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.
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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
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