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HomeMy WebLinkAboutZBA080420151_201510051253Town of Mansfield Zoning Board of Appeals August 4, 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; Philip Shannon; Darlene Pruitt; Associate Member Aaron Gallagher. 1. Meeting called to order at 7:30 pm. 2. Bret & Patricia Zecher, 3 Otis Street, Map 7, Parcel 65. The Chair read the public hearing notice for the application of Bret and Patricia Zecher for a Variance from Sections 4.2.1, Density and Dimensional Regulations, Frontage and 1.5.17a, Lot Width of the Zoning By -Law to allow for the creation of a lot with less than the required lot frontage and lot width (Assessor's Map 7, Parcel 65) 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 26, 2015; a copy of the public hearing notice; "Zoning Plan Otis Street ", dated June 3, 2015, prepared by Hutchins - Trowbridge Associates, Inc. Mr. Mackie appointed Associate Member Aaron Gallagher as a voting member for this hearing. Michael Trowbridge, Hutchins - Trowbridge Associates, Inc., explained the property has been owned by the Zecher family for 52 years and this lot was created in 1972 as surplus land. He said the applicant, Bret Zecher, has owned the lot for 12 years and it is currently being used for agricultural purposes. Mr. Trowbridge said the applicant is seeking dimensional relief for frontage and lot width for a single - family house lot on 13 +/- acres. Aaron Roth, 210 Otis Street, said he would like the hill between his driveway and Mr. Zecher's right -of- way to be preserved because it is a crucial part of his front yard landscaping. Mr. Trowbridge said they would try to minimize any grading in that area and will make every effort to save the dogwood tree. Mr. Trowbridge said the property owner at 250 Otis Street, James Betts, is concerned about the existing trees that provide privacy between the existing driveway and his property line. Mr. Trowbridge said those trees will not be cut and a 25 -foot no touch zone will be left between Mr. Zecher's property and the rear property lines at 250, 260, 270 and 280 Otis Street. The 25 -foot no touch line will be recorded in a deed restriction. He said the proposed house will be approximately 500 feet from any abutting property. Mr. Trowbridge said Mr. Zecher could divide this property into two or three house lots with a subdivision roadway and cul -de -sac, which the town would have to maintain. He said this is an oddly - shaped lot surrounded by rivers, wetlands and railroad tracks and Mr. Zecher is only asking for one house lot on 13 +/- acres; he said the applicant has tried to mitigate any potential impacts to the neighborhood. John Anderson, 270 Otis Street, asked why Mr. Zecher can now build on this lot; he said when he purchased his property in 1975, he was told this parcel could not be built on. He asked if additional land to the left of the property would be needed to allow for the access road and utilities. Mr. Trowbridge said Mr. Zecher owns the 40.00'x50.46' parcel of land to the left and the access road will accommodate any utilities. Mr. Anderson asked if additional lots could be developed. Mr. Trowbridge said the applicant would have to reapply for additional relief to divide the property again. Mr. Gallagher made the motion to approve application of Bret and Patricia Zecher for a Variance from Sections 4.2.1, Density and Dimensional Regulations, Frontage and 1.5.17a, Lot Width of the Zoning By- Law to allow for the creation of a single - family house lot with less than the required lot frontage and lot width (Assessor's Map 7, Parcel 65) in the Residential 1 (Rl) zone, in accordance with the "Zoning Plan Otis Street ", dated June 3, 2015, prepared by Hutchins - Trowbridge Associates, Inc. Mr. Shannon seconded the motion. Discussion: Mr. Gallagher said this application is for one single - family house on 13 acres of land and there are buffers in place for privacy between the properties. Ms. Garber - Miller said the hardship was created many years ago on land bordered by railroad tracks, wetlands and riverfront. Mr. Mackie noted the Board has granted variances in the past for other properties similar to this lot. Motion passed 5 -0 -0. Hearing ended at 7:40 pm. 3. James and Carol Mayall, 511 Gilbert Street, Map 4, Parcels 122 & 123. The Chair read the public hearing notice for the application of James and Carol Mayall for a Variance from Sections 4.2.1, Density and Dimensional Regulations, Frontage and Area, and 1.5.17a, Lot Width of the Zoning By -Law to allow for the creation of a lot with less than the required lot frontage, area and lot width at 511 Gilbert Street (Assessors Map 4, Parcels 122 & 123) 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 June 26, 2015; a copy of the public hearing notice; "Zoning Plan Gilbert Street Mayall Property", dated June 24, 2015, prepared by Hutchins - Trowbridge Associates, Inc. Mr. Mackie appointed Associate Member Aaron Gallagher as a voting member for this hearing. Michael Trowbridge, Hutchins - Trowbridge Associates, Inc., representing Mr. and Mrs. Mayall, said these are two distinct and separate lots, one with an existing single family home and the other a vacant lot. He explained the lots were created in the 1960s with two different owners and have always been assessed and valued as separate buildable lots. Upon a death in the family, the vacant lot was deeded in contiguous ownership. He said the applicant is proposing to construct a single - family home on the vacant lot. Mr. Trowbridge said each lot has 150 feet of frontage with approximately 32,000 square feet of area, where 200 feet of frontage and 60,000 square feet of area is required. He said the proposed house will meet the 75 -foot front yard setback required on a scenic road. Mr. Trowbridge said long -time neighbors William and Deborah Barrows are the only abutters to this property, and if the variance is granted, Mr. Barrows' daughter and son -in -law plan to build on this property to be close to their family. Deirdre Gendron, 510 Gilbert Street, said she completely supports the project. Mr. Shannon made the motion to approve the application of James and Carol Mayall for a Variance from Sections 4.2.1, Density and Dimensional Regulations, Frontage and Area, and 1.5.17a, Lot Width of the Zoning By -Law to allow for the creation of a lot with less than the required lot frontage, area and lot width at 511 Gilbert Street (Assessors Map 4, Parcels 122 & 123) in the Residential 1 (111) zone, in accordance with the "Zoning Plan Gilbert Street Mayall Property ", dated June 24, 2015, prepared by Hutchins - Trowbridge Associates, Inc. Ms. Pruitt seconded the motion. Discussion: Mr. Shannon noted this proposal will not be detrimental to the neighborhood. Mr. Mackie said the lots have always been considered two separate buildable lots Motion passed 5 -0 -0. Hearing ended at 7:50 pm. 4. Stephen Gallant, 6 Carol Road, Map 13, Parcel 67. The Chair read the public hearing notice for the application of Stephen Gallant for a Variance from Section 4.2.1, Rear Yard Setback, of the Zoning By -Law to allow for the construction of a deck with less than the required rear yard setback at 6 Carol Road (Assessor's Map 13, Parcel 67) in the Residential 1 (R1) zone. The following documents were introduced at the public hearing: Application for Variance, filed with the Town Clerk's office June 29, 2015; a copy of the public hearing notice; "Conservation Plan 6 Carol Road ", dated March 19, 2013, revised June 12, June 26, 2013 and August 6, 2015, prepared by Hutchins - Trowbridge Associates, Inc. Mr. Mackie recused himself from this hearing because he is an abutter to the property. Ms. Garber - Miller was appointed Chair, Ms. Pruitt was appointed Clerk and Associate Member Aaron Gallagher was appointed a voting member for this hearing. Ms. Garber - Miller noted there were only four members present for this hearing, so a decision would have to be unanimous. If the application were to be denied, the applicant would not be able to reapply for relief for two years without significantly changing the plan. She explained the applicant has the option to go forward tonight or to continue the public hearing until a full board is present. Mr. Gallant said he would like to proceed with the hearing. Mr. Gallant explained he will remove the existing 10'x12' deck and replace it with a 14'x16' deck, which will be 23.5 feet to the rear property line where 40 feet is required. Mr. Gallant said the property abuts conservation land and the deck footprint was approved by the Conservation Commission as part of an Order of Conditions filed in 2013. Ms. Garber - Miller asked if a variance was granted for the existing deck. Mr. Gallant said the deck was there when he purchased the property in 2008. Ms. Garber - Miller said the plan submitted shows a 16'x20' deck, not a 14'x16' deck, and requested an updated, stamped plan be submitted showing the location of all structures on the property, the measurements of the proposed deck and all setbacks. The 14'x16' deck will be 25.5 feet from the property line. Mr. Kevin Mackie, 10 Gale Lane [speaking from the audience], said the deck will be located at the back of the house, noted the closest abutter on the right side of the property is 500 feet away and the property is bordered on the back and right side by Natural Resources Trust -owned land in The Great Woods. Mr. Shannon asked if the Board could vote to approve the application subject to the submission of a revised, stamped plan. Mr. Shannon made the motion to approve the application of Stephen Gallant for a Variance from Section 4.2.1, Rear Yard Setback, of the Zoning By -Law to allow for the construction of a deck with less than the required rear yard setback at 6 Carol Road (Assessors Map 13, Parcel 67) in the Residential 1 (R1) zone, subject to the submission of a revised, stamped plan showing the correct measurements of the proposed deck and setbacks, per the plan, "Conservation Plan 6 Carol Road ", dated March 19, 2013, revised June 12, 2013 and June 26, 2013. [Revised plan submitted August 6, 2015). Ms. Pruitt seconded the motion. Discussion: Mr. Gallagher said the deck is located at the back of the property and he does not have a problem with the application. Ms. Garber - Miller said there are no close abutters and she does not have an issue with the application. Motion passed 4 -0 -0 Hearing ended at 8:15 pm. 5. Site Enhancement Services /Patrick Huyge, 296 Chauncy Street, Map 20, Parcel 185. Because the ad for the application of Site Enhancement Services /Patrick Huyge, for a Variance from Section 4.7.1.1, Wall Sign, of the Zoning By -Law to allow for one 176 square -foot wall sign and one 119.2 square -foot wall sign; and a Variance from Section 4.7.1.2 Freestanding Sign to allow one 69.8 square - foot freestanding sign at 296 Chauncy Street was not properly advertised, the hearing could not be opened. The hearing will be re- advertised for the September 15, 2015 meeting. Patrick Huyge said the businesses plan to open in September and asked if banners and signs could be temporarily added to the site. Mr. Mackie said temporary signs and banners can be displayed for one year, the size of the temporary signs not to exceed thirty -two square feet per side. 6. Correspondence: 7. New Business: 8. Old Business: Motion to approve of May 5, 2015 minutes: (Mr. Shannon /Ms. Pruitt) Motion passed 4 -0 -1. 9. Adjournment: Motion to adjourn at 8:30 pm. (Mr. Shannon /Ms. Pruitt) Motion passed. Next eting-wi be September 15, 2015 at 7:30 pm. Elisabeth Garber - Miller, Clerk Date