HomeMy WebLinkAboutZBA_12012015_201601211508Town of Mansfield
Zoning Board of Appeals
December 2, 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; Philip Shannon; Associate Member Matthew Cummings; Associate Member Aaron Gallagher.
1. Meeting called to order at 7:30 pm.
2. Robert and Mary Lou Brennan, 65 Samoset Avenue, Map 24, Parcels 148 and 355
The Chair read the public hearing notice for the application of Robert and Mary Lou Brennan for a Variance
from Sections 1.5.7a, 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 65 Samoset Avenue
(Assessor's Map 24, Parcels 148 and 355) in the Residential 3 (113) zone.
The following documents were introduced at the public hearing: Application for a Variance, filed with the
Town Clerk October 27, 2015; a copy of the public hearing notice; letter dated November 24, 2015 from
Douglas W. and R. Karen Dunn, 53 Shawmut Avenue; "Proposed Buildable Lot Plan in Mansfield, MA ", dated
October 2, 2015, prepared by RIM Engineering Co., Inc.
Mr. Luca recused himself and Mr. Cummings was appointed a voting member for this hearing.
Attorney Rod Oreste, representing the homeowners, said Mr. and Mrs. Brennan have lived in Mansfield for
over 40 years and their home at 65 Samoset Avenue no longer meets their current physical needs. He said they
would like to stay in Mansfield, specifically in the same neighborhood, and have applied for a Variance to split
their lot into two lots; one with the existing house and the other with a small single- family home which will
meet their accessibility needs because Mrs. Brennan can no longer walk up and down stairs on a daily basis.
Attorney Oreste said the vacant lot directly behind 65 Samoset Avenue, Lot 33, is a separate lot by deed and
for tax purposes, and Mr. and Mrs. Brennan are asking for relief from lot width (7,125 square feet where
10,000 square feet is required) and frontage (75 feet where 80 feet is required) requirements. Attorney
Oreste said the new lot would be similar to the other houses in the neighborhood, where most lots are less
than 8,000 square feet and were created prior to the adoption of the Zoning By -Law.
A letter dated November 24, 2015 from Douglas W. and R. Karen Dunn, 53 Shawmut Avenue was read into the
record. Mr. and Mrs. Dunn are against the granting of the Variance.
Richard Cushman, 41 Hodges Street, asked if the Variance would go with the lot if it were to be sold and if the
Variance would state the size of the house to be built. Mr. Mackie said the Variance would go with the
property and would be for relief from frontage, lot width and lot area. He said a house would have to be built
within the setbacks of 30 feet for front and rear setbacks and the 15 -foot sideyard setbacks. Mr. Cushman said
he would not have a problem with a single - family home. Attorney Oreste said only a single- family home can
be built on the lot.
Monica Rosko, 71 Samoset Avenue, asked whether, if the Variance was granted, but Mr. and Mrs. Brennan
were unable to build the single - family home and put both properties up for sale, the properties could be
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merged like the other properties in the neighborhood. She was told the zoning would remain the same if the
properties were sold and this specific Variance for a single - family home would remain in perpetuity.
James O'Driscoll, 75 Samoset Avenue, said the Variance should be granted.
Charles Spath, 8 Colonial Drive, said he supports the request for the Variance.
Christopher Crowley, 10 Ingrid Drive, recommended the Variance be granted.
Brian Foley, 35 Samoset Avenue, asked if the homeowners would have to come back to the Board if the work
exceeded the building envelope. Mr. Mackie said they would have to come back with a new request.
John Flynn, 78 Twin Oaks Village, said he supports the request for a Variance.
Michael Heavey, 5 Weaver Lane, said he supports Mr. and Mrs. Brennan's Variance request.
Christopher Belmonte, 70 Bay Brook Farm Road, said he supports the Variance request.
Judy Crowley, 10 Ingrid Drive, supports the request for a Variance.
Kerri Stiehi, 58 -60 Shawmut Avenue, said she does not support the request for a Variance because there are a
lot of children in the neighborhood, which has small lots compared to the rest of the town. She said if the
Variance is granted, it will add to the traffic congestion of the crowded neighborhood. She said there are
minimal trees and green space in the neighborhood and when she moved to the neighborhood 10 years ago,
she was told this was not a buildable lot. Mr. Mackie said it would require a Variance to build on the lot.
Matthew Walsh, 50 -52 Shawmut Avenue, said he is the direct abutter to the proposed new lot and is
concerned if the Variance is granted, more homeowners will want to create additional lots. Mr. Mackie said
there are only two additional lots in the neighborhood that could be built on. Mr. Walsh said his house is 15
feet from the property line and would prefer to have a field instead of a house on the lot.
Cassidy Honda, 36 Hodges Street, said she purchased her home because of the open space in the
neighborhood and she does not support the request for a Variance. She is concerned about traffic on the
street and asked if the lot could be used for anything other than a house.
The father of Jamie Thynne, 59 Samoset Avenue, said his daughters concern is that the existing house at 65
Samoset Avenue could become a 2- family home. Mr. Mackie said a 2- family home would require 15,000
square feet. Ms. Thynne's father said as long as the proposed house is dimensionally appropriate for the lot, it
would not detract from the value of the neighborhood.
Mr. Brennan said he renovated the house as a single - family home in 1990 but the taxes are for a 2- family
house. Mr. Mackie said without separate utilities, it has been abandoned as a 2- family house.
Ms. Garber - Miller asked Attorney Oreste to address the Variance requirements as to the soil, shape of the lot
and topography. Attorney Oreste said this lot is unique because it is one of the few in the neighborhood that
would be eligible to be divided. He said the topography is unique in that only this lot is affected by the by -law
because of its size. He said Mr. Brennan purchased the property prior to the adoption of the Zoning By -Law,
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and those rights should not be lost because the by -laws have changed. He said the proposed house is a
reasonable size and should be allowed.
Ms. Garber - Miller made the motion to approve the application for Robert and Mary Lou Brennan for a
Variance from Sections 1.5.7a, 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 65 Samoset Avenue
(Assessor's Map 24, Parcels 148 and 355) in the Residential 3 (113) zone. Mr. Cummings seconded the motion.
Discussion
Mr. Cummings noted that most of the houses in this area are on lots of similar size and said the Variance
should be granted.
Ms. Garber - Miller said while she agreed with Mr. Cummings, this is a flat, square lot and there are no issues
with the soil, shape or topography that would allow for a Variance to be granted.
Mr. Gallagher said Mr. Brennan purchased the lot prior to zoning and is now being penalized because he did
not build on the lot when he first purchased the property.
Mr. Mackie said a similar lot behind Wendy's was presented to the Board and denied.
Ms. Pruitt said there is no hardship.
Motion was denied 2 -3 -0 (Shannon and Cummings in favor, Pruitt, Mackie and Garber - Miller opposed).
3. Correspondence:
4. New Business:
5. Old Business:
Ms. Garber - Miller presented a letter to be sent to Mr. and Mrs. James Betts, in response to a letter regarding
the property at 3 Otis Street.
The Board signed the decisions for 51 Carpenter Avenue (Finding), 4 Columbine Road (Finding), 77 South Main
Street (Finding), 29 Webb Place (Variance).
Motion to approve the November 17, 2015 minutes (Luca /Cummings) Passed.
6. Adjournment:
Motion to adjourn at 8:30 pm.
Next meeting will be January 19, 2016 at 7:30 pm.
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Elisabeth- Garber = Miller; Clerk Date
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