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HomeMy WebLinkAboutZBA_05011990ZONING BOARD OF APPEALS MINUTES MAY 1, 1990 90 x 111-7 A! 8: 26 iS F I €:4 f S A G; MSETTS 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; Eric Butler; and Richard Secher and Peter DeTrolio, Associate Members. The hearing for Garrett H. Spillane, Jr., Attorney from Foxboro, for VARIANCES from Section 4 Schedule 4.2.1 of the Zoning By -Law to sub - divide a lot at 41 WARREN AVENUE, owned by William and Mary Nordberg, Lot 55 having an existing single family dwelling with less than the required area, frontage, front and side yards in the R -3 zone; Lot 54 proposed to have a single family dwelling with less than the required area and frontage in the R -3 Zone, began at 7:45 PM. The Application was labeled as Exhibi advertisement as Exhibit "B"; Plan of 1990, prepared by Hutchins - Trowbridge as Exhibit "C"; and copy of plans for as Exhibit "D ". The Planning `board, with six members, one opposed, one abstention to send a recommendation. t "A"; newspaper Land dated March 7, Assoc. of Mansfield, the proposed dwelling voted four in favor, negative Chairman Wojtkiewicz read the grounds into the record. The Nordbergs are seeking several variances to subdivide their lot and build another house for their son. The proposed subdivision would create two lots having less than the required frontage, lot width, and area and create one lot having less than the required front yard and side yard. Attorney Spillane presented the Nordbergs' case by describing the current makeup of the immediate neighborhood and surrounding streets. There are several two - family dwellings, as well as smaller, subdivided lots like the one proposed. The proposed subdivision, in his estimation, would not alter, or greatly differ from, the existing character of the neighborhood. Mr. Nordberg stated that a hardship exists in that his son's family (three children) currently lives with them and that there is not enough room for them all. Mrs. Nordberg added that young people need this sort of help getting started these days. Minutes of May 1, 1990 Page 2 of 4 The Board asked numerous questions regarding the styles of other homes in the neighborhood, whether or not a garage was planned for the proposed dwelling, and whether any inquiry had been made of the owner of the abutting property. Mr. Nordberg assured the Board that the proposed dwelling would not be a detriment to the neighborhood, that no garage is planned and that the owner of the abutting property would put his own lot's viability in jeopardy should he sell part of it to the Nordbergs. Attorney Ellen Faherty, representing the Fornaciari family, stated that her clients had been concerned how the proposed structure would affect their property; but after looking at the plot plan, they have no objections to the project. Mrs. Nordberg stated that many neighbors had approached her with their support of the project. The Board took the case under advisement and the hearing closed at 8:07 PM. . The hearing for Edward W. Valanzola for a VARIANCE from Section 4 Schedule 4.2.1 of the Zoning By -Law to construct an addition to an existing dwelling at 3 LANGLEY DRIVE with less than the required side yard in the R -1 Zone began at 8:10. Since Mr. Valanzola is also the Clerk of the Board, he stepped dozen. Ms. Cotton was appointed Acting Clerk and Mr. DeTrolio was appointed a voting member in place of Mr. Valanzola. e. The Application was labeled as Exhibit "A"; newspaper advertisement as Exhibit "B "; Plan of Land dated April 3, 1990, prepared by Hutchins - Trowbridge Assoc. of Mansfield, as Exhibit "C ". The Planning Board, with six members present, voted three in favor, three opposed to send a positive recommendation. Chairman Wojtkiewicz read the grounds into the record. Due to the shape of the lot, Mr. Valanzola is seeking a variance of five feet from the 25 -foot side yard requirement in order to construct an addition consisting of an attached two -car garage and mud room. Mr. Valanzola described the current makeup of the neighborhood and feels that the proposed addition would be consistent with other properties in the neighborhood. He also pointed out that one of his neighbors, the VanTassels, had recently been granted a variance for the same purpose and that the shapes of their lots were similar. His hardship, he feels, is the shape of the lot. The Board took the case under advisement and the hearing ended at 8:15. Minutes of May 1, 1990 Page 3 of 4 The hearing for Karen 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 was continued from April 17 and began at 8:15 PM. The applicant returned with an instrument survey of the Plot Plan. This new survey, prepared by Donald E. Getson of Rim Engineerin of Mansfield, will become the new Exhibit "C ", replacing the non - instrument survey previously submitted. The committee reviewed the new survey and noted that the applicant is requesting a variance of 7 feet ( + / -) to meet the side yard requirement. The Board took the case under advisement and the hearing ended at 8:20 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, April 3 and April 17 and began at 8:32 PM. Mr. Durbano presented a new Plan of Land dated April 12, 1990, prepared by Hutchins - Trowbridge of Mansfield, indicating that his lot size is actually larger than originally believed, with an addition of approximately 3,500 square feet. He believes that his proposed project does not now constitute too intense a use for the property, and he would now be able to add parking spaces. Mr. McNatt pointed out that although he doesn't believe the current deed shows the additional land, this still is not addressing the issue of his appeal, namely, that of whether or not Mr. Durbano's lot is "grandfathered" for its proposed use. Chairman Wojtkiewicz explained to Mr. Durbano that if the Board decides to grant Mr. McNatt's appeal, he could then come before the Board again for a variance, presenting the information found and detailed in his new plot plan. The Board took the case under advisement and the hearing ended at 8:45 PM. A motion was made by Ms. Cotton and seconded by Dr. Sohn to grant variances to Mr. Spillane for the Nordbergs with the condition that they be allowed to construct only a single - family dwelling. Discussion ensued regarding this condition, for as stated earlier, the neighborhood consists Minutes of May 1, 1990 Page 4 of 4 of one- and two- family dwellings. Since the Nordbergs had requested variances for a single - family structure and the variances would need to be greater for a two - family structure, it was agreed that variances be granted to subdivide the lot at 41 Warren Avenue as follows: Lot 54 having an area of 8,475 square feet ( + / -) and frontage of 75 feet ( + / -); Lot 55 having an area of 8,475 square feet( + / -), frontage of 75 feet ( +/-), front yard of 21 feet ( + / -) and side yard of 5 feet ( + / -) in accordance with plans submitted and subject to the single- family condition. Unanimously granted. A motion was made by Dr. Sohn and seconded by Ms. Cotton to grant a variance to Edward Valanzola for a side yard of 20 feet ( + / -) at 3 Langley Drive in accordance with plans submitted. Unanimously granted. A motion was made by Dr. Sohn and seconded by Ms. Cotton to grant a variance to Karen Bregnard for a side yard of 19 feet ( + / -) at 315 Ware Street in accordance with plans submitted. Unanimously granted. A motion was made by Mr. Butler and seconded by Dr. Sohn to ( grant an appeal to Mr. McNatt, thereby overturning the Building Inspector's decision to issue a permit. Discussion of the case followed regarding Mr. McNatt's question of whether or not the nest Church St. property constitutes an legal non - conforming lot subject to the "grandfather" clause. Mr. Valanzola read into the record a letter written to the Board by Town Counsel, Max Volterra, dated March 26, 1990, regarding his investigation into the property. His opinion is that the lot remaining after the town took a parcel by eminent domain was never large enough to have been considered a legal non - conforming lot, and since the then owner did not attempt to make it a buildable lot, any claims that it be "grandfathered" in are inappropriate. The Board unanimously agreed to grant Mr. McNatt's appeal, thereby overturning the Building Inspector's decision to issue a permit. Debra Bloom was appointed the new Administrative Assistant to the Zoning Board of Appeals. Bills were signed. Minutes were read into the record and approved. Decisions were signed. Meeting adjourned at 9:45 PM. Respectfully submit ed, Edward W. Va. 14en zo1a Clerk