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HomeMy WebLinkAboutZBA_051512KE CE IVED f _RU OFFICE ll MANSFIELD ZONING BOARD OF APPEALS MAY 15, 2012 2011 JUN 20 P 5:09 MINUTES M t_ 1J 1r n� 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; Kevin Mackie; Philip Shannon; David Luca; Associate Member James Rathbun; Associate Member John McKenna. 1. Meeting was called to order at 7:30 pm. 2. Emilia Keefe, 3 Corbane Drive, Map 42, Parcel 84. The application is for a Variance from Section 4.2.1, side yard setback of the Zoning By -law to construct an addition at 3 Corbane Drive in the Residential 1 (R1) Zone. The application was labeled as Exhibit "A" and a newspaper advertisement was labeled as Exhibit 'B" and the plan "Proposed Addition 3 Corbane Drive, Mansfield, MA 02048 dated February 1, 2012 and stamped by James W. Nieva, Professional Lane Surveyor, Dunn - McKenzie, Inc. 206 Dedham Street, Rt. 1A at Rt. 115, Norfolk, MA 02056 was labeled as Exhibit "C ". There was no Planning Board letter. Emilia Keefe, the homeowner, was present. Ms. Keefe told the board the two -story house was constructed in 1992 and she has owned it for 20 years. She said the addition will be constructed for her parents; she said her father is very ill and her mother can no longer care for him by herself. The closest point of the addition would be 13.7 feet from the side lot line. Mr. Vultaggio said the size of the addition is a problem. Mr. Mackie said there are no handicapped ramps shown on the plan. Ms. Keefe said a ramp with a platform will be located in the back of the addition. She said the ramp and platform are within the envelope of the addition. Mr. Luca asked Ms. Keefe if she had tried to design the addition so a variance would not be required. She said the architect had developed several plans, but because of the location of the existing house on the property, this appeared to be the best plan. Mr. Mackie asked if the addition would be one or two stories. He said it appears to have a second floor. Ms. Keefe said it is one story with a garage beneath. She said what appears to be a second floor is a four- footloft. Mr. Vultaggio said it is an abnormally shaped lot and the house was placed at an angle on the property but the application does not meet the standard for a hardship. He said this is an R1 Zone with very small lots that do not conform to current R1 requirements. Judith Porcello of 1 Corbane Drive said the addition is needed for Ms. Keefe's parents and she supports the proposed addition. Ms. Garber - Miller asked Ms. Keefe if she had considered putting the addition on the back of the house. Ms. Keefe said that would require considerable changes to her house, including closing off the back of her house and removing the existing deck and bulkhead. Ms. Garber - Miller made the motion to grant a variance from Section 4.2.1, side yard setback, for the construction of an addition at 3 Corbane Drive. Mr. Mackie seconded the motion. Discussion: Mr. Mackie said he does not see a hardship and would not be in favor of granting the Variance. He said the house is set back and centrally located on a fairly decent sized lot. He said 15% of the proposed addition is encroaching into the setback. Mr. Luca feels a smaller addition could be done without a Variance. He does not see a problem with the shape of the land. He said he does not see where you could justify basically putting a second house on this property. The addition is bigger than the original house. Mr. Vultaggio said it is difficult to put an addition on a lot with 120 feet of frontage. He said he feels there is a hardship because of the shape of the lot and the angle of the house. Ms. Garber - Miller said the problem is the size of the addition. Motion failed 1 -4 -0. 3. Marc and Lena Moran, 16 Samoset Avenue, Map 24, Parcel 173. The application is for a variance from Section 4.2.1, minimum lot area per unit and side yard setback of the Zoning By -law for an existing two - family home and an existing above ground pool at 16 Samoset Avenue in the Residential 3 (113) Zone. The application was labeled as Exhibit "A" and a newspaper advertisement was labeled as Exhibit "B" and the plan "Zoning Board Pan 16 Samoset Ave "., dated February 28, 2012 and revised May 17, 2012 and prepared and signed by Michael A. Trowbridge, Professional Land Surveyor of Hutchins - Trowbridge Associates, Inc., 200 Chauncy Street, Mansfield, MA was labeled as Exhibit "C ". There was no Planning Board letter. Mr. and Mrs. Moran, the homeowners, were present. Mr. Moran said they purchased the property as a two - family home in 1997. He said the two units have always had separate electric and gas meters, there are two curb cuts and mail is delivered to two apartments. Ms. Garber - Miller asked about the mail delivered to the house. Mr. Moran said mail is delivered for apartments one and two. Ms. Garber - Miller asked how the home is taxed. Mr. Moran said it is taxed as a single - family home. Mr. Moran said they realized the house was considered a single - family home when his mother passed away, and said if they are unable to utilize the second apartment, they will probably have to sell the home. Mr. Moran said the house was built in 1910 on an 8,788 square foot lot and had always been treated as a two - family home. He told the board an above - ground pool with a deck was permitted about ten years ago. The deck is attached to the house. Mr. Vultaggio said he would like to continue the hearing so Mr. Moran can submit additional information regarding the house. Ms. Garber - Miller made the motion to continue the hearing for 16 Samoset Avenue until June 5, 2012 Hearing ended at 8:15 pm. The hearing was reopened when Mr. Moran returned with electric bills in his mother's name for unit 1 (( from 2005 and gas bills for both the units. He also submitted the building permits for the deck and pool. Mr. Shannon said this application will clarify the existing conditions on the property. Mr. Vultaggio said the board will need a revised plan showing the distance between the house and the side yard lot line on the pool side of the property. The measurement should be taken from the house not the deck. Mr. Shannon made the motion to approve the Variance for the pool and the deck with a revised plan showing the distance between the house and the side yard lot line on the pool side of the property. Mr. Mackie seconded the motion. Discussion: M. Luca said Mr. and Mrs. Moran have shown sufficient evidence that it was done in good faith some time ago and the pool and deck received building permits. Mr. Vultaggio said this will help to clear up the existing condition. Mr. Shannon said if the Morans want to sell the house in the future, they now have clear title. Motion passed 5 -0 -0. Mr. Mackie made the motion to approve the Variance to allow the existing two - family home on a lot 1 with less than the required 15,000 square feet. l Ms. Garber - Miller seconded the motion. Discussion: Mr. Mackie said this has apparently always been a two - family home and it was purchased as a two - family home. Mr. Vultaggio said it is clearly a two - family home and not a situation where the use has changed over the years. Ms. Garber - Miller said the house was sold as a two - family home, has continually been used as such and all the bills and documents prove it is a two - family home. Motion passed 5 -0 -0. Mr. Vultaggio asked that Mr. Moran submit the revised plan as soon as possible so the decision can be finalized. Hearing ended at 9:00 pm. 4. Donna & Carl Fernandez, 98 Pleasant Street, Map 22, Parcel 373. The application is for a Finding from Section 4.2.1, side yard setback of the Zoning By -law for the construction of an addition to a pre- existing, non - conforming house at 98 Pleasant Street in the Residential 3 (113) Zone. The application was labeled as Exhibit "A" and a newspaper advertisement was labeled as Exhibit "B" and the plan "Proposed House Addition at HSE .No. 98 Pleasant Street in Mansfield, MA" dated January 9, 2012 and prepared and signed by Craig E. Cygawnoski, Professional Land Surveyor, RIM Engineering Co., Inc., 150 North Main Street, Mansfield, MA was label Exhibit "C" There was no Planning Board letter. John Ludvigsen, representing the homeowner, explained Mr. and Mrs. Fernandez have owned the single - family home, built in 1900, for 29 years. The application is for a three - season room on the back of the house. He said based on the size and shape of the lot, there is no other place for the addition to be built. The proposed addition will be 7.6 feet from the left side lot line and 9.8 feet from the right side lot line. The existing deck will be removed. Mr. Vultaggio said a revised plan showing the measurements of the overhang on the addition and the measurement from the proposed addition to the right of the property line will need to be submitted. Sarah Forbes of 1 Clinton Street said the proposed plan will be a nice addition to the property and the j neighborhood. Mr. Mackie made the motion that the proposed addition at 98 Pleasant Street is an increase to a pre- existing, non - conforming structure. Mr. Luca seconded the motion. Motion passed 5 -0 -0. Mr. Mackie made the motion that the increased non - conformity is no more detrimental than the existing condition, as it does not increase the existing encroachment into the side yard setback. Mr. Luca seconded the motion. Motion passed 5 -0 -0. Hearing closed at 8:25 pm. S. JAB Construction LLC, 47 High Street, Map 21, Parcel 139. The application is for a Finding from Section 3.3.2, Two - Family Dwelling, of the Zoning By -Law for the conversion of a pre- existing, non - conforming, structure to a two - family residence at 47 High Street in the Residential 3 (113) Zone. The application was labeled as Exhibit "A ", a newspaper advertisement was labeled as Exhibit 'B" and the plan "Plan of Land in Mansfield, Mass owned by JAB Construction, LLC dated April 11, 2012 and stamped by Russell A. Wheatley, Registered Land Surveyor, Russell A. Wheatley Co., Inc., was labeled as Exhibit "C ". There was no Planning Board letter. Catherine Gover the owner of the property was present Ms. Gover asked that the board consider re- zoning the building at 43 High Street back to a duplex. She told the board she purchased the house from St. John's Church in December 2011. She said the house was originally a duplex and the existing layout will not change; the interior is set up for a two - family home and there are two utility services to the house.. She said the interior of the house will have to be completely redone. Ms. Gover told the board she has been before the Conservation Commission and has received approval for two separate driveways. Mr. Vultaggio asked Ms. Gover if this project complies with all the dimensional requirements of the Zoning By -law. She said she believes it does. Ms. Gover said there will be two separate units with separate utilities, to be sold separately. Mr. Vultaggio said assuming it was used as a duplex, that use was non - conforming at least to the current by -law. The lot is half the lot size required for a duplex. He said the board does not want a duplex on a lot with less than the required 15,000 square feet. Ms. Gover said it is an existing building that her company is trying to modify. She said the application was discussed with the Building Inspector prior to the filing and he was not concerned. She said the church sub - divided the lot to make a new lot with an existing building. By sub - dividing the lot, Mr. Vultaggio said they have created a non - conforming lot which is not a buildable lot. He said a proposal for this lot recently came before the board but was withdrawn. Ms. Gover said that proposal was for f 1 the removal of the existing house, creating a new footprint. She said her proposal would not change the existing footprint. Mr. Luca said she is proposing to turn the existing house into a two - family home. Ms. Gover said when the church purchased the land the house was a two - family home. Mr. Shannon said there is no documentation saying the house was in fact used as a two - family home. Ms. Garber - Miller said according to the church, two sisters lived in the house and when they passed away, the home became an annex to the church for office space and Sunday school. She said the building needed a lot of repairs that the church could not afford to do. When the last proposal came before the board, the applicant was going to tear the house down and recreate a duplex on the property. She said the first issue the board had with this proposal was that there was not enough land. Mr. Vultaggio said the church lot is probably an existing non - conforming lot and, by selling this lot, a second non - conforming lot has been created. He told Ms. Gover you need 10,000 square feet for a single - family house and 15,000 square feet for a duplex. He said the board would need more information on how the church created this new non - conforming lot and how they were able to sell it. Ms. Gover said she could not find any records concerning the house. Ms. Gover asked for a continuance to the June 5, 2012 meeting. Ms. Garber - Miller made the motion to accept the request to continue the hearing for 47 High Street to June 5, 2012. Mr. Luca seconded the motion. Motion passed 5 -0 -0. 6. Adjournment Motion to adjourn — Shannon /Rathbun Motion passed. NEXT MEETING WILL BE JUNE 5, 2012 Elisabeth Garber - Miller, Clerk Date