HomeMy WebLinkAboutZBA_04171990ZONING BOARD OF APPEALS
MINUTES
APRIL 17, 1990
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The Board of Appeals held its regular meeting in the Town
Hall, Mansfield, MA at 7:45 PM. Present at the hearing were
the following members: George H. Wojtkiewicz, Chairman;
Edward W. Valanzola, Clerk; Mary Lou Cotton; Dr. Stanley
Sohn; and Peter DeTrolio, Associate Member.
The hearing for Jerrold C. Wood of 223 Franklin Street on an
APPEAL from the decision of the Inspector of Buildings in
his letter of February 12, 1990 directing to Cease and
Desist all business activity at 347 PRATT STREET in the R -2
Zone began at 7:50 PM.
The Appeal Application was labeled as Exhibit "A ", newspaper
advertisement as Exhibit "B ", and Plan of Land dated April
8, 1990, prepared by Michael Antonio of Stoughton, as
Exhibit "C ".
The Planning Board (4 members) voted unanimously to uphold
the Building Inspector's Cease and Desist order.
( Three letters were read into the record by Ed Valanzola.
The first was a letter sent by John and Kathleen Kaleta,
abutters to the property in,question, dated April 2, 1990,
requesting that. the hearing be postponed for a week. The
second was also from the Kaletas, dated April 9, 1990,
urging the committee to uphold the Cease and Desist order.
The third was from Fred Barrows, another abutter to the
property, dated April 3, 1990, asking for a postponement of
the hearing.
Building Inspector -Bert Cook gave a history of the property:
in 1977 the property was owned by Mr. John T. Cotterill who
wanted to operate an auto shop on the property. He
presented letters from neighbors in support.of his request.
The next owner, Mr. Roger Beland, also operated an auto
repair shop but violated zoning regulations by having too
many' cars on the property at once, and the place always
looked like a junkyard. Bert referred the case to the Town
Counsel after warnings were ignored. Since the property was
sold. to. Mr. Wood there had been no problems until a visitor .
to the Building Inspector's office asked about the
possibility of running a used car dealership on the
property. There were then complaints coming in from
neighbors that two separate businesses were being run out of
the garage on the property, an auto repair business and a
machine shop. At this time Bert issued the order to Cease
and Desist all business activity on the property.
Mr. Wood gave his own history of the property. He bought it
in 1980 from a mortgage holder, since the property was under
r foreclosure from Mr. Beland. He checked with Town Hall and
the Building Dept. to ascertain the use before purchasing
the property and understood it to be commercially zoned for
the same or lesser use. He bought the property to rent as
an investment. He described the overrun condition of the
property when he bought it and how it has since been cleaned
up. He feels he has been a good neighbor and wishes to
continue to do so. The property under his ownership is used
for one residence and two businesses. Mr. Chase, who owns
one of the businesses, also lives in the house on the
property.
The owner of the auto repair business is a relatively new
renter. One of his customers evidently began investigating
the possibility of opening a used car dealership on the
property when Mr. Wood was recently in Florida, and this is
what alerted both the Building Inspector and the neighbors
to the alleged zoning violations. Bert read 3.10.4 of the
By -Laws and Ed asked Mr. Wood how two separate businesses
could constitute a "lesser use" for the property, as Mr.
Wood suggested. Mr. Wood responded that there had been more
than one business on the property when he bought it and that
the combined activity of the two businesses currently run
from the property amounted to a lesser use of the property.
There were several abutters and neighbors present at the
hearing. One of them, Fred Barrows, submitted pictures of
the property and spoke as a representative of the group. He
gave their history of the property. They had tolerated
clutter and debris with the previous two owners because they
had been neighbors. Since the property was no longer owned
by someone who lived there, with an investment in the
neighborhood, they did not want to see the property's uses
expand to include bigger, or more, businesses.
Mr. Chase, owner of the Chase Screw and Machine business,
spoke about the hardship the Cease and Desist order had and
would cost him. There were numerous negative comments from
other abutters.
Mr. Wood said that he had made an effort to clean up the
property and that once he became aware of the intention to
put in a used car dealership, he had put a stop to it.
Bert suggested he apply for a lesser use variance for the
machine shop.
Town Counsel Max Volterra arrived at the meeting at 8:10 PM;
the hearing closed at 8:42 PM.
The hearing'for.Ka"ren N. Bregnard of 135 Gilbert Street for
a Variance from Section 4 Schedule 4.2.1 of the Zoning By-
Law for an existing dwelling at 315 Ware Street, owned by
Christine E. Loving, with less than the required side yard
in the R -1 Zone began at 8:43 PM.
The application was labeled as Exhibit "A ", the
advertisement as Exhibit "B ", and Plan of Land dated
September 27, 1982, prepared by Rim Engineering as Exhibit
"C". The Planning Board (4 members) voted unanimously to
send a positive recommendation on this application.
The grounds for the variance were read into the record. The
existing house was built in error with insufficient side
yard. This was not detected until the owner decided to
refinance. Ed Valanzola felt that, for her own protection,
Ms. Bregnard should obtain an instrument survey of the
property to be certain exactly where the house is situated
on the property, because she may either need a larger
variance or not need a variance at all.
The hearing is continued to the May 1 meeting, in order for
the applicant to obtain an instrument survey.
The hearing on the application of Judith and Lawrence
Harrington for a Variance from Section 3.8.1 (a) of the
Zoning By -Law for an existing detached accessory building at
69 Rumford Avenue with less than the required side yard in
the R -3 Zone began at 8:55 PM.
The application was labeled as Exhibit "A ", the
advertisement as Exhibit "B ", and Plan of Land dated
January, 1990, prepared by David E. Grant as Exhibit "C ".
The Planning Board (4 members) voted 3 in favor, 1 opposed,
with a positive recommendation.
Ed Valanzola is legal representative for the Harringtons and
so stepped down. Mary Lou Cotton was appointed Acting
Clerk; Peter DeTrolio was appointed a voting member in place
of Ed Valanzola. With only four Zoning Board members, Mrs.
Harrington needed to decide whether to proceed with the
hearing or to have a continuation. She elected to continue
with the four members present.
Mrs.-Harrington was accompanied by John Dunn, the
Harringtons' real estate agent. The grounds were read into
the record. Their garage encroaches on the neighbor's
property. They have initiated a land swap with the neighbor
so that the neighbor's garage will be in conformance and are
seeking a variance for the few'inches they will need to be
in conformance.
A neighbor, Mr. Joe'Vicino, stated that he had heard rumors
that the variance the Harringtons were seeking would enable
future owners to.break the house up into numerous apartments
and to make the .space.over. the garage into rental space.
Mrs. Harrington responded that although there is existing
loft space over the garage, the property is zoned for no
more than a two - family dwelling. The hearing closed at 9:05
PM.
The hearing for Kevin B. McNatt et al of 150 Rumford Avenue
on an 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 388 in the R3 Zone, was continued from
March 20 and began at 9:05 PM.
Mr. Durbano began his remarks by requesting a further
continuation of the hearing. Town Counsel Max Volterra
explained that he had received a call from Atty. Lewis
stating that more land might be available and, due to
changes in the By -Law, the proposed dwelling might be more
in conformance. Mr. Durbano stated that he still wants to
be able to defend his position to build a two- family.
Mary Lou asked if work on the building was still
progressing. Mr. Durbano responded that nothing had been
done beyond what had already been planned.
After discussion with Mr. McNatt, re: time constraints, it
was agreed to continue the hearing until May 1st.
A motion was made by Ms. Cotton and seconded by Mr. DeTrolio
to uphold the Building Inspector's decision for Mr. Wood to
Cease and Desist all business activity at 347 Pratt Street
in the R -2 Zone. Board members felt Mr. Wood should apply
for a lesser use variance for Mr. Chase's machine /screw
shop. Counselor Volterra pointed out that the.-use runs with
the land, not with the owners. Unanimously upheld.
A motion was made by Dr. Sohn and seconded by Ms. Cotton to
grant the Variance for Judith and Lawrence Harrington from
Section 3.8.1 (a) of the Zoning By -Law for an existing
detached accessory building at 69 Rumford Avenue with a side
yard of 1 foot ( + / -) in the R -3 Zone. Unanimously granted.
The Board then met in Executive Session.
Bills were signed.
Meeting adjourned at 9:45 PM.
Respectfully submitted,
41//A�f
Edward W. Valanzola
Clerk