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HomeMy WebLinkAboutZBA_12031991RE(TIVED ZONING BOARD OF APPEALS Tr)VI MINUTES 92 JAN -3 All B: 54 December 3 1991 " '- 1 IFiii r I =ED MASS C USETTS The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA, at 7:30 P.M. Present at the hearing were the following members: George Wojtkiewicz, Chairman; Mary -Lou Cotton, Clerk; Karl Clemmey; Stanley Sohn; Eric Butler; Richard Secher and Peter DeTrolio, Associate Members. The hearing on the application of Thomas and Elaine Borroni for a Variance from Section 4 Schedule 4.2.1 of the Zoning By -Law to reconstruct a kitchen and add a second story to an existing, non- conforming structure at 132 Branch Street with less than the required minimum front yard setback -R -1 Zone, began at 7:30 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of Land dated October 29, 1991, prepared by David E. Grant of Mansfield, MA, as Exhibit "C ". Mrs. Cotton read the Planning Board's recommendation into the record. With five members present, they voted unanimously to send a positive recommendation on this application. Mr. DeTrolio was appointed as a voting member for this hearing in place of Dr. Sohn. ( Mr. Wojtkiewicz noted that Mr. Borroni's application did not include his reasons for seeking a variance and asked him if he received a copy of the guidelines. Neither Mr. Borroni nor his builder, Michael Riha of Riha Construction, did not recall, so Mr. Wojtkiewicz explained to them the grounds under which a variance may be granted to the applicant. Mr. Riha explained that Mr. Borroni proposes to redo his kitchen with an additional second story, including a bath, and that the second story has a two -foot overhang past the previous structure. Mr. DeTrolio asked if any neighbors were opposed to the construction, and Mr. Borroni repled no. Mr. Butler asked how old the house is, and Mr. Borroni replied 130 -140 years old, and that it is already an existing, non - conforming structure. Mr. Clemmey questioned whether the house is actually in an R -1 Zone as he felt it was in an R -2 Zone. Mr. Wojtkiewicz asked about the shed on the property, and Mr. Riha explained that it will be moved. Dr. Sohn asked if the house is a single- family, and Mr. Borroni replied yes. One abutter was present showing support. The hearing closed at 7:50 P.M. The hearing on the application of David and Beth Bruno Oberlander for a Variance from Section 3.10.3 and Section 4 Schedule 4.2.1 of the Zoning By -Law to convert a single - family dwelling at 47 Wilson Place to a two - family dwelling with less than the required minimum frontage and front and side yard setbacks, an expansion of a non - conforming use in the R -2 Zone, began at 7:50 P.M. Minutes of December 3, 1991 Page 2 of 5 The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B "; and a Plan of Land dated November, 1991, prepared by Mark Thompson, P.E., as Exhibit "C ". Mrs. Cotton read the Planning Board's recommendation into the record. With five members present, they voted two in favor and three opposed to send a positive recommendation on this application. Mr. Clemmey stepped down from this hearing because he is an abutter. Mr. Secher was appointed as a voting member for this hearing. Mr. Wojtkiewicz read the grounds for seeking a variance from Attachment 1 of the application. In summary, (1) the applicants have a financial hardship as they are trying to refinance and the banks are refusing them because they are non - conforming; (2) the applicants' research indicates that-the house has been used as a two - family from 1939 to present; (3) the neighborhood already consists of many other multi - family dwellings which are also non- conforming; and (4) no neighbors object to the two - family use. Mr. Oberlander presented his case to the Board. He stated that Mr. Wojtkiewicz summed up his reasons for approaching the board, but wished to refute the Planning Board's recommendation. Mr. Oberlander explained that his research indicates there was always a two - family use, that he has a financial hardship of $200 -$300 a month if not approved for a new mortgage, and that he has no recollection of a previous variance being applied for this lot. Mr. Wojtkiewicz noted that the use is the major issue and asked Mr. Oberlander to further prove to the Board that his dwelling has been used continuously as a two - family. Mr. Oberlander asked the Board to review his Attachment 2 with his application in which he lists last names from 1939 to present. He explained that he documented this information from street lists on file at the Town Library and noted that there are two last names listed for each period. Mr. Oberlander also stated that one of his abutters, Joseph Hagerty of 29 Wilson Place, is living proof that there have been two families living in the dwelling. Mr. Wojtkiewicz asked about the period between 1984 -1987, noting that the McCoy's lived there and asked if there were any other residents. Mr. Oberlander replied that he did not know of any other residents. Mrs. Cotton stated that the Town Census should report all residents, but Mr. Oberlander responded that the census is not fool - proof. Mr. Hagerty stated that he has lived on Wilson Place for 51 years and as far as he can recollect the house has always been a two - family. Mr. Butler asked Mr. Hagerty if he could shed any light on the McCoy's during 1972 -1987, and Mr. Hagerty stated he cannot recall. 1 Minutes of December 3, 1991 Page 3 of 5 Mr. Secher asked how he first obtained a mortgage if his house was non - conforming, and Mr. Oberlander replied that his mortgage company overlooked it as he had no problems. Mr. Butler asked how many electric meters his house includes, and Mr. Oberlander replied one. Mr. DeTrolio asked how the house was listed with his real estate broker, and Mr. Oberlander responded as a one - family with in -law possibilities. Several other abutters were present, all supporting the applicants in their petition for a two - family use. One abutter, Alex Salachi, wished to respond to the Planning Board's recommendation of petitioning Town Meeting to change the zoning in their area and stated that this approach would be a lengthy one in which the applicants may not'be able to benefit from the current low- interest mortgage rates. Mr. Wojtkiewicz asked if anyone was aware after 1953 if the house was not used as a two - family for a year or more, and Mr. Hagerty replied that, to his knowledge, there have always been two families living there. Mr. Wojtkiewicz then asked if anyone wished to object to the variance on the grounds that it has not been used as a two - family, and no one objected. Dr. Sohn asked if there are any parking problems, and Mr. Oberlander replied no. Mrs. Cotton then noted that the street lists at the library may only include names of adults, not children that may be living in the apartment. Mr. Butler then questioned the mix of single and multi - family dwellings in the neighborhood, and Beth Bruno Oberlander explained that Cedar Court and Webb Place are in their neighborhood as well as many two- family dwellings. Mr. Salachi then stated that he just telephoned somebody who knew the McCoy's, and during the period of 1984 -1987 the McCoy family lived downstairs and a cousin lived upstairs. The hearing closed at 8:30 P.M. Mr. Wojtkiewicz asked Thomas McDonald (Mansfield Oil) to approach the Board and explained that he is in front of the Board for a second time as he was denied a building permit because the Building Inspector felt his hearing was misadvertised. The advertisement mentioned an office trailer, but he was actually building a garage. The Board in general thought it was a technicality, and a motion was made by Mr. Clemmey and seconded by Mr. Wojtkiewicz to write a letter to the Building Inspector urging him to issue a building permit to Mr. McDonald. Unanimously granted. Mr. Wojtkiewicz suggested that Mr. McDonald prepare another application in case he has to go through the variance procedure again (news ad, hearing, decision, etc). A motion was made by Mr. Clemmey and seconded by Dr. Sohn to waive the application fee. Unanimously voted. Minutes of December 3, 1991 Page 4 of 5 The minutes of November 19, 1991, were approved with minor revisions. A motion was made by Mr. Butler and seconded by Mrs. Cotton to grant a variance to Thomas and Elaine Borroni. Unanimously granted. A motion was made by Mrs. Cotton and seconded by Mr. Butler to grant a variance to David and Beth Bruno Oberlander. Mr. Wojtkiewicz felt the applicants showed overwhelming evidence and demonstrated to the best of their ability that the house has always been used as a two - family. Unanimously granted. The tabled decision of the Quigley /Cardelli application was discussed. The Board received copies of correspondence from the various Town Departments (Building, Planning, etc.). Mrs. Cotton asked where all the previous plans /revisions were and felt the traffic lights /safety issue had not been met. Mr. Clemmey noted the correspondence did not include anything from conservation /wetlands. Mr. Quigley explained that if the Zoning Board grants the variance, they still have to appear before the Selectmen, Conservation, and State Fire Marshall. Mr. Bragdon noted that Cardelli's lot is across the street from the water supply protection district and it is not in the same zone. Mr. Wojtkiewicz read into the record the Planning Board's most recent letter regarding the Quigley /Cardelli application dated November 26, 1991. Mr. Quigley submitted a new Plan of Land (Revision 6) including the square footage layout and the elimination of the rear addition. Mr. Clemmey stated the Board should not discuss the new Plan of Land without abutters being present. Dr. Sohn agreed with Mr. Clemmey and felt the first hearing on November 19 should not have been closed. Mr. Wojtkiewicz felt there is no reason for abutters to be present as the Board is reopening the case to hypothesize and look at options. Mr. Wojtkiewicz proposed to go along with new Plan of Land but eliminate one gas island, thus reducing the size of the canopy. Mr. Clemmey noted that the Library and Council on Aging have called him with opposition to the trucks entering on Hope Street. Mr. Butler noted that the convenience store is not expanding because the space is already there. Mr. Butler felt the second gas island will fuel cars more efficiently, but Mrs. Cotton felt that it would create more congestion and traffic to the neighborhood. Mr. Cardelli stated he would like to withdraw his application felt there is a conflict of interest as Mr. Clemmey is in the same business. Mr. Quigley stated that they need the second island and it would not make sense economically to redo the and gas l Minutes of December 3, 1991 Page 5 of 5 station without it. Mr. Cardelli felt that the revised Plan of Land reflects all requests of the Board. Mr. Clemmey wished it noted for the record that he is not in the same business as Mr. Cardelli as he sells automobiles, automobile parts, and operates an auto body business. Mr. Quigley spoke to Mr. Cardelli in private and then stated that they will go forward with their application based upon the original Plan of Land (Revision 5) and asked that the Board vote on same. A motion was made by Dr. Sohn and seconded by Mr. Butler to grant a variance to Franklin Quigley /Enzo Cardelli and approve Revision 5 with the corrections of Revision 6. The Board also stated that the variance should include conditions of only 330 square feet of convenience store space and the removal of the outside storage containers. Dr. Sohn, Mr. Butler, and Mrs. Cotton voted to grant the variance, and Mr. Clemmey voted to deny the variance. Mr. Clemmey felt that no hardship has been determined, the property is within water supply protection, there is a safety concerned relative to the public and traffic flow, and the proposal does not conform to the Master Plan and substantially derogates from the intent of the Zoning By -Law. Mr. Wojtkiewicz stated that he was not ready to vote. The vote is continued until the next hearing on December 17, 1991. It was noted that the annual appointments of the members of the Zoning Board of Appeals are in the interview process, and Dr. Sohn and Mrs. Cotton applied for reappointment. A motion was made by Mr. Butler and seconded by Mr. Secher to have the Zoning Board of Appeals send a letter to the Selectmen affirming the recommendation to reappoint Dr. Sohn and Mrs. Cotton. Mr. Wojtkiewicz, Mr. Butler, Mr. Secher, and Mr. DeTrolio voted to grant the motion, and Mr. Clemmey abstained. Motion granted. The meeting adjourned at 10:50 P.M. Respectfully submitted, Mary Lou Cotton Clerk Next Meeting December 17, 1991