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HomeMy WebLinkAboutminofzba05172011 TOWN OF MANSFIELD ZONING BOARD OF APPEALS MINUTES MAY 17, 2011 The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, ~~~~~.~J);~L~~ent at the hearing were the following members: Jack Vultaggio, Chairman; Elisabeth 'Ga}Del!~lrlt1fT&1k~ ;.peter DeTrolio; Kevin Mackie; Philip Shannon; David Luca. RECEIVED TOWN CLERKS OFFICE 20" .~UG 25 A to: 28 11. Meeting called to order at 7:45 pm. 2. Robin and Reginald Thevenot, 3 Dustin Court, Map 43, Parcel 24. The application is for a Variance from Section 4.2.1 of the Zoning By-Law for the construction of an addition with less than the required rear yard setback at 3 Dustin Court in the Residential 1 (R-1) Zone. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and Certified Plot Plan for Robin N. & Reginald Thevenot, 3 Dustin Court in Mansfield, MA, dated April 4, 2011 and prepared by Charette Land Surveying, 315 Ware St., Mansfield, MA and labeled as Exhibit "C". Ms. Garber-Miller read a May 12, 2011 letter stating that at its meeting of May 11, 2011, the Planning Board voted unanimously to send a positive recommendation on the application for 3 Dustin Court because the addition will not increase the existing encroachment into the rear yard setback. Mr. and Mrs. Thevenot were present. A Variance was granted on July 19, 1997 for a 37 ft. setback on the rear of the property. The applicant is asking to add on to the rear of the house within the 37 ft. setback. The addition is needed because Mr. Thevenot's father has relocated from Miami to live in Mansfield. Mr. Thevenot told the Board he is trying to make the home more comfortable for his family and his father who, due to illness, requires care. Mr. Thevenot submitted a plan, "Proposed Addition Plan", dated May 5, 2011, prepared by Konosky Associates, Inc. Franklin, MA, showing the elevations. The roof for the addition will not be higher than the highest point of the existing roof line. Mr. Vultaggio said the Variance can be allowed as per plan as long as the addition and steps are out of the 37 ft. setback. Abutters William Deasy of 1189 East Street and Christian Cardosa of 1160 East Street told the Board they have no problem with the planned addition. Hearing ended at 7:55 pm. Mr. Mackie made the motion to grant the Variance for the 37 ft. rear yard set back. Ms. Garber-Miller seconded the motion. Discussion: Ms. Garber-Miller said as long as the applicant is not encroaching any further and not making the rear yard any smaller, the Variance should be granted. Motion passed 5-0-0. - I 3. David & Betty O'Connor, 27 Chestnut Street, Map 34, Parcel 75. The application is for a Variance from Section 1.5.17a, lot width [Lot 1] and Sections 4.2.1, frontage and 1.5.17a, lot width [Lot 2] of the Zoning By-Law for the creation of two lots where one currently exists at 27 Chestnut Street in the Residential 2 (R2) Zone. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and Zoning Board Plan, 27 Chestnut Street, dated April 1, 2011 and prepared by Hutchins Trowbridge Associates, Inc., 200 Chauncy Street, Mansfield, MA was labeled as Exhibit "C". Ms. Garber-Miller read a May 12, 2011 letter stating that at its meeting of May 11, 2011, the Planning Board voted unanimously to send a positive recommendation on the application for 27 Chestnut Street because the second lot will be consistent with the size of existing lots in the neighborhood. Michael Trowbridge of Hutchins-Trowbridge Associates and Mr. and Mrs. O'Connor were present. The site is comprised of numerous smaller lots created in 1911. The site is a corner lot and the parcel is approximately one acre. The pre-existing condition of the depth makes it difficult to create two conforming lots but the unusual shape of the lot still allows for sufficient area to accommodate two lots. The creation of both lots is in keeping with the neighborhood and would still be larger than a majority of lots in the neighborhood. Mr. Trowbridge said 22,500 square feet with 150 ft. of frontage are required. Lot 1 will be 22,931 square feet with 100 ft. of frontage and Lot 2 will be 23, 625 square feet with 120 ft. of frontage. He said the majority of homes in the area are 15,000 square feet with 100 ft. of frontage. Mr. Trowbridge said Mr. and Mrs. O'Connor purchased the home in 1978. He said the property deed referenced 2 parcels but the lot was never divided. Abutter Joe Walent of 36 Smiley Avenue sent a letter to the board saying he was in favor of the Variance. Ed Bezarro of 44 Smiley Avenue said he was initially concerned the lots would be used for multi-family dwellings but told the board he does not have a problem with single-family lots. He said the lots would be very similar to neighboring homes. Hearing ended at 8:07 pm. Mr. Shannon made the motion to move forward to divide the existing lot into 2 lots and grant the Variance. Mr. Mackie seconded the motion. Discussion: Ms. Garber-Miller said the Board is granting a Variance for Lot 1 from Section 1.5.17a for lot width only and granting a variance for Lot 2 from Sections 4.2.1 and 1.5.17a for frontage and lot width. Motion passed 5-0-0. I 4. Old Business: The Board signed the 240 Forbes Boulevard decision. The Board discussed whether it could reconsider a vote from a previous meeting. Mr. Vultaggio said he would look to see if reconsideration of a vote is allowed. 2 ~.. , --, I 5. Adjournment Mr. Mackie made the motion to adjourn at 8:30 pm. Mr. Shannon seconded the motion. Motion passed 5-0-0. Next meeting: June 21, 2011 at 7:30 pm. ~~~ Signa re of Clerk ~ 8'/~'ll Date of Approval 3 , ...-