HomeMy WebLinkAboutZBA_05011990ZONING BOARD OF APPEALS
MINUTES
MAY 1, 1990
90 x 111-7 A! 8: 26
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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