 2010 and prepared by RIM Engineering Co., Inc., 150 North Main Street, Mansfield, MA and labeled as Exhibit "C". The hearing was continued from the October 19, 2010 meeting because the homeowners were not present at the meeting. Andrew Chmielewski, the homeowner, was present. Kevin Mackie asked about the bulkhead; is it less than 10 ft. to the corner of the garage? It is 11.5 ft. from the corner of the house to the garage. Elisabeth Garbor-Miller said there are no dimensions on the plan showing the distance from the bulkhead to the corner of the garage. Mr. Chmielewski told the board the garage was there when he purchased the property and there have been no changes made to the house or garage since he bought the home. He said the house was built in 1984 and he purchased the house in 2006. Elisabeth Garbor-Miller asked if he had a plot plan from when he purchased the house. She said the board would like to see the plan. Jack Vultaggio said the bulkhead is considered part of the house and should be at least 10 ft. from the garage. The garage is a non-conformity; it is too close to the house. He told Mr. Chmielewski he needs to find out if there is an older plan showing the garage and bulkhead because if they have been there over 6 years, it is grandfathered in to non-conformance. If not 6 years old, it is a problem. The board suggested the hearing be continued to the December 14, 2010 meeting. Mr. Chmielewski requested a continuance in writing. Hearing closed at 8:30 pm. I 5. Lot 3, Stearns Avenue, Robert and Margaret Morrison. The application is for a Variance from Section 4.2.1 of the Zoning By-law for the creation of a lot with less than the required lot width, depth and frontage at Lot 3, Stearns Avenue, in the Residential 1 (R-1) Zone. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "8"; and "Plan of Land of 151 Stearns Avenue" by Hutchins-Trowbridge Associates, Inc., 200 Chauncy Street, Mansfield, MA, dated September 30, 2010 and labeled as Exhibit "C". - Michael Trowbridge, Hutchins-Trowbridge Associates, Inc. is representing Mr. and Mrs. Morrison. The property was granted a variance in 2007 with a similar configuration. The variance expired September 19, 2010. Due to the economy, it has taken longer to find a buyer. The proposed lot has 9.1 acres and 6.6 times more square footage than the required sq. ft. requirement for an R-1 zone. Michael Trowbridge told the board Lot 3 has been reduced from 10.5 acres to 9.1 acres to add a little more land to Lot 1. He said the wetland delineation was approved by the Conservation Commission November 15, 2010. Only the portion of wetlands that will directly affect the house and the two isolated wetlands on the property were delineated. Jack Vultaggio asked if Mr. Trowbridge was asking the board for a modification of the original variance. Mr. Trowbridge said he is asking for a new variance with a slight change to the lot configuration. Hearing closed at 8:57 pm. MOTION: Peter DeTrolio made the motion to approve. Phil Shannon seconded the motion. Discussion: Elisabeth Garbor-Miller said she would rather a single-family home be built on the property instead of a compound or subdivision. Jack Vultaggio said it is the least amount of use for this property. Motion passed 5-0-0. I 6. Adjournment Motion: To adjourn at 9:05 pm (Mackie-Garr) All in favor. PASSES. Date of next meeting: December 14, 2010 at 7:30 pm. -e~~ Signature of Clerk Date of Submission -