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HomeMy WebLinkAboutZBA_12171991RECEIVED ZONING BOARD OF APPEALS TOWN Of �� .S IE D ` MINUTES 92 JAN -9 AN 10: 06 l MANsHaD December 17, 1991 MASSACHUSETTS 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; Eric Butler; Peter DeTrolio, Associate Member. The hearing on the application of Leo and Joanne Scally for a Variance from Section 4 Schedule 4.2.1 of the Zoning By -Law to construct a one -car garage with family room over to an existing structure at 5 Hartford Road with less than the required minimum side yard setback in the 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 November 1, 1991, prepared by Joseph M. Campbell P.E. of Randolph, MA, as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the record which stated they are unable to make a recommendation. Due to the poor quality of the Plan of Land, they are unable to tell if the proposed structure is attached to the existing structure or the location of the ledge. Mr. DeTrolio was appointed as a voting member for this hearing in place of Dr. Sohn. Mr. Wojtkiewicz asked if the proposed garage would be attached, and Leo Scally replied yes. Mr. Butler asked why the Plan of Land includes a four foot space between the house and the proposed garage, and Mr. Scally explained that there is four feet of foundation. Mr. Wojtkiewicz asked why the Plan of Land does not show the proposed garage attached to the house, and Mr. Scally stated it is an error in the Plan. Mr. Clemmey noted that the Plan needs more dimensions and details, such as front, side, and rear setbacks, square footage, a block for Zoning Board signatures, and a label stating it is in the R -1 Zone. Mr. Scally then presented to the Board a more - detailed Plan of Land, which showed a front setback of 35 feet. Mr. Wojtkiewicz read the grounds for seeking a variance from the application. Mr. Scally added that the proposed garage cannot be placed against the rear of his house because there is buried rock ledge in that location. Mr. Scally further explained that the existing house, a garrison colonial, has a two -car garage under, so he cannot attach the proposed garage on that side. If he attached the proposed garage on the other side, he would have to add a second driveway. Mr. Wojtkiewicz asked who wrote in the 35 -foot front setback, and Mr. Scally replied his engineer. It was then noted that his application is not complete as he also C needs a variance for less than the required minimum front setback of 40 feet. Mr. Wojtkiewicz asked when the house was built, and Minutes of December 17, 1991 r Page 2 of 3 Mr. Scally replied in 1984 or 1985. Mr. Wojtkiewicz then asked what the minimum front -yard setback was at that time, but it could not be determined. An abutter, Ed Valanzola of 3 Langley Drive, stated he is in favor of the proposal. Mr. Valanzola explained that Mr. Scally is seeking a variance for the side -yard setback but that the distance from the proposed garage to the neighbor's house is greater than anybody else's in the neighborhood. He noted that power lines are at the side and rear of Mr. Scally's property. Mr. Valanzola suggested that if there are any other problems, such as front setback, they should be addressed at a later date. Mr. Wojtkiewicz suggested Mr. Scally take back his Plan of Land and make corrections as follows: (1) indicate the location of boulders buried in the back of the house; (2) include the location of the attachment of proposed garage to existing structure; and (3) have surveyor check the front setback. If the 35 feet is an error, it should be corrected on the Plan; if it is not an error, the front setback at the time the house was built should be verified with the Zoning By -Laws which existed at that time. Mrs. Cotton suggested to vote on the application and correct the ( Plan as discussed. Mr. DeTrolio made a motion to grant a variance with corrections, but it was not seconded. A motion was made by Mr. Wojtkiewicz and seconded by Mr. Clemmey recommending that Mr. Scally take back his Plan, make the necessary changes, and vote on it at the next hearing on January 7, 1992. At that time, the applicant will submit five copies of a new Plan of Land including (1) the location of the boulders, (2) the connection between the proposed garage and existing structure, (3) front setback, (4) square footage, (5) R -1 Zone label, and (6) box with five lines for Zoning Board of Appeals signatures. The hearing closed at 8:15 P.M. Mr. Wojtkiewicz voted in favor of granting a variance to Quigley /Cardelli, completing the vote taken on December 3, 1991. Mr. Wojtkiewicz stated that he would speak to Town Counsel to help in writing the decision. Mr. Wojtkiewicz then requested that Mr. Butler start writing conditions of the decision. Mr. Clemmey stated that Dr. Sohn who made the motion to grant the variance on December 3, 1991, was not present and that Dr. Sohn may have stipulations /conditions he wants to include in the decision. Mr. Wojtkiewicz stated that he would get a ruling from Town Counsel on whether Dr. Sohn should be present when discussing conditions. Mr. DeTrolio called Dr. Sohn to request his presence to discuss the conditions, but could not reach him. An abutter of the service station stated that snow removal is a problem as Mr. Cardelli has plowed the snow from his lot onto the Minutes of December 17, 1991 Page 3 of 3 corner of Hope and Pratt Streets, obstructing the view of cars exiting off of Hope Street onto Pratt Street. The conditions were listed as: (1) hours of operation to be from 7:00 A.M. to 10:00 P.M., (2) signage will not be illuminated past the hours of operation, (3) storage to be within the existing building, (4) use /dedication of space inside to be as shown on the Plan of Land labeled Revision 6, (5) snack area not to exceed 330 square feet, (6) limit snack items to what is being sold now, (7) doors should be shown on Plan of Land in correct area, (8) snow removal cannot be placed on corner of Hope and Pratt Streets, and (9) signage for truck traffic flow to be placed on lot (Do Not Enter sign on Pratt Street entrance). Mr. Wojtkiewicz suggested drafting a decision with conditions and meeting on Monday night, December 23, 1991, at 7:30 P.M., with Dr. Sohn and members who voted to grant the variance to review the decision. Mr. Wojtkiewicz stated that he will ask Town Counsel how to proceed if Dr. Sohn will not attend the meeting on December 23, 1991. Mr. Clemmey made a motion to table the decision until the meeting on December 23 with everybody present, but the motion was not seconded. Mr. Clemmey then requested that Mr. Wojtkiewicz ask Town Counsel if he can be present at the December 23 meeting even though he voted to deny the variance. The minutes of December 3, 1991, were approved with minor revisions. The meeting adjourned at 9:35 P.M. Respectfully submitted, Mary -Lou Cotton. Clerk Next meeting December 23, 1991 Next regular meeting January 7, 1992