HomeMy WebLinkAboutZBA_03191991ZONING BOARD OF APPEALS "D °i
MINUTES 9I 14i `4 N I2: 115
March 19, 1991
f l
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; Mary -
Lou Cotton, Clerk; Eric Butler; Karl Clemmey; and Richard
Secher and Peter DeTrolio, Associate Members.
Mr. DeTrolio was appointed as a voting member in place of
Dr. Sohn for the first hearing of this meeting. Mr. Secher
was appointed as a voting member in place of Dr. Sohn for
the second hearing of this meeting.
The hearing on the application of Alan E. Brown of 200
Chauncy Street for a variance from Section 4 Schedule 4.2.1
of the Zoning By -Law to construct an addition to a single -
family dwelling located at 126 Shawmut Avenue with less than
the required minimum rear yard setback in the R -2 Zone began
at 7:45 PM.
The application was labeled Exhibit "A ", newspaper
advertisement as Exhibit "B ", and a plan of land dated
November 20, 1990 and updated February 22, 1991, prepared by
Hutchins- Trowbridge Assoc. of Mansfield, as Exhibit "C ".
Mrs. Cotton read the Planning Board's letter into the
record. With five members present, they voted unanimously
to send a negative recommendation on this application.
Mr. John Picard, an associate of Mr. Brown's, was present to
represent Mr. Brown's interests in this case. He explained
that the customer who has purchased this house, which is
still in the construction phase, has asked for the
relocation of the deck from the side of the house to the
rear of the house.
There were two abutters present to voice their opposition to
the variance. Mr. John Fassak, of 119 Samoset Avenue,
stated that the house is already the biggest house in the
neighborhood and that the deck in this location would make
it seem even larger. Mr. Donald Huston, who owns the parcel
directly behind this property, pointed out that the rear
yard setback would be only 18 feet if the deck were built
onto the back of the house. He does not wish it to be that
close to his property line.
Board members asked questions relating to the building stage
of the house, which has been framed with provisions for the
deck in both locations, and whether the purchase of the
house is contingent upon obtaining this variance. It is
not. The customer would prefer the different location, but
Minutes of March 19, 1991
Page 2 of 5
has not said he will not purchase the house if this cannot
happen. The hearing closed at 7:55 PM.
The hearing on the application of Richard and Janel Hill of
Middleboro for a variance from Section 4 Schedule 4.2.1 of
the Zoning By -Law to construct a single - family dwelling at
258 West Street with less than the required frontage and
minimum lot width in the R -2 Zone began at 8:00 PM. Mr.
DeTrolio left the room during this hearing because his son
was legal counsel for the Hills.
The application was labeled Exhibit "A ", newspaper
advertisement as Exhibit "B ", and a plan of land dated July
11, 1990 and updated December 7, 1990, prepared by Hutchins -
Trowbridge Assoc. of Mansfield, as Exhibit "C ". Mrs. Cotton
read the Planning Board's letter into the record. With five
members present, they voted four in favor and orie opposed to
send a negative recommendation on this application. Mr.
Edward Valanzola, the former Clerk of the Zoning Board of
Appeals, appeared before the Board to formally withdraw as
legal counsel to the Hills in order to avoid any appearance
of conflict of interest or impropriety. He asked that an
identical application be submitted with the new attorney's
name on it. The new application was accepted in addition to
the first one, since the first one had the Town Clerk's date
stamp on it.
Mr. Wojtkiewicz read the grounds for seeking a variance from
the application. The application states that the lot is a
separate lot, there is no request for subdivision; the lot
has been assessed by the Board of Assessors as a buildable
lot; the soil conditions, i.e. wetlands, have created a
hardship upon the applicants; and the variance is not being
sought for profit -- the proposed house will be bought by
the owner's brother -in -law and his wife.
Mr. Peter DeTrolio III, attorney for the applicants, gave a
history of the property. He also submitted a list of
signatures of abutters who are in favor of the granting of
the variance. He feels that the proposed dwelling would be
in keeping with the character of the neighborhood since most
of the homes in the area are built on small parcels. In
regards to the wetlands, the house will be built 75 feet
from the edge of the wetlands, with a gravel driveway and a
dry well to prevent water run off, as well as connect to
town water and sewer. He also pointed out that the
Conservation Commission has given a positive recommendation
to this project.
Mr. Wojtkiewicz stated that there had been some disagreement
at the time of the last hearing (Oct. 16, 1990) as to the
location of the wetlands. Mr. Trowbridge responded that a
Minutes of March 19, 1991
Page 3 of 5
site walk had since been done with the Conservation
Commission. Marilyn Powers, chair of the Conservation
Commission, was also present and added that a notice of
intent would be required if the variance is granted so that
the soil conditions would be made part of the deed to ensure
compliance.
Mr. Wojtkiewicz asked why, if Mr. Martin had never intended
to build on this property, was he intending to build now?
Mr. DeTrolio explained that his brother -in -law's job changed
and required him to travel great distances from where he was
living. He and his wife now wish to move to Mansfield and
have come to an agreement with Mr. Martin on this parcel of
land.
Mrs. Cotton asked if the Conservation Commission's
conditions had specified that the driveway could never be
blacktopped. Ms. Powers replied that the specific
conditions are to be worked out at another hearing.
Mr. Secher asked about the applicant's stated hardship
regarding the lot's assessed status as a buildable lot and
if he were asking the Board of Appeals to right a perceived
wrong of the Board of Assessors. Mr. Butler added that the
amount of taxes he is presently paying for six acres is
negligible and that if his complaint is with the Board of
Assessors, he should ask for an abatement hearing. Mr.
Martin responded that he has had an abatement hearing and
that the Board of Assessors maintains this is a buildable
lot and recommended that he come to this Board for a
variance. He feels that the community has created this
hardship, in that respect. And since it's been designated
as a buildable lot, he wants to take advantage of it.
Rae Foster, a direct abutter at 270 West Street, spoke in
opposition to the granting of a variance. She explained to
the Board the soil conditions in the area, pointing out that
her property and much of the surrounding property is filled
land from when the underpass was dug. She has terrible
water problems in her house already and is concerned that
any disturbance in the soil could exacerbate those problems.
Though there are no trees on the location of the proposed
house, there is vegetation absorbing water, and protection
efforts on the applicant's part may not be enough to protect
her property. She also feels there would be certain impact
on the wildlife who live on the proposed lot.
Mr. Patel, an abutter at 300 West Street, stated that he has
a brook running on his property and is also concerned with
the impact this project would have on the surrounding lots.
Mrs. Cynthia Demarest, an abutter at 269 West Street, stated
Minutes of March 19, 1991
Page 4 of 5
that the Martins bought this parcel of land knowing all of
its drawbacks. When she and her husband bought their house
a year ago, they were told that the Martin property could
never be developed. Also, the petition submitted in favor
of the project did not contain any names of direct abutters.
Mr. Trowbridge spoke to several of the abutters' concerns,
stating that a gravel driveway will absorb water, a steel
drainage pipe is proposed, and that Ms. Foster's property is
at a higher elevation than the Martin property. Mr.
DeTrolio added that the impact on wildlife would be minimal,
since they live in the wetlands, and that Mr. Martin has
offered to plant shrubbery between this property and Ms.
Fosters. Finally, he feels that the precedent has been set
in town for lots like these being developed.
Mr. Ted Page, an abutter at 273 West Street, told the Board
that he felt a strong argument could be made about the value
of abutting properties should this lot be developed. Many
of the abutters were attracted to the neighborhood because
of this open space, feeling confident that the land would
never be developed.
Mr. Hill, the applicant, ended the discussion by saying that
if he didn't think this were a viable piece of land, he
wouldn't be pursuing this at all. The hearing closed at
9:20 PM.
Mr. Clemmey made a motion to grant a variance to Alan Brown.
Motion not seconded. Mr. DeTrolio made a motion to deny a
variance to Alan Brown because it leaves too little rear
yard setback. Motion seconded by Mrs. Cotton, who added
that the question was not whether or not the customer could
have a deck, but rather the location of the deck. Mr.
Butler added that in order to build the house in the first
place, Mr. Brown had been required to get a variance. Since
it was a tight fit to start with, he should just operate
within those limits. Mr. DeTrolio, Mrs. Cotton, Mr. Butler
and Mr. Wojtkiewicz vote to deny. Mr. Clemmey votes to
grant. Variance denied.
Mr. Butler stated that he wished to view the Martin property
before voting. Unanimous decision to postpone decision to
April 2, 1991.
The minutes of March 5, 1991 were read and approved.
Mr. Donald Huston was back before the Board to resolve the
issue of the right of way known as Willis Street, which runs
( through the property on which he has proposed to build a
house at 123 Samoset Avenue. He read a series of
Minutes of March 19, 1991
Page 5 of 5
correspondence to and from his lawyer, the Town's lawyer,
the Board of Selectmen and himself, the end result being
that the issue is still not resolved. Mr. Wojtkiewicz
advised him that time is running out on his application time
limit. Mr. Huston responded by asking to withdraw his
application without prejudice and presented the Board with a
letter stating the same.
Ms. Foster invited Board members to visit her property when
they visit the Martin property.
The meeting ended at 10:10.
Respectfully submitted,
Mary -Lou Cotton
Clerk
j
Next meeting April 2, 1991