HomeMy WebLinkAboutZBA 04/09/2019Town of Mansfield RECEIVED
Zoning Board of Appeals TOWN CLERKS OFFICE
Meeting Minutes
April 9, 2019 2019 JUL 18 A 8& 48
Present: Elisabeth Garber -Miller, Chair; Darlene Pruitt, Clerk; Philip SI1 01 D TS
Cummings; Eric Correira; �'
Guests: John Hughes, Anna Hughes, Dennis Philbrook, Tony Sabatino, Warren Baker,
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The meeting of the Mansfield Zoning Board of Appeals was called to order by Chair
Elisabeth Garber -Miller at 7:30pm
1ne cnair rear the puonc nearing notice on the petition or Anna ann ionn nugnes for a
Variance from Zoning By -Law Section 230-4.2.A, Side Yard Setback, for the
construction of an addition with an 18.3-foot sideyard setback where 25 feet is required at
10 Donovan Lane (Assessors Map 8, Parcel 68) 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 on March 22, 2019
and March 29, 2019;
• Application for Variance, filed with the Town Clerk's Office on February 13, 2019
• "Zoning Plan 10 Donovan Lane" dated January 8, 2019 and prepared by Hutchins -
Trowbridge Associates, Inc.
Michael Trowbridge, Hutchins -Trowbridge Associates, Inc. and homeowners Anna and
John Hughes were present.
Mr. Hughes explains they're looking to install an addition onto their house. He says they
love the neighborhood and would like to stay there but need additional space. He's
looking to add an additional bathroom and there will be minimal plumbing required.
Ms. Garber -Miller asks if it's a full bath. Mr. Hughes says yes. Mr. Shannon asks if this
is a two-story addition. Mr. Hughes says yes. Mr. Shannon asks if it's a little higher than
the existing. Mr. Hughes says the architect explained if it's bumped up a little it'll
minimize support. Mr. Gallagher asks if there are any wetland restrictions on the lot. Mr.
Hughes says no. Mr. Cummings asks if there is any reason why they can't build behind
the house. Mr. Hughes says it wouldn't work. Mr. Cummings asks if they could have the
storage area behind the addition as that's the concern with the setback. Mr. Hughes says
it's going to make it so they can have extra closet space and the bathroom upstairs. Mr.
Cummings asks if there's any hardship with the lot. Mr. Hughes says the lot narrows
because it's set far back on a hill. Mr. Gallagher asks about the condition of the space
behind the house. Mr. Hughes says it's all flat with a deck and patio area.
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Ms. Garber -Miller fields for comments or questions from the audience. Mr. Philbrook
says he has no objections. He says they're very good neighbors with a growing family
and he'd hate to see them move. He says all the neighborhood kids play together. Mr.
Sabatino agrees with Mr. Philbrook's statement and reiterates that they'd like to keep
their neighbors.
Mr. Shannon asks if they are on septic. Mr. Hughes says yes. Mr. Shannon says if the
septic was on the other side this would've helped. He asks if there is a ledge of any kind.
Mr. Hughes says the entire front area is a ledge. He says he also tried to build a pool but
was unable to due to a ledge.
Mr. Gallagher asks if they've investigated building behind the house. Mr. Hughes says
they would lose the whole side yard. He says he's tried to have a pool installed but they
were told he's unable to do that. He says he would have the same issue trying to build the
addition behind the house. Mr. Gallagher says if they had a statement saying it's
unbuildable back there they could provide a variance based on that. Mr. Hughes says
other neighbors have had these types of variances approved. Ms. Garber -Miller says they
don't have information on why those variances were approved. She says if his goal is
more space for his family, then he can still provide this by eliminating the 7-foot
breezeway from the plan. Mr. Hughes says if he can't build the addition then he will
place his house for sale. Ms. Garber -Miller says he has not provided the Board with
information to meet the hardship requirement. Mr. Cummings says since there's plenty of
room in the back to build the addition or they could remove the 7-foot breezeway. Ms.
Pruitt asks if they'd be willing to continue the hearing. Mr. Gallagher explains the ability
to continue the hearing. Mr. Shannon says if they were able to redesign the plan to reduce
the space that it would help.
Mr. Hughes says most every other house in their neighborhood is designed this way. Ms.
Garber -Miller says she drove through the neighborhood earlier and that this is not the
case. She says there are ways to accomplish what they're looking to accomplish without
going over the set back. She explains it's not always for current neighbors but also for
potential neighbors. She says it's the breezeway that is creating the need for a variance.
Mr. Hughes requests a continuation of the hearing
1. March 19, 2019 letter from Attorney Warren Baker re: Sale of Cedar Heights [Chapter
40B Comprehensive Permit on Connors Avenue];
April 8, 2019 letter from Attorney Rodney G. Hoffman, Brooks & DeRensis, Town
Counsel's office;
April 8, 2019 memo from Shaun P. Burke, Director of Planning and Development
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Ms. Garber -Miller verifies this is in regards to the sale of Cedar Heights. She says she's
forwarded the request to Town Council and they were instructed to ensure the
requirements put forth in the motion are followed.
Mr. Baker says they're closing on Thursday and that the name of the entity will be
changed. He says the technical name will be Mansfield Apartments One, LLC.
Motion: To approve the proposed change in the principals of the grantee of the
Cedar Heights Comprehensive Permit with the following conditions:
• The transferee will be a Limited Dividend Organization within the meaning of 760
C.M.R 56.02;
• The transferee will comply with the affordability guidelines set forth in the
Comprehensive Permit;
• The transferee will enter into a Monitoring Services Agreement with an appropriate
agency; and
• The transferee will continue to contribute to the Housing Support Fund as set forth
in the Comprehensive Permit.
Motion made by Mr. Cummings, 2nd by Ms. Pruitt;
5 in favor. 0 opposed. 0 abstentions. PASSES
2. March 12, 2019 minutes
Item tabled until next meeting.
3. Discussion with Mark Tarlton re: Article 37 - Citizens' Petition 2019 Annual Town
Meeting
Article 37: To amend the Town's Zoning Bylaw, Chapter 230, to the extent necessary to change
the Schedule of Principal Use Regulations, Section 4.2B, of the Zoning By-laws for the Central
Business District, B 1, and the Downtown Mixed Use District, B2, as shown below of the Zoning
Bylaw, Schedule 4.2B, Density and Dimensional Regulations Business and Industrial Districts to
provide a Maximum Building Height By Right of 36 for the Central Business District, B 1, and
the Downtown Mixed Use District, B2.
No representation for this discussion present. No discussion had.
at 8:18 p.m. (Mr. Shannon — Ms. Pruitt) All in favor.
Date of next meeting: May 21, 2019 at 7:30 p.m.
_21ar i3ne itt, Clerk Date
4/9/19