HomeMy WebLinkAboutZBA 02/05/2019Town of Mansfield Rc*GElVED
Zoning Board of Appeals Minutes�t1'g7N' i I Ir_R ,S oFF(CE
February 5, 2019
2611 W 13 P 2' 31
The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield,�Af7E 0om.
Present at the hearing were the following members: Elisabeth Garber-Miller,ir�tl$r�ii�j
Clerk; Matthew Cummings; Philip Shannon; Aaron Gallagher; Associate Member Eric Correira.
1. Meeting opened at 7:30 pm.
2. Reorganization.
Ms. Garber -Miller asked for nominations for Chair.
Mr. Shannon motioned to nominated Ms. Garber -Miller for Chair.
Mr. Gallagher seconded the motion.
Motion passed 5-0-0.
Ms. Garber -Miller asked for nominations for Clerk.
Mr. Cummings motioned to nominated Ms. Pruitt.
Mr. Shannon seconded the motion.
Motion passed 5-0-0.
3. Joseph Conlon, 9 Janet Lane, Map 13, Parcel 59.
The Chair read the public hearing notice for the application of Joseph Conlon for a Variance from
Zoning By -Law Section 230-4.2A, Side Yard Setback, for the construction of an addition with a 17.2 -
foot sideyard setback where 25 feet is required at 9 Janet Lane (Assessor's Map 13, Parcel 59) in the
Residential 1(R1) zone.
The following documents were introduced at the public hearing:
• Copy of public hearing notice, which ran in the Mansfield News January 18, 2019 and January
25, 2019;
• Application for Variance, filed with the Town Clerk's Office on January 3, 2019;
• "Zoning Plan 9 Janet Lane dated December 28, 2018, prepared by Hutchins -Trowbridge
Associates, Inc.
Homeowners Mr. and Mrs. Conlon were present.
Mr. Conlon explained he has owned the house since 2007 and would like to put an addition on the
left side of the house with a 17.2 -foot side yard setback, where 25 feet is required. He said the
addition would have a basement for a home gym, a first floor home office and a two-story garage
with a family/living room above. He said putting the addition on the left side of the house will cause
the least amount of negative impact to the abutting neighbors. He said an option would be to locate
the addition in the back of the property, but he said that would put it closer to his neighbor's
driveway.
Mr. Joseph Collins, 15 Janet Lane, said the addition would encroach into the 25 -foot setback next to
his house and said there is no hardship demonstrated. He said the addition would intrude on his
privacy and impact the value of his house. He said the houses in the neighborhood were all built a
certain size and Mr. Conlon would be doubling the square -footage of his house.
Charlene Stanion, 340 Elm Street, said she was concerned about the height of the addition. Mr.
Shannon said the addition would be 35 feet high.
Mr. Conlon said he would not need a variance if he turned the addition but, by doing so, the addition
would be facing Mr. Collins's house. He mentioned there are a number of homeowners in the
neighborhood who applied for and were granted variances for additions as large or larger than the
addition he is asking for. He said he spoke with several of his neighbors who had no objection to the
proposal.
Mr. Cummings motioned to approve the application of Joseph Conlon for a Variance from Zoning By -
Law Section 230-4.2A, Side Yard Setback, for the construction of an addition with a 17.2 -foot sideyard
setback where 25 feet is required at 9 Janet Lane (Assessor's Map 13, Parcel 59) in the Residential 1
(R1) zone, in accordance with the plan "Zoning Plan 9 Janet Lane' dated December 28, 2018,
prepared by Hutchins -Trowbridge Associates, Inc. Mr. Gallagher seconded the motion.
Discussion:
Ms. Garber -Miller said there is no hardship demonstrated and, by rotating the addition, the Applicant
would not need a variance.
Motion failed 0-5-0.
Hearing ended at 7:51 pm.
4 . Mohamed Habibullah and Seheli Sultana, 17 Evans Circle.
The Chair read the public hearing notice for the application of Mohamed Habibullah and Seheli
Sultana for a Variance from Zoning By -Law Section 230-4.2.A, Side Yard Setback, for the construction
of a garage addition with a 7.8 -foot sideyard setback where 15 feet is required at 17 Evans Circle
(Assessor's Map 30, Parcel 90) in the Residential 2 (112) zone.
The following documents were introduced at the public hearing:
• Copy of public hearing notice, which ran in the Mansfield News December 28, 2018 and
January 4, 2019;
• Application for Variance, filed with the Town Clerk's Office on December 14, 2018;
• "Proposed House Addition at No. 17 Evans Circle Mansfield, MA dated October 2, 2018,
prepared by RIM Engineering Co., Inc.;
Homeowner Mohamed Habibullah explained he would like to build a garage addition with a 7.8 -foot
side yard setback, where 15 feet is required, for his disabled son, which would allow him to be more
independent.
Mr. Cummings asked Mr. Habibullah if he had considered moving the garage addition behind the
house. Mr. Habibullah said he did but wanted to see if it was possible for the garage addition to be on
the side of the house instead. He said he spoke with his neighbor, Patrick Hourigan, 15 Evans Circle,
who said he had no objection to the proposed garage addition.
There were no public comments.
Mr. Cummings motioned to approve the application of Mohamed Habibullah and Seheli Sultana for a
Variance from Zoning By -Law Section 230-4.2.A, Side Yard Setback, for the construction of a garage
addition with a 7.8 -foot sideyard setback where 15 feet is required at 17 Evans Circle (Assessor's Map
30, Parcel 90) in the Residential 2 (112) zone, in accordance with the plan "Proposed House Addition at
17 Evans Circle Mansfield, MA" dated October 2, 2018, prepared by RIM Engineering Co., Inc. Mr.
Shannon seconded the motion.
Discussion:
Mr. Cummings said while he sympathized with Mr. Habibullah, there is no hardship.
Ms. Garber -Miller said an option would be to move the garage addition to the back of the house.
Motion failed 0-5-0.
Hearing ended at 7:56 pm.
5. Adjournment:
Motion to adjourn at 8:15 pm. (Cummings/Gallagher) Motion passed 5-0-0.
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a 'ene Pruitt, Clerk Date