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HomeMy WebLinkAboutZBA_05151990tiF E; tl!;xEt) ZONING BOARD OF APPEALS MINUTES 90 pit.€ I -7 All 0: 26 MAY 15, 1990 f_11 MAY U , A ~ Jet C rjF"D 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; Mary -Lou Cotton, Acting Clerk; Dr. Stanley Sohn; and Peter DeTrolio and Richard Secher, Associate Members. Mr. DeTrolio voted in place of Eric Butler and Mr. Secher voted in place of Edward Valanzola, regular Board members. The hearing for Stephen Reynolds for a Variance from Section 4 Schedule 4.2.1 of the Zoning By -Law to construct additions to an existing non - conforming dwelling at 10 Thornton Road with less than the required front in the R -2 Zone began at 7:50 PM. The application was labeled Exhibit "A ", newspaper advertisement as Exhibit "B ", and Plan of Land dated December 15, 1989, prepared by Hutchins - Trowbridge Assoc. of Mansfield, as Exhibit "C." The Planning Board, with five members, voted unanimously to send a negative recommendation on this application. Chairman Wojtkiewicz explained to the applicant the guidelines used when applying for a variance, including the definition of hardship, which Mr. Reynolds had not adhered to in his application. Mr. Reynolds told the Board that, because his lot was small, he was limited as to where he could build an addition to his house and that most of the homes in his neighborhood were similarly non - conforming structures. A discussion followed regarding whether the proposed project would pose the additional problem of unbalanced ratio of living space to access building. Mr. Reynolds pointed out that there would be living space above the proposed garage. Board members asked about the make -up of the neighborhood and were told that similar projects had already been carried out, and that all the houses in the neighborhood were on small lots like his. He also told the Board that he has spoken to his neighbors and they are supportive of the proposal. There were no abutters present. The hearing closed at 8:07 PM. The Board met informally with Jerrold Wood at 8:10. Mr. Wood requested this meeting after the Board denied his appeal, thereby upholding the Building Inspector's decision on a Cease and Desist Order regarding Mr. Wood's property at 347 Pratt Street. Minutes of May 15, 1990 Page 2 of 2 Mr. Wood informed the Board that since the Decision was made, he has evicted his auto repair tenant, leaving only the machine shop business. Mr. Wood feels, however, that his rights as an owner of this property have not been addressed adequately by the Board or the Building Inspector. He maintains that the machine shop is by definition a lesser use of the property and therefore, in accordance with the By -Laws. The Board reiterated its position that the property was not zoned for its present use and that if Mr. Wood wants to change the use of the property, he must apply for a variance to do so. Mr. Wood then remarked that he felt there had been a conspiracy against him, that the neighbors had consulted with the Building Inspector and Board members on a personal level in order to influence their decisions. After stating that this was not at all the case, Chairman Wojtkiewicz pointed out that the nature of non - conforming uses explicitly forbids any expansion and that, in Mr: Wood's case, expansion had clearly taken place. Because the auto repair shop had been evicted, Mr. Wood asked the Board if this would satisfy the requirement for a lesser use or would he be required to sue the town since his appeal had been denied. The Board explained that his choices were either to apply for a lesser use variance or appeal the decision of his denied appeal. They recommended, however, that Mr. Wood first speak with the Building Inspector before initiating any action. The meeting ended at 8:27 PM. The hearing for William G. Allard, Executor of Norton for a Variance from Section 4 Schedule 4.2.1 of the Zoning By -Law to convert an existing non - conforming dwelling at 539 North Main Street, owned by the Estate of Gerald R. Allard, to a two - family dwelling in the R -3 Zone, began at 8:30 PM. The application was labeled Exhibit "A ", newspaper advertisement as Exhibit "B ", and Plan of Land dated September 8, 1989, prepared by Yarworth Engineering of Attleboro as Exhibit "C." The Board immediately noted that the submitted plan was not an instrument survey and the depiction of proposed parking spaces was not clear. A discussion of the proposed project ensued with the thought that the Board may need to request a new, more detailed, plan. Mr. Allard, who was accompanied by his real estate broker, Jim Mulcahey, gave a history of the property. The house had initially been a two - family and was converted to a one- Minutes of May 15, 1990 Page 3 of 4 family in 1955 when his grandparents owned it. Chairman Wojtkiewicz felt that Mr. Allard's grounds for variance, as listed on his application, were inadequate, as they seemed to be concerned only with Mr. Allard's inability to sell the property, thereby not constituting hardship. Mr. Mulcahey explained that there have been .a -few prospective buyers, but that all of them have asked about the possibility of converting it to a two - family because of the layout of the second floor. Dr. Sohn pointed out that such a conversion would fall far short of the square footage required for a two - family dwelling. Two letters were read into the record. The first was to Mr. Allard from Bert Cook, the Building Inspector, explaining that Mr. Allard would, indeed, need to apply for a variance to convert the property to a two - family. The second was from Patricia Bonvie, an abutter to the property, stating that she has no objections to the proposal. The Planning Board, with five members, voted four in favor and one abstention to send a negative recommendation because of the square footage problem. The Board asked for details on how the conversion would be done. Mr. Allard explained that there are already two egresses and that there is a small room on the first floor which could easily be converted into a bathroom. The interior space of each unit would be 816 square feet. Mr. Allard also explained that renting the house was an option that had been explored but that most people don't want to rent a house that's on the market. All bills for maintaining the house are presently being paid by the estate, but the funds are running low. He also pointed out that there are a few other multi - families in the neighborhood. There were no abutters present. The hearing closed at 8:55 PM. The minutes from April 3 and May 1 were read and approved with one correction: on the May 1 minutes, Attorney Spillane's name is to be removed from the issuance of the variance and the Norbergs names are to be inserted. Dates for summer hearings were decided to be July 17 and August 21. There was a discussion about the variance application fee. The Finance Committee has asked that we strive to be a self - sustaining board. Since we heard 37 cases last year and the annual budget is approximately $6,400, the fee would need to be $200. Chairman Wojtkiewicz asked Debra to investigate Minutes of May 15, 1990 ( Page 4 of 4 when the fee was last increased and what action is necessary to raise it. A motion was made by Mrs. Cotton and seconded by Mr. Secher to grant a variance to Stephen Reynolds. -A discussion followed regarding how small the lot is. And-although it is in an area where there are similar large structures built on small parcels, the proposed addition is almost the same size as the house. Dr. Sohn felt that he would like to look at the property before making a decision. The decision was tabled until the June 5 meeting. A motion was made by Mr. Secher and seconded by Mr. DeTrolio to deny Mr. Allard's application for a variance. Mr. Secher felt that the size of the lot is inadequate to support a two - family dwelling. Mrs. Cotton pointed out that even though there is no proposed construction on the outside, there seems to be considerable work necessary on the inside to make the project work. Dr. Sohn did not see a problem with granting the variance since it had already at one time been a two - family dwelling and parking would probably not be a problem. Mr. DeTrolio stated that the lot is very small. Chairman Wojtkiewicz stated that although he is not opposed to a two - family dwelling at that location, he did not like the grounds used for applying for the variance. He also pointed out that granting a variance for these grounds would be opening a Pandora's box, that there would be the potential for developers to buy property like this one and come before the Board for variances to convert without any concern for the property or the neighborhood. Dr. Sohn voted in favor to grant; Mr. DeTrolio, Mr. Secher, Mr. Wojtkiewicz and Mrs. Cotton voted to deny the request for variance. Application for Variance is denied. The meeting adjourned at 9:45 PM. Respectfully submitted, Mary -Lou Cotton Acting Clerk Next Meeting June 5, 1990