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HomeMy WebLinkAboutmin of zba 11/20/01 ii~ [J "', 1(' r.' ';"...'c_ r ZONING BOARD OF APPEALS m::c 31, fd1 9: 37 MINUTES NOVEMBER 20, 2001 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: Jack Vultaggio, Chairman; Eric Butler; Acting Clerk; Richard Devine; Scott Austin; and Elisabeth Garber-Miller, Associate Member. Ms. Garber-Miller was appointed voting member for this meeting in place of Mr. Kozlowski. Mr. Butler was appointed Acting Clerk for this meeting in place of Mr. Kozlowski. r The hearing on the application of Thomas Herrick for a Variance from Section 4.2.1 of the Zoning By-Law to allow for an addition with less than the required side yard setback, with the existing house located at 15 Mystic Lane in the R-l began at 7:30 P.M. The application was labeled as Exlnbit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Zoning Board Plan 15 Mystic Lane dated November 13,2001 and prepared by Hutchins-Trowbridge Associates, Inc., Mansfield, MA, was labeled as Exhibit "C". Mr. Butler read a letter from the Planning Board into the record. "With six (6) members present, the Board voted unanimously to send a positive recommendation on the Variance. It was the opinion of the Board that the applicant has demonstrated a hardship due to the size of the lot." Mr. Vultaggio asked the applicant to present his case. Mr. Herrick explained that the way the house is placed on the lot; with the wetlands, retention pond, and septic system; it is the only possible location to add on. The applicant explained that his family has outgrown the house and he is proposing a 24 'x16' addition which will expand the kitchen into the existing family room. The proposed addition will be a large family room with a mud room. The hearing closed at 7:45 P.M. r 'I r MINUTES OF NOVEMBER 20, 2001 Page 2 of5 The hearing on the application of Vincent Tighe for a Variance from Section 4.2.1 of the Zoning By-Law to allow for access to an existing lot with insufficient frontage on an improved way, with the property located adjacent to 73 Benefit Street in the R-3 Zone began at 7:45 P.M. The application was labeled as Exln"bit "N'; a newspaper advertisement was labeled as Exln"bit "B"; and a Plan of Land for Benefit Street dated January 3, 2001 and prepared by Hutchins-Trowbridge Associates, Inc., Mansfield, MA, was labeled as Exln"bit "C". Mr. Butler read a letter from the Planning Board into the record. "With six (6) members present, the Board voted unanimously to send NO recommendation on the Variance because the members did not feel they had enough information about the status ofthe public way." Mr. Vultaggio asked the applicant to present his case. r Mr. Tighe introduced himself and Michael Trowbridge of Hutchins- Trowbridge Associates explained that he is representing Mr. Tighe. Mr. Trowbridge explained that when Benefit Street was planned out in 1912 there with 3 lots established. Years later the three lots were changed to two lots; one with 10,018 square feet and the other with 10,115 square feet. The applicant is requesting the allowance for access to an existing lot with insufficient frontage on an improved way with the property located adjacent to 73 Benefit Stteet. The current lot has access on the Benefit Street. Benefit Street is a public way and the extension of the existing pavement would not beneficial to the town as it will have more roadways to maintain as well as environmental concerns. /-----.- Mr. Trowbridge further explained that to construct a road would be a disturbance to the neighborhood, but if this is not approved the second step would be to go before the Planning Board. The Board was concerned if this was a publicly accepted road and if anyone has any claim to this land. Mr. Trowbridge explained that it is an accepted road and there is no claim to the land. Also, the applicant is only intending to build a single family house. An abutter, Ed Pierce, 206 Union Street, stated that this will improve the area and he is in favor of this applicant. Also, the lots are on town sewer. The hearing closed at 8:00 P.M. r r MINUTES OF NOVEMBER 20,2001 Page 3 of 5 The hearing on the application of Scott Eames for a Variance from Section 4.2.1 of the Zoning By-Law to allow for the construction of a house on a lot with less than the .- required frontage, with the lot located off of Carol Road, on Assessor's Map 13, Parcel 9, in the R-l Zone began at 8:00 P.M. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Zoning Board Plan Prepared For: Scott Eames dated October 1,2001 and prepared by Hutchins-Trowbridge Associates, Inc., Mansfield, MA, was labeled as Exln"bit "C". Mr. Butler read a letter from the Planning Board into the record. "With six (6) members present, the Board voted unanimously to send a negative recommendation on the Variance. It was the opinion of the Board that there is nothing relating to the shape or topography of the land to warrant the finding of a hardship. The Board believes the grant ofa variance would derogate from the intent of the By-Law and would set a bad precedent for other land-locked parcels." Mr. Vultaggio asked the applicant to present his case. r Michael Trowbridge of Hutchins- Trowbridge Associates explained that he is representing Mr. Eames. Mr. Trowbridge explained that this lot has 179,000 square feet of land and has over 4 acres, but only has 100 feet of frontage. The applicant does not want to construct a cul-de-sac; he only wants to build one single family house. Mr. Trowbridge further explained that Mr. Eames' father passed away in 1975 and his son did not know the full intention of what his father had intended for this land. An abutter, Michael Eagan of Patricia Road was against this variance application. It is a very quiet street with a water problem and this would be detrimental to the neighborhood. Bob Ledger of Lantern Lane explained that he has lived there since 1977 and he is very against this. It is a very quiet neighborhood and they have a water problem with the brook. Mr. Ledger also stated that they would have to cross the wetlands in order to build and he does not feel this land will pass the perk test. Also, the land surrounding this is all conservation land. Paul Dietel of 14 Patricia Road has lived in town for five years and is opposed to this application. This is a privacy issue. There are game trail, birds, animals and wildlife.. Debbie Gordy of6 Patricia Road is opposed to this application. This house will be built in her back yard and she has a huge concern with the wetlands and the very high water table. Mrs. Gordy requested that the town check this out themselves. r MINUTES OF NOVEMBER 20,2001 r Page40f5 The Board explained that the Conservation Commission will have to deal with the wetlands and the water issues. Don Richards of 51 Lantern Lane wanted to know what effect this will have on his water problem and he is opposed to this variance request. William Dissinger of 47 Lantern Lane explained that he has lived here for 23 years and is opposed to this variance request and he was also concerned with the no cut zone. Gary Eagan of 19 Patricia Road was against this variance request and was concerned with the frontage issue and whether or not a cul-de-sac could be put in. The Board explained that most of the abutters have only 20,000 square foot lots and all the applicant is requesting is to put one house on a 180,000 square foot lot. Janet Eagan of 19 Patricia Road was against this variance. Mr. Trowbridge explained that the applicant has a 25 foot no cut zone but would be r willing to increase the no cut zone and try to work with the abutters. Gary Eagan of 19 Patricia Road suggested all meeting back on December 18, 2001 and try to hash out this problem. Ifthe driveway is placed on the other side ofthe proposed house and the no cut zone is amended maybe something could be worked out. Mr. Trowbridge requested a continuance in writing. A motion was made by Mr. Butler and seconded by Mr. Devine to continue this hearing until December 18,2001. The hearing was continued at 9:00 P.M. The hearing on the applicant of Chris Cunniff of 16 Riverview Lane was continued until December 18,2001. The newspaper advertisement was advertised with the wrong address. It should have been 16 Ridgeview Lane. The Board decided that all abutters should be renotified so there is no problem in the future. A motion was made by Mr. Butler and seconded by Mr. Austin to grant a variance to Mr. Herrick. Unanimously granted. (Vultaggio, Devine, Butler, Austin, Garber-Miller). Reasons: Retention pond; drainage easement. r A motion was made by Mr. Austin and seconded by Mr. Devine to grant a variance to Mr. Tighe of Benefit Street to allow for access on an approved existing public way. Unanimously granted. (Vultaggio, Devine, Butler, Austin, Garber-Miller). r MINUTES OF NOVEMBER 20,2001 Page 5 of5 A motion was made by Mr. Devine and seconded by Mr. Austin to approve the Minutes of November 16,2001. The meeting adjourned at 10:00 P.M. Eric Butler, Acting Clerk r ,r--,