Loading...
HomeMy WebLinkAboutZBA_08061991ZONING BOARD OF APPEALS' `:t, ' 4 i`« MINUTES 91 SE° -5 A11,111: Lo August 6, 1991 f 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; Peter DeTrolio, Jr. and Richard Secher, Associate Members. The hearing on the application of Eleanor McCarter for a variance from Section 4 Schedule 4.2.1 of the Zoning By -law to construct an addition to a single - family structure at 152 Dean Street (garage, family room, study and deck), an expansion of a pre- existing, non - conforming structure in the R -2 Zone, began at 7:50 PM. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B"; a plan of land dated June 24, 1991, prepared by Rim Engineering, Inc. of Mansfield, MA as Exhibit "C"; and a hand -drawn rendering of the proposed addition as Exhibit "D." The Planning Board, with six members present, voted unanimously to send a positive recommendation on this application. Mr. DeTrolio was appointed as a voting member in place of Dr. Sohn. Mrs. McCarter presented her case, explaining to board members that because her house was built over 100 years ago, there were no zoning laws to dictate the location of the house on the property. The proposed addition would be positioned at the rear of the house so as to not make the house any more non - conforming. The house will be put on town sewer when the addition is built. Mrs. McCarter will leave a copy of the "RDA" approval letter from the Conservation Commission with the Town Clerk. The hearing closed at 8:00. The hearing on the application of John Bender for a variance from Section 4 Schedule 4.2.1 of the Zoning By -law to construct an addition (front porch) to an existing single - family structure at 10 Canoe River Drive with less than the required minimum front yard setback in the R -1 Zone, began at 8:00 PM. The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B"; a plan of land dated June 28, 1991, prepared by DMG Engineering Corp. of Middleboro, MA as Exhibit "C"; and a rendering of the proposed addition as Exhibit "D." The Planning Board, with six members present, voted three in favor, two opposed, and one abstention to l send a positive recommendation on this application. Mr. Secher was appointed as a voting member for this hearing. Minutes of August 6, 1991 Page 2 of 7 Mr. Bender wishes to add on a farmer's porch for his own enjoyment as well as to keep his property in step with the current market trends. The addition would bring him six feet within the front yard setback requirement. Mr. Clemmey asked about the location of the septic system, which is to the rear of the house. The hearing closed at 8:07. Mr. Clemmey wished to discuss the prospect of all board members receiving copies of the minutes before the hearing in order to review them. Mrs. Cotton, as clerk, asserted that this was a good idea since board members could come prepared to discuss them, thereby not taking up meeting time by having them read aloud. Mr. Clemmey made a motion, seconded by Mr. Butler, to have minutes distributed before meetings. Unanimously agreed. Debra will send copies to members approximately one week before meeting dates. The hearing on the application of Albert and Kathleen Barrett for a variance from Section 4 Schedule 4.2.1 of the Zoning By -law to construct an addition (one -story bedroom) to an existing, non - conforming duplex structure at 11 Blake Place with less than the required minimum rear yard setback in the R -3 Zone, began at 8:15 PM. The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B "; and a plan of land and the proposed addition dated July 10, 1990, prepared by Rim Engineering, Inc. of Mansfield, MA as Exhibit "C." The Planning Board, with six members present, voted one in favor and five opposed to send a positive recommendation on this application. Mr. DeTrolio was appointed as a voting member for this hearing. Mrs. Barrett explained to the board that they wish to add a bedroom onto their half of a duplex condominium because they and their three children now occupy only two bedrooms. The addition would bring them approximately 5.5 feet within the required minimum rear yard setback requirement. Mr. Clemmey asked if they are on town sewer; they are. He also commented that there seemed to be ample parking. Mr. Butler asked questions relating to the financial responsibilities of each unit owner for things like maintenance. At present, everything is simply divided in half. Several abutters were present to offer their support for the proposal, including William Cleary, the co- owner, who is supportive if changes are made on the unit's master deed. The hearing closed at 8:30. The hearing on the application of Nancy Gray McNeely for a variance from Section 4.7, sign regulations, of the Zoning By -law to erect signs for two separate businesses located at Minutes of August 6, 1991 Page 3 of 7 888 So. Main Street in the Reservoir District, began at 8:30 PM. The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B"; a plan of land dated July 28, 1976, prepared by Norwood Engineering Co., Inc. of Norwood, MA as Exhibit "C"; and an artistic rendering of the proposed business signs as Exhibit "D." A letter from the Building Inspector stated that no provision had been made in the current by -law for signage regulations in the Reservoir District. The Planning Board, with six members present, voted unanimously to recommend that the signage regulations for Business Districts 1, 2, and 3 be applied to Reservoir District applications. Mr. Clemmey stepped down from this hearing, leaving the room, because his name appeared on the applicant's plan as an abutter. Mr. Secher and Mr. DeTrolio were both appointed as voting members for this hearing. Mrs. McNeely reported to the board her own informal survey of the types of signage presently displayed in Mansfield. Because the land slopes to the rear, where the second business is situated, she wishes to erect a free - standing sign for Mr. Boswell's U.S. General Contractors business. Board members asked several questions regarding the nature of the two businesses and were shown brochures. Mrs. Cotton expressed concern that the plan of land did not indicate the location of the proposed free - standing sign. Mrs. McNeely agreed to have an engineer draw a plan indicating all dimensions and the location. The hearing closed at 8:55. The hearing on the application of Foxfield Realty Trust of Mansfield for a variance from Section 1.5.17.a and Section 4 Schedule 4.2.1 of the Zoning By -law to construct a single - family dwelling on West Street (Assessor's Map 8, Lot 54), with less than the required frontage, lot area and lot width in the R -1 Zone began at 8:55 PM. The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B"; and a plan of land dated March 14, 1991, prepared by Hutchins - Trowbridge Assoc. of Mansfield, MA as Exhibit "C." The Planning Board, with six members present, voted four in favor and two opposed to send a negative recommendation on this application. Mr. Secher was appointed as a voting member for this hearing. Mr. Wojtkiewicz read the grounds for seeking a variance from the application. Attorney Edward Valanzola, representing the applicant, gave a history of the property, including details of the state's land taking for the construction of route 495 and his client's purchase of the land in 1986 based on a faulty plan. He maintained that because a Minutes of August 6, 1991 Page 4 of 7 mortgage discharge was never filed for this parcel, the resultant title problem could be considered a hardship. In addition, changes in the by -law since the purchase have made the lot non - conforming in lot area and width, even though in many respects it is consistent to the character of other lots in the neighborhood. Mr. Wojtkiewicz asked if the applicant had been compensated for the Route 495 land taking. Mr. Valanzola responded that the taking had occurred before his client's purchase of the land but that no compensation had been awarded. Mr. Secher pointed out that the lot had been non - conforming when Foxfield Realty Trust purchased it and that there was therefore no hardship. Mrs. Cotton asked if any neighboring lots had a frontage problem; they do not. Mr. Wojtkiewicz stated that the division of all the lots in joint ownership were divided to intentionally leave this lot with less than the required frontage and that a title problem cannot be considered a zoning problem. Mr. Valanzola responded that the applicant could have chosen to make all the lots "almost conform" to the frontage requirement. Instead, he made all of the other surrounding lots conform, leaving only this one with less than what is required. In addition, he feels that allowing for the development of this lot would greatly improve the appearance of the lot, since there have been dumping problems there. Several abutters were present to express their support for the project. One abutter, Mr. Harlamert at 864 West St., expressed the concern that there is too much wetland for the lot to be viable. Mr. Trowbridge, engineer for the project, assured board members that they propose doing no fill at all and that the Conservation Commission would have to review the proposal before they could proceed. The hearing closed at 9:30. The decision on the application of Marguerite Pellegrini, heard at the July 9th meeting, was reviewed and discussed for clarification. Mrs. Cotton read a letter from the Building Inspector dated August 2, 1991 stating that as the present decision reads, he would not issue a building permit to Mrs. Pellegrini and that the existing garage had been demolished -- not converted, as was his understanding of the original request. Attorney Charles Mulcahy, representing the Pellegrinis, came before the board to clarify his applicant's original intents, which were to retain only the concrete pad underlying the severed garage and to build a new structure somewhat larger than the size of the pad. This would make it necessary to add to the existing concrete ( pad but would still come within the sideline limitation of 2.5 feet established by the board at the July 9th hearing. Minutes of August 6, 1991 Page 5 of 7 Mr. and Mrs. Verzola, abutters at 92 Angell Street, were present to express their dissatisfaction with this information. Mr. DeTrolio felt that he had been misled at the hearing into believing that the old structure would be reworked to create the utility shed. Mr. Mulcahy pointed out that the new utility shed would be smaller than the now - demolished garage. Mr. Clemmey explained to the Verzolas that there was no reason to fear that the Pellegrinis would use the new structure as a garage because a variance is granted for specific use. A motion was made by Mr. Clemmey and seconded by Mrs. Cotton to amend the decision to clarify what is being requested. It was unanimously agreed that the Pellegrinis be allowed to construct a 10x16 -foot utility shed using a portion of the existing concrete pad, with a sideline setback of 2.5 feet. A motion was made by Mrs. Cotton and seconded by Mr. DeTrolio to grant a variance to Eleanor McCarter. Unanimously granted. A motion was made by Mr. Secher and seconded by Mr. Butler to grant a variance to John Bender. Unanimously granted. ( A motion was made by Mr. Clemmey to amend the application submitted by the Barretts to reflect their correct zone and to change the word "duplex" to "condo" in the legal advertisement. Motion not seconded. Mr. Butler requests that the term "single- story" be included in the decision. A motion is made by Mr. Clemmey and seconded by Mr. Butler to grant a variance to Albert and Kathleen Barrett with the condition that only a single -story structure be built. Unanimously granted. A motion was made by Mrs. Cotton and seconded by ? ? ?? to grant a variance to Nancy Gray McNeely, subject to the applicant's submitting a plan showing the location and dimensions of the proposed free - standing, non - illuminated sign and a 10x4 -foot wall sign. The signs must conform to the size regulations established for the business zones. The free - standing sign is not in addition to any existing free - standing sign. Unanimously granted with conditions. Mr. Clemmey wished it noted for the record that he did not participate in this discussion, nor was he present during the discussion. A motion was made by Mr. Clemmey and seconded by Mrs. Cotton to grant a variance to Foxfield Realty Trust. Mr. Clemmey stated that he does not believe it would derogate from the intent of the by -law or be a detriment to the neighborhood. Mrs. Cotton added that it would eliminate the problem of Minutes of August 6, 1991 Page 6 of 7 garbage dumping on the property. Mr. Secher felt there was no case of hardship demonstrated. Mr. Clemmey claimed that owning an undeveloped lot was a financial hardship, to which Mr. Secher responded that the applicant had bought the property knowing its drawbacks. Mr. DeTrolio stated that the neighbors were not opposed. Mr. Wojtkiewicz stated that he has seen many such lots like this one, a "leftover" from a subdivision which remains undeveloped for years, accumulating testimony as to the new makeup of the neighborhood and how it now fits in. He restated his view that a title problem is not a zoning problem. Mr. Butler pointed out that all the other lots purchased at the same time had only the minimum frontage; they could have been divided differently, with greater frontage, simply absorbing the area of this present lot. There was also discussion of Mansfield being considered an "open town"- for development and how the Master Plan and the Planning Board have been striving in recent years to slow the rate of development. Mr. Secher, Mr. Butler and Mr. Wojtkiewicz vote against the motion. Mrs. Cotton and Mr. Clemmey vote in favor. Motion fails. After requesting and then receiving a letter of clarification from the Planning Board regarding the request for variance made by Dr. Stanley Sohn, a letter received from Gary Lilienthal, Dr. Sohn's attorney, was disallowed as part of the decision - making procedure. A motion was made by Mr. Secher and seconded by Mr. DeTrolio to deny the request. Mr. Secher was not convinced that a hardship exists and felt that the Planning Board was specific in its complaints. Mr. DeTrolio felt that the only hardship was one created by the applicant. Mrs. Cotton expressed concern that the property lies in the Water Protection District. Mr. Clemmey felt that the proposal does not conform to the Master Plan and that there would be a conflict between the granting of a variance and the special permit already obtained for the operation of the kennel. Specifically, "that the kennel was proposed as an expansion of an existing use, ancillary to the animal hospital, not as a separate and independent use. " ** Mr. Wojtkiewicz felt that the granting of such a variance would be setting a bad precedent. Mrs. Cotton stated that she believes there is a financial hardship in relation to the subdivision request and also wonders how much emotion has played a part in this case, given the animosity between the Sohns and the Planning Board. Unanimously denied. After requesting and then receiving a legal opinion from Town Counsel Bob Mangiaratti regarding the request for an appeal of a decision of the Building Inspector made by John T. Mahoney III, a letter received from Edward Valanzola, Mr. Minutes of August 6, 1991 Page 7 of 7 Mahoney's attorney, was disallowed as part of the decision - making procedure. Mr. Wojtkiewicz drew board members' attention to the part of Mr. Mangiaratti's letter indicating that if they believe the Building Inspector had grounds to deny a building permit, then his decision should be upheld. Mr. Valanzola stated that Counsel's letter included not only an opinion but other facts that demand rebuttal and he should be allowed to speak as part of due process. Mr. Wojtkiewicz stated that a rebuttal by Mr. Valanzola would essentially constitute another hearing. A representative from Attorney Mark Antine's office, counsel for several abutters, asserted that if Mr. Valanzola spoke he would demand an opportunity for his own rebuttal. Mr. Valanzola then suggested that Mr. Mangiaratti's letter not be allowed into the record, as it constituted the board's acceptance of new information after the public hearing had closed. A motion was made by Mrs. Cotton and seconded by Mr. DeTrolio to uphold the decision of the Inspector of Buildings. Mrs. Cotton feels there are serious questions about the amount of existing frontage and the ability of safety vehicles to navigate the road. Several members agreed, after viewing the site, that it would be hard to classify this portion of Keefe Street as anything more than a right of way. Mr. Clemmey stated that there are many such streets in Mansfield. Mrs. Cotton, Mr. DeTrolio and Mr. Wojtkiewicz vote to uphold the decision of the Building Inspector. Mr. Clemmey votes to overturn the decision. A vote will be sought from Dr. Sohn, who was present for the hearing and received a copy of Town Counsel's letter. Decision of the Inspector of Buildings is upheld. The meeting adjourned at 11:25 PM. Respectful�ly� / submitted, �i?CZZ�/ - �C� C��`✓ Mary -Lou Cotton Clerk Next meeting September 3, 1991 I