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HomeMy WebLinkAboutZBA_120419901 { IF, 1,1 „D ZONING BOARD OF APPEALS 9 1 1 1 2 29 iii 1,x9 MINUTES DECEMBER 4, 1990 H AC! 1USETTS 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 Wojtkiewicz, Chairman; Edward Valanzola, Clerk; Mary -Lou Cotton; Dr. Stanley Sohn; and Richard Secher, Associate Member. The hearing on the application of Alan Brown for a variance from Section 4 Schedule 4.2.1 and Section 1.5.17a of the Zoning By -Law to construct a single- family dwelling at 126 Shawmut Avenue with less than the required minimum lot area and lot width in the R -2 Zone began at 7:45 PM. . The application was labeled Exhibit "A ", newspaper advertisement as Exhibit "B ", and plan of land dated November 20, 1990, prepared by Hutchins - Trowbridge Assoc. Inc, of Mansfield, as Exhibit "C." Mr. Secher was appointed as a voting member in place of Mr. DeTrolio. There was no Planning Board recommendation made on this application. Mr. Wojtkiewicz read the grounds for requesting a variance from the application and explained the terms "hardship" and "derogation from the by -law” to the applicant. Mr. Brown, the applicant, gave a history of the property. The lot on which he wishes to build a single - family house presently has a right of way (paper street), known as Willis Street, running through it. Although the applicant owns the land and has been paying taxes on it since he bought it, the town has retained the right to use it as a right of way. The applicant has devoted considerable time and money in first obtaining an abandonment of Willis Street at town meeting, and most recently, bidding for and obtaining the right to purchase the right of way from the town. The applicant has developed the rest of Shawmut Avenue, building other homes and putting in water and sewer for the entire street. Even though this lot is larger than most other lots in the neighborhood, he did try to purchase a small parcel of land from an abutter, the Williams estate, to avoid the necessity of obtaining a variance. The Williams estate, however, only wished to sell their whole parcel, consisting of three to four acres. There were several abutters present who offered their support for the project: Stephen Conroy, Don Huston, and John Fassak. Mr. Fassak gave his support after asking a question about what determines the size of the structure that can be built on the property. Mr. Wojtkiewicz explained that the proposed structure would have to conform to zoning requirements regarding setbacks, height requirements, etc., and that the Zoning Board of Appeals Minutes of December 4, 1990 Page 2 of 2 house proposed by Mr. Brown seemed to be similar to what already exists in the neighborhood. The hearing closed at 8:05 PM. The hearing for Janel and Richard Hill was cancelled because the owner of the property at 258 West Street, Mr. David Martin, appeared before the board and asked that the application be withdrawn without prejudice. He told the board that the Conservation Commission had asked for further information on the project and that they needed time to prepare themselves before appearing at a hearing. Mr. Wojtkiewicz informed Mr. Martin that the applicants or their representative should submit in writing their request for withdrawal. A motion was made by Mrs. Cotton and seconded by Mr. Secher to grant a variance to Alan Brown to construct a single - family dwelling at 126 Shawmut Avenue with a lot area of 10,300 sq. feet ( + / -) in the R -2 Zone. Unanimously granted. The board felt that a variance on lot width was not necessary. The minutes of November 20 were read and approved. Correspondence was read. Bills were signed. It was agreed that because the first Tuesday in January is New Year's Day, there will be only one hearing scheduled for the month of January, on Tuesday, the 15th. The meeting adjourned at 8:45 PM. yxes ec tfull bmitted, ward W. Valanzola Clerk