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HomeMy WebLinkAboutZBA 10/22/2019Town of Mansfield Zoning Board of Appeals Meeting Minutes October 22, 2019 RECEIVED C!..ERK OFFICE 20Iq NOV 20 A 4; 28 Present: Elisabeth Garber -Miller, Chair; Darlene Pruitt, Clerk; IVr�attlieu',Ctiariiiiiiig>S Philip Shannon, Eric Correira, Guests: Dana Franco (1382 West Street), Steve Van Newkirk (98 Plain Street), Jason Kmechic (320 Ware Street), Liisa Niemi (320 Ware Street), Paul Jodice (35 Bella Vista) The meeting of the Mansfield Zoning Board of Appeals was called to order by Chair Elisabeth Garber -Miller at 7:30pm. Liisa Niemi for a Variance from Zoning By -Law Section 230-3.(NA(1), Accessory Uses, Yards and Coverage, for the construction of a garage in the 'front yard area" rather than the "rear yard area" at 320 Ware Street (Map 35, Parcel 45) in the Residential 1 (RI) zone. Ms. Niemi says they're waiting for their builder. Ms. Garber -Miller asks Ms. Niemi if she'd like to explain the variance request. Ms. Niemi says it's an old house from the 60's and it's a large lot. She says they're looking to add a garage that is separate from the house. She says it's proposed to be at an angle and because of that it doesn't match the parallel roof line. She says it does stay within the limits of the side yard setback. Mr. Cummings asks if all the wetlands are on her property. Ms. Niemi says it's split between her property and her neighbors. She says the neighbor is her cousin. Mr. Jodice introduces himself. Ms. Garber -Miller says she's trying to tell the shape of the garage. She asks if it's a square with a smaller square behind it. Mr. Jodice says the small structure behind the garage will be a work out room. Ms. Garber -Miller asks if it's two stories. Mr. Jodice says the concept was to have light come in from the second story windows down to the first story. He says they tried to do something that made it look like it was there to begin with. He says they picked this style because the driveway has a turnaround. He says he worked with Mr. Trowbridge to ensure it's not within setback restrictions. Mr. Jodice says they didn't realize that the definition of garage was an accessory structure and that it's not very well differentiated. He says he is planning on going to the Planning Board to present a case to change that by-law. Ms. Garber -Miller says it's in place to avoid putting garages all over the place. Mr. Jodice says that Mr. Blackman says this by-law was focused around pools in front yards. Mr. Jodice says there is a single sentence at the beginning of the by-law and that's the only aspect they're looking to address. Ms. Garber -Miller asks what the hardship is. She says she understands wanting to use the existing driveway but on the other side there is a camper, shed, and another screened in porch. Ms. Niemi says that end of the house is for her college age kids and that driveway is not paved. Mr. Jodice says that area is meant for accessory vehicles. Ms. Garber -Miller says they could put a detached garage on that side. Mr. Jodice says they looked at that and the proximity to the house but they want to utilize everything that already contours over the land. Ms. Garber -Miller queries for questions. Mr. Shannon asks for the total size of the garage. Mr. Jodice shows a plan to Mr. Shannon and says it's a workout room. Mr. Jodice says the purpose of the windows is to illuminate the workout room. Mr. Shannon expresses concern that it could turn into a studio apartment and thanks Mr. Jodice for the clarification. Mr. Correira asks for verification on the location of the wetlands and septic systems on the property. Mr. Jodice verifies that the wetlands are all over the map and there is a Septic system in place. Mr. Jodice says they've done a lot of work with conservation. Mr. Cummings asks what's behind the property. Ms. Niemi says it's all conservation land. She says that there are two pine trees that would need to come down if they were to put the garage on the other side. Mr. Jodice says the hardship is there are many pieces of the puzzle and wonders if it went in front of the Town, at a Town Meeting, if they could change the definition of a garage. He says this is what he's planning on bringing to the Planning Board. Mr. Jodice explains the proposition he's planning on bringing to the Planning Board. Ms. Garber -Miller queries for questions. Mr. Shannon asks if it can be classified as a garage if it has a room off of the structure. Mr. Jodice says that when you park two cars in the garage then you don't have space for accessory equipment. He says that's why he included a three foot door. Mr. Shannon asks if there are any sheds on the property now. Mr. Jodice says yes but when dealing with snow removal a person wouldn't want to go out back for it. Ms. Garber -Miller says there are no additional structures on the plan. Mr. Shannon says he's surprised that it was not put on the plan. Mr. Jodice asks if it's on the property. Ms. Garber -Miller says it is in the same style of the house. Ms. Niemi says it is on her property and is owned by them. She says it's used to store wood. Mr. Jodice says they're trying to avoid cutting down trees if they don't have to. Ms. Garber -Miller closes the hearing at 7:57pm. Ms. Garber -Miller says she understands the house is set up the other way but there is ample room on the other side of the property. Mr. Correira says the septic is behind the house. He clarifies it says cesspool and not septic on the plans. Ms. Garber -Miller says she understands why, because of the driveway, but they can comply with the zoning if they built it on the other side. She says that it's not just a garage and wonders what the impact of that is. Mr. Cummings asked if Ms. Garber -Millers opinion would change if the other buildings were on the plan. Mr. Correira asks what the other building was used for. Ms. Garber -Miller says the other person present with Ms. Niemi says it was used for storage. Mr. Correira says if the driveway didn't exist then the first place to place the garage would not be where it's being proposed. Mr. Cummings says there is a hardship to the property with the wetlands. Ms. Garber -Miller says if you drive down Ware Street then this (the garage) wouldn't be offensive; as it could be in another location. She says there is some terracing on the property. *Motion to approve a variance from Zoning By -Law Section 230-3.8A(1), Accessory Uses, Yards and Coverage, for the construction of a garage in the "front yard area" rather than the "rear yard area" for Liisa Niemi at 320 Ware Street (Map 35, Parcel 45) in the Residential 1 (RI) zone per the plan presented made by Mr. Cummings, 2"d by Mr. Shannon. Vote 4-1 PASSED 25.5 feet of front yard setback where 40 feet is required- and Section 230-3.8A(1), Accessory Uses, Yards and Coverage, to construct the carport within the `front yard area" rather than the "rear yard area" at 98 Plain Street (Assessor's Map 4, Parcel 57) in the Residential I (RI) zone. Ms. Garber -Miller appoints Mr. Correira. Mr. Newkirk says they want to have a two car carport. He says they have a corner lot and when they got the lot surveyed they found out that Town owns twelve feet off of the curb instead of six feet. He states that he has a letter from his neighbor right across from his driveway to present if needed. Ms. Garber -Miller asks what street the neighbor is on. Mr. Newkirk says it's on Lakeview whose line of sight is directly across from his property. Ms. Garber -Miller asks what the height is. Mr. Franco says it's just a roof on stilts and that it's about 14 feet to the actual ridge of the carport. Mr. Shannon verifies it's a gable roof. Mr. Franco says there's no foundation. Mr. Newkirk says he wanted to get a metal one that he could just throw up but his wife requested a nicer looking carport. Mr. Franco says it'll have siding and roofing to match the house. He says the hardship is that he has two frontages being a corner lot. He says if you try to push it back from the twelve foot off the curb it encroaches within the ten foot buffer of the house. Ms. Garber -Miller asks if they'll use the existing driveway. Mr. Newkirk says yes. Ms. Garber -Miller queries for questions. There are none. Ms. Garber -Miller closes the hearing at 8:04pm. *Motion to approve a variance for the construction of a carport with 25.5 feet of front yard setback where 40 feet is required; and Section 230-3.8A(1), Accessory Uses, Yards and Coverage, to construct the carport within the "front yard area" rather than the "rear yard area" for Stephen Van Newkirk and Christine Van Newkirk at 98 Plain Street (Assessor's Map 4, Parcel 57) in the Residential 1 (RI) zone made by Mr. Cummings, 2Id by Mr. Shannon. Vote 5-0 PASSED Meeting Minutes, July 16, 2019 *Motion to approve the minutes from July 26, 2019 made by Mr. Shannon, 2"d by Ms. Pruitt. VOTE 5-0 PASSED Meeting Minutes, August 20, 2019 *Motion to approve the minutes from August 20, 2019 made by Mr. Shannon, 2"d by Mr. Cummings. VOTE 5-0 PASSED *Motion to adjourn made at 8:21pm by Mr. Cummings, 2"d by Mr. Shannon. Vote 5-0 PASSED Date of next meeting: November 19, 2019 at 7:30 p.m. E�rlvene'ruitt, Clerk Da El