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HomeMy WebLinkAboutZBA 06172014_201409220815Mansfield Zoning Board of Appeals Minutes June 17, 2014 The Zoning Board of Appeals held Its regular meeting In the Town Hall, Mansfield, MA at 7:30 pm. Present were the following members: Kevin Mackie, Chairman; Elisabeth Garber - Miller, Clerk; David Luca; James Rathbun; Philip Shannon; Associate Member Darlene Pruitt. 1. Meeting opened at 7:30 pm. 2. Reorganization: Mr. Luca made the motion to nominate Mr. Mackie as chairman. Mr. Rathbun seconded the motion. Motion passed 5 -0 -0. Mr. Luca made the motion to nominate Ms. Garber - Miller as clerk. Mr. Rathbun seconded the motion. Motion passed 5 -0 -0. 3. James Crawford, 12 Brookside Road, Map 13, Parcel 52. The application of James Crawford was filed for a Variance for the construction of an addition on a corner lot with less than the required front yard setback (on Brookside Road) and less than the required front yard setback (on Carol Road); and for a second addition with less than the required side yard setback to the west at 12 Brookside Road (Assessor's Map 13, Parcel 52) in the Residential 1(111) zone. The following documents were introduced at the public hearing: Application for Variance, filed with the Town Clerk's Office May 14, 2014; a copy of the public hearing notice; "Zoning Plan 12 Brookside Road ", dated May 9, 2014, prepared by Hutchins - Trowbridge Associates, Inc. Mr. Mackie recused himself from this hearing. Ms. Garber - Miller was appointed Acting Chair, Mr. Luca was appointed Acting Clerk and Associate Member Ms. Pruitt was appointed a voting member for this hearing. There was no Planning Board letter. Homeowners James and Allyssa Crawford were present. Mr. Crawford explained the home was built in 1976 and he has owned the home for eleven years. The house is a non - conforming corner lot requiring front yard setbacks on two sides. Mr. Crawford explained an 8'x12' addition will be constructed on the Brookside Road side of the property for a master bedroom closet, which would result in a 9.2' setback where 25 feet is required. Mr. Crawford said the abutting neighbor on this side of the property does not have an issue with the proposed addition. On the Carol Road side of the property, a 26'x29' two -car garage with a family room above is planned which will result in a side yard setback of 27.2' and a front yard setback of 32.9' where 40 feet is required. Mr. Crawford said the existing one -car garage underneath the house will be closed in to become a basement and the driveway will be relocated to the Carol Road side of the property. A 14'x13'screened porch with a deck will be constructed off the back of the Carol Road addition and an existing deck will become part of the kitchen. He said the additions cannot be built at the rear of the house because of the location of the septic system. Hearing ended at 8:00 pm. Following discussion, the Zoning Board of Appeals decided the application should be for the following 1) A Finding for the expansion of a pre - existing, non - conforming structure for the addition on the Brookside Road side of the property; 2) A Finding for the expansion of a pre- existing, non - conforming structure for the addition on the Carol Road side of the property; and 3) A Variance for the front yard setback on Carol Road. The board members felt that because the public hearing was advertised as a Variance, the legal advertisement was sufficient to cover the process needed for a Finding, the standard of review was met and due process was followed. Ms. Garber - Miller asked for a motion for the Finding for the Brookside Road addition (side yard setback). Mr. Luca made the motion that the request for a Finding for a 12'x6' addition at 12 Brookside Road is an increase in a pre- existing, non - conforming condition, resulting in a 9.2' setback from the west boundary line. Mr. Shannon seconded the motion. Discussion Ms. Garber - Miller said there are no other houses in the neighborhood so close to a property line, and they all seem to have a fairly uniform spacing between the houses. Mr. Luca acknowledged that the neighbors do not have a problem with the project or they would have attended the meeting but, just because this is a pre- existing, non- conformity, you still cannot build to the property line; going from a setback of 17.2' where 25 feet is required down to 9.2', is not de minimis. He noted the older houses in the neighborhood are similar to what is proposed, but none of the houses are as close to a boundary line. Mr. Rathbun said he would not have a problem with the addition if it was located at the back of the house. Motion passed 5 -0 -0. Mr. Luca made the motion that the increase in the pre- existing, non - conforming condition at 12 Brookside Road, as shown on the plan titled "Zoning Plan 12 Brookside Road" and dated May 9, 2014, is not more detrimental to the neighborhood than the current condition. Mr. Shannon seconded the motion. Discussion: Mr. Luca said while the proposed addition is not necessarily more detrimental to the direct abutter or the neighborhood as a whole, the issue would be if other homeowners in the neighborhood wanted to do the same thing. Ms. Garber - Miller said the addition would be very close to the property line. Motion failed 0 -5 -0. Ms. Garber - Miller asked for a motion for the Finding on the Carol Road addition /garage (front yard setback). Mr. Rathbun made the motion that the request for a Finding for a 26x29' addition /garage with a 14'x13' screened porch with a deck at 12 Brookside Road (Carol Road, front yard setback) is an increase in the pre- existing, non- conforming condition. Mr. Shannon seconded the motion. Motion passed 5 -0 -0. Mr. Rathbun made the motion that the increase in the pre- existing, non - conforming condition, per the plan, "Zoning Plan 12 Brookside Road ", dated May 9, 2014, is no more detrimental to the neighborhood than the current condition. Mr. Luca seconded the motion. Discussion: Mr. Luca said there are other houses in the neighborhood that are closer to the street, and the proposed increase is de minimis. Mr. Rathbun said he does not have an issue with the proposed project. Motion passed 5 -0 -0. Ms. Garber - Miller asked for a motion for the Variance for the Carol Road addition /garage, front yard setback. Mr. Luca made the motion to approve the Variance from Section 4.2.1 to allow for a 27.2' front yard setback where 40 feet is required, for a proposed 26'x29'addition /garage at 12 Brookside Road (Carol Road, front yard setback), as shown on the plan, "Zoning Plan 12 Brookside Road ", dated May 9, 2014. Ms. Pruitt seconded the motion. Discussion: Mr. Luca noted the only abutter on Carol Road has a similar footprint and said the proposed addition /garage will not be more detrimental and is consistent with the neighborhood. He said the hardship is the shape of the lot and the layout of the house. Mr. Rathbun said the proposed addition /garage will be 27.2 feet from the street. Mr. Luca said this is not a heavily traveled intersection and the project will not create a safety hazard. Motion passed 5 -0 -0. Mr. Crawford asked if the Board would allow the small addition to be placed in the back of the house and was told he would be required to file for a Finding. Mr. Shannon stated the septic system would also have to be moved if the addition was located in the back of the house. Mr. Crawford asked if the addition could be approved if it was reduced from 8 to 7 feet. Ms. Garber - Miller said the issue is the required side yard setback of 25 feet. Mr. Crawford said the whole project depends on the approval of the small addition because it will be a closet for the master bedroom. He explained that the interior of the house is being rearranged, with the bedrooms on the Brookside portion of the property and the living/family room on the Carol Road side. Ms. Crawford said there will be no windows in the small addition and the abutter is 35 feet from the boundary line. Mr. Crawford said most of the discussion was about the corner lot issue and whether a Finding or Variance was needed. 4. David and Jennifer Zukowski, 12 Northridge Road, Map 41, Parcel 221. The application of David Zukowski was filed for a Variance for the construction of an addition with less than the required rear yard setback at 12 Northridge Road (Assessor's Map 41, Parcel 221) in the Residential 1 (R3) zone. The following documents were introduced at the public hearing: Application for Variance, filed with the Town Clerk's Office May 16, 2014; a copy of the public hearing notice; "Zoning Plan 12 Northridge Road ", dated May 15, 2014, prepared by Hutchins - Trowbridge Associates, Inc. There was no Planning Board letter. Ms. Zukowski said they have owned the house for seven years and explained the proposed project, which includes the removal of the existing 14'x10' deck and the construction of a 16'x10' three - season room with a 16'x10' deck to the rear of the house which will result in an 18.7' rear yard setback where 40 feet is required. The hardship is the shape of the lot. Ms. Garber - Miller asked if there was another location for the addition. Ms. Zukowski said there is a bulkhead by the existing deck, an air - conditioning unit on the left side of the house and the existing garage to the right of the house. Hearing ended at 8:05 pm. Mr. Rathbun made a motion that the request for a Finding at 12 Northridge Road is an increase in a pre- existing, non - conforming condition. Mr. Shannon seconded the motion. Discussion: Mr. Luca said this should be a Finding because it is a pre- existing, non - conforming lot and there is a hardship because of the shape of the lot. He said because of the bulkhead and air - conditioning unit, there is no other location for the three - season room. Motion passed 5 -0 -0. Mr. Rathbun made a motion that the increase in the pre- existing, non - conforming condition as per plan "Zoning Plan 12 Northridge Road ", dated May 15, 2014, prepared by Hutchins - Trowbridge Associates, Inc., at 12 Northridge Road, is no more detrimental to the neighborhood than the current condition. Mr. Shannon seconded the motion. Discussion: Ms. Garber - Miller noted this is a good sized lot and there will no further encroachment. Mr. Rathbun said the hardship is the shape of the lot. Motion passed 5 -0 -0. S. Continued hearings: Ken Butler: MMAS, 377 North Main Street. The application of MMAS, Inc. was filed for a Variance for the installation of a sign larger than allowed at 377 North Main Street (Assessor's Map 22, Parcel 86) in the Business 1 (B1) Zone, Section 4.7.1.1. — Sign shall be no longer than 60% of the front building wall length /one square foot of sign per running front foot of a front building wall. The hearing was continued at the May meeting. Ken Butler and Attorney Fred Armstrong were present. Revised plans with the dimensions and placement of the signs, and a lighting plan, as requested, were submitted tonight. Ms. Garber - Miller noted the signs will be internally lit and the lettering will be changed manually. Mr. Burns said the sign will have no moving parts or flashing bulbs and the lights will be on a timer except when there is a performance, when they will be turned off manually, no later than 11:00 pm. Mr. Burns said the existing sign will be removed. Mr. Mackie said because the revised plan will be the document of record, the plan needs to be stamped and signed. After reviewing the plan, Mr. Mackie said the front of the building is 61 feet and the applicant would be allowed 36 feet of signage on both sides of the building. He cited Section 4.7.1.1 — Wall Sign: One square foot of sign per running front foot of a front building wall and the length of any wall sign shall be no longer than 60 percent of the front building wall length. Mr. Mackie said the applicant is allowed 36 feet of sign on both sides of the building so a Variance is not required. Ms. Garber - Miller said for the record the minutes should state this is an opened application and the applicant has submitted the requested plans with the correct dimensions. She said as long as this is the plan of record and there are no changes to the plan, the signs would conform to the requirements of the Zoning By -Law. Mr. Mackie said a motion should be made that the plan submitted is in conformance with Section 4.7.1.1 of the By -Law. Mr. Luca made the motion that the plans submitted as requested are in conformance with the Zoning By -Law, Section 4.7.1.1 and no further action is needed on behalf of the Board. Mr. Rathbun seconded the motion. Motion passed 5 -0 -0. Joseph Mulkern, 77 -79 West Street: The Board reviewed and approved the revised plans, "Zoning Plan for 77 -79 West Street in Mansfield, MA ", dated November 19, 2013 and revised May 27, 2014. 6. Old Business: The Board signed the following decisions: Rockwell, 2 Central Street (Variance) Mulkern, 77 -79 West Street (Revised plans) Carty, 1769 West Street (Variance /Finding) Gordon Hay, 135 Cottage Street ( Finding) Kristin and Andre Fernandes, 11 Chessman Road (Variance) Michael and Alanna Morreale, 6 Marshall Avenue (Variance) 7. Adjournment: Motion to adjourn at 9:05 pm. Luca /Rathbun. Passed Next meeting will be July 15, 2014 at 7:30 pm. 9��--� 9 • / 6 , / Elisabet arber- Miller, Clerk Date