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HomeMy WebLinkAboutZBA10212014_201501080842Mansfield Zoning Board of Appeals Minutes October 21, 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; Philip Shannon; Associate Member Darlene Pruitt; Associate Member Matthew Cummings. 1. Meeting opened at 7:30 pm. 2. Jeffrey T. DiCenzo, 16 Jake's Way, Map 32, Parcel 208. The application of Jeffrey T. DiCenzo was filed for a Variance from Section 4.2.1, Rear Yard Setback, of the Zoning By -Law, for the construction of an existing deck with less than the required setback from the rear lot line at 16 Jake's Way (Assessor's Map 32, Parcel 208) in the Residential 1 (131) zone. The following documents were introduced at the public hearing: Application for Variance, filed with the Town Clerk's Office June 11, 2014; a copy of the public hearing notice; "Assessors Map 32, Parcel 208 Certified Plot Plan of Land in Mansfield, MA ", dated June 3, 2014, revised October 6, 2014, prepared by RIM Engineering Co., Inc.; August 5, 2014 request from Mr. DiCenzo to continue the public hearing to September 16, 2014; September 16, 2014 request from Mr. DiCenzo to continue the public hearing to October 21, 2014. Mr. Mackie noted this hearing was continued from August 5, 2014. The applicant was asked to submit a revised the plan, separating the above - ground pool from the deck, making the pool a free - standing structure to comply with the required 5 -foot setback from the rear property line and 10 feet from the deck /house. Associate Member Darlene Pruitt was appointed a voting member for this hearing. There was no Planning Board letter. Homeowner Jeffrey DiCenzo and contractor Mark Sullivan presented a revised plan showing the unpermitted portion of the deck being removed and a portion of the existing deck, which was permitted with the original house, remaining. The setback from the existing deck to the existing above - ground swimming pool is 6.1 feet where 10 feet is required. The existing pool is in compliance with the required rear yard setback. The proposed new deck addition to the right and back of the pool, which will not connect to the house, will be 5.3 feet from the rear property line, in compliance with the Zoning By -Law. Mr. DiCenzo asked if he could add a set of stairs to the proposed deck to provide access to the pool. Mr. Mackie said this is a good plan. Mr. Shannon made the motion to grant a Variance from Section 3.8.1A, Accessory Uses, Yards and Coverage, of the Zoning By -Law, for the construction of a deck with less than the required setback from an accessory structure (swimming pool) at 16 Jake's Way (Assessor's Map 32, Parcel 208) in the Residential 1 (111) zone per the plan, "Assessors Map 32, Parcel 208 Certified Plot Plan of Land in Mansfield, MA ", dated June 3, 2014, revised October 6, 2014, prepared by RIM Engineering Co., Inc. Ms. Pruitt seconded the motion. Discussion: 1 Mr. Luca said even though relief is still needed, this is a good compromise and is consistent with what has been requested and approved elsewhere in this neighborhood. He noted the proposed new deck is in compliance with the Zoning By -Law. Mr. Mackie said the existing deck would be detached from the pool and there are no changes to the scope of work approved in the building permit. Motion passed 4 -1 -0. Hearing ended at 7:35 pm. 3. Karl /Bill Clemmey, 33 Henry Street, Map 21, Parcel 73. The application of Karl /Bill Clemmey is for a Variance from Sections 1.5.17a, Lot Width; 4.2.1, Lot Area, Lot Frontage, Side Setback; 1.5.15, Corner Lot Front Setback, of the Zoning By -Law, to allow for the creation of a lot with less than the required lot width, lot area, lot frontage, side and corner lot front setbacks at 33 Henry Street (Assessor's Map 21, Lot 73) in the Residential 2 (112) zone. The following documents were introduced at the public hearing: Application for Finding, filed with the Town Clerk's Office September 17, 2014; copy of the public hearing notice; "Zoning Plan 33 Henry Street" dated August 28, 2014 and revised October 26, 2014, prepared by Hutchins - Trowbridge Associates, Inc. Associate Member Darlene Pruitt was appointed a voting member for this hearing. There was no Planning Board letter. Mr. Willliam Clemmey and Mr. Karl Clemmey were present. William Clemmey explained this lot was originally zoned as a Business 3 Zone (B3), and because the setbacks and lot size required in a B3 Zone made the lot unbuildable, he asked that the lot be re- zoned. With the support of the Planning Board, an article was presented and approved at the 2014 Annual Town Meeting to change this lot from a B3 Zone to a Residential 2 (132) Zone. He said he has owned the vacant lot, which dates back to 1904, for 40 years and it has never been combined with any adjoining land. He said the lot existed prior to the adoption of zoning in 1953 and meets the state's minimum requirements of a 5,000 square -foot lot with 50 feet of frontage. The proposed house would meet the current rear yard setback requirement of 30 feet. Mr. Clemmey said the house will be located further away from the street but closer to the commercial property on the east side of the lot. He is asking for a 12 -foot setback where 15 feet is required. He said he has talked with the owner of this abutting property, who is agreeable to this setback. A fence will be installed to separate the residential lot from the commercial propertys parking lot. Mr. Clemmey said because this is a corner lot, 30 -foot setbacks are required on both Henry and Fowler Streets. He is proposing a 12 -foot setback from the lot line on Henry Street, but with an additional 5 -7 feet of town -owned land between the lot line and Henry Street, there would be up to a 19 -foot setback from the road to assure safety. On Fowler Street, Mr. Clemmey is requesting a 24 -foot setback from the property line with an additional six feet to the edge of pavement. He said there are many existing lots in the immediate area and throughout the town with similar lot sizes, houses and setbacks. Mr. Clemmey said the corner lot, the size of the lot and the roadway layout all contribute to the hardship. He said the trees and rocks on the corner of Fowler Street and Henry Street will be removed to improve visibility. 2 Mr. Clemmey said he was granted a similar variance for the house lot across the street, 55 Fowler Street, and has received may compliments on the house and landscaping. Ms. Garber - Miller said there is a discrepancy between the plan and the narrative and asked that a revised plan be submitted. Stacie Hooper, 73 Campbell Street, said she was concerned about the reduced lot area and setbacks on a corner lot. She said she feels there are safety issues with the proximity of the house and landscaping to the road and asked if a metal barrier could be added as a buffer between the commercial properties and the house lot. She said she is against this project. Mr. Mackie said this is a corner lot in a residential neighborhood and there are by -laws against putting structures or landscaping within a certain distance of a road. Mr. Clemmey said there is a row of trees between the parking lot and the property line and he will install a fence to provide privacy between the house and the commercial building. He said the house would be a benefit to the neighborhood and provide additional tax revenue to the town. Ralph Penney of 336 Maple Street said he recently purchased the property at 1 Fowler Street and would like to see a house on this lot because it is vacant land that has not been maintained. He said he supports the project. Attorney Edward Valanzola, representing abutting property owner Wendy's, said the applicant has worked with his client, they are comfortable with the application and support the plan. Ms. Garber - Miller made the motion to grant a Variance from Sections 1.5.17a, Lot Width; 4.2.1, Lot Area, Lot Frontage, Side Setback; 1.5.15, Corner Lot Front Setback, of the Zoning By -Law, to allow for the creation of a lot with less than the required lot width, lot area, lot frontage, side and corner lot front setbacks at 33 Henry Street (Assessor's Map 21, Lot 73) in the Residential 2 (112) zone, pending the submittal of a revised plan. Mr. Luca seconded the motion. Discussion: Mr. Luca noted the applicant has owned the property for 40 years, the lot pre -dates zoning, is in an older neighborhood and similar requests have been granted in this area. Ms. Garber - Miller said the grid of the neighborhood shows many narrow, small house lots. She noted the applicant was granted relief on the lot at 55 Fowler Street. Mr. Mackie said it would be better to have a house than an empty, overgrown lot and it will be no different than the other houses in the neighborhood. Mr. Cummings agreed it is better to have a house on the lot. Mr. Shannon said the development of the lot would be a benefit to the neighborhood. Motion passed 5 -0 -0. Hearing ended at 8:07 pm. 4. David Salomaa and Susan Salomaa, 8 Jewell Street, Map 6, Parcel 47. 3 The application of David Salomaa and Susan Salomaa is for a Variance from Section 4.2.1, Frontage; 1.5.17a, Lot Width; and 4.2.1, Lot Area, of the Zoning By -Law to allow for the creation of a lot with less than the required frontage, lot width and lot area at 8 Jewell Street (Assessor's Map 6, Parcel 47) in the Residential 1 (Rl) zone. The following documents were introduced at the public hearing: Application for Finding, filed with the Town Clerk's Office September 18, 2014; copy of the public hearing notice; "Plan of Land in Mansfield, MA ", 8 Jewell Street, dated September 8, 2014 and revised October 31, 2014, prepared by RIM Engineering co., Inc. Associate Member Darlene Pruitt was appointed a voting member for this hearing. There was no Planning Board letter. Attorney Edward Valanzola explained the two properties, 8 Jewell Street (Lot 1) and 0 Williams Street (Lot 2) have been in the Salomaa family since 1959 when Billie Mabry and her husband purchased the property and constructed a single - family house at 8 Jewell Street. The house lot complied with zoning prior to 1989, when the requirements changed from 120 feet of frontage to 150 feet and the required lot area from 30,000 to 45,000 square feet. The vacant lot on Williams Street has always complied in all respects to the Zoning By -Law, with 270 feet of frontage and 65,530 square feet of area. The applicant is not seeking any relief for this lot. Attorney Valanzola said the By -Law changed again in 1994, requiring 200 feet of frontage with 60,000 square feet of area. In 1995, Mr. Salomaa purchased the house from his mother who applied for and was granted a Variance for the Jewell Street lot. Attorney Valanzola said it is Building Inspector Nicholas Riccio's opinion the 1995 Variance has lapsed. Attorney Valanzola said he disagrees because the 1995 Variance was not for the Williams Street property. He explained the owners want to separate the vacant lot from the existing house lot, which is consistent with the house lots on this street, so they can be sold as two properties; the separation would not create a new non - compliant lot. Ms. Garber - Miller asked why the two lots were not merged, since they have been under the same ownership. She said when the Variance was issued in 1995, Mrs. Mabry was re- marrying and in order to take advantage of the one -time tax exclusion, she was going to sell both lots to her son and daughter -in -law, who planned to live in the Jewell Street house while constructing a new home on the Williams Street lot. The Jewell Street house would then be sold. Mr. and Mrs. Salomaa did not move forward with this plan. Ms. Garber - Miller said the 1995 Variance has expired. Attorney Valanzola said the options are to appeal the Building Inspector's decision or, because the circumstances have not changed, ask the Board to reaffirm the Variance granted by a 5 -0 vote in 1995. He said if the Variance is granted, the applicant will act within a year to separate the lots. Mr. Mackie said there is already a Variance for 8 Jewell Street (Lot 1), so no action needs to be taken. Mr. Luca said the ownership of the two lots needs to be changed. Michael Anderson, 225 Tremont Street, said he would support anything that would help improve the vacant lot on Williams Street. Kathy Finer, 100 Jewell Street, said there will be no changes to 8 Jewell Street, so the neighborhood will not be affected, and granting the Variance will allow for a house to be built on the vacant Williams Street lot, which would be an improvement. 0 Carol Lucas, 100 Williams Street, said this would be an improvement for Williams Street and she is in favor of granting the Variance. Karl Chambers, 33 Jewell Street, said granting the Variance would allow the Williams Street lot to be developed. He asked if the 8 Jewell Street lot would stay the same. Mr. Mackie said any changes to the footprint of the property would require a public hearing because it would be a change to a pre- existing, non - conforming condition. Mr. Chambers said he is in favor of the application because it would be a benefit to the neighborhood. Ms. Pruitt said there is a mistake on the plan and a revised plan will have to be submitted Mr. Luca made the motion to grant a Variance from Section 4.2.1, Frontage; 1.5.17a, Lot Width; and 4.2.1, Lot Area, of the Zoning By -Law to allow for the creation of a lot with less than the required frontage, lot width and lot area at 8 Jewell Street (Assessor's Map 6, Parcel 47) in the Residential 1 (R1) zone, pending the submittal of a revised plan. Ms. Garber - Miller seconded the motion. Discussion: Mr. Luca said the same Variance was granted in 1995, they are not creating a new non - conforming lot and no changes will be made to the Jewell Street property. He said the only action to be taken is to separate the ownership of the two lots. Motion passed 5 -0 -0. Hearing ended at 8:32 pm. 5. Correspondence: 6. New Business: 7. Old Business: Mr. Shannon made the motion to accept the September 16, 2014 minutes as written. Ms. Pruitt seconded the motion. Motion passed 4 -0 -1. 8. Adjournment: Motion to adjourn at 8:45 pm: Pruitt /Garber - Miller. Motion passed. Next meeting will be November 18, 2014 at 7:30 pm. 15 Elisabeth Garber - Miller, Clerk Date 61