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ZONING BOARD OF APPEALS
MINUTES 90 SEP -5 Pry: 33
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JULY 17, 1990 r,� A����L���E��S
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; Eric Butler; Stanley Sohn;
and Peter DeTrolio and Richard Secher, Associate Members.
The hearing for Robert H. and Fred J. Barrows was continued
from June 5 and June 19, 1990. The applicants are seeking a
variance from Section 4 Schedule 4.2.1 of the Zoning By -Law
to construct a single- family dwelling at 440 East Street
with less than the required frontage in the R2 Zone. The
hearing began at 7:45 PM. Mr. DeTrolio was appointed a
voting member in place of Mr. Valanzola.
Robert Barrows, representing himself and his brother,
presented a new site plan dividing the property into three
lots, the proposed house to be built on Lot #3. Mr. Barrows
explained to the Board that their original plan had been to
abandon the paper street but that many abutters were not
agreeable to that proposition. Chairman Wojtkiewicz pointed
out that the proposal is to build a house that technically
has no access. Mr. Butler added that even if the paper
street were to be created, the proposed house would be left
with no frontage. When asked about the hardship involved in
this case, Mr. Barrows pointed out that the land had been
purchased as two parcels and the paper street had been
stricken from the deed. Attempts to buy additional land
from an abutter have not been fruitful. The Board took the
case under advisement and the hearing ended at 8:00.
The hearing on the application of Anthony and Joanne Durbano
of 661 Ware Street for Variances from Section 4 Schedule
4.2.1, Sections 1.5.17a, 4.8.3 and 4.8.4 of the Zoning By-
Law to complete construction of a two - family dwelling at the
southeasterly side of West Church Street with less than the
required minimum lot area, minimum lot width, water body
setback and minimum buildable lot area in the R -3 Zone began
at 8:00 PM. Mr. Secher was appointed a voting member in
place of Mr. Valanzola.
The application was labeled as Exhibit "A"; newspaper
advertisement as Exhibit "B"; a Plan of Land dated 6/28/89
and revised 5/24/90, prepared by Hutchins - Trowbridge Assoc.
of Mansfield as Exhibit "C"; and a rendering of the proposed
dwelling, prepared by the applicant, as Exhibit "D."
Minutes of July 17, 1990
Page 2 of 4
The Planning Board, with four members, voted two in favor
and two opposed to send a negative recommendation on this
application.
Mr. Durbano gave a history of the property, including
mention of the two hearings, one for a variance and another
for an appeal of the decision of the Building Inspector to
issue a building permit, that the Board has already heard
regarding this property in the past year. He returns to
this hearing with two changes: 3,500 sq. ft. has been found
at the site; and under new zoning, variance requirements
have changed, which brings him closer to conformance. He
pointed out that he would be bringing in a gas line and
providing a catch basin which would prevent run -off into the
river -- additions that he believes would be beneficial to
the neighborhood.
The Board asked many questions about the situation of the
house on the property, water levels, sewerage, parking, and
what the additional 3,500 sq. ft. means to the proposal.
one abutter, Mr. Kevin McNatt, spoke against the project,
citing two previous court decisions regarding properties of
similar nature which had been disallowed by other
Massachusetts Zoning Boards. He also pointed out that the
land conforms to requirements for a single - family dwelling.
The Board took the case under advisement and the hearing
ended at 8:25.
The hearing on the application of William Lee Roberts,
Cabot, Cabot and Forbes Realty Advisors, for a Variance from
Section 4.3.2 of the Zoning By -Laws to construct a building
at 515 West Street with less than the required buffer zone
in the I -1 Zone began at 8:25. Mr. DeTrolio was appointed a
voting member in place of Mr. Valanzola.
The application was labeled Exhibit "A ", newspaper
advertisement as Exhibit "B ", and Plan of Land dated
5/20/90, prepared by Sullivan Architecture, Inc. of Boston,
as Exhibit "C." The Planning Board, with four members,
voted one in favor and three opposed to send a positive
recommendation on this application.
The applicant was not present. He was represented by Kevin
Callahan, the project's builder, and Julie Sullivan, the
architect for the project. Ms. Sullivan presented the case
for a reduced buffer zone for this building, which will
house a day care center. The Fire Department has requested
that the driveway be moved 18 ft. in order to allow
straight- through access to the building. Lt. Sarro of the
Mansfield Fire Dept. spoke in favor of the proposed driveway
shift. Ms. Sullivan showed pictures of the dense growth
Minutes of July 17, 1990
Page 3 of 4
that is already in place, before landscaping, between the
building's grounds and the next abutter. They have spoken
with those abutters, the Dutras, who have no opposition to
the proposal. There were no abutters present. The Board
took the case under advisement and the hearing ended at
8:35.
The hearing for Americo Dei, Jr., attorney for the estate of
Alice Piasecki, was cancelled because the applicant withdrew
his application. The hearing for Michele Galante was
rescheduled for August 21 because the applicant was not
present.
A motion was made by Mr. Butler and seconded by Dr. Sohn to
deny Fred and Robert Barrows's application for a variance.
Mr. Butler felt it unwise to allow the creation of a lot
with no frontage, or at the least, the potential for no
frontage. Dr. Sohn felt that there were too many variables
in the proposal. Chairman Wojtkiewicz added that there was
no clear case of hardship involved and that even if lots #2
and #3 were combined to allow access, the frontage for the
property would be far short of what is required in the R2
Zone. Unanimously denied.
A motion was made by Mr. Becher and seconded by Mrs. Cotton
to deny Anthony and Joanne Durbano's application for a
variance. Mr. Secher felt that no significant change had
occurred with the property since the last hearing. Mrs.
Cotton expressed concern about the overuse of the property
and its close proximity to the river. Mr. Wojtkiewicz felt
that even though the property is marginally buildable, a
hardship does exist in that the applicants are very close to
the minimum requirements in most instances. He pointed out
that there are many duplexes in the area, even on Fulton
Pond. Dr. Sohn was concerned about problems with parking
and pointed out that all requirements except water body
setback would be met for a single - family dwelling. Mrs.
Cotton and Mr. Secher voted to deny; Mr. Wojtkiewicz and
Dr. Sohn voted to grant; Mr. Butler abstained; the motion
failed.
A motion was made by Mr. Butler and seconded by Mrs. Cotton
to grant a variance with the restriction that only a single -
family dwelling be built. Mrs. Cotton, Mr. Secher, Mr.
Wojtkiewicz and Mr. Butler voted in favor; Dr. Sohn
abstained. The variance is granted with restriction.
A motion was made by Dr. Sohn and seconded by Mrs. Cotton to
grant a variance to William Lee Roberts for a building at
\ 515 West Street with a buffer zone of 32 feet, in accordance
with the plans submitted. Unanimously granted.
Minutes of July 17, 1990
Page 4 of 4
A vote was taken on the application of John Todesco for a
variance to convert a single- family dwelling at 42 Branch
Street to a two- family dwelling. A motion was made by Dr.
Sohn and seconded by Mr. Valanzola at the June 5 hearing to
deny the application for variance. Mr. Wojtkiewicz had
rescheduled the vote in order to view the property.
Unanimously denied.
The minutes of May 15 and June 19 were read into the record
and accepted by the Board. Bills were signed and
correspondence read and discussed. The meeting adjourned at
9:40 PM.
Respectfully submitted,
Mary -Lou Cotton
Acting Clerk
Next meeting August 21, 1990