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HomeMy WebLinkAboutZBA 01/09/2018Town of Mansfield_ RECEIVED Zoning Board of Appeals Minutes )Ct€Yi`•1 C( _RKS OFFICE January 9, 2018 2018 es nt MAR I The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:30 pm. .44 5 hearing were the following members: Elisabeth Garber -Miller, Chair; Darlene Pruitt, Clerk; Mqkttl zr� v ngs; Philip Shannon; Associate Member Eric Correira; Associate Member Ryan Maxwell. MASA Ari !SETTS 1. Meeting opened at 7:30 pm. 2. Reorganization: Mr. Cummings made the motion to nominate Ms. Garber -Miller as Chair. Mr. Shannon seconded the motion. Motion passed 5-0-0. Mr. Cummings made the motion to nominate Ms. Pruitt as Clerk. Mr. Shannon seconded the motion. Motion passed 5-0-0. 3. William Jackson, 55 Court Street, Map 24, Parcel 24. The Chair read the public hearing notice for the application of William Jackson for a Finding from Zoning By -Law Sections 230-3.104B, Non -Conforming Uses and 230-7.2(4), Findings for the change, extension, alteration or reconstruction of a pre-existing, non -conforming structure with less than the required side yard setback at 55 Court Street (Assessor's Map 24, Parcel 24) in the Residential 3 (113) Zone. The following documents were introduced at the public hearing: • Application for Variance, filed with the Town Clerk's office December 8, 2017; • A copy of the public hearing notice; • "Zoning Plan 55 Court Street" dated November 29, 2000, prepared by Hutchins -Trowbridge Associates, Inc. • Letter received December 28, 2017 from John & Barbara Riccio. Mr. Correira was appointed a voting member for this public hearing. William Jackson explained he is proposing to renovate his parents' home at 55 Court Street by adding to the kitchen on the left side, which currently has a 9.3 -foot setback, where 15 is required, and to the living room on the right side, which currently has a conforming 23 -foot setback. The front yard has a setback of 19.8 feet, where 30 feet is required. The additions would not increase the existing non -conformity. Ms. Pruitt asked if there are two driveways on the property; Mr. Jackson said there is only one driveway. Mr. Cummings made the motion that the request.for a finding at 55 Court Street is an increase in a pre-existing, non -conforming condition. Mr. Shannon seconded the motion. Discussion: Mr. Shannon said this project will not be detrimental to the property. Ms. Garber -Miller said they are just filling in the existing outline of the house. Motion passed 5-0-0. Mr. Cummings made the motion that the increase in the pre-existing, non -conforming condition, per the plan "Zoning Plan 55 Court Street" dated December 7, 2017, is no more detrimental to the neighborhood than the current condition. Mr. Shannon seconded the motion. Discussion: Ms. Garber -Miller said the additions will not be any closer to the lot lines and the owners are.just filling in the gaps in the house line. Motion passed 5-0-0. Hearing ended at 7:37 pm. 4. Edward R. & Deborah L. Jameson, 427 Mill Street, Map 37, Parcel 47 The Chair read the public hearing notice for the application of Edward and Deborah Jameson for a Variance from Section 230, Schedule 4.2A, Density and Dimensional Regulations, Residential Districts, to allow for the creation of a lot with less than the required frontage and lot width at 425 Mill Street in the Residential 1 (111) Zone. • Application for Variance, filed with the Town Clerk's office December 8, 2017; • A copy of the public hearing notice; • "Zoning Plan Jameson Property Mill Street" dated November 29, 2000 and revised January 5, 2012 and December 7, 2017, prepared by Hutchins -Trowbridge Associates, Inc. Mr. Cummings recused himself due to a conflict; Mr. Correira and Mr. Maxwell were appointed voting members for this public hearing. Mr. Jameson explained he applied for and was granted a variance in 2012, but due to serious medical problems, he was unable to record the variance. Ms. Garber -Miller noted Mr. Jameson's intention is to build a house on the existing Lot A, where there is currently a landscaping business. Mr. Jameson explained his son now owns the landscaping business, but he and his wife own the property. He said because of his health issues he can no longer navigate the stairs, so he would like to build a small, one-story house on the property. David Hobaica, 12 Patriots Way, said he came in support of this project when it was first presented in 2012 and, after reviewing the site plans, said he is still in support and does not see any detriment. Clinton Mann, 401 Mill Street, said he is indifferent to Mr. Jameson building the house, but is concerned about the loss of his privacy because the front door of the new house will be facing his back yard. Ms. Garber -Miller said at the 2012 hearing, she was concerned the house and business could be sold separately and owned by different people. She said she was also concerned that when Lot 2 was sold, a small strip of land was left that would provide access to Lot A off Mill Street, and that Mr. Jameson had created his own hardship by selling Lot 2. Mr. Jameson said there is a 25 -foot buffer deeded to him when Patriots Way was built so his front door would be facing his own property. Ms. Garber -Miller pointed out the house envelope shown on the plan is large and the house could be moved towards the back corner and away from the office, garage and Mr. Mann's property. Mr. Jameson said he would move the house to the left side of the envelope. Ms. Garber -Miller said she does not see that anything has changed from 2012 when the variance was approved and she feels she needs to be consistent. Mr. Shannon asked Mr. Mann if there was enough of a buffer between the properties. Mr. Mann said there is a buffer, but he is concern about the loss of privacy. Mr. Maxwell asked if a new lot would be created with this variance. Ms. Garber -Miller said the lots have already been created; Lot 1 is owned by the Town of Mansfield and Mr. Jameson sold Lot 2. Mr. Jameson owns and proposes to build the new house on Lot A; the landscaping business's buildings would be accessary structures. Mr. Hobaica said Mr. Jameson is a hard-working person, having worked as a landscaper and a gentleman farmer for 50 years, and this is a way for him to financially have a retirement home. Mr. Hobaica said he understands Mr. Jameson may have created a hardship by selling Lot 2, but he thinks this is a worthwhile project to approve. Ms. Pruitt made the motion to approve the application of Edward and Deborah Jameson for a Variance from Section 230, Schedule 4.2A, Density and Dimensional Regulations, Residential Districts, to allow for the creation of a lot with less than the required' frontage and lot width at 425 Mill Street in the Residential 1 (131) Zone, in accordance with the plan, "Zoning Plan Jameson Property Mill Street" dated November 29, 2000, revised January 5, 2012 and December 7, 2017, prepared by Hutchins -Trowbridge Associates, Inc. Mr. Correira seconded the motion. Discussion: Mr. Correira noted the board granted a variance in 2012, finding there was a hardship; he asked what the rationale was for that decision. Motion denied 3-2-0 (Shannon, Maxwell, Pruitt in favor; Garber -Miller, Correira opposed) Hearing ended at 8:05 pm. 5. New Business: 6. Old Business: Letter dated January 2, 2018 from Cathleen and Walter Crickard, 23 Tanya Drive, requesting to withdraw their request for a variance for 11 Tanya Drive without prejudice. Mr. Shannon made the motion to approve the request to withdraw without prejudice the request for a variance for 11 Tanya Drive. Mr. Cummings seconded the motion. Motion -passed 5-0-0. Mr. Shannon made the motion to approve the minutes of November 28, 2017 as written. Ms. Pruitt seconded the motion. Motion passed 5-0-0. 7. Adjournment: Motion to adjourn at 8:15 pm (Pruitt/Shannon) Motion passed 5-0. Next meeting will be January 9, 2Q18 at 7:30 pm. 1"-Darte er P�Clerk rd 'l Date