MINUTES MANCHESTER-BY-THE-SEA ZONING BOARD OF APPEALS. Meeting May 25, 2016

Transcription

1 MINUTES MANCHESTER-BY-THE-SEA ZONING BOARD OF APPEALS Meeting May 25, 2016 Members Present: Michael Sullivan (Chairman), Andrew Crocker, James Diedrich, Gary Gilbert, and Sarah Mellish. Members Not Present: James O Neill. Mr. Michael Sullivan, the Chairman, called the Meeting of the Manchester-by-the-Sea Zoning Board of Appeals ( ZBA ) to Order at 7:03 p.m. Mr. Sullivan introduced the Board members to those in attendance. It is noted that the typed minutes represent the permanent record of the Board. The format of the hearing was explained to those in attendance by the Chairman. Mr. Sullivan explained the standard ZBA meeting procedures to the applicants and to the public. CONTINUED APPLICATIONS Application of Whitney M. Hammett for a Special Permit under Section of the Zoning By-Law, and/or other relief as may be necessary, to rebuild existing single-story garage in same footprint, adding a second story, at 15 Pleasant Street, Assessor s Map 40, Lot 8, District D, filed with the Town Clerk on March 28, Mr. Sullivan stated that Mr. Hammett is out of town this week and requested that his application be continued to the June 22, 2016 ZBA meeting. Mr. Sullivan added that Mr. Hammett has submitted new building plans, but has not yet had a lot survey done, as the board had recommended. Mr. Sullivan made a motion to continue the application of Whitney M. Hammett for a Special Permit under Section of the Zoning By-Law, and/or other relief as may be necessary, to rebuild existing single-story garage in same footprint, adding a second story, at 15 Pleasant Street, Assessor s Map 40, Lot 8, District D, filed with the Town Clerk on March 28, Mr. Diedrich seconded the motion. Mr. Sullivan, Mr. Diedrich, Mr. Crocker, Mr. Gilbert, and Ms. Mellish voted unanimously in favor of continuing the application to the June 22, 2016 ZBA meeting. Application of John M. Bennett for a Special Permit under Section and a Variance under Section 5.4 of the Zoning By-Law, and/or other relief as may be necessary, to go from 1 story to 2 stories within the same footprint, and increase the percentage of lot coverage by

2 structures from existing 25% to 29%, at 6 Windemere Park Extension, Assessor s Map 57, Lot 13, District B, filed with the Town Clerk on March 28, Mr. Mike Potter introduced himself as the architect on this project and distributed a revised summary and revised plans. Mr. Potter explained that he and Mr. Bennett considered the ZBA board members suggestions from the April 27, 2016 meeting, and various changes and modifications have been made to the plans, but noted that Mr. Bennett still prefers to build the house according to the original plans. There were two (2) modifications made to the southwesterly side of the house the bump-out has been decreased by 5-1/2 ft. first floor deck has been eliminated, which totals a decrease of 128 sq. ft., and reduced the proposed increase in the footprint by 33%, and reduced the previously proposed lot coverage by structure by 2.6% (2,793 sq. ft.). This project is not substantially more detrimental to the neighborhood. The neighbors are in support of this project. Mr. Crocker asked how the reduction of the proposed garage s width will be done, and Mr. Bennett said that the plan is to rebuild the garage. Mr. Crocker asked if the concrete slab behind the garage will become part of the building, and Mr. Bennett replied that it will remain a concrete slab. Mr. Sullivan explained that the existing structures are already over the lot coverage limitations and asked Mr. Bennett to explain why the expansion is necessary to make reasonable use of the house. Mr. Bennett replied that the existing house does not have a front door and they want to have a front door and they need the bump-out to make room for a larger kitchen. The house sits about 4 from the existing grade, so stairs and a platform will be needed for the front door. The platform may be enclosed. Ms. Mellish asked if the existing garage was closer to the lot line, and Mr. Bennett replied that it was. Mr. Sullivan asked if the plans presented this evening are final plans, and Mr. Bennett replied that these are not the final plans, but there will be final plans. Mr. Sullivan stated that typically final plans are required; otherwise, it is difficult to assess the necessity of the expansion without the final plans and whether or not the proposed project will be substantially more detrimental to the neighborhood. Mr. Bennett pointed out that the neighbors are in support of the proposed project, and Mr. Sullivan stated that is probably driven by the fact that the existing home needs to be renovated, and the neighbors would feel the same way with a smaller proposal. Mr. Sullivan asked the board members if they had any further questions, and they did not. Mr. Sullivan made a motion to close the evidentiary portion of the hearing. Mr. Diedrich seconded the motion. Mr. Sullivan, Mr. Diedrich, Mr. Crocker, Mr. Gilbert, and Ms. Mellish voted unanimously in favor of closing the evidentiary portion of the hearing. Mr. Crocker stated that his opinion hasn t changed since the last meeting. Mr. Gilbert stated that lot coverage is an important dimensional regulation that prevents over-building in Manchester-by-the-Sea. Mr. Gilbert explained that the existing building covers 25% of the lot and Mr. Bennett wants to expand it to almost 27.9%. Garages and decks are optional. If the garage was omitted from the proposed project, the lot coverage would be reduced to 22% (2,

3 sq. ft.). An option would be to reduce the proposed two-car garage to a single-car garage. Another option is to eliminate the proposed rear deck and just have a landing with a staircase to get out of the kitchen and down to the ground, which would save another 82 sq. ft., in addition to the single-car garage, it would bring the lot coverage down to 21%. Mr. Gilbert also suggested making the house 2 stories, instead of 1-1/2 stories. Mr. Sullivan stated that he spoke to Jonathan Silverstein, our town counsel, and Mr. Silverstein decided that this is indeed a Special Permit and not a Variance situation. Mr. Sullivan asked the board members if anyone feel that the board should impose a Variance requirement, notwithstanding town counsel s opinion, and the board members replied no. Mr. Diedrich stated that he visited the site today, and whatever they do to that house will be a significant improvement. Most of the homes in the neighborhood are very attractive and some are quite large I don t know how they compare with lot coverage. The proposed project will result in an attractive dwelling. It is not realistic to restrict the applicant to a one-car garage in this day and age. I understand that the lot coverage is an issue, but I think that in this case I would tend to waive that in favor of a significant improvement to the neighborhood. Ms. Mellish stated that the lot coverage is at 25.3% now and only going to 27.9, so it is not increasing the lot coverage very much. Mr. Gilbert stated that in the past, the ZBA has taken applicants right down to the last 1 or 2%, for example the 142 Summer Street application. Regarding this application, the existing house is 5% larger than it is supposed to be, and with the proposed project it will go 8% larger than it is supposed to be, and that is a significant increase. This lot is two-thirds the size of what is required in the neighborhood, and that makes the lot coverage issue acutely more important. Ms. Mellish stated that there are only two lots on Knight Road and Windemere Park Extension that conform to current zoning (lot size 15,000 sq. ft.). Mr. Gilbert referred to the Assessor s GIS map of the neighborhood and pointed out that Mr. Bennett s lot has the greatest amount of excess of what is allowable in the neighborhood. Mr. Sullivan suggested to Mr. Bennett that he could build a smaller house that would not require any relief from the ZBA. Significant and legitimate concerns have been expressed regarding lot coverage. Mr. Crocker suggested mitigating the dimensional issues. Mr. Sullivan asked Mr. Bennett if he would like this application to be continued and return with revised plans. Mr. Bennett stated he will not cut the proposed project any further and that their request for relief is reasonable. Mr. Sullivan made a motion to grant the application of John M. Bennett for a Special Permit under Section of the Zoning By-Law, and/or other relief as may be necessary, to go from 1 story to 2 stories, and increase the percentage of lot coverage by structures from existing 25.3% to 27.9%, at 6 Windemere Park Extension, Assessor s Map 57, Lot 13, District B, filed with the Town Clerk on March 28, Mr. Diedrich seconded the motion. Mr. Diedrich and Ms. Mellish voted in favor of granting the application, and Mr. Sullivan, Mr. Crocker, and Mr. Gilbert voted against granting the application. The application was denied

4 Documents Produced: Revised summary addendum (2 pages). Existing Conditions Plan, Proposed Conditions Plan, revised May 23, 2016 (1 page), Plan including East Elevation, West Elevation, South Elevation, and North Elevation, revised May 23, 2016 (1 page). NEW APPLICATIONS Application of Anthony & Kendra Bullock for a Variance under Section 5.4 of the Zoning By-Law, and/or other relief as may be necessary, to alter the lot lines to improve the properties, at 11 and 15 Proctor Street, Assessor s Map No. 16, Lot Nos. 44 & 43, District E, filed with the Town Clerk on May 2, Mr. Anthony Bullock introduced himself as residing at 13 Proctor Street, a resident since Mr. Bullock explained that at the site visit the board members requested a plan showing the new house that has already been built on the plan, but the engineers could not get this done in time for this meeting, and Mr. Bullock distributed the as-built plan of that property. Mr. Bullock explained that he has plenty of room for this setbacks at 45 ft., where only 20 ft. is required. There is no intention to play with the lines to make up for a mistake, in response to a question at the site visit. Mr. Bullock stated that he is requesting a reduction of the lot (Lot 3) from 90,000 to 84,560 (lot coverage 5.5%, where 15% is allowed), removing a 14 wide wedge of land, which will allow for a better connection if he decides to construct a two-car garage, and this narrowing also provides a better footprint if he decides to construct the garage in the other direction. Mr. Bullock explained that he is hoping to take a section away from Lot 1, so that the pool stays with the house (Lot 2, 13 Proctor), and take another portion of land away from Lot 2 and add it to Lot 1 to provide better lot width for the house that is being built on this property. The lots are at 11, 13, and 15 Proctor Street, as provided by the Town. The property has already been subdivided and approved according to all rules and regulations (ANR plan done 1-1/2 years ago). Mr. Sullivan explained that an ANR plan does not provide zoning relief. Ms. Mellish asked if these changes would create a non-conformity for 15 Proctor Street, and Mr. Bullock replied that it would. Mr. Crocker suggested drawing the line between 13 and 11, so both of those lots square footage will conform, and Mr. Bullock replied that it still wouldn t meet the 125 sq. ft. requirement the 80% of the first two acres. Mr. Sullivan asked Mr. Bullock if he purchased this property as one big lot, and Mr. Bullock replied yes. Mr. Sullivan stated that if Mr. Bullock didn t want to deal with these problems, he could have just not purchased the lot. Mr. Sullivan explained that this is an issue of self-created hardship and in addition, there are no plans relating to the septic system, proposed buildings, etc. and what the impact will actually be on the neighborhood. The upper left-hand portion of 15 Proctor Street is a wooded, sloped area that follows down to the marsh and is not buildable. Mr. Sullivan stated that Mr. Bullock has not articulated why the various elements of Section are satisfied and also Mr. Bullock purchased this property after the changes of the By-Law. Mr. Sullivan also stated that he senses some opposition to this proposed project from the neighbors, which is all the more reason to follow the rules of the By-Law. Mr. Bullock replied that the neighbors are opposed to this proposed project

5 Mr. Bullock stated that he plans on considering other options for the lot lines. There were residents from the neighborhood present at the meeting. Mr. Bullock stated that he would like to withdraw his application. Mr. Sullivan made a motion to allow Mr. Bullock to withdraw, without prejudice, the application of Anthony & Kendra Bullock for a Variance under Section 5.4 of the Zoning By- Law, and/or other relief as may be necessary, to alter the lot lines to improve the properties, at 11 and 15 Proctor Street, Assessor s Map No. 16, Lot Nos. 44 & 43, District E, filed with the Town Clerk on May 2, Mr. Diedrich seconded the motion. Mr. Sullivan, Mr. Crocker, Mr. Diedrich, and Mr. Gilbert voted unanimously in favor of allowing the applicant to withdraw this application without prejudice. Documents Produced: New house as-built plan (1 page) and Plan of Land prepared by LeBlanc Survey Associates, Inc., stamped and signed by Vernon LeBlanc on 4/27/16 (1 page). ADMINISTRATIVE MATTERS Mr. Sullivan made a motion to approve the April 27, 2016 ZBA meeting minutes. Mr. Diedrich seconded the motion. Mr. Sullivan, Mr. Diedrich, Mr. Crocker, Mr. Gilbert, and Ms. Mellish voted unanimously to approve the April 27 th minutes. Ms. Andrea Fish (Planning Board) announced that the Board of Selectmen, Planning Board, and Zoning Board of Appeals will meet on June 27, 2016 to consider Mr. Gary Gilbert s proposed amendment to Section Mr. Sullivan stated that the ZBA clerk forwarded a question that a future applicant, Mr. Thomas McGahan 24R Norwood Avenue, had regarding whether or not the Mortgage Inspection Plan submitted with the application will be adequate. Mr. Sullivan explained that his initial sense was that we typically request something more definitive than that. Mr. Sullivan communicated with Mr. McGahan by and told him that he would discuss this issue with the rest of the board members at tonight s meeting. Mr. Sullivan explained that Mr. McGahan is proposing substantial modifications, but on the existing footprint, and they will be building up, not out. Mr. Sullivan distributed the Mortgage Inspection Plan to the board members. Mr. Sullivan suggested that Mr. McGahan file the application as is. There will be a site visit, and at the site visit the board members will determine what plans, survey, or other information will be required. Mr. Gilbert and Mr. Crocker presented their revised ZBA application, and the ZBA board members reviewed the revised application and had a lengthy discussion regarding it. Various suggestions for revisions were offered. Mr. Gilbert and Mr. Crocker will make the necessary revisions, and the revised application will be presented and discussed at the June 22, 2016 ZBA meeting

6 Mr. Sullivan made a motion to adjourn the meeting. Mr. Diedrich seconded the motion. Mr. Sullivan, Mr. Crocker, Mr. Diedrich, Mr. Gilbert, and Ms. Mellish voted in favor of adjourning the meeting at 9:10 p.m. Respectfully submitted, Adele Ardolino, Clerk Manchester-by-the-Sea Zoning Board of Appeals These Minutes were approved by the members of the Zoning Board of Appeals on June 22, N.B. These minutes are not verbatim. They are the administrative assistant s interpretation of what took place at the meeting