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HomeMy WebLinkAboutZBA09272016Town of Mansfield Zoning Board of Appeals_�f;, September 27, 2016i sJ E� f_ f C 1 i F1 GE The Zoning Board of Appeals held its regular meeting in the Town Hall, Mar&1JlcU W, ! pg7:gMpr3, f eSsent at the hearing were the following members: Elisabeth Garber -Miller, Chair; David Luca, Clerk; Darlene Pruitt; Matt Cummings; Philip Shannon; Associate Member Aaron Gallagher; Associate Member Eric Correi 4 ' �'r� i.'7 fz r 1. Meeting opened at 7:30 pm. 2. Josephine P. Ferraz, 15 Northridge Road, Map 41, Parcel 183. The Chair read the public hearing notice for the application of Josephine P. Ferraz for a Variance from Zoning By -Law Section 230-3.8 (A)(1), Accessory Structures, for the construction of a free-standing garage with a 3.5 -foot side yard setback, where five feet is required at 15 Northridge Road (Assessor's Map 41, Parcel 183) in the Residential 1 (131) zone. The following documents were introduced at the public hearing: Application for a Variance, filed with the Town Clerk August 15, 2015; a copy of the public hearing notice; "Zoning Plan 15 Northridge Road dated August 2, 2016, prepared by Hutchins -Trowbridge Associates, Inc. Homeowner Josephine Ferraz said she purchased the single-family home in June 2016 and is requesting a variance to construct a 24'x22' two-story, detached garage to the right of the home. Because of the angled property line, a portion of the garage will be located 3.5 feet from the side property line, where 5 feet is required and there will be 10.1 feet between the proposed garage and the existing home. Ms. Ferraz said her two teenage sons recently received their driver's licenses and the garage will house the additional two cars, along with storage for a snow blower, lawnmower, and bicycles. Mr. Cummings asked if Ms. Ferraz had considered locating the garage 1.5 feet closer to the house. Ms. Ferraz said the chimney, gas line and central air-conditioning unit are located on the right side of the property and 10 feet is required between the house and the detached garage. Mr. Shannon asked if the proposed garage could be moved forward on the property. Ms. Ferraz said she has tried to align the garage with the front of the house; the garage has already been moved forward by one foot, so only about 10 feet of the garage is within 3.5 feet of the property line. She said she spoke with her neighbor to the right and he has no concerns with the proposed garage. Ms. Garber -Miller said there are a lot of houses in the neighborhood without garages, with only a couple of houses with attached garages. She said the proposed garage would be out of character with this area. She noted this is a very large structure right on the property line and said the need for a two -car garage is a temporary issue. Ms. Ferraz said she considered constructing an attached garage, but because of the gas line and AC unit, a detached garage on the right side of the home is the preferred option. She said the septic system is located on the left side of the property and a new driveway with a curb cut would be necessary if the garage were to be located on this side of the house. Mr. Gallagher said if Ms. Ferraz were to reduce the back corner of the garage so it would be parallel to the property line, a variance would not be required. Mr. Luca said the applicant has moved the proposed garage forward one foot and is asking for relief of 1.5 feet 1 Mr. Correira said there are probably alternative ways to position the garage without the need for a variance, but as proposed, aesthetically this would be preferred. Michael Trowbridge, Hutchins -Trowbridge Associates, Inc., said because this is a detached garage, another alternative would be to move the garage closer to the house, allowing less than the 10 -foot requirement between the house and the garage but still maintaining the integrity of the side yard setback. Ms. Ferraz said two homes in the neighborhood have been granted variances to construct two-story, attached garages. Mr. Luca made the motion to approve the application of Josephine P. Ferraz for a Variance from Zoning By -Law Section 230-3.8 (A)(1), Accessory Structures, for the construction of a free-standing garage with a 3.5 -foot side yard setback, where five feet is required at 15 Northridge Road (Assessor's Map 41, Parcel 183) in the Residential 1 (131) zone, in accordance with "Zoning Plan 15 Northridge Road dated August 2, 2016, prepared by Hutchins -Trowbridge Associates, Inc. Mr. Cummings seconded the motion. Discussion: Mr. Luca said this is a uniquely -shaped lot because of the angled side property line. He said normally, with a detached garage, he would want to see that every option has been explored before the grant of a variance. He said in this case, the garage cannot be located on the left side of the house because of the septic system, the garage cannot be moved farther forward and there has been a compromise to reduce the width of the garage down to 22 feet. He said granting relief of 1.5 feet off the property line is reasonable. Ms. Pruitt said a compromise would be to move the garage closer to the house. Ms. Garber -Miller said a new variance would be required if the garage were closer than 10 feet to the house. Mr. Luca said there would be an issued if the garage were to be moved 8.5 feet from the house because the gas main and AC unit are located on the right side of the house. Mr. Cummings said if an adjustment is made, he would rather it be on the side of the property, as proposed Motion passed 4-1-0. Luca, Shannon, Pruitt, Cummings in favor. Garber -Miller opposed. Hearing ended at 7:15 pm. 3. William McDermott, 99-101 Dean Street, Map 23, Parcel 111 The Chair read the public hearing notice for the application of William McDermott for a Finding from Section 230-3.10, Non -Conforming Uses, of the Zoning By -Law to allow for the reconstruction of a pre-existing, non -conforming two-family home at 99-101 Dean Street (Map 23, Parcel 111) in the Residential 2 (R2) zone. The following documents were introduced at the public hearing: Application for a Finding filed with the Town Clerk August 19, 2016; a copy of the public hearing notice; "Zoning Plan 99-101 Dean Street" dated August 15, 2016, revised September 29, 2016, prepared by Hutchins -Trowbridge Associates, Inc. Michael Trowbridge, Hutchins -Trowbridge Associates, Inc., representing property owners Maureen and William McDermott, explained the applicant is proposing to demolish the pre-existing, non -conforming two-family home and garage and construct a new 2,700 square -foot two-family home. He said the existing house is approximately 5-6 feet off the lot line; the new home would be turned sideways on the lot and be 18 feet from the right side property line, where 15 feet is required. The left side setback would be 25 feet. He said the lot is 32,800 square feet, where 20,000 square feet is 2 required. Mr. Trowbridge said removing the existing dwelling and garage and cleaning up the property would be a better situation for the neighborhood. Roderick Oreste, 107 Dean Street, said his main concern is the new dwelling would be closer to his property line and asked if the structure would be bigger than the existing house. Mr. Trowbridge said the existing house is 2,200 square feet and the new dwelling will be 2,700 square feet. Mr. Oreste asked if the height of the new dwelling would be different from the existing house. Mr. Trowbridge said the proposed dwelling would be a typical two-story building, with a height of 35 feet or less. Meghan Oreste, 107 Dean Street, asked what the setback is from the existing house to her property line. Mr. Trowbridge said it is approximately 45 feet. Ms. Oreste asked if there would be a yard. Mr. Trowbridge said there would be a driveway only. Mr. Oreste asked if the house could be flipped so the front of the house would be facing his property, with the driveway on the right side of the house, abutting 89 Dean Street, which is a parking lot for a five -unit apartment complex. Jonathan Stiles, 114 Dean Street, asked about the appearance of the duplex from the street. Mr. Trowbridge said the proposed dwelling will be 60 feet back from the road, where 30 feet is required, and the side of the garage would be facing the front of the property. Ms. Oreste asked about the land behind the existing garage. Mr. Trowbridge said this area will remain untouched; the land will not be clear cut. He said the owners of the units might want to add a small lawn area at the end of the driveway. He said he will revise the plan to reflect the change in the orientation of the proposed dwelling. Mr. Luca disclosed he knows Mr. Oreste but does not believe there is a conflict of interest so he did not recuse himself. Mr. Cummings made the motion that the request for a finding at 99-101 Dean Street (Map 23, Parcel 111) for the construction of a two-family home is an increase in a pre-existing, non -conforming condition. Mr. Shannon seconded the motion. Motion passed 5-0-0 Discussion: Ms. Garber -Miller noted this is a slightly larger structure. She said the shape of the lot is not relevant in terms of a finding, but said there is no other place on the lot to put the dwelling because it is "L" shaped. She said it fits with the character of the neighborhood; there is a multi -family structure next door. Ms. Pruitt said the direct abutter at 107 Dean Street is satisfied. Mr. Cummings made the motion that the increase in the pre-existing, non -conforming condition per the plan at 99-101 Dean Street, is no more detrimental to the neighborhood than the current condition, approval subject to the receipt of a new plan showing the orientation of the structure, in accordance with the "Zoning Plan 99-101 Dean Street' dated August 15, 2016 and revised September 29, 2016, prepared by Hutchins -Trowbridge Associates, Inc. Mr. Shannon seconded the motion. Motion passed 5-0-0. Hearing ended at 7:55 pm. 3 4. John and Robin Presentato, 27 Bliss Avenue, Map 23, Parcel 64. The Chair read the public hearing notice for the application of John and Robin Presentato for a Finding from Zoning By - Law Sections 230-3.10 and 230-7.2B(4) for the change, extension, alteration or reconstruction of a pre-existing, non- conforming structure to repair and extend the existing front porch at 27 Bliss Avenue (Assessor's Map 23, Parcel 64) in the Residential 2 (112) zone. The following documents were introduced at the public hearing: Application for a Variance filed with the Town Clerk August 23, 2016; a copy of the public hearing notice; "Proposed Porch Extension at Hse. No. 27 Bliss Avenue in Mansfield, MA" dated August 19, 2016, prepared by RIM Engineering Co., Inc. Homeowner John Presentato said he has owned the single-family home on the corner of Carpenter Street and Bliss Avenue, which is an unpaved paper road, for 32 years and he is proposing to replace and add on to the existing porch; Mr. Presentato said the proposed porch would be extended by 6 feet on the Carpenter Street side. Mr. Correira noted there are other houses with similar sized porches in the neighborhood. Mr. Luca made the motion that the request for a Finding at 27 Bliss Avenue (Map 23, Parcel 64) for the repair and extension of the existing front porch is an increase in a pre-existing, non -conforming condition. Mr. Shannon seconded the motion. Motion passed 5-0-0. Mr. Luca made the motion that the increase in the pre-existing, non -conforming condition per the plan at 27 Bliss Avenue is no more detrimental to the neighborhood than the current condition, in accordance with "Proposed Porch Extension at Hse. No. 27 Bliss Avenue in Mansfield, MA". Mr. Cummings seconded the motion. Motion passed 5-0-0. Discussion: Ms. Pruitt said there is not an issue with the 6 -foot extension of the porch. She said the porch would be similar to other homes in the area and would not change the character of the neighborhood. Mr. Shannon said the repair and extension of the porch is cosmetic. Motion passed 5-0-0. Hearing ended at 7:57 pm 5. New Business: 6. Old Business: Citizens' Housing and Planning Association, Inc. (CHAPA) Letter dated August 29, 2016: CHAPA is the Monitoring Agent for the Village at Cedar Heights, a Chapter 40B rental development in Mansfield and a brief report on the annual income certification of the tenant households. 29 7. Adjournment: Motion to adjourn at 8:20 pm. (Luca/Shannon) Passed. Next meeting will be . mber 29, 2016 at 7:30 pm. David Luca, Date