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HomeMy WebLinkAboutmin of zba 12/19/00 ".- I -0'1/ RECEIVED ZONING BOARD OF APPEALS ~s N Cl fJH{S OFF ICf MINUTES 01 APR -5 AM If: 38 HANSFIELD DECEMBER 19, 2000 MASSACHUSETTS The Zoning Board of Appeals held its regular meeting in the Town Hall. Mansfield, MA, at 7:30 P.M. Present at the hearing were the following members: Richard Devine, Chairman; Eric Butler, Acting Clerk; Olivier Kozlowski; and Jack Vultaggio. Mr. Butler was appointed Acting Clerk in place of Mr. Flynn. Mr. Devine explained the quorum situation to the applicant and her attorney and they decided to proceed with the hearing with only four members, knowing they needed a unanimous vote in order to pass. The hearing on the application of Anita Davidson for a Variance from Sections 4.2.1 and 1.5.17a ofthe Zoning By-Law to allow for a residential structure to be built on a lot with less than the required frontage and lot width, said lot is referenced as Assessors Map 34, Lots 82 and 240, and is adjacent to 4 Smiley Avenue in the R-2 Zone began at 7:45 P.M. r The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Plan of Land in Mansfield, MA dated March 22, 1999 and prepared by RIM Engineering Co., Inc., Mansfield, MA, was labeled as Exhibit "C". Mr. Butler read a letter from the Planning Board into the record. "With five (5) members present, the Board voted four (4) in favor with one (I) opposed to send a positive recommendation on this application. However, the members would like to point out the need for a Planning Board public hearing under Subdivision Control Law to create a lot with less than the required frontage." Mr. Devine asked the applicant to present his case. Attorney Edward V alanzola, Mansfield, MA, explained that he was representing the applicant, Mrs. Davidson. Mr. VaIanzola stated that they are requesting a variance for lot width and lot frontage. The applicant, Anita Davidson, seeks a variance to build on Lot C, which is made up of Lot B, which is owned by the applicant and Lot A, which the applicant will purchase from its owner. Lot C will consist of35,684 square feet of land, which is more than sufficient to satisfY the lot area requirement of 30,000 square feet. Lot B has been in the Davidson family since August I, 1951. The comer lot adjacent to Lot B and located at 4 Smiley Avenue has been in the Davidson family since 1922. In 1922, Samuel Davidson purchased the house on the comer lot of 4 Smiley Avenue and (' ",..- MINUTES OF DECEMBER 19, 2000 Page 2 of3 lived there with Fannie Davidson until his death on April 17, 1947. Fannie Davidson lived in the house with the applicant, Anita Davidson and her husband Jack and their children. August 1, 1951 the applicant and her husband acquired title to 211, 212 and 213, which are adjacent to the comer house lot. Each of these parcels is 25'x140' and the three combined constitute Lot B as shown on the plan. In 1965, Jack Davidson and Fannie Davidson died leaving the house to Fannie's two daughters and her daughter-in- law, the applicant. In 1966 the two daughters deeded their interest in the house to the applicant. Lot B and C have never been held in common ownership. In 1997 the applicant sold the house on 4 Smiley Avenue and moved to Bicentennial Court. In 1987 Lot C complied in all respects to Zoning with the required 100 feet of frontage. In 1994 Zoning changed requiring 150' frontage and 30,000 square foot lot area. Lot C has 35,684 square feet and therefore complies with the lot area requirement. r Mr. VaIanzola further stated that relief would not cause substantial detriment to the public good or impair the purposes and intent of the By-Law or impact the general area. In fact, most houses in the area are on similar or smaller lot sizes. If the applicant or her family had acted prior to the by-law changes then a variance would not be required. The applicant should not be penalized for failing to act prior to 1994. The hardship presented by the shape of Lot A constitutes a basis for the granting of the variance. Also, the applicant is proposing one (1) house on the combination of the two lots. Abutters, Robert Webber, 20 Smiley Avenue, and his son, Daniel Webber, 4 Smiley Avenue, were opposed to this variance request and feel they are being squeezed out. An issue was also raised as to where the lot line lies and who has exercised control over the boundary area in recent years. An abutter, Roy Connor, 26 Aspen Street, was in favor of this application. An abutter, Douglas McGee, 40 Smiley Avenue, asked if this was setting a precedent. The Board responded by was saying that all applications are different and they all stand on their own. An abutter, Frank Svoboda, 14 Beech Street, was curious as to the size of the house An abutter, Thomas Graney, of21 Beech Street explained that even though he is not a direct abutter, he is in support of this application. r r' . . r- r MINUTES OF DECEMBER 19,2000 Page 3 of3 Mr. VaIanzola ended by saying that he thanks the Board for their time and consideration and that his client has lived here for many years. The hearing closed at 8:45 P.M. A motion was made by Mr. Vultaggio and seconded by Mr. Butler to grant a variance to Mrs. Davidson. Variance denied 3-1 (All in favor - Devine, Butler, Vultaggio) (Opposed - Kozlowski). Mr. Vultaggio stated that the hardship could be the shape of the lot. The meeting adjourned at 10:30 P.M. Respectfully S.Ubmrtt. ~ ~~ ~~ Eric Butler, Acting Clerk