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HomeMy WebLinkAboutZBA_07171990T F4 L1 �. LI fit? ZONING BOARD OF APPEALS MINUTES 90 SEP -5 Pry: 33 11) Lit 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