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HomeMy WebLinkAboutmin of zba 11/14/00 r "RECt:1VEO ZONING BOARD OF A~~LFH\\S OfF leE MINUTES 0\ J~N 25 M" 9: 22 MAtic~F\ELO NOVEMBER 14,2000 MASSACHUSETTS The Zoning Board of Appeals held its regular meeting in the Town Ha14 Mansfield, MA, at 7:30 P.M. Present at the hearing were the following members: Richard Devine, Chairman; Leonard Flynn, Clerk; Eric Butler; Olivier Kozlowski; Elisabeth Garber- Miller, Associate Member; and Peter DeTrolio, Associate Member. Mrs. Garber-Miller was appointed voting member for this hearing in place of Mr. Vultaggio. Mr. DeTrolio was appointed voting member for this hearing in place of Mr. Kozlowski who arrived late. The hearing on the application ofFreddi Salden for a Variance from Section 4.2.1 of the Zoning By-Law to allow for a garage and mudroom addition which will result in less than the required side yard setback, with the existing house located at 7 Matthew Lane in the R-l Zone began at 7:30 P.M. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as r Exhibit "B"; and a Proposed Addition Plan Lot #42, 7 Matthew Lane, Mansfield, MA dated 8/14/00 and revised 917/00 and prepared by Hutchins-Trowbridge Associates, Inc., Mansfield, MA, was labeled as Exhibit "C". Mr. Flynn read a letter from the Planning Board into the record. "With four (4) members present, the Board voted unanimously to send a negative recommendation on this application. The Board did not see any indication of the need for a variance under Chapter 40A, Section 7. The applicant has not demonstrated any unique character of the lot or a hardship to the land." Mr. Devine asked the applicant to present his case. Dennis Gordon introduced himself as the contractor and Mrs. Salden as the applicant. Mrs. Salden explained that now you enter the house right into the den. They would like to gain space with a mudroom and garage. Presently the den and kitchen area is severely cluttered, very unorganized and no closet space on the first floor. The mudroom would give them valuable storage space and make the living space much more functional. Also, the proposed addition would be a one-story addition. Mrs. Salden also explained that they love the neighborhood and do not want to move to gain more space. r Mrs. Salden presented a petition of abutter and non-abutting neighbors. Mr. Flynn read the petition into the record. "The undersigned have seen the survey and plans for the proposed garage and mudroom at 7 Matthew Lane. By signing the petition we are stating that we have no objection to this plan and the required variance needed. We agree that the plan is appealing and conforms to the current design of homes in our neighborhood." The petition was signed with 28 positive signatures. r MINUTES OF NOVEMBER 14, 2000 Page 2 of5 Mr. Gordon presented elevation drawing to the Board. The hearing closed at 7:40 P.M. The hearing on the application of Stephen Pyne for a Variance from Section 3 .8.1.A of the Zoning By-Law to allow for a detached garage with less than the required side yard setback, with the existing house and garage located at 199 Oak Street in the R-l Zone began at 7:45 P.M. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Board of Appeals "As-Built" Plan of Land in Mansfield, MA dated October 25, 1999 and prepared by David E. Grant, PLS, 108 Central Street, Mansfield, MA, was labeled as Exlnbit "C". There was no letter from the Planning Board. Mr. Devine asked the applicant to present his case. Mr. Pyne explained that he came before the Board in March of 1998 to replace his r existing garage that was in temble condition. He believed that he was granted 2' 5" but the signed plan says 4'. He never reviewed the plans and does not know where the 4' came from because he never saw those plans. He stated that someone else must have dropped off those plans. The garage has now been built. Mr. Pyne stated that he is before the ZBA because he was informed by Bert Cook, who fulled to give Mr. Pyne an occupancy permit, because the garage is non-conforming, to either obtain a variance, move the garage or tear it down. Mr. Butler stated that he is surprised by this story. The Board is very accurate and they made by Mr. Pyne come back a few times because he did not have the correct documents. Also, Mr. Pyne did present the Board with the 4' pIan. Mr. Pyne stated that he takes full responsibility for this situation. He did not intent to deceive anyone. The Board asked which plans were given to the engineer, and maybe Mr. Pyne has a complaint against his engineer. Mr. Pyne stated again that he takes the responsibility, has no complaint against the engineer and the mystery is that he never saw the plan for 4'. He also stated that he has lived there for 25 years, spent over $30,000 on this garage and had been planning this for years. r r MINUTES OF NOVEMBER 14, 2000 Page 3 of5 Mr. DeTrolio stated that he has known the Pynes for years. They are very honest and have discussed this garage for years. They would never try to deceive anyone and he could never see them doing anything dehberately like this. The hearing closed at 8:05 P.M. The hearing on the application of Catherine Memory for a Variance from Section 4.2.1 of the Zoning By-Law to allow for a detached garage, to be located in the front area ofthe lot, with less than the required side yard setback, with the existing house and lot located at 23 Lakeview Avenue in the R-l Zone began at 8:05 P.M. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; a Proposed Garage at Hse No. 23 Lakeview Avenue in Mansfield, MA dated September 10, 1999, prepared by RIM Engineering Co., Inc., Mansfield, MA, and labeled as Exhibit "C"; and Elevation Drawings prepared by Custom Design (508) 226-2122, dated May, 2000, and labeled as Exlubit "D". There was no letter from the Planning r Board. Mr. Devine asked the applicant to present her case. Paulette Rio introduced herselfas a friend of Catherine Memory, who was also present. Ms. Rio exp1ained that this is a unique situation. Ms. Memory owns two separate parcels with a right-of-way in the middle. Ms. Memory explained that she has owned the cottage since 1980 and used it as a summer home. Her husband passed away in 1992 and in 1995 she decided to winterize the home and use it as her primary residence. There is no attic and no basement. Because of the lack of storage she would like to construct a two-car garage with a dormered second floor. One side of the garage is to store her boat and the other is for her car. The upstairs will be for storage such as seasonal items, crafts. Ms. Memory further stated that she loves the very close neighborhood and she just needs more room. Mr. Flynn read two letters into the record. "My property at 15 Lakeview Avenue abuts that of Catherine Memory. I have reviewed with Catherine her plans to construct a 2-bay garage with loft and feel it would be a nice addition to her property, the neighborhood and the town. Catherine has assured me that she would be careful that any water would not run off into my lot as that is my only concern. I fully support Catherine's construction and ask that you approve her plans. Sincerely, Dr. Bob Vohey." r r MINUTES OF NOVEMBER 14, 2000 Page 4 of5 "I presently own the property at 27 Lakeview Avenue in Mansfield. My son Michael, his wife and four children have resided there for 11 years. It has come to Michael's and my attention that Ms. Memory would like to build a garage on the property that abuts my property on 2 sides. Michael and myselfboth feel that this would improve the present situation tremendously. Ms. Memory has always worked hard to improve our neighborhood. 1 endorse this project 100% and 1 think it will also relieve the parking problem we all have on our right of way. If you have any questions I can be reached at 695-0882 or Michael can be reached at 337-8639. Sincerely, Authur Fong." An abutter, Mr. Sylvia, stated that he has no objections, as long as there is no blocking of the right-of-way and no apartment. Also, there is a private water line that will be under the proposed garage. The hearing closed at 8:30 P.M. The hearing of Carlton Briggs for the Carlton Estates sign was continued at 8:35 P.M. Mr. Briggs presented the requested plan, Zoning Board Plan Douglas Drive Sign dated r November 9, 2000, prepared by Hutchins- Trowbridge Associates, Mansfield, MA, was labeled as Exhibit ''0''. The hearing closed at 8:40 P.M. Mr. Flynn explained that the issue of signs for developments will be before Town Meeting to make the signs standard for developments. A motion was made by Mr. DeTrolio and seconded by Mr. Butler to grant a variance to Mrs. Salden, Matthew Lane. All in favor (Devine, Butler, DeTrolio) - All opposed (Flynn, Garber-Miller). Motion fulls - Motion Denied. Reason: No hardship. A motion was made by Ms. Garber-Miller and seconded by Mr. Butler to grant a variance to Mr. Pyne. All in favor (Devine, Butler, Kozlowski, Garber-Miller) - All opposed (Flynn). Reason: What is gained by him moving the garage and what motive would he have to intentionally build the garage in the wrong place. (Opposed - The Board spent a considerable amount of time on this matter and the applicant did not do what was requested. The plan was very explicit on what he was to do. r r MINUTES OF NOVEMBER 14,2000 Page 5 of5 A motion was made by Mr. Flynn and seconded by Mr. Butler to grant a variance to Catherine Memory, Lakeview Avenue, with the following conditions: (1) This is a one level garage with a loft to be used only for storage; (2) This is not for use as a residential occupancy or business use; and (3) If the water supply line to abutting properties is located under the proposed garage it shall be relocated outside the limits of the structure by the applicant. A motion was made by Mr. Flynn and seconded by Mr. Butler to grant a variance to Carhon Briggs for the Carhon Estates sign with the condition that the Granite Identification Sign be 4' x 18" set in a 14' long stone wall located as shown on a sketch prepared by John B. Lieneck, Landscape Architect, Linex Landscape Services, 10 Park Avenue, Foxboro, MA, and located in accordance with a Zoning Board Plan Douglas Drive Sign dated November 9, 2000 and prepared by Hutchins- Trowbridge Associates, Inc., Mansfield, MA. Unanimously granted (5-0) Devine, Butler, Flynn, DeTrolio, Garber-Miller. Mr. Devine requested that the attorney representing Great Waves send us the status of the r case in a letter and at the next meeting hold and Executive Session to discuss this matter. The Board members requested that they each receive a copy of a Street List. Minutes of October 3, 2000 unanimously approved with corrections. Minutes of October 26, 2000 unanimously approved with corrections. The meeting adjourned at 10:30 P.M. 07 .,.__ I.eoDartfF~lerk o lilA'-er k.ii2JOfA.Jskj .---..-----. r