HomeMy WebLinkAboutZBA_03201990ZONING BOARD OF APPEALS
MINUTES
MARCH 20, 1990
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The Board of Appeals held its regular meeting in the Town
Hall, Mansfield, MA at 7 :45 P.M. Present at the hearing were
the following member=_: George H. No;tkiewicz, Chairman;
Edward W. Valanzola, Clerk; Dr. Stanley Sohn; Eric E. Butler;
Peter DeTrolio, Associate Member and Richard Sacher,
Associate Member.
The hearing for Daniel J. Mead, for a Variance from Section 4
Schedule 4.2.1 of the Zoning By -Law to construct an addition
to an existing non- conforming dwelling at 12 -14 Fulton, Place
with less than the required area, -.ront and rear yard in the
R -3 Zone, began at 7:50 P.M.
The application was labeled as Ex:!_hit "A', new =paper
advertisement as Exhibit "B ", and Plan of Land dated March 7,
1990, prepared by Cameron Bros., Inc. of Malden as Exhibit
"C ". The Planning Board (6 members) voted unanimously to
send a negative recommendation on this application.
Mr. Secher was appointed a voting member in place of Mary -Lou
Cotton.
The applicant submitted four letters from abutters, which
were read into the record. Said letters spoke in favor of
the variance being granted. The applicant explained the
necessity of the proposed addition and hardship relating to
the placement of the existing house on the lot, i.e. wide
lot, not a lot of depth.
An abutter present spoke in favor of the variance being
granted. There were no other comments from any abutters.
The .hearing closed at 8:05 P.M.
The hearing for Kevin B. McNatt et al of 150 Rumford Avenue
on a6 APPEAL. from the Decision of the Inspector of Buildings
in his letter.of January 4, 1990 regarding the issuance of a
building permit to Durcon, Inc. d ?b /a Durbano Construction of
661 Ware Street for a lot on West Church Street, Assessor's
Map 21 lot 380 in the R3 Zone, began at 8:05 P.M.
The application was labeled as Exl-ibit "A" and newspaper
advertisement as Exhibit "B ". T`..- Planning Board (6 members)
unanimously voted not to send a raccmmendatior or this
appeal.
Minutes of March 20, 19°6
Page 2 of 4
Mr. Wojtkiewicz explained how the Zoning Board had heard the
original application for a variance last fall, had denied
same and later came to find out that the Building Inspector
issued a building permit for the lot in question. Mr. McNatt
is now appealing the decision of the Building Inspector to
issue the permit.
The following correspondence was read into the record:
1) Attorney Mangiaratti's letter dated 2/15/90 stating that
the applicant had filed his appeal in a timely manner.
2) The Building Inspector's letter dated January 4, 1990
which was in response to Mr. McNatt's letter of December
11, 1989 which initially questioned the issuance of the
building permit.
George explained the definition of common ownership which
appears to be the dispute about the lot in question. Mr.
McNatt claims that the lot in question was held in common
ownership and not a "grandfathered" lot.
Attorney James Lewis, representing the original applicant,
Durbano Construction, explained hoar he had researched the lot
at same time he had filed variance application. He didn't
appeal the denied decision as he alleges lot was not in
common ownership, etc. He therefore went directly to
Building Inspector for a building permit.
Board members questioned how the river cutting through the
lots in question acts a separator, how far back Atty. Lewis
research went, the value of the land, compensation for land
taken by eminent domain, etc.
Atty. Lewis submitted a copy of the taking by the Town. Mr.
McNatt submitted copies of deeds for the surrounding abutting
properties as well as the lots in question.
An abutter questioned the proximity of the building to the
wetlands. Mr. Cook, Building Inspector, explained that the
ZBA laws don't apply on a.grandfathered lot.
Mr. Valanzola made a motion which was seconded by Mr. Secher
to continue the meeting to April 3, 1990 in order for the
Town Attorney to research the following:
1) How the river running through the lots affects their
conformity? -
Minutes of March 20, 1900
Page 3 of 4
2) How the taking affects the area?
3) The Zoning Board denied the original application. Does
the Zoning Board's denial stand?
All interested parties are to be allowed to submit additional
proof/research on this matter.
Unanimously passed.
The hearing for Robert D. Orlando of 24 Balcom Street for a
Variance from Section 4 Schedule 4.2.1 of the Zoning By -Law
for an e;cisting single family dwelling at 6 Claire Avenue,
owned by Bill Watson, with less than the required side yard
in the R -1 Zone, was continued from March 6, 1990 and began
at 9 :10 P.M.
Mr. Orlando submitted photos of the house in question. and the
following letters which were read into the record:
1) Letter dated March 19, 1990 from Stephen Farrell and
Paula Berardi, direct abutters to the property in
question. Said letter stated their unwillingness to
make a land swap with Mr. Orlando although there are
no hard feelings.
2) Letter- dated March 20, 1990 from Commonwealth Engineers
& Consultants, Inc, requesting issuance of the variance
as the staking mistake was beyond.the control of the
parties involved.
Abutters present spoke on behalf of the variance being
granted.
Also, Mr. Meisterman, Mr. Orlando's business partner,
e;cplained the great hardship that this undetected foundation
mistake has caused.
The hearing closed at 9:25 P.M.
Motion made by Mr. Butler and seconded
grant the Variance for Daniel J. Meade
addition to an existing non - conforming
Fulton Place with area of 1:-,913 (plus
S fee`_ (plus or minus) front yard and
rear yard in-accordance with the plans
.Unanimously granted,
by Mr. Valanzola to
to construct an
dwelling at 1-2-14
or minus) square feet,
20 feet (plus or minus;
submitted.
Minutes of March 20, 1990
Page 4 of 4
Motion made by Dr. Sohn and seconded by Mr. Butler to grant
the Variance on the application of Robert D. Orlando for an
existing single family dwelling at b Claire Avenue with a
side yard of 16 fleet (plus or minus) in accordance with the
plans submitted. Unanimously granted.
The Minutes of March 6, 1990 were read and approved.
Bills were signed.
Decisions were signed for Certuse and Cox.
Meeting ajourned at 9:45 P.M.
Re =. _c;W. l� b ikted,
Edward V lanz 'a
Clerk