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HomeMy WebLinkAboutZBA07122016z MANSFIELD ZONING BOARD OF APPEALS i``('I{,r„ D MINUTES tj�L�Ii i._11`J �r�'IC.E JULY 12 2016 I0I4 SEP 2b Q g The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at �:50�r Present at the hearing were the following members: Elisabeth Garber -Miller Chair',MIFCV7 Igings; If?r>,`;"; Darlene Pruitt; Philip Shannon; Associate Member Eric Corriera. i r'rJsk rTS 1. Meeting opened at 7:50 pm. 2. Kevin and Staci Carty, 16 Maverick Drive, Map 1, Parcel 141. The Chair read the public hearing notice for Kevin and Staci Carty for a Variance from Zoning By -Law Section 230, Schedule 4.2A, Side Yard Setback, for the construction of an addition resulting in a 16.8 foot side yard setback where 25 feet is required at 16 Maverick Drive (Map 1, Parcel 141) in the Residential 1 (R1) zone. The following documents were introduced at the public hearing: Application for Variance, filed with the Town Clerk's office on June 9, 2016; a copy of the public hearing notice; "Zoning Plan 16 Maverick Drive dated June 6, 2016, prepared by Hutchins -Trowbridge Associates, Inc. Mr. Corriera was appointed a voting member for this hearing. Homeowners Kevin and Staci Carty and Paul Jodice, Jodice & Sons, Inc., were present. Mr. Carty explained they have lived on Maverick Drive since December 1998 and love the neighborhood but with three children ages 16, 13 and 11, have outgrown the house. He said they do not have a garage or attic and need additional living space as well as storage area. When their eldest daughter has friends over the rest of the family is relegated to their bedrooms, so having the second space would be great; the children would have a family room to go to and the parents could keep an eye on them. Mr. Carty said they have talked about finishing the basement but there are water issues. Mr. Carty said because the septic system is located directly behind the house, the best choice would be to build the garage/addition off the right side of the house, which would require a variance of eight (8) feet. He said this would be a standard two -car garage with a family room above and would improve the family's overall quality of life. He said their next door neighbors, Brian and Maureen Belanger, 20 Maverick Drive, support the project. Ms. Pruitt noted the plan does not show the existing side yard setback. Mr. Jodice said the proposed garage with a family room would be attached to the existing breezeway. Mr. Cummings asked if an option would be to construct a one -car garage/addition towards the back of the property. Ms. Garber -Miller asked if they were unable to use the basement because of the water; she said many people have sump pumps for basement flooding. Mr. Carty said he has a sump pump but still gets water; he said everything in the basement is stored in bins and elevated off the floor to prevent water damage. Ms. Garber -Miller said the hardships for granting a variance are soil, shape or topography. She said this is a flat, square lot. She asked if the homeowner would consider eliminating the breezeway to attach the proposed two -car garage/addition directly to the house, making the addition mostly compliant. Mr. Carty said they would like to keep the breezeway because it is used as their front entrance and Ms. Carty said the breezeway provides the only existing closet on the first floor. Mr. Jodice said all the houses on Maverick Drive were built between 1975-1976, prior to the zoning by- law changes and can conform to the 15 -foot side yard setback requirement. He said 16 Maverick Drive does not meet these requirements because it was built in 1983. Ms. Garber -Miller said if there is a change in zoning and a homeowner is increasing a non -conforming, pre-existing condition, they would need a variance. She said it would not matter if you were grandfathered in with a 15 -foot setback, once you alter a non -conforming condition, you are subject to the current setbacks. Mr. Jodice said this is the only house in the subdivision not considered to be in an agricultural zone because it was built in 1983. Ms. Garber -Miller noted the majority of houses in the area do not have garages. She said the applicant is asking for a 35% variance on a flat, square lot and there are options, which would lessen the encroachment on the side yard setback. Mr. Corriera agreed there are other options, which would comply with zoning .:- Mr. Carty said extending the garage/addition towards the back of the property would not be a good option because of the required setback of 10 feet from the septic system. He said removing the breezeway, which is considered their front entrance, would also eliminate the closet, the only storage space on the first floor. Ms. Garber -Miller suggested the homeowner request a continuance to pursue alternatives, she said if there are any changes, an updated plan would have to be submitted prior to the August 23, 2016 meeting. The hearing was continued to August 23, 2016. 3. Adjournment: Motion to adjourn at 8:20 pm. Corriera/Cummings. Motion passed. Next ieetin will e Au 1 7:30 pm. /