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HomeMy WebLinkAboutZBA 01/31/2017MANSFIELD ZONING BOARD OF APPEALS RIECOVED MINUTESi<i C, p. t5 OFF ICE JANUARY 312017 ��1�ni?DI� es1Qt at the I1'19 The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7: e hearing were the following members: David Luca, Acting Chair; Darlene Pruitt, Acting Clerk; Matt Cummings; Assocjate av�ejnbrrit�aron Gallagher; Associate Member Eric Correira. N1 ,, r7 1. Meeting opened at 7:30 pm. Mr. Luca was appointed Acting Chair, Ms. Pruitt was appointed Acting Clerk and Associate Members Aaron Gallagher and Eric Correira were appointed voting members for the hearings. 2. Grove Building Realty Trust, 130 Spring Street, Map 28, Parcels 164 and 165. The Chair read the public hearing notice for the application of Grove Building Realty Trust for a Variance from Section 3.3.10K, maximum number of units per building in a Residential Facility for Residents 55 years of Age or Older, for the construction of a twelve (12) -unit building where a maximum of eight (8) units per building is allowed, at 130 Spring Street (Map 28, Parcels 164 and 165) in the Residential 2 (R2) zone. The following documents were introduced at the public hearing: Application for Variance filed with the Town Clerk's office December 27, 2016; a copy of the public hearing notice; "Zoning Board of Appeals Plan Cabot Pond Apartments 130 Spring Street Mansfield, Massachusetts" dated December 16, 2016, prepared by Bay Colony Group, Inc. Applicant James Lazzara explained the Zoning Board of Appeals approved the same variance application on April 7, 2015 by a 5-0 vote. He said because it has taken sometime to get through the Conservation and Planning Departments public hearings, he asked for and received one extension from the ZBA, but the original variance expired in November 2016. Mr. Lazzara said he has done a significant amount of work to prepare the site and the plan has not changed since he first proposed the project, which was designed so he could combine services to make it easier for the residents to get to the common elevator, and the mail and laundry rooms. He said the plan is essentially what was proposed in 2015, but it has been revised to include the Conservation Commission requirements and changes. He said there will still be one building with 12 units within the same footprint. Mr. Luca asked how many units he could have If there were two buildings. Mr. Lazzara said there could be two 8 -unit buildings on the same footprint, but he said one building would make it easier for the residents and keep the cost down; he noted the site will include affordable units. Mr. Luca asked if the dimensions will change. Mr. Lazzara said the project has not changed. Charlene Bopp, 97 Spring Street, said she is concerned about flooding and the speed of the traffic on Spring Street. Robert Tomasello, 12 Michael Lane, said he will be moving to Lot 1 (in the Willowdale Subdivision) in July and the proposed building will be behind his new house. He said this should be an area of single-family homes. Mr. Luca said Mr, Lazzara could build two eight -unit buildings without a variance. Mr. Tomasello said the proposed 125 -foot long, 35 -foot high building will be along his lot line and be visible from his house. Mr. Lazzara said this is an allowed use in the Residential 2 zone. Kathleen Plath, 101 Spring Street, said this project will create additional traffic and the access driveway will be directly across from her house. Mr. Luca explained if the variance is granted, there will be one building with 12 units; however, if the variance is denied, the owner would still be able to build two eight -unit buildings without applying for a variance. Mr. Tomasello asked about the hardship. Mr. Lazzara said the hardship is that he can have all the community services, Including the common elevator, mail room, laundry and community room/exercise room together for the residents in one central location. Mr. Luca said the criteria for a hardship is the shape of the lot, topography and soil conditions. Mr. Luca asked if the location of the building could be changed. Mr. Lazzara said it could be changed, but said he thought it would be more of a problem for the abutting properties if the parking lot, which would require lighting, was located at the end of the cul- de -sac. Mr. Lazzara noted the available land on the lot only accommodates the parking lot and the building; the rest of the land is unusable. Mr. Gallagher said the 55 and over is allowed In this area and noted Mr. Lazzara can build 16 units in two buildings without a variance. He asked if the project had been to the Planning Board for site plan approval; Mr. Lazzara said it has not been to the Planning Board because he had to apply to the ZBA first. Mr. Gallagher said the screening/buffer behind the building would be discussed at the Planning Board hearing. Mr. Luca asked what the distance between the two buildings would be; Mr. Lazzara said five feet is required. Mr. Cummings said two buildings with that separation would look larger than the proposed one building with 12 units. Regarding the increase in traffic, Mr. Cummings said there would be more traffic with the 16 -unit building. Mr. Gallagher made a motion to grant a variance to Grove Building Realty Trust from Section 3.3.10K, maximum number of units per building in a Residential Facility for Residents 55 years of Age or Older, for the construction of a twelve (12) -unit building where a maximum of eight (8) units per building is allowed, at 130 Spring Street (Map 28, Parcels 164 and 165) in the Residential 2 (112) zone, in accordance with plan "Zoning Board of Appeals Plan Cabot Pond Apartments 130 Spring Street Mansfield, Massachusetts" dated December 16, 2016, prepared by Bay Colony Group, Inc. Mr. Cummings seconded the motion. Discussion: Mr. Gallagher said this is the same project that was submitted and approved in 2015 and nothing has changed. Mr. Luca said the concerns of the people at the meeting were noted, the project was discussed and approved in 2015 and nothing has changed. Motion passed 5-0-0. Hearing ended at 7:50 pm. 3, Thomas W. Nellis and Mary E. Nellis, 198 South Main Street, Map 34, Parcel 91 The Chair read the public hearing notice for the application of Thomas W. Nellis and Mary E. Nellis for a Variance from Zoning By - Law Sections 230-5.4A, Lot Frontage and 1.5, Lot Width, to allow for the creation of a lot with less than the required lot frontage and area at 198 South Main Street (Assessor's Map 34, Parcel 91) in the Residential 2 (112) zone. The following documents were introduced at the public hearing: Application for Variance/Special Permit/Finding, filed with the Town Clerk's office December 29, 2016; a copy of the public hearing notice; "Proposed Lot Division at 198 South Main Street Mansfield" dated December 15, 2016, and revised January 20, 2017 per Conservation, prepared by RIM Engineering Co.; Memorandum dated January 31, 2017 from Katelyn Gonyer, Conservation & Environmental Planner; E-mail dated January 11, 2017 from Thomas and Ann larrobino; E-mail dated January 24, 2017 from Thomas and Ann larrobino. Attorney Edward Valanzola and property owner Thomas Nellis were present. Ms. Pruitt read into the record the following document: • Memorandum dated January 31, 2017 from Katelyn Gonyer, Conservation & Environmental Planner; • E-mail dated January 11, 2017 from Thomas and Ann larrobino; • E-mail dated January 24, 2017 from Thomas and Ann larrobino. Attorney Valanzola explained the lot with the existing house, shown as Lot 1, has 50,366 square feet of area and the proposed new Lot 2 has 55,066 square feet of area; he said the size of the lots exceeds the area required by the zoning by-law and the lots would be larger than many of the lots in the neighborhood. Attorney Valanzola said there is a 100 -foot wide strip of land owned by Robert and Janice Barrows along the front of the proposed Lot 2, and with that strip of land, the new lot would essentially have 130 feet of frontage. He said no one will ever build on this land, so it provides the frontage, the view, the aesthetic appearance and curb appeal to the proposed lot. Attorney Valanzola noted all the other lots In this area have much less frontage. Attorney Valanzola said he reached out to the Barrows family to express that the Applicant would be interested in acquiring the 100 -foot strip of land, but was unsuccessful. Attorney Valanzola said the hardship is the shape of the lot and soil conditions. He said there have been other variances granted in the neighborhood where lots were divided. He said at one point, the Applicant looked into a three -lot subdivision or a residential compound on this land, but it would have been cost -prohibitive because of the infrastructure required. He said this is a substantial lot with approximately 2.5 acres and the Applicant Is asking for one new house lot with one driveway. Mr. Luca said the existing lot is pre-existing, non -conforming for front and side yard setback requirements, but currently conforms to the lot width requirement; lot width and frontage of the existing lot would be reduced from 97 feet to 67 feet. Mr. Luca asked why the existing lot would not also need relief. Attorney Valanzola said Lot 1 would not need relief from the side yard setback and lot area requirements, but would need frontage relief. Jeffrey Winterroth, 186 South Main Street, said no amount of landscaping will mitigate the plan as presented tonight for a two- story house located 200 feet from the street. He said if the variance is approved it will certainly reduce the property values for the three direct abutters. Mr. Winterroth said he has safety concerns about the adjacent driveways. Sarah Joynes, 26 Aspen Street, said her back yard abuts the proposed new lot and said the new house would be set back from the street, which would not be consistent with the look of South Main Street. She said the grant of a variance would basically set a precedent for other people to sub -divide lots that do not meet the zoning requirements and would create two lots with hardships. Christopher Donovan, 211 South Main Street, said he hoped this plan would not negatively affect the property values of the neighborhood. He said he is also concerned about flooding. Jay Barrows, one of the beneficiaries of the Barrows Irrevocable Trust, which owns the 100 -foot wide strip along South Main Street, said he has never heard of a proposal where someone else's land would be used to make a proposed new lot conforming. He said he was concerned with the house being placed so far back on the lot and said the Applicant should create one lot that fits into the neighborhood and urged the Board to simply say no to the proposal. Attorney Valanzola said the property is still one of the larger lots in the neighborhood, but the existing house was positioned on the lot because of the difficult soil conditions, wetlands and topography issues. He said the new house would be more aesthetically pleasing and appropriate for the neighborhood. He said these are substantial lots and it is well within the Board's discretion to grant lot frontage and lot width variances. Mr. Gallagher asked how long the applicant has owned the house. Mr. Nellis said he has owned the property since 2000. Mr. Gallagher made the motion to grant a variance to Thomas W. Nellis and Mary E. Nellis from Zoning By -Law Sections 230-5.4A, Lot Frontage and 1.5, Lot Width, to allow for the creation of a lot with less than the required lot frontage and area at 198 South Main Street (Assessor's Map 34, Parcel 91) in the Residential 2 (132) zone, in accordance with the plan "Proposed Lot Division at 198 South Main Street in Mansfield, MA dated December 15, 2016, revised January 20, 2017 per Conservation. Ms. Pruitt seconded the motion. Discussion: Mr. Cummings noted that the current lot is already non -conforming, even without the proposed split. He also said he did not see a hardship because even if the wetlands were not present and the lots Included the Barrows 100 foot -wide strip of land, a variance would still need to be granted. Mr. Luca agreed and said the existing lot is not ideal, even without splitting the land. He said even if the Barrows strip of land was part of the lot, it would still have only half the frontage required. He noted the request is to create two lots where there is not room for one lot. He said there are wetland issues and the lot is oddly -shaped, but that does not necessarily create the hardship. Mr. Gallagher said there is already a hardship for the existing single -house lot, but granting this variance would create more of a hardship by creating a second lot. Ms. Pruitt agreed this would create more of a hardship and there are safety issues with traffic and speed. Motion failed 0-5-0. Hearing ended at 8:45 pm. 4. The Eighteen Timberline Drive Realty Trust, 18 Timberline Drive, Map 2, Parcels 2 and 374. The Chair read the public hearing notice for the application of The Eighteen Timberline Drive Realty Trust for a Variance from Zoning By -Law Section 230-4.2.1, Rear Yard Setback, for the construction of an addition with less than the required rear yard setback at 18 Timberline Drive (Assessor's Map 2, Parcel 374 in the Residential 1 (RI) zone. The following documents were introduced at the public hearing: Application for a Variance, filed with the Town Clerk December 29, 2016; a copy of the public hearing notice; "Zoning Plan 18 Timberline Drive' dated December 27, 2016, prepared by Hutchins - Trowbridge Associates, Inc. Michael Trowbridge, Hutchins -Trowbridge Associates, Inc., said for this neighborhood, this is a very modest house. He said the owners have lived here for several years and they now need to expand the house. He said the proposed breezeway and garage are to the right of the house, and meet or exceed the zoning by-law requirements, with a 54 -foot side yard setback where 25 feet is required and a 50 -foot front yard setback where 40 feet is required. He said the setback issue is at the back of the house, where the Applicant will replace an existing screened porch with a 20'x14' screened porch and add a 14'x16' deck, resulting in a 32.9 -foot rear yard setback where 40 feet is required. Mr. Gallagher asked if any trees would be removed. Mr. Trowbridge said the existing trees would not be removed. Ms. Pruitt asked if the tree next to the driveway would be removed; Mr. Trowbridge responded yes that tree would be removed. Ms. Pruitt asked if the two sheds at the rear of the home would remain and Mr. Trowbridge confirmed the sheds would remain at their current location. Ms. Pruitt stated that the abutters have a clear view of the rear of the house due to the winter season and lack of leaves on the trees. Mr. Cummings made the motion to grant a variance to The Eighteen Timberline Drive Realty Trust from Zoning By -Law Section 230- 4.2.1, Rear Yard Setback, for the construction of an addition with less than the required rear yard setback at 18 Timberline Drive (Assessor's Map 2, Parcel 374 in the Residential 1 (R1) zone, in accordance with the "Zoning Plan 18 Timberline Drive" dated December 27, 2016, prepared by Hutchins -Trowbridge Associates, Inc. Mr. Correira seconded the motion. Discussion: Mr. Gallagher noted this is a very small house compared to the other houses in the neighborhood, so the proposed addition will conform to the character of the neighborhood. He said with the proposed porch and deck, there will be a four -foot encroachment to the rear property line. Mr. Luca said this is an oddly -shaped lot and the proposal Is in keeping with the character of the neighborhood and there is no other place to locate the porch and deck. He said because this is a variance, the increase in the non -conformity of four feet is de minimis. Mr. Cummings agreed this is not a significant change. Mr. Correira asked if the existing porch received a variance. Mr. Luca said there was not a variance for the deck, but the Applicant is requesting a variance for the existing and proposed decks. Motion passed 5-0-0. Hearing ended at 8:50 pm. S. Mansfield Parking, LLC, 75 Chauncy Street, Map 21, Lot 331 The application of Mansfield Parking, LLC for a Variance/Special Permit from Zoning By -Law Section 230-5.3 C.(7) Drainage; C.(9) Landscaping and C(12) Drainage Calculations and soil tests at a proposed lot at 75 Chauncy Street (Map 21, Lot 331) in the Industrial 3 (13) Zone, was continued from the November 29, 2016 and December 13, 2016 meetings. Attorney Edward Valanzola, representing the Applicant has requested an extension of the variance/finding/special permit/appeal for the property located at 75 Chauncy Street until February 28, 2017, Mr. Cummings made the motion to continue the hearing for 75 Chauncy Street to February 28, 2017. Mr. Gallagher seconded the motion. Motion passed 5-0-0. 6. Correspondence: 7. New Business: 8. Old Business: Approval of November 29, 2016 and December 13, 2016 minutes: Mr. Gallagher made the motion to approve the November 29`h and December 13" minutes as written. Mr. Cummings seconded the motion. Motion passed 5-0-0. 9. Adjournment: Motion to adjourn at 9:05 pm: Correira/Cummings— motion passed 5-0. Next meeting will be February 28, 2017 at 7:30 pm. Date Darlene r i ,Acting Clerk a�