Loading...
HomeMy WebLinkAboutZBA03032015_201510220728Town of Mansfield Zoning Board of Appeals March 3, 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; Associate Member Aaron Gallagher. 1. Meeting called to order at 7:30 pm. 2. Elizabeth Clemmey, Bill Clemmey, Quirk Trust LLC, Robin Hill Road, Map 22, Parcel 66 The application of Quirk Trust, Elizabeth Clemmey and Bill Clemmey is for a Variance from Sections 1.5.17a, Lot Width and 4.2.1, Lot Area and Lot Frontage, of the Zoning By -Law to allow for the creation of a lot with less than the required lot width, lot area and lot frontage at Lot 4 Robin Hill Road (Assessor's Map 22, Parcel 66) 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 January 21, 2015; a copy of the public hearing notice; letter dated February 20, 2015 from Thomas and Mary Fitzgerald, 99 Pratt Street; Memorandum in opposition, a history, and legal documents submitted by Charles Mulcahy, 11 Robin Hill Road; a petition, dated March 3, 2015, signed by supporters of the Variance; "Proposed House Location Plan at Hse. No. 13 Robin Hill Road ", dated January 13, 2015, prepared by RIM Engineering Co., Inc. There was no Planning Board letter Elizabeth Clemmey explained she would like to build a small single - family home on the residential lot her family recently purchased. William Clemmey said he is seeking a Variance for Frontage, Area and Width only; the lot meets all other zoning requirements. Mr. Clemmey said according to the town's GIS Department there are 663 houses in the Town of Mansfield on lots smaller than 15,000 square feet. He noted this lot was created 50 years ago, before current zoning was implemented in 1989 and the lot is similar in size to almost every lot in the neighborhood, with similar widths and frontage. He said the odd shape of the lot and the street layout presents a hardship; the parcel sits on a paper street at the end of Robin Hill Road where a portion of the roadway was never completed. The lot area is 12,546 square feet, lot frontage is 100 feet and lot width is 90 -135 feet, where 22,500 square feet of area, 150 feet of frontage and width are required. He said most of the existing house lots would require similar Variances from lot area, frontage and width. Mr. Clemmey said the water and sewer connections are in place and the lot has been taxed as a buildable lot. He said the granting of relief would not result in any substantial detriment to the neighborhood. Ms. Garber - Miller read a letter dated February 20, 2015 from Thomas and Mary Fitzgerald, 99 Pratt Street, into the record. Mr. and Mrs. Fitzgerald are opposed to the grant of the Variance. 1 Mr. Clemmey submitted a petition dated March 3, 2015, signed by supporters of the Variance. Public comments: Charles Mulcahy, 11 Robin Hill Road, presented a brief synopsis of the history and legal issues regarding Lot 4 Robin Hill Road, Map 22, Parcel 66. He submitted a memorandum in opposition to the granting of the Variance and legal documents, along with case law. James Johnson said he opposes the granting of the requested Variance. Duncan Stowell, 104 -106 Pratt Street, said Mr. Clemmey is asking for three (3) Variances for a lot that does not qualify under current zoning. Leo Roy, Jr., 105 Pratt Street, said when the Town of Mansfield changed the Zoning By -Law for the R2 District, it was to create less density and more open space. He said if the Variance is granted, it would diminish the property values of the neighborhood and he is opposed to the granting of the Variance. Mr. Clemmey said the house foundation would be within the required setbacks for the R2 District and the house would meet all setbacks required, more than most of the existing houses in the neighborhood. Considering the size of the lot and the proposed house, this will not affect the property values in the neighborhood. Mr. Clemmey, after consulting with family members, asked to be allowed to withdraw the application of Lot 4, Robin Hill Road without prejudice. Ms. Pruitt made the motion to accept the request to withdraw the application for a Variance from Sections 1.5.17a, Lot Width and 4.2.1, Lot Area and Lot Frontage, of the Zoning By -Law to allow for the creation of a lot with less than the required lot width, lot area and lot frontage at Lot 4 Robin Hill Road (Assessor's Map 22, Parcel 66) in the Residential 2 (112) zone, without prejudice. Mr. Luca seconded the motion. Motion passed 5- 0 -0. Hearing ended at 7:55 pm. 3. Correspondence: 4. New Business: 5. Old Business: 6. Adjournment: Motion to adjourn at 8:05 pm. (Pruitt /Luca) Motion passed. Next meeting will be April 7, 2015 at 7:30 pm. S Elisabeth arber- Miller, Clerk Date 2