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HomeMy WebLinkAboutZBA_01062015_201503051154Mansfield Zoning Board of Appeals Minutes January 6, 2015 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; Phillip Shannon; Darlene Pruitt. 1. Dinesh Patel, 4 South Main Street, Map 27, Parcel 134. The application of Dinesh Patel is for a Finding /Variance /Special Permit from Sections 3.10.4A, 4.7.1.2, 4.7.3.1, 4.7.5.5 and 5.7.5.6 of the Zoning By -Law for the alteration of a pre- existing, non - conforming sign at 4 South Main Street (Assessor's Map 27, Parcel 134) in the Business 2 (62) zone. The following documents were introduced at the public hearing: Application for Variance, filed with the Town Clerk's office November 25, 2014; a copy of the public hearing notice; 4'x4' Back -to -Back Sign ", dated August 21, 2013, prepared by Federal Heath Sign Company. There was no Planning Board letter. Michael Trowbridge, Hutchins - Trowbridge Associates, Inc., representing applicant Dinesh Patel explained the layout and overall size of the sign will not change. An existing 4'x4' panel will be removed and replaced with a 4'x4' digital panel so the display can be changed electronically. Mr. Trowbridge said the sign will not flash or be animated. Ms. Garber - Miller made the motion to grant the application for a Variance /Special Permit from Sections 3.10.4A, 4.7.1.2, 4.7.3.1, 4.7.5.5 and 5.7.5.6 of the Zoning By -Law for the alteration of a pre- existing, non- conforming sign at 4 South Main Street (Assessors Map 27, Parcel 134) in the Business 2 (132) zone, as per the plan dated August 21, 2013, prepared by Federal Heath Sign Company. Mr. Luca seconded the motion. Discussion: Ms. Garber - Miller said there is a safety issue with having to change the prices manually because of the property's many exists and entrances; she said the new panel will be an improvement. Motion passed 5 -0 -0. Hearing ended at 7:36 pm. 2. John and Phyllis Stanovitch, 200 Old Elm Street, Map 6, Parcel 59. The application of John and Phyllis Stanovitch is for a Variance from Section 4.2.1, Side Yard Setback, of the Zoning By -Law for the construction of a deck with less than the required side yard setback at 200 Old Elm Street (Assessors Map 6, Parcel 59) 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 November 25, 2014; a copy of the public hearing notice; "Zoning Plan 200 Old Elm Street ", dated November 25, 2014, prepared by Hutchins - Trowbridge Associates, Inc. There was no Planning Board letter. Michael Trowbridge, Hutchins- Trowbridge Associates, Inc., representing John and Phyllis Stanovitch, explained the original house was built in 1950 and Mr. Stanovitch has owned the property for six years. He said the applicant is proposing to build a 10'x21.5' deck with a landing and stairs, which will be no closer to the property line than the original house. Mr. Trowbridge said there are many constraints on the lot because the property is bordered by three streets and the odd shape of the lot and an intermittent stream running through the property create a hardship. He said the new house is smaller than the original house and has been turned sideways to meet the Conservation buffer requirement. He said this is an improvement from the property's original conditions. Ms. Garber - Miller made the motion to grant the Variance from Section 4.2.1, Side Yard Setback, of the Zoning By -Law for the construction of a deck with less than the required side yard setback at 200 Old Elm Street (Assessors Map 6, Parcel 59) in the Residential 1 (111) zone, as shown of the plan, "Zoning Plan 200 Old Elm Street ", dated November 25, 2014. Mr. Luca seconded the motion. Discussion: Ms. Garber - Miller noted there is no other location for the proposed deck, and the hardship is the soil, and the shape and topography of the lot. She said this is an improvement to the property. Motion passed 5 -0 -0. Hearing ended at 7:50 pm. 3. William McDermott, 575 North Main Street, Map 19, Parcel 45. This application of William McDermott is for a Finding /Variance from Section 4.2.1, Minimum Lot Area, of the Zoning By -Law to allow for the reconstruction of a pre- existing, non - conforming two - family home with less than the required lot area at 575 North Main Street (Assessor's Map 19, Parcel 45) in the Residential 3 (113) zone The following documents were introduced at the public hearing: Application for Variance, filed with the Town Clerk's office December 1, 2014; a copy of the public hearing notice; "Proposed Two - Family Dwelling Plot Plan ", dated November 25, 2014, prepared by Decelle Burke & Associated, Inc., photos of the property submitted by Mr. McDermott. There was no Planning Board letter The applicant, William McDermott, said this is a pre- existing, non - conforming two - family house that was built in the early 1800s. He said originally he planned to renovate the house but the house was determined to be structurally unsafe and will be removed. Mr. McDermott is proposing to build a two - family duplex on a 9,600 square -foot lot, 4,800 square feet per unit, where 7,500 square feet per unit is required. The rear yard setback will be 16.5 feet where 30 feet is required. Mr. McDermott said he meets all the other zoning setbacks. He is proposing 68% Open Space and there will be two parking spaces per unit as required. He said there will be a 20% increase in impervious surface. Mr. Mackie noted this is a Finding because it is a pre- existing, non - conforming condition. He said because the plan does not show the existing conditions of the property, a new plan will need to be submitted showing existing and proposed conditions. He suggested Mr. McDermott ask for a continuance and submit a modified plan for the next meeting. James Rathbun, 93 Otis Street, said he disagrees this application is a Finding because once Mr. McDermott removes the existing building it is no longer a pre- existing, non - conforming condition and a Variance would be required. He said Mr. McDermott does not have all the setbacks required by the Zoning By -Law as he stated. Ms. Garber - Miller said because the existing conditions are not shown on the plan, the Board cannot make a decision on the application without a plan that reflects both existing and proposed conditions. Mr. McDermott requested the hearing be continued to February 3, 2015. Hearing ended at 8:07 pm. 4. John Riccio, Sr., Lot 3, McKenzi Lane, Map 7, Parcel 131. The application is for a Variance from section 4.2.1, Minimum Frontage, Area and Lot Width, of the Zoning By -Law for the creation of one lot with less than the required frontage, area, and lot width at "Lot 3 McKenzi Lane ", (Map 7, Parcel 131) 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 December 3, 2014; a copy of the public hearing notice; "Zoning Plan Lot 3 McKenzi Lane ", dated October 28, 2014, prepared by Hutchins - Trowbridge Associates, Inc. There was no Planning Board letter. Michael Trowbridge, Hutchins - Trowbridge Associates, Inc. explained this is a lot off Elm Street. He gave a brief history of the property. In 1959, a plan was approved for three lots to the south of the existing house. A preliminary sub - division plan was submitted to the Planning Board in the 1980s to protect the 30,000 square -foot lots. In 1989 there was a taking of several acres of land, and with the ensuing lawsuits with the town, the 30,000 square -foot lot sub - division never went forward and, due to zoning changes, the protection under the preliminary sub - division and Form A no longer existed. In 2012, an ANR plan was submitted to create one 60,000 square -foot lot to the south of the existing house where there was previously 3 lots. The remaining land has 49,474 square feet of area and 150 feet of frontage. Mr. Trowbridge said although the lots on this site are much larger than the lots in the surrounding area in size and frontage, most of the lots in Partridge Lane have 120 feet of frontage with 30,000 square feet of area and the lots on McKenzi Lane, a cluster subdivision, are 25,000 square -foot lots with 100 feet of frontage. Mr. Trowbridge said this parcel is the last developable property in this area. Shawn Ganglani, 585 Elm Street, said he had no problems with the proposed house, but was concerned about drainage and flooding on his property because the proposed house lot is lower than the surrounding properties and would have to be raised to the level of the existing houses. Mr. Trowbridge said Mr. Riccio, for recharge purposes, would be willing to install a stone trench /swale along the driveway to address the flooding concerns and roof drains into drywells will be installed to take care of surface water. Mr. Trowbridge said the proposed house would have at least 40 -foot front and rear setbacks and 35 -foot side yard setbacks. Mr. Luca made the motion to grant a Variance from section 4.2.1, Minimum Frontage, Area and Lot Width, of the Zoning By -Law for the creation of one lot with less than the required frontage, are and lot width at "Zoning Plan Lot 3 McKenzi Lane ", (Map 7, Parcel 131) dated October 28, 2014, prepared by Hutchins - Trowbridge Associates, Inc., in the Residential 1 (R1) zone, as per the plan, "Zoning Plan Lot 3 McKenzi Lane ", dated October 28, 2014, prepared by Hutchins - Trowbridge Associates, Inc. Mr. Shannon seconded the motion. Discussion: Mr. Luca said this is an oddly- shaped, stand - alone, pre- existing, non - conforming lot. He noted there are other areas in town that have much smaller lots. Motion passed 5 -0 -0. Hearing ended at 8:40 pm. 5. Correspondence: 6. Old Business: Minutes of October 21, 2014, November 18, 2014 and December 2, 2014. Mr. Luca made the motion to accept the minutes of October 21, 2014, November 18, 2014 and December 2, 2014 as written. Ms. Garber - Miller seconded the motion. Motion passed 5 -0 -0. 7. New Business: 8. Adjournment: Motion to adjourn at 8:45 pm. Shannon /Pruitt. Passed. Next meeting will be February 3, 2015 at 7:30 pm. bra Elisabeth Garber - Miller, Clerk Date