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HomeMy WebLinkAboutZBA_05071991ZONING BOARD OF APPEALS MINUTES May 7, 1991 'i6; Minutes of May 7, 1991 Page 2 of 5 The hearing on the application of Mansfield Commerce Realty Trust of Boston for a variance from Sections 4.7.5.3 and 4.7.5.7 of the Zoning By -law to replace existing street signs and directory throughout the Cabot Industrial Park with a new signage program to include additional directional signs in the I -1 Zone began at 8:35 PM. The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B"; a plan of sign locations prepared by Bruce Tyson of TGG Land Planning, Inc. of Needham, MA, as Exhibit "C"; and renditions of the signs as Exhibit "D." Mrs. Cotton read the Planning Board's letter into the record. With six members present, they voted five in favor, one abstention to send a positive recommendation on this application. Mr. Wojtkiewicz explained to the Board that this exact application had been heard and a variance granted in December of 1989 but had never been recorded. He asked Mr. Tyson if there were any changes to the locations or sizes of the proposed signs. Mr. Tyson assured the Board that everything remained the same. The hearing closed at 8:45PM. The hearing on the application of Sheila Ristaino for a variance from Section 4 Schedule 4.2.1 and section 1.5.17a of the Zoning By -law to redivide two lots located at 971 West Street to provide access for a proposed single - family dwelling with both lots having less than the required lot area and lot width in the R -1 Zone began at 8:45 PM. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B"; and a plan of land dated April 2, 1991 prepared by Frederick Lapham III of Mansfield, as Exhibit "C." Mrs. Cotton read the Planning Board's letter into the record. With six members present, they voted unanimously to send a positive recommendation on this application. Mr. Wojtkiewicz read the grounds for variance from the application. The applicant wishes to remove two mobile homes and build a single - family home with access on Grove Street instead of West Street because visibility and traffic are a problem on West Street and this plan would not call for moving a septic system. Ms. Ristaino explained that the two lots as they now exist are in conformance. 2 Providing access from Grove Street is what necessitates the p request for a variance. Mr. Larry Budnick of 960 met- - Street was present and, after hearing what the proposal would entail, was supportive of the project. The hearing closed at 9:00 PM. r The hearing on the application of Thomas'Anderson for a variance from Section 4 Schedule 4.2.1 of the Zoning By -law Minutes of May 7, 1991 Page 3 of 5 to construct an addition to a single - family house at 189 Williams Street with less than the required side yard setback in the R -1 Zone began at 9:00 PM. The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B"; a plan of land dated March 15, 1991 prepared by Richard F. Donovan of Foxboro, as Exhibit "C,"; and a rendition of the proposed addition as Exhibit "D." Mrs. Cotton read the Planning Board's letter into the record. With six members present, they voted two in favor, four opposed to send a positive recommendation on this application. Also submitted was a letter signed by several abutters to Mr. Anderson's property, in support of the project. Mr. Wojtkiewicz explained to the applicant the grounds upon which the Board will make its decision. Mr. Anderson presented the Board with an "as- built" plan, obtained at the time he purchased his home, showing a side yard of 30 feet. When he had his land resurveyed for this project, it was discovered that his side yard was only 21 feet. This error in documentation by the original engineering firm, he feels, is a hardship he did not create. The hearing closed at 9:15 PM. Mrs. Cotton read a letter into the record from Edward Valanzola, legal counsel for Baker construction, regarding the utilities on Kingman Avenue. According to an accompanying letter from Mr. Nick Carpeno, the Highway foreman in Mansfield, sewage was installed and roadway paved on Kingman Avenue in the 1950s by the Town of Mansfield. Mrs. Castriata, an abutter who attended the hearing on April 16, was present to testify that she and her husband paid for two utility poles on Kingman Avenue. A motion was made by Dr. Sohn and seconded by Mrs. Cotton to uphold the decision of the Building Inspector in the Colbert case. Mrs. Cotton felt that the Building Inspector made the correct decision based upon the information which he was given to issue a building permit. Unanimously upheld. A motion was made by Mr. Clemmey and seconded by Mr. Secher to grant a variance to Mr. Richard Palanza. Mr. Secher felt that no case of hardship had been presented and worried about setting a precedent for this type of property. Mr. Clemmey felt that the precedent has already been set and that the provisions in the Master Plan for cluster development are encouraging people to build several homes on parcels of this size; Mr. Palanza only wants one single- family home. Dr. Sohn felt that the hardship of the lot was one contrived by the applicant, that he created his own non- Minutes of May 7, 1991 Page 4 of 5 conforming lot by piecing parts of two other lots together. Mr. Butler felt that the comparison to cluster development was irrelevant since cluster developments have their own rules that are different from those applicable to the proposal presented by the applicant. Mr. Clemmey cautioned the Board that there are many proposals for the opening up of back land destined for this Board in the near future. Mrs. Cotton felt that the proposal definitely derogated from the intent of the by -law, yet also felt it was a shame to waste 2.5 acres. Mr. Wojtkiewicz explained that his reasons for supporting the proposal were more personal than rational. Mr. Wojtkiewicz, Mr. Clemmey and Mrs. Cotton vote to grant the variance; Mr. Secher voted against; Dr. Sohn abstained. The variance is denied. Mrs. Cotton made a motion to grant a variance to Thomas McDonald with several conditions. Motion seconded by Mr. Butler. Mr. Wojtkiewicz was wary of permitting an above- ground tank in a residential zone. Dr. Sohn pointed out that he is well within his rights to operate a business on the property. The variance is unanimously granted with conditions. A motion was made by Mrs. Cotton and seconded by Dr. Sohn to grant a variance to Mansfield Commerce Realty Trust. Unanimously granted. A motion was made by Mr. Clemmey and seconded by Mrs. Cotton to grant a variance to Sheila Ristaino. Unanimously granted. A motion was made by Mr. Clemmey and seconded by Mrs. Cotton to grant a variance to Thomas Anderson. Mrs. Cotton felt this was a hardship created by the engineer, not the applicant, and wishes it noted as such in the decision to grant the variance. Unanimously granted. A motion was made by Dr. Sohn and seconded by Mrs. Cotton that a letter be drafted and read at Town Meeting on Monday, May 13, outlining the Zoning Board of Appeals' opposition to Article 56, a request by the Planning Board to dissolve the use variance. Mrs. Cotton will draft and send to Debra. Copies to be sent to: Town manager, Planning Board, Selectmen, Finance Committee, Building Inspector, and the Planning Director. The meeting adjourned at 10:00. Minutes of May 7, 1991 Page 5 of 5 Respectfully submitted, Mary -Lou Cotton Clerk Next meeting May 21, 1991