Loading...
HomeMy WebLinkAboutZBA06092015_201510220725Town of Mansfield Zoning Board of Appeals June 9, 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; Darlene Pruitt; Associate Member Matthew Cummings. 1. Meeting called to order at 7:30 pm. 2. Walsh Brothers Building Company, Inc., 52 Willow Street, Map 12, Parcel 27. The Chair read the public hearing notice for the application of Walsh Brothers Building Company, Inc. for a Variance from Section 3.0 and 3.1 of the Zoning By -Law for the construction of a common driveway at 52 Willow Street (Assessor's Map 12, Parcel 27) in the Residential 2 (112) zone. The following documents were introduced at the public hearing: Application for Variance, filed with the Town Clerk's office March 11, 2015; a copy of the public hearing notice; "Zoning Board of Appeals Plan ", dated September 26, 2014, prepared by Bay Colony Group, Inc. Mr. Mackie appointed Associate Member Matt Cummings as a voting member for this hearing. Attorney James Brady, representing owner John Walsh, said the Zoning By -Law does not specifically allow common driveways except through a variance. He explained there are four Form A lots on this parcel and the proposed driveway would provide access to Lots 20 and 21, avoiding the need for a second stream crossing. The project has been reviewed and approved by the Conservation Commission. He said in 2011 the Board approved a similar variance for a common driveway on Maple Street. He said the condition of the soil and topography of this site creates a hardship and approval of the variance will not derogate from the intent or purpose of the By -Law. Mr. Buckley, Bay Colony Group, Inc. , explained this seven -acre parcel of land is part of the Willowdale Golf Course on the west side of Willow Street. There is an intermittent stream flowing from the northern portion of the property through the site to the south, under the roadway and to Cabot Pond. He said in the fall of 2013 this project was presented to the town as a conventional subdivision for the property on the east side of Willow Street. A six -lot subdivision was proposed for the west side of Willow Street, requiring a wetland crossing for a roadway approximately 50 feet wide and 500 feet long, which the town would own and have to maintain. Because of the significant impact to the resource area the construction of the roadway would cause, an alternative to the subdivision was discussed with the Conservation Agent, Planning Board and Building Inspector and the plan revised for four Form A lots. Mr. Buckley said Lots 20 and 21 meet the required frontage, area and lot width of the Zoning By -Law; Lot 21 with 65,186± square feet of area and 150.05 feet of frontage, and Lot 20 with 61,305± square feet of area and 150.03 feet of frontage. Sharon Friedman, 29 Pleasant Street, asked how large the houses would be. Mr. John Walsh said they would be 2,800 -3,000 square -foot homes with 4 bedrooms and two and one half baths. 1 Mr. Luca made the motion to approve the application for Walsh Brothers Building Company for a Variance from Section 3.0 and 3.1 of the Zoning By -Law for the construction of a common driveway between Lots 20 and 21, Willow Street (Map 12, Parcel 27), as shown on the "Zoning Board of Appeals Plan ", dated September 26, 2015, prepared by Bay Colony Group, Inc. Mr. Cummings seconded the motion. Discussion: Mr. Luca noted there is a hardship due to the lot topography and said the common driveway would be less detrimental than a subdivision roadway. Mr. Cummings said this is a better plan. Ms. Pruitt said the common driveway is the better alternative. Motion passed 5 -0 -0. Hearing ended at 7:50 pm. 3. Chilson Avenue Dev LLC, Christopher Cunningham, Manager, 88 Chilson Avenue, Map 22, Lot 20. The Chair read the public hearing notice for the application of Chilson Avenue Dev LLC, Christopher Cunningham, Manager, for a Variance from Section 4.2.2, Density and Dimensional Regulations, Floor Area Ratio, of the Zoning By -Law to allow the construction of a 12 -unit residential building that exceeds the maximum Floor Area Ratio of Section 4.2.2, Density and Dimensional Regulations, Floor Area Ratio, of the Zoning By -Law to allow the construction of a 12 -unit residential building that exceeds the maximum Floor Area Ratio of .5 and seek a Floor Area Ratio of 0.641 at 88 Chilson Avenue (Map 22, Lot 20) in the Business 2 (82) Zone. The following documents were introduced at the public hearing: Application for Variance, filed with the Town Clerk's office April 8, 2015; a copy of the public hearing notice; E -mail from George Durgin, owner of 30 Chauncy Street Plaza (was not read at the public hearing); "Site Plan for 88 Chilson Avenue in Mansfield, MA ", dated February 17, 2015, prepared by RIM Engineering Co., Inc. Mr. Mackie appointed Associate Member Matthew Cummings as a voting member for this hearing. Mr. Cunningham said he rotated the buildings so the end units would face Chilson Avenue, which he said would fit better with the character of the neighborhood and make the buildings more visually appealing. Mr. Mackie asked if there would be changes to the building footprint after the site plan application is filed with the Planning Board. Mr. Cunningham said the footprint and the size of the buildings will not change, but said rotating the units has caused egress issues, requiring a larger footprint. He said there are issues with the layout of the buildings because of a town -owned drainage system on the site and because the parking has to be at the rear of the buildings. He said an easement will be provided for the drainage area. 3 Mr. Cunningham said the parking will be reduced from 31 to 25 spaces, reducing the amount of pavement on site. He said green space will be added between the two buildings as well as a 10 -foot green space in front of the buildings. Mr. Cunningham said increasing the floor area ratio to 0.641 would allow for the rotation of the units, resulting in a more visually appealing design and proper access. Mr. Mackie asked how long the Applicant has owned the building; Mr. Cunningham said he purchased the property in December 2014. Sharon Friedman, 29 Pleasant Street, asked about the look of the buildings and how the character of the neighborhood would be maintained. Mr. Cunningham said the residential buildings would be two stories, with two or three bedrooms per unit. Ms. Friedman said she is concerned about the amount of green space and the number of units. Mr. Cunningham said there will be a 28'x88' landscaped courtyard between the two buildings. Patricia O'Brien, 58 Pleasant Street, said there is no buffer shown between the properties for privacy. Mr. Cunningham said there will be a six -foot vinyl fence on three sides of the property. Ms. O'Brien asked if Mr. Cunningham was aware this area has flooded in the past; Mr. Cunningham said a drainage system would be installed. Patricia Clapp, 93 -95 Chilson Avenue, said she was concerned about the increase in traffic and asked if a traffic study had been done; Mr. Cunningham said a traffic sturdy has not been done. Mr. Mackie said a traffic study would not have been required. Pamela Vickers, 90 Park Street, asked what the separation would be from the shopping plaza parking area and the proposed building. Mr. Cunningham said there would be a 10 -foot wide walkway with a fence. Michael Eagan, 63 Pleasant Street, asked if the units would have two or three bedrooms. Mr. Cunningham said he presented a plan with three - bedrooms per unit and noted there would be one affordable unit. Mr. Eagan asked about the open space. Mr. Cunningham said there will be a 10 -foot green space in front of the building in addition to the landscaped courtyard. Mr. Eagan asked how many units Mr. Cunningham could build by right. Mr. Cunningham said there could be 12 units with two parking spaces per unit but that would not allow the front units to face the street. Mr. Mackie said Mr. Cunningham could build 12 units by decreasing the size of the units by 300 square feet and noted this request is for an increase of 28% over the maximum floor area ratio. Mr. Eagan said he thinks Mr. Cunningham wants the additional units for financial reasons and asked if this would be a viable project if it conformed to the By -Law. He said he is concern about the impacts to the neighborhood and he does not support the project. Ms. Friedman said because the buildings would be placed close to the roadway, the character of the neighborhood would not be maintained. She said she would like to see more green space between the buildings and the pavement. She said although it would not be economically feasible, it would be nice 3 to preserve the character of the surrounding neighborhoods. Mr. Mackie said there are no minimum setback requirements in a B2 zone as required in residential zones. Sandy Weber, 52 Pleasant Street, asked if there would be a fence along the driveway and where the dumpster would be located. Mr. Cunningham said there will be a fence on three sides of the property and the dumpster would be at the rear left side of the property but said the dumpster can be relocated to the right side. Mr. Cummings asked if there was an alternate plan that would conform to the maximum floor area ratio. Mr. Mackie said if units 1, 2 and 12 were eliminated, a variance would not be necessary. Mr. Cunningham said the alternative would be to have six narrower units, which he said would not be economically viable. Mr. Cummings made the motion to approve the application of Chilson Avenue Dev LLC, Christopher Cunningham, Manager, for a Variance from Section 4.2.2, Density and Dimensional Regulations, Floor Area Ratio, of the Zoning By -Law to allow the construction of a 12 -unit residential building that exceeds the maximum Floor Area Ratio of .5 and seeks a Floor Area Ratio of 0.641 at 88 Chilson Avenue, as per the plan presented, "Site Plan for 88 Chilson Avenue in Mansfield, MA ", dated February 17, 2015. Mr. Luca seconded the motion. Discussion: Mr. Cummings said a financial hardship is not a significant reason for the grant of a variance. Mr. Luca said while the plan with the units facing the street may fit better with the neighborhood„ he said he is concerned about creating a non - conforming lot out of a conforming lot when there is no hardship. Mr. Mackie said new construction should meet the requirements of the Zoning By -Law and noted an option would be to have four units in each building. Ms. Pruitt said there are other alternatives and there is no hardship. Ms. Garber - Miller noted there was no drainage information presented and she would have liked to see more green space. She said the lot is in a B2 district, but it abuts a residential neighborhood. She said she does not see any hardship with this lot. Motion failed 0 -5 -0. Hearing ended at 8:15 pm. 4. Richard and Lisa Hart, 183 York Road, Map 2, Parcel 319. The Chair read the public hearing notice for the application of Richard and Lisa Hart for a Variance /Finding from Section 4.2.1, Side Yard Setback, for an addition with less than the required side yard setback at 183 York Road (Map 2, Parcel 319) in the Residential 1 (R1) zone. 4 The following documents were introduced at the public hearing: Application for Variance, filed with the Town Clerk's office April 27, 2015; a copy of the public hearing notice; "As Built Plan 183 York Road ", date August 23, 2007 and revised on November 28, 2007, prepared by Hutchins - Trowbridge Associates, Inc. Mr. Mackie appointed Associate Member Matthew Cummings as a voting member for this hearing. Mr. Hart explained he would like to add a third bay to the existing garage, which would result in a side yard setback of 15.3 feet where 25 feet is required. He said the addition to the garage would add value to the house. Mr. Mackie asked if there were other options to eliminate the need for a variance. Mr. Hart said the option would be to not build the third garage bay. Mr. Hart said they have talked with their neighbors and they do not have any issues with the project. He said he has agreed to add a buffer between the garage and the direct abutter. Ms. Garber - Miller made the motion to approve the application of Richard and Lisa Hart for a Variance from Section 4.2.1, Side Yard Setback, of the Zoning By -Law for the construction of a garage addition with less than the required side yard setback at 183 York Road (Assessors Map 2, Parcel 319) in the Residential 1 (111) Zone, as shown on the "As Built Plan 183 York Road ", dated August 23, 2007 and revised November 28, 2007, prepared by Hutchins - Trowbridge Associates, Inc.. Ms. Pruitt seconded the motion. Discussion: Mr. Luca said while the addition of the third bay would fit with the character of the neighborhood, there is no hardship to justify granting the variance. Ms. Garber - Miller said this project would result in a significant encroachment to the side yard setback. Mr. Mackie said the Board denied a similar application three years ago and if this variance is granted, the character of the neighborhood would change. Mr. Cummings said there are other alternatives and no reason to grant the variance. Motion failed 0 -5 -0. Hearing ended at 8:25 pm. 5. Correspondence: 6. New Business: 7. Old Business: 5 8. Adjournment: Motion to adjourn at 8:45 pm (Garber - Miller /Pruitt) Motion passed 5 -0. Next meeting will be August 4, 2015 nl Elisabeth Garber - Miller, Clerk Date