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HomeMy WebLinkAboutminofzba12132011 " ".I.! f<ECEIVED MANSFIELD ZONING BOARD OF APPEALS fJ il f~ CLER;-{S OFF"ICE MINUTES December 13, 2011 lOll MAR 22 P 2: 5 I The Zoning. Board of Appeals ~eld its regular meeting in the Town Hall, Mansf~el~t~1~[J>m. Present at th~ heanng were ~he follo~mg members: Ja~k Vultaggio, Chairman; Elisabetit-\&rliftrrM.I~,T<r~k; Kevin Mackie; Peter DeTroho; Associate Member, David Luca. .. The application is for a Variance from Section 4.2.1, Density and Dimensional Regulations of the Zoning By- law for the creation of a lot with less than the required frontage and lot width at 425 Mill Street in the Residential R1 (R1) Zone. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and the plan, "Plan of Land Jameson Property Mill Street, dated November 29, 2011 and stamped Michael A. Trowbridge Professional Land Surveyor, Hutchins - Trowbridge Associates, Inc., 200 Chauncy Street, Mansfield, MA, was labeled as Exhibit "C". Mr. Jameson requested a continuance to January 17, 2011. There are issues with the present use of the property. Hearing ended at 7:36 pm. The application is for a Variance from Section 4.2.1 Dimensional Regulations of the Zoning By-law for the construction of a portico with less than the required front yard setback and a deck with less than the required side yard setback at 3 Carriage House Lane, Map 41, Parcel 391 in the Residential R1 (R1) Zone. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and the plan, "Zoning Plan 3 Carriage House Lane, dated September 22, 2011 and stamped by Michael A. Trowbridge Professional Land Surveyor, Hutchins - Trowbridge Associates, Inc., 200 Chauncy Street, Mansfield, MA, was labeled as Exhibit "C". David Luca was appointed a voting member for this meeting in place of Philip Shannon. There was no Planning Board letter. John McCann, the homeowner and Thomas George, the contractor, were present. Mr. McCann is requesting a variance for a newly constructed portico over the stairs. 37 feet from the front property line, as well as a variance for the existing deck stairs. He told the board when he was in the process of building the portico he had the property surveyed and discovered the stairs to the deck were less than 25 feet from the side property line. He said he was unaware of the property setbacks and he 1 W1 wants to make sure everything is in order so if the house is sold, the new owner will not have any problems. The house was built in 1997 and Mr. McCann has owned the home since 2005. He said the deck and stairs were already built when he purchased the property. Because of the dimensions of the lot, Mr. Vultaggio said he did not have a problem with the variance request but said homeowners need to be more aware of the setbacks when doing any work. Ms. Garber-Miller asked Mr. George if he was aware of the setback requirements and if he had taken actual measurements before or after starting the work. Mr. George said he measured 40 ft. to the sidewalk. Mr. Luca asked if the property line ended at the sidewalk. Ms. Garber-Miller said the roadway right-of-way includes the sidewalk but it may also include some land between the sidewalk and the front yard. If the measurements were taken from the sidewalk, it could be incorrect. Mr. McCann said he thought the property line was at the sidewalk. Mr. George said he started the work in late August 2011 without a building permit. He said when he applied for the building permit, the Building Inspector, Nick Riccio asked that an engineering plan showing the measurements from the property line be submitted with the application. Mr. McCann told the board the work included rebuilding the front steps, making them closer to the front property line and the portico which overhangs the porch and steps. Ms. Garber-Miller asked that the deck stairs and the portico be acted on separately. Mr. Mackie made the motion to approve the variance for the deck stairs to be 23.6 feet from the side property line. Ms. Garber-Miller seconded the motion. Discussion: Mr. Mackie said it is a very narrow lot and the existing deck and stairs were there when Mr. McCann purchased the property. Ms. Garber-Miller said the deck stairs are 23.6 feet from the property line, a difference of 1.4 feet. Mr. Vultaggio said when the house was built twenty-seven years ago, stairs were not counted as part of the setbacks. He said he has no issues with the request. Motion passed 5-0-0. Mr. Luca made the motion to approve the variance for the portico to be 37 feet from the front property line. Mr. Mackie seconded the motion. Mr. DeTrolio said he has a problem with contractors doing work with out a permit and said he would deny the request for the variance but the homeowner would be the one to suffer because the contractor did not apply for the building permit. 2 - Mr. Vultaggio said he would vote to approve the variance request because if the applicant had applied before the work was done, he would have approved the project. He said it is upsetting the way this was done because the person responsible doing the work without a permit is not the one who will pay for that mistake. Mr. Luca said this is a situation where the homeowner is trying to correct the mistake. It happened three months ago and the homeowner immediately filed with the Zoning Board of Appeals to correct the mistake. Mr. Luca said it meets the hardship requirements because of the lot shape. Motion passed 4-1-0. Hearing ended at 8: 15 pm. 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 side yard setback at 6 Hartford Road in the Residential R1 (R1) Zone. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and the plan, "Proposed House Addition at 6 Hartford Road in Mansfield, MA", dated October 19, 2011 and stamped by Craig E. Cygawnoski, Professional Land Surveyor, RIM Engineering Co., Inc., 150 North Main Street, Mansfield, MA, was labeled as Exhibit "C" David Luca was appointed a voting member for this meeting in place of Philip Shannon. There was no Planning Board letter. Helga Reinisch, the homeowner, was present. Ms. Reinisch told the board she would like to add a three-season sun room to her home to expand the current living space to include a home office. The sunroom will be located on the southeast side of the home to take advantage of the sun to warm and light the space. Because the garage is on the left side of the house, Ms. Reinisch said the southeast corner of the house is the best location. She is seeking relief from the required 25-foot side yard setback. Because of the odd shape of the lot, the addition will result in a 16.5-foot side yard setback. Hearing ended at 8:03 pm. Mr. DeTrolio made the motion to approve. Ms. Garber-Miller seconded the motion. Discussion: Mr. Mackie said this is the only place the addition can be located, it is a modest addition and the hardship is the dimensions of the lot. Mr. Vultaggio agreed the shape of the lot is a problem as far as locating the sunroom. Ms. Garber-Miller said because the garage is underneath the house on the left side of the house, the best location for the sunroom is the southeast corner of the house. 3 Motion passed 5-0-0. The board signed decisions for 28 Jake's Way (denied), 45 Spring Street (Variance), 6 Stratton Road (Finding) and 424 Gilbert Street (Variance). Mr. DeTrolio made the motion to accept the September minutes as written. Ms. Garber-Miller seconded the motion. Motion passed 5-0-0. Motion to adjourn. (DeTrolio/Luca - 5-0) NEXT MEETING: JANUARY 17, 2011 r--. . &~~~~ 3'~O.Ir- Elisabeth Garber-Miller, Clerk Date 4 m1