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HomeMy WebLinkAboutZBA_11201990ZONING BOARD OF APPEALS MINUTES NOVEMBER 20, 1990 WE 11 All 8:50 i.IASS h,r!IU SE T TS 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: Edward Valanzola; Mary -Lou Cotton; Eric Butler; and Peter DeTrolio and Richard Secher, Associate Members. The hearing on the application of David J. Champagne for a variance from Section 4 Schedule 4.2.1 of the Zoning By -Law to construct an addition to an existing single - family dwelling at 170 Stearns Avenue with less than the required side yard setback in the R1 Zone began at 7:50 PM. The application was labeled Exhibit "A ", newspaper advertisement as Exhibit "B ", and plan of land dated September 21, 1990, prepared by Bay Colony Surveying, Inc. of Foxboro, as Exhibit "C." Mr. Valanzola assumed the role of chairman, Mrs. Cotton was appointed Acting Clerk, and Mr. DeTrolio and Mr. Secher were appointed voting members for this hearing. Mrs. Cotton read the Planning Board's letter of recommendation into the record. With six members present, they voted five in favor and one abstention to send a negative recommendation on this application. Mr. Valanzola read the grounds for requesting a variance from the application. The applicant wishes to put an addition onto his house which would provide a two -car garage and more living space for his growing family. Mr. Champagne described the details of his planned changes. Mr. Deltano, an abutter to the property, was present and voiced his support of the project. Mr. Champagne added that another abutter had given him his verbal support of the project. Board members asked questions regarding the proximity of abutting properties, the location of the septic system, the feasibility of the addition being either scaled down or positioned on the property differently, and about the alternative of buying abutting property from a neighbor. Mr. Valanzola explained the terms "derogation from the by- law" and "hardship" and how they are viewed by the Board in making its decision. The hearing closed at 8:00 PM. The hearing on the application of Timesaver Realty Trust of Foxboro for a variance from Section 4 Schedule 4.2.1. of the i Zoning By -Law to allow an existing single- family dwelling at 248 Branch Street with less than the required front yard setback in the R -1 Zone began at 8:00. Mr. Valanzola again Minutes of November 20, 1990 Page 2 of 4 assumed the role of chair, Mrs. Cotton was appointed acting clerk, and Mr. DeTrolio and Mr. Secher were appointed as voting members for this hearing. The application was labeled as Exhibit "A ", the newspaper advertisement as Exhibit "B ", and a plan of land dated October 3, 1990, prepared by Hutchins - Trowbridge Assoc., Inc. of Mansfield, as Exhibit "C." Mrs. Cotton read the Planning Board's letter of recommendation into the record. With six members present, they voted one in favor, four opposed and one abstention to send a positive recommendation on this application. Mr. Valanzola asked the applicant, Donald Treannie, to state the grounds for requesting the variance. Mr. Treannie stated that during construction of the house, boundary stakes were mistakenly moved, which resulted in the front corner of the house being set back only 36.5 feet instead of the required 40 feet. Michael Trowbridge, the engineer for the project, added that both construction and conservation work was being done in the area when this house was being built. The stakes were pulled up because of this work and then put down improperly. The Board asked questions regarding the status of the house (it is sold), when the error was found (during final occupancy inspection), and whether any future widening of the road might create further problems. Mr. Trowbridge assured the Board that there was ample space on the property should a widening of. the road become necessary. The hearing closed at 8:13 PM. The October 16, 1990 minutes were read and approved. Dr. Sohn arrived at the meeting at 8:15 PM. The hearing on the application of Don Desvergnes of Attleboro for a variance to subdivide a parcel of land on Elm Street (Assessor's map 7, lot 15), one of said lots (Lot #2) having less than the required frontage in the R -1 Zone began at 8:21 PM. The application was labeled as Exhibit "A ", the newspaper advertisement as Exhibit "B ", and a plan of land, dated September 28, 1990, prepared by Hutchins - Trowbridge Assoc., Inc. of Mansfield, as Exhibit "C." Mr. Secher was appointed a voting member for this hearing. Mrs. Cotton read the Planning Board's letter of recommendation into the record. With six members present, they voted unanimously to send a positive recommendation on the application. Minutes of November 20, 1990 Page 3 of 4 Mr. Valanzola read the grounds for requesting the variance from the application. The applicant had already been granted a variance on January 30, 1989 for this exact proposal. He did not know, however, that he had to begin executing the project within one year of the granting of the variance. His year has expired and he is back before the Board with the same proposal. Mr. Trowbridge, representing Mr. Desvergnes, gave a history of the project. Mr. Desvergnes had originally asked the Planning Board for the right to construct a cul -de -sac and three house lots. They referred him to the Zoning Board with the suggestion that he forego the cul -de -sac and instead subdivide the property into two house lots. This would make the process simpler for him and cost the town less money over time, since it would not be required to maintain a roadway and provide drainage. Since the original variance was issued, however, zoning laws have changed and the frontage requirement is different. Mr. Valanzola noted that both lots would now require a variance due to zoning changes, not just the one requested by the applicant and advertised by the Board. Mr. Richard Morse of 581 Elm Street, an abutter, was present and voiced his concern for the environmental impact this project may have on the town's water supply. Dr. Sohn asked if a zone study had been done to determine the direction of water flow in the area. Mr. DeTrolio responded that such a study was currently being done. Mr. Trowbridge added that this was not the final step for the project; the Board of Health still has to review the plans for such concerns. Mr. Morse felt that it is imperative that someone address these environmental concerns before the project is begun. Mr. Valanzola pointed out that the purview of the Board of Appeals is restricted to issues relating only to zoning. Another interested party, Susan St. Lauren, question the Planning Board's decisions regarding appropriate areas in which to build. Mr. Butler suggested that the property be divided differently so that each lot has the minimum required lot area. The hearing closed at 8:37 PM. A motion was made by Mrs. Cotton and seconded by Mr. Butler to deny Mr. Champagne's request for a variance. Mrs. Cotton suggested that the applicant's plans could either be scaled down or that land could be purchased from an abutter to accommodate the alterations proposed on the submitted plan. Mr. Butler pointed out that the leech field is not located in the back of the house, as the applicant stated in making his argument against building on in the back. Mr. Secher felt that the request for variance was too great. Mr. Valanzola felt that no case of hardship was demonstrated in relation to this request. Unanimously denied. Minutes of November 20, 1990 Page 4 of 4 A motion was made by Mr. Valanzola and seconded by Mrs. Cotton to grant a variance to Timesaver Realty Trust for a front yard setback of 36.5 feet ( + / -) at 248 Branch Street. Unanimously granted. A motion was made by Dr. Sohn and seconded by Mr. Butler to grant variances to Don Devergnes to subdivide a parcel of land on Elm Street, lot #1 having frontage of 120 feet ( + / -), lot area of 31,675 sq. ft. ( + / -), and less than the required lot width; lot #2 have frontage of 91.72 feet and less than the required lot width. Mr. Secher preferred Mr. Butler's idea of dividing the two lots differently so that both would conform to the minimum required lot area. Mr. Butler added that much has changed since Mr. Devergnes's original variance was granted. Dr. Sohn felt that two lots with less than the required frontage would not detract from the neighborhood because much of the surrounding property consists of similarly shaped lots. Mr. Butler also felt that placing the houses on the lots as they are now divided would leave open the door to future variance requests for the same property. Mr. Valanzola voted in favor of granting the variance; Mrs. Cotton, Mr. Butler, Mr. ( Secher and Dr. Sohn vote to deny the request. Motion fails. A motion is made by Dr. Sohn and seconded by Mrs. Cotton to approve the variance request if lot #1 is redivided to contain 45,000 sq. feet. Mr. Valanzola points out that if there is a better way of dividing the property, a new plan should be submitted. Since the newspaper advertisement did not specify all the variances that would be needed to bring the property into conformance, he suggests that the application be resubmitted. Dr. Sohn withdraws his motion. A motion is made by Mr. Valanzola and seconded by all members except for Mr. Butler to waive the filing fee. It is agreed that the fee will be waived and the application will be resubmitted with new plans. The meeting adjourned at 9:30 PM. Respectful) s itted, Edward W. Valanzola Clerk