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HomeMy WebLinkAboutminofzba02152011 'RECEIVED TOWN CLERKS OFFICE 2011 MAR Ib P b: Sq The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:30..p'm. Present at the hearing were the following members: Jack Vultaggio, Chairman; Elisabeth Garber-MillerAMA~Sij&tJ:GTrolio; Kevin Mackie; Philip Shannon. M SSACHUSETTS TOWN OF MANSFIELD ZONING BOARD OF APPEALS MINUTES FEBRUARY 15, 2011 11. Meeting called to order at 7:30 pm. I 2. Paul Thibault, Maple Leaf Realty Trust, 559 Maple Street, Mansfield, MA The Chairman read the public hearing notice. The application is for a Variance from Sections 3.0 and 3.1 of the Zoning By-Law for the construction of a common driveway at Lot 126 and Lot 127, Map 38, Parcel 46. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a plan, Zoning Board Plan Maple Street, dated March 22, 2007, revised December 29, 2010, and prepared by Hutchins- Trowbridge Associates, Inc., 200 Chauncy Street, Mansfield, MA was labeled as Exhibit "C". The clerk read a February 10, 2011 letter stating that at its meeting of February 9, 2011, Planning Board voted unanimously to send a positive recommendation on the application of Maple Leaf Realty Trust for construction of a shared driveway for Lots 126 and 127 Maple Street in the R1 Zone because the construction of the shared driveway will help mitigate wetland issues. Michael Trowbridge of Hutchins-Trowbridge Associates, Inc. and Paul and Deborah Thibault, the property owners, were present. Michael Trowbridge told the board Mr. Thibault requested a Variance in February 2009 for Lot 125. The Variance was denied. Michael Trowbridge said Lots 126 and 127 will meet all dimensional requirements, exceeding the required lot frontage as well as the set backs for area and width. Each lot will have its own entrance from the lot, but will share a common driveway. Mr. Trowbridge told the board the applicant has been before Conservation and received approval for the driveway. He said a consultant was hired to make sure the crossing of the wetlands would have as little impact as possible on the resource areas and the replication area was properly done. Michael Trowbridge said it is not possible to put the driveway on the actual property line because of the wetland issues; it would require more filling of the wetlands. He said the location will have the least impact on the wetlands and will not impact the neighborhood. He said there have been a number of lots in town that have been granted similar driveways. Because a common driveway is not specifically mentioned in Mansfield Zoning By-law, Nick Riccio, Mansfield's Building Inspector, asked that the applicant go before the Board of Appeals. Jack Vultaggio said the state requires each lot to have an egress and ingress. He said if anyone were to appeal the variance, it would be appealed on the state law and not at the local level. Elisabeth Garber-Miller said the plan shows a third lot (Lot 125). She wanted to make it clear, if the board signs off on Lots 126 and 127, it is only for these two lots and not for any other portion of Mr. Thibault's property. Michael Trowbridge said Lot 125 is actually Mr. Thibault's home and is not part of this decision tonight. He said Lot 125 would not have the frontage; the entire frontage was given to Lots 126 & 127. Michael Trowbridge told the board - the property has been in Mr. Thibault's family for the past 90 years and Mr. Thibault would like to give each of his children a building lot. Elisabeth Garber-Miller made the motion to allow for a common driveway between Lots 126 and 127, as shown on the plan, with a separate ingress and egress for each lot off the common driveway. Philip Shannon seconded the motion. Discussion: Jack Vultaggio said the hardship is clearly evident; these are Form A lots, but because of the wetland issues, two driveways would be difficult to do and very costly. Kevin Mackie said he did not have any problems with the common driveway. Elisabeth said because of the size of the parcel and the extent of the wetlands on site, she agreed with Mr. Riccio's decision concerning these lots. Motion passed 5-0-0. I 3. Correspondence: The board discussed the Mansfield Housing Authority. The board received a letter from CHAPA (Citizen's Housing and Planning Association, Inc.) regarding 40B developments in Mansfield - the board asked about Bay Brook Village. Elisabeth said MassHousing was reviewing the cost certification audit for Bay Brook Village to determine if they are in compliance with the 20% profit limitation. I 4. Old/New Business: The board signed the decision for William Albertini and Karen Galanti, 329 Franklin Street. Kevin Mackie made the motion to approve the minutes of January 18, 2011 as written. Philip Shannon seconded the motion. Motion passed 5-0-0. I 5. Adjournment: Kevin Mackie made the motion to adjourn at 8:00 pm. Elisabeth Garber-Miller seconded the motion. Motion passed 5-0-0. Ne~~m. Signature of Clerk q./5./! Date of Approval 2 -