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