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HomeMy WebLinkAboutZBA11172015_201512040931Town of Mansfield Zoning Board of Appeals November 17, 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: Elisabeth Garber - Miller, Acting Chair; David Luca, Acting Clerk; Darlene Pruitt; Philip Shannon; Associate Member Matthew Cummings. 1. Meeting called to order at 7:30 pm. 2. Sam Campbell, 51 Carpenter Avenue, Map 23, Parcel 34 The Chair read the public hearing notice for the application of Sam Campbell for a Finding /Variance from Section 3.10.4A of the Zoning By -Law for the change, extension or alteration of a pre- existing, non- conforming structure for an addition with less than the required front yard setback at 51 Carpenter Avenue (Assessor's Map 23, Parcel 34) in the Residential 3 (113) zone. The following documents were introduced at the public hearing: Application for a Variance, filed with the Town Clerk September 30, 2015; a copy of the public hearing notice; "Zoning Plan 51 Carpenter Avenue ", dated September 25, 2015, prepared by Michael Trowbridge, Hutchins - Trowbridge Associates, Inc. Ms. Garber - Miller, as Acting Chair, appointed Mr. Luca Acting Clerk and Mr. Cummings a voting member for this hearing. Homeowner Sam Campbell explained his proposal to construct a 200 square -foot, two -story addition off the back of the existing house, to expand the kitchen and dining room and add a bedroom on the second floor. He said the setbacks in question are relative to the existing footprint of the house and there are no zoning issues with the proposed addition. Mr. Shannon asked if the proposed addition would exceed the original ridgeline of the existing house. Mr. Campbell said it would not. Mr. Cummings made the motion that the request for a Finding at 51 Carpenter Avenue is an increase in a pre- existing, non - conforming condition. Mr. Luca seconded the motion. Discussion: Ms. Garber - Miller said because of the wetlands on the property, the existing house had to be placed in the corner of the lot and the addition will be no closer to the street. She said the property is bordered by paper streets on Carpenter Avenue and Bliss Avenue. Mr. Luca said the proposed addition is away from all boundaries and there is no detriment to the neighborhood. Motion passed 5 -0 -0. 1 Mr. Cummings made the motion that the increase in the pre- existing condition per the plan, "Zoning Plan 51 Carpenter Avenue ", dated September 25, 2015, is not more detrimental to the neighborhood than the current condition. Mr. Luca seconded the motion. Motion passed 5 -0 -0. Hearing ended at 7:35 pm. 3. Gregory Andrews, 4 Columbine Road, Map 30, Parcel 31 The Chair read the public hearing notice for the application of Gregory Andrews for a Finding /Variance from Section 3.10.4C of the Zoning By -Law for the change, extension, alteration or reconstruction of a pre- existing, non - conforming structure for the reconstruction of a single - family dwelling at 3 Columbine Road (Assessor's Map 30, Parcel 31) in the Residential 2 (112) zone. The following documents were introduced at the public hearing: Application for a Variance, filed with the Town Clerk October 15, 2015; a copy of the public hearing notice; "Zoning Plan 4 Columbine Road ", dated October 14, 2015 and revised November 17, 2015, prepared by Michael Trowbridge, Hutchins - Trowbridge Associates, Inc. Matthew Cummings was appointed a voting member for this hearing. Homeowner Gregory Andrews explained he cannot renovate the existing house because the foundation is fieldstone and cinderblock and only four feet in depth, and the floor joists of the structure are 2x4's, which are old and decaying and are not to code. He said the proposed house will meet current building codes and be constructed towards the center of the lot so the house will not encroach on the abutting property, but will be closer to the street to allow for easy tie -in to the town sewer on Reservoir Street. He said he proposes to build a two -story house with the new footprint slightly expanded with an additional six feet in length and two feet in width. Barbara Thomas, 12 Columbine Road, asked to see Mr. Andrews's plans for the lot and said, except for one duplex, all the houses on this street are bungalows. She said the two -story home Mr. Andrews proposes to build will change the nature of the neighborhood and suggested a ranch -style home instead. Mr. Shannon said if the application is approved, the new house would increase the value of the existing homes. William Fundora, 14 Columbine Road, said there has been a vacant house on the street for five years, which was taken for taxes by the Town of Mansfield, and nothing has been done to the house, decreasing the value of the existing homes. Mr. Andrews said the existing one - bedroom house is less than 700 square feet; the proposed foundation would be the same size as the existing foundation and a two -story house would be the most efficient way to get more square- footage. 2 Edward Tartufo, 9 Brookside Road, said when Mr. Andrews purchased the property, his intent was to renovate the existing house. However, because of the foundation and the joist issues, the Building Inspector could not grant a building permit for reconstruction. Mr. Tartufo said to incorporate as much space as possible, the garage is part of the footprint of the house. Mr. Andrews said his goal is to build a safe structure that will add value to the neighborhood. Mr. Cummings made the motion that the request for a Finding for the change, extension, alteration or reconstruction of a pre- existing, non - conforming structure for the reconstruction of a single - family dwelling at 4 Columbine Road is an increase in a pre- existing, non - conforming condition. Mr. Luca seconded the motion. Discussion Mr. Cummings said the proposal is reasonable for the lot and even though the abutters expressed concern and a desire for the ranch -style home, in order to have the same amount of square- footage, the ranch -style home would be more of an increase in the pre- existing, non - conformity. Ms. Garber - Miller noted the neighborhood is made up of different style homes. She said with the amount of work that would be required to restore the existing house, it would not be cost - effective to replace a one - bedroom home with the same size home. Mr. Luca said the footprint of the proposed house will be increased by six feet in length and two feet in width and the house will be centered on the property. He said within that footprint and the building envelope, he does not feel the proposal is detrimental. Mr. Shannon said a revised plan showing the dimensions for the rear, front and side yard setbacks of the existing structure and the front yard setback from the stairs for the proposed home will need to be submitted. Mr. Cummings made the motion that the increase in the pre- existing condition per the plan, "Zoning Plan 4 Columbine Road ", dated October 14, 2015, is not more detrimental to the neighborhood than the current condition, subject to the submission of revised plans with the requested dimensions [revised plans dated November 17, 2015). Mr. Luca seconded the motion. Motion passed 5 -0 -0. Hearing ended at 8:00 pm 4. James P. Lazzara, 77 South Main Street, Map 27, Parcel 45 The Chair read the public hearing notice for the application of James P. Lazzara for a Finding /Variance from Section 3.10.46 of the Zoning By -Law for the change, extension, or alteration of a pre- existing, non- conforming structure or use by reconfiguring the lot at 77 South Main Street (Assessor's Map 27, Parcel 45) in the Residential 3 (113) zone and conveying 11,181 square feet of the existing lot to an abutting owner. C The following documents were introduced at the public hearing: Application for a Variance, filed with the Town Clerk October 15, 2015; a copy of the public hearing notice; "Plan of Land 77 -79 South Main Street" dated October 15, 2015, prepared by Michael Trowbridge, Hutchins - Trowbridge Associates, Inc. Matthew Cummings was appointed a voting member for this hearing. Applicant James Lazzara, 68 Spring Street, explained he has renovated the property at 77 South Main Street and is in the process of selling the four condominiums units. He said the existing house is very close to the abutter's house to the north of the property, the Bottis at 71 South Main Street. After he purchased the property, Mr. Lazzara discussed the possibility of selling a portion of the property to the neighbor to make their property more conforming and avoid any property line issues in the future; he said there is a common gravel driveway which the abutter has been using for 20 years. He said both 77 South Main Street and 71 South Main Street will conform to the sideyard setback requirements. Mr. Lazzara noted Building Inspector Nicholas Riccio said this application should be a Finding because the pre- existing, non - conformity is not being changed, the lot is simply being reconfigured. Mr. Cummings made the motion that the request for a Finding at 77 South Main Street is an increase in a pre- existing, non - conforming condition. Mr. Luca seconded the motion. Discussion Mr. Luca said while there would be an increase in the non - conformity, this would actually clean up both properties; the property at 71 South Main Street would be more compliant and the 77 South Main Street property will still meet the requirements of the Zoning By -Law by having more than the 7,500 square feet per unit. Motion passed 5 -0 -0. Mr. Cummings made the motion that the increase in the pre- existing condition per the plan, "Plan of Land 77 -79 South Main Street ", dated October 15, 2015, is not more detrimental to the neighborhood than the current condition; Mr. Luca seconded the motion. Motion passed 5 -0 -0. Hearing ended at 8:13 pm. 5. Michael Earls, 29 Webb Place, Map 27, Parcel 122 The Chair read the public hearing notice for the application of Michael Earls for a Variance from Sections 3.3.2 and 4.1.1 of the Zoning By -Law to allow two duplexes (four units) on one lot at 29 Webb Place (Assessor's Map 27, Parcel 122) in the Residential 3 (133) zone. The following documents were introduced at the public hearing: Application for a Variance, filed with the Town Clerk October 21, 2015; a copy of the public hearing notice; "Zoning Plan 29 Webb Place ", dated January 30, 2012, prepared by Michael Trowbridge, Hutchins - Trowbridge Associates, Inc.; October 20, 2015 e -mail from Michael Trowbridge to Michael Forbes, Mansfield Housing Authority. E! Matthew Cummings was appointed a voting member for this hearing Michael Trowbridge, Hutchins - Trowbridge Associates, Inc., representing Michael Earls, explained the same variance, to construct two duplexes on this lot, was granted in 2012, but due to the economy at that time, Mr. Earls did not move forward with the proposal. Mr. Trowbridge said this is a 61,489 square -foot parcel abutting Mansfield Housing Authority land on Wilson Place. In 2012, the Applicant offered to deed 10,000 square feet of the land to the Housing Authority to be used for the expansion of the parking area or additional units. Mr. Trowbridge said this property is in the Residential 3 Zone where 7,500 square feet is required per unit. Mr. Trowbridge said the existing three - family home on the property will be razed. He said the construction of the duplexes will be an improvement to the neighborhood. Mr. Trowbridge said he has spoken with Mansfield Housing Authority Executive Director Michael Forbes, who said his department is still interested in the extra land. Mr. Trowbridge said the Housing Authority would acquire the land at no cost to the town and the deeding of the land to the Housing Authority would have no effect on the rear and side yard setbacks of 29 Webb Place. Ruheena Razvi, 25 Webb Place, asked how her property would be affected by the construction of the duplexes and when the work would begin. Mr. Trowbridge said the three - family home will be removed and construction of the duplexes will start in spring 2016. He said the proposed driveway will abut her property but the duplexes will be further away from her unit. Mr. Trowbridge said this project was previously approved and the town will get additional land for the Housing Authority. Mr. Cummings made the motion to approve the application of Michael Earls for a Variance from Sections 3.3.2 and 4.1.1 of the Zoning By -Law to allow two duplexes (four units) on one lot at 29 Webb Place (Assessor's Map 27, Parcel 122) in the Residential 3 (113) zone. Mr. Shannon seconded the motion. Discussion: Mr. Luca said the shape of the lot is a hardship and there is an existing three - family home on the property. He said this proposal was previously approved and there will be no detriment to the neighborhood. Ms. Garber - Miller said the area will be less dense because the four units will be spread out in an area that has more than enough square footage. Mr. Cummings said there are a lot of properties in this area with multiple units, so the proposed duplexes will not be out of character for the neighborhood. Motion passed 5 -0 -0. Hearing ended at 8:25 pm. 5 6. Correspondence: 7. New Business: 8. Old Business: Future Foam, 47 Maple Street Request for Extension: Future Foam, Inc. received a Variance from Section 4.2.2, Maximum Floor Area Ratio and relief from the Minimum Open Space in December 2014 and has requested a 6 month extension of the Notice of Variance certified on January 12, 2015 (letter dated November 16, 2015) to complete the work. Mr. Luca made the motion to accept the request for a 6 month extension of the Variance for Future Foam, Inc. Mr. Cummings seconded the motion. Motion passed 5 -0 -0. Mr. Luca made the motion to approve the September 29, 2015 minutes. Mr. Shannon seconded the motion. Motion passed 5 -0 -0. Mr. Luca made the motion to approve the October 20, 2015 minutes. Mr. Cummings seconded the motion. Motion passed 5 -0 -0. 9. Adjournment: Motion to adjourn at 8:40 pm (Cummings /Luca) Motion passed. Next meeting will be December 1, 2015 at 7:30 pm in Meeting Room 2 A /B, k Date 2