Loading...
HomeMy WebLinkAboutmin of zba 05/21/02 't (~ "' ] '- r ZONING BOARD OF APPEALS i'''lr-''EI'..'IWO 1\ t. L - '~':-' \" %- ,,,-.! r~. I.~' :.,~ C~ F Fie E MINUTES 02 AUG -6 pr1 2: 54 /d; i' H:~LD r1ASS/~,CHUSETTS MAY 21, 2002 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: Olivier Kozlowski, Acting Chairman; Scott Austin, Acting Clerk; Richard Devine; Eric Butler; Peter DeTrolio, Associate Member; and Bob Davis, Associate Member. Mr. Kozlowski arrived a few minutes late for the start ofthe meeting. A motion was made by Mr. Butler and seconded by Mr. Austin to appoint Mr. Devine Acting Chairman for the start of the meeting. Mr. Austin was appointing Clerk for this meeting in place of Mr. Kozlowski. Mr. Austin read a letter regarding the first scheduled hearing regarding Janice Nevius for a Variance. "Tuesday, May 21,2002, Dear Zoning Board of Appeals, Due to a family emergency we are unable to attend the hearing scheduled for May 21, 2002 at 7:30 P.M. We are requesting a continuance until June." r A motion was made by Mr. Austin and seconded by Mr. Butler to continue the hearing until the June 18th meeting. Unanimously approved. An abutter Tim Farrell approached the Board, presented petitions, pictures and stated that he is opposed to this application. The Board explained to him that the hearing was not even opened and he should come back on June 18th. Mr. DeTrolio was appointed voting member for this hearing in place of Mr. Kozlowski. Mr. Davis was appointed voting member for this hearing in place of Mr. Vultaggio. The hearing on the application of Ryan Sheehan for a Variance from Section 4.2.1 and 1.5.17 a of the Zoning By-Law to allow for the creation of a lot with an existing house, where the proposed lot will have less than the required frontage, lot area, and lot width, and the house will have less than the required side yard setback, said lot located at the existing house at 8 Eddy Street in the R-3 Zone began at 7:45 P.M. (' 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 18, 2002 and prepared by RIM Engineering Co., Inc., Mansfield, MA, was labeled as Exhibit "C". Mr. Austin read a letter from the Planning Board into the record. "With six (6) members present, the Board voted five (5) in favor with one (1) opposed to send a positive recommendation on the Variance. The majority ofthe Board was ofthe opinion that because this lot was .,. r MINUTES OF MAY 21,2002 Page 2 of5 created and the house built long before the adoption of zoning in Mansfield, separating the lot into two lots would not substantially derogate from the intent ofthe Zoning By- Law." Mr. Devine asked the applicant to present his case. Attorney Jeff Lovely ofFoxboro, explained that he is representing the applicant. The applicant, Ryan Sheehan is purchasing the property from Lester McGoldrick, a retired army colonel who has owned the property for 59 years. The applicant is proposing to move the property line which will create one (I) small non-conforming lot which the single family house already exists and one (1) conforming lot, which they would like to build a single family house. By right, the house could be taken down and a duplex could be built by right. Originally, this property was three lots. The second lot has area, frontage and will be conforming. Abutter, Barbara Rose, was in support of this application. Abutter, Mrs. Peterson, was in support ofthis application. r Tanya Perkins, was concerning if a duplex would be built. Robert Button, was in support of this application and not opposed to the building ofa single family house. Bill Farrell, was in support of this application. The hearing closed at 8:00 P.M. Mr. Kozlowski arrived and was appointed Acting Chairman for the rest of the meeting. Bob Davis was appointed for this hearing in place of Mr. Vultaggio. The hearing on the application of Bernice Reid for a Variance from Section 4.814.A and 1.5.17a ofthe Zoning By-Law to allow for a lot with an existing house, which will be removed and replaced with a new structure, where the lot will have less than the required minimum buildable area and lot width, said lot located at 44 Oak Street in the R-I Zone began at 8:00 P.M. r The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Plan of Land 44 & 50 Oak Street Reid Property dated March 15, 2002 and prepared by Hutchins-Trowbridge Associates, Inc., Mansfield, MA, was labeled as Exhibit "C". Mr. Austin read a letter from the Planning Board into the record. "With six (6) members present, the Board voted five (5) in favor with one (1) opposed to send a .,. r MINUTES OF MAY 21, 2002 Page 3 of5 positive recommendation on the Variance. It was the opinion of the majority ofthe Board that because the lot as it exists is conforming for frontage, area and lot width, the grant ofthis variance would not substantially derogate from the intent ofthe Zoning By- Law." Mr. Kozlowski asked the applicant to present his case. Michael Trowbridge explained that his is representing the Reids. The property was owned by James and Bernice Reid, and now Mr. Reid has passed away. There are two houses on the property. The property was subdivided in the 70's, and the pool was placed in the wrong area. The applicant would like to remove the house on lot 44, take a slice of land from the other lot and move it to the lot with the pool. They have already spoken to the Conservation Commission and the Board of Health. If the property line is moved, it will create one conforming lot and one lot with less than the required minimum buildable area and lot width; this lot is where the structure will be torn down and a house rebuilt. The hearing closed at 8: 15 P.M. (' Peter DeTrolio was appointed voting member for this hearing in place of Mr. Vultaggio. The hearing on the application of Richard Coffey for a Variance from Section 4.2.1 and 1.5.17a ofthe Zoning By-Law to allow for the construction of a house on a lot with less than the required lot frontage and lot width, said lot located adjacent to 7 Mill Street and referenced as Assessor's Map 35, parcels 28 and 48 and located in the R-2 Zone began at 8:15 P.M. 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 15, 2002 and prepared by RIM Engineering Co., Inc., Mansfield, MA, was labeled as Exhibit "C". Mr. Austin 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. The Board was of the opinion that the applicant has taken what action he could to acquire additional land to increase the frontage and lot width." Mr. Kozlowski asked the applicant to present his case. r Mr. Coffey explained that he purchased his home at 7 Mill Street in 1974. In 1980 he purchased the lot next door and have used this lot for business purchases. Mr. Coffey has only one child and he told his daughter that when she is married she could have the lot to build on. She is now married and wishes to build the house. Mr. Coffey went to Bert Cook and was told that the land was zoned B3 and would have to have it rezoned to r MINUTES OF MAY 21, 2002 Page 4 of5 residential. The Planning Board then recommended the zoning change. He collected 200 signatures to get the lot rezoned to residential at the Town meeting. The town voted and passed that the area be rezoned from business to residential. Mr. Coffey then asked RIM Engineering to survey the land. They are requesting a variance for lot frontage and lot width and they are 25 feet short on the frontage issue. The proposed house will be long and thin and fit in with the atmosphere of the neighborhood. Dennis Cerasale of 1 Mill Street was curious as to how far from the property line the house would come. Erin, Mr. Coffey's daughter, explained that the garage will be in the rear of the house which will be approximately 30'x38'. Richard Rys, 1 Cherry Street, stated that he has no objection and it is consistent with the neighborhood. The hearing closed at 8:45 P.M. r A letter was read into the meeting from Michael Trowbridge of Hutchins- Trowbridge Associates, Mansfield, MA, dated Tuesday, May 21, 2002 regarding the scheduled hearing of Lester Epstein, 89 Walnut Street. "As a representative for Lester Epstein on the above referenced property, I respectfully withdraw the application without prejudice." Mr. Davis was appointed voting member for this hearing in place of Mr. Vultaggio. The hearing on the application of Thomas Hellard for a Finding per Sections 3.10.4.B and 6.2.2.D of the Zoning By-Law to allow for additions to a pre-existing, non- conforming house with less than the required front yard setback, said house located at 351 Balcom Street in the R-1 Zone began at 8:45 P.M. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Zoning Board of Appeals Plan for Thomas R. Hellard in Mansfield, MA by Charette Land Surveying, 315 Ware Street Mansfield, MA dated March 27, 2002, was labeled as Exhibit "C". Mr. Austin 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. However, the board would like to suggest that the applicant contact the Building Inspector regarding possible grandfathering issues with regard to the side yard setback." ,,-.... Mr. Kozlowski asked the applicant to present his case. r MINUTES OF MAY 21, 2002 Page 5 of5 Mr. Hellard explained that he is proposing a master bedroom addition to his house that is pre-existing, non-conforming. The house was built in 1963. As surveyed the house is set back 16.1 feet from the front property line. The proposed addition will be set back 20.9 feet from the front property line. Therefore, this is not substantially more detrimental to the neighborhood that the existing, non-conforming residential structure and does not create a new non-compliance. Letters from Robert Bolton, 355 Balcom Street and William and Anne Marie Kratch, 360 Balcom Street were read into the record..."We are satisfied with the proposed work and recommend that the request for the finding for the proposed addition be approved." A motion was made by Mr. DeTrolio and seconded by Mr. Davis to grant a variance to Mr. Sheehan. All in favor (DeTrolio, Davis, Austin) - All opposed (Devine, Butler). Reason: There is no hardship and they are creating a non-conforming lot. Motion fails (3-2). A motion was made by Mr. Davis and seconded by Mr. Butler to grant a variance to Mrs. r Reid of Oak Street. Unanimously granted. (Kozlowski, Butler, Devine, Davis, Austin). No issue, already existing house. A motion was made by Mr. Devine and seconded by Mr. Butler to grant a variance to Mr. Coffey with the stipulation that they run the driveway on the southerly side ofthe driveway. Unanimously granted. (Kozlowski, Butler, Devine, Austin, DeTrolio). They are only missing 25 feet of frontage. (HELLARD) A motion was made by Mr. Butler and seconded by Mr. Devine that this constitutes an extension of a pre-existing, non-conforming structure. Unanimously approved. A motion was made by Mr. Butler and seconded by Mr. Devine that this is an extension of a pre-existing, non-conforming structure and is not more detrimental to the neighborhood, with the condition that the extension is no higher than the existing roof. Unanimously granted (5-0) Kozlowski, Butler, Devine, Austin, Davis. The meeting adjourned at 9:50 P.M. Respectfully submitted, ~ ,,-., Olivier Kozlowski, Clerk