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HomeMy WebLinkAboutZBA 05/23/2017Town of Mansfield Ri TEI'V ED Zoning Board of Appeals Minutes rL,F'C May 23, 2017 2011 AIN 21 P 4: �?� The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:30 pm. Presen a the hearing were the following members: Elisabeth Garber -Miller, Chair; David Luca, Clerk; DarIAAp,P,_Ful t; PhilLp Shannon; Associate Member Aaron Gallagher; Associate Member Eric Correira. r� , c < r 1 1. Meeting opened at 7:38 pm. 2. Allen Trust, c/o Edmund Westhaver, 80 Winter Street, Map 38, Parcel 19 & 28. The Chair read the public hearing notice for the application of Edmund Westhaver, Allen Trust, for a Variance from Zoning By -Law Section 230, 4.2A, Frontage and Lot Width, for the creation of two lots with less than the required frontage and lot width, with the lots having frontage on Franklin Street (Map 38, Parcels 19 & 28) in the Residential 1 (Rl) zone. The following documents were introduced at the public hearing: • Application for Variance, filed with the Town Clerk's office April 7, 2017; • A copy of the public hearing notice; • "Zoning Plan Franklin & Winter Street" dated February 22, 2017, prepared by Hutchins -Trowbridge Associates, Inc.; • Mansfield GIS Viewer dated April 4, 2017; • "Westhaver Farms Subdivision in Mansfield, MA" dated December 28, 1984; • "Conceptual Sketch Mansfield, Massachusetts dated June 2016, revision dates of July 12, 21, and 26, 2016, prepared by O'Driscoll Land Surveying Co.; • Memorandum from Michael A. Trowbridge, Hutchins -Trowbridge Associates, Inc., dated April 6, 2017. Aaron Gallagher was appointed a voting member for this public hearing Michael Trowbridge, Hutchins -Trowbridge Associates, Inc., explained this parcel of land has been in the Westhaver Family for over 100 years and a subdivision was proposed in 1985; although the project went through all the wetland permitting and received approval from the Planning Board for thirty-three, 30,000 square -foot lots, the Westhaver family, at that time, decided to leave the land in its natural state. Mr. Trowbridge said the Westhaver family came to him with a conceptual plan for eight additional house lots, with 1,300 feet of roadway, but they decided it would be better to seek a variance for two house lots instead. Mr. Trowbridge said this would allow for approximately 27 acres to be placed and retained under Chapter 61A protection. Mr. Trowbridge explained if the Chapter 61A land were to be sold, the town would have the right of first refusal to purchase the land. Mr. Trowbridge said the hardship is the wetlands and potential and certified vernal pools located on the right side of the property. The project, as presented, would result in fewer houses and no additional roadway, which the town would have to maintain; he said the grant of a variance would not derogate from the Zoning By -Law. He explained the existing house at 379 Franklin Street is on a pre-existing, non -conforming lot and the house will be razed and a new house built. Mr. Trowbridge said the Applicant is only seeking relief for the new Lot 2; the new Lot 3 is a conforming lot. Mr. Luca asked about Lot A, a "non -conforming, non -buildable" lot. Mr. Trowbridge said Lot A would be combined with the existing house lot at 379 Franklin Street, as noted on the plan. Ms. Garber -Miller said even if these house lots are approved, there would still be access to the rest of the land, which could in the future allow the Applicant to build a subdivision. Mr. Trowbridge said a subdivision could be approved, but under Chapter 61A, the town would have the right for first refusal to purchase the land. 1 Mr. Luca asked why Lot A was not used for additional frontage for the proposed lots and said his only concern is the potential for additional lots in the future. Mr. Trowbridge said the Applicant wants to have a buffer between his property and the proposed driveways. Mr. Westhaver said the leaching field for his septic system is located on Lot A. Mr. Westhaver said he and his son would not come back requesting additional lots. Mr. Gallagher asked what the benefit is to the owner to put the land under Chapter 61A. Mr. Trowbridge explained under Mass General Law, Chapter 61A, the owner would have to pay back taxes if the land is sold to someone other than the town. He noted the proposed lots would have more than double the required lot size of 60,000 square feet; Lot 1 would have 131,999 square feet; Lot 2 would have 108,618 square feet and Lot 3 would have 146,465 square feet. Mark Connolly, 5 Dutton Drive, asked how far back the proposed house on Winter Street would be from the road. Mr. Trowbridge said Winter Street is a designated scenic road, so the house would have to be a minimum of 75 feet from the street. Karen Castonguay, 382 Franklin Street, commented the existing house is not visible from the street and the proposed houses would be setback at least 75 feet. Mr. Shannon said his only concern is if the variance is approved as presented, the Applicant could come back with a plan for additional houses. Mr. Luca said the Applicant would have to come back before the Board for additional house lots and noted the back taxes would have to be paid if the land were sold to someone other than the town; however, the town would have the right of first refusal, which would provide protection against additional lots. Ms. Garber -Miller said if the Applicant came back with a proposal for multiple house lots, the Board would have the ability to deny the request, limit the number of additional house lots or find the criteria for a hardship had not been met because the Applicant created the hardship. She said having the land under Chapter 61A alleviates some of her concerns and noted that because such a large portion of this land is wet, she does not know how many more houses could actually be built. She said the two proposed lots are very large and if the septic leaching field for the existing house had not been located on Lot A, there would have been more frontage for the two proposed lots. Mr. Luca made the motion to grant the variance from Zoning By -Law Section 230, 4.2A, Frontage and Lot Width, for the creation of two lots with less than the required frontage and lot width, with the lots having frontage on Franklin Street (Map 38, Parcel 19 & 28) in the Residential 1 (111) zone in accordance with "Zoning Plan Franklin and Winter Street" dated February 22, 2017, prepared by Hutchins -Trowbridge Associates, Inc. Mr. Gallagher seconded the motion. Discussion: Mr. Correira said he agreed with Mr. Shannon's concerns but said the creation of these two lots will make it more difficult to add more lots in the future. Ms. Garber -Miller said the land has been in the Westhaver family for 100 years and they could have built a subdivision a long time ago. Motion passed 5-0-0. Hearing ended at 7:55 pm. 3. Old Business: • CHAPA (Citizen's Housing and Planning Association, Inc.): Ms. Garber -Miller read the annual report from CHAPA, who monitor the three 40B developments approved by the Zoning Board of Appeals. • Approval of April 25, 2017 minutes: Motion to approve (Luca/Pruitt). Motion passed 5-0-0. 4. Adjournment: Motion to adjourn at 8:10 pm (Luca/Shannon). Motion passed 5-0. Next meeting will be June 19, 2017. David Luca, Clerk 6 zo Date