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HomeMy WebLinkAboutZBA_01071992ZONING BOARD OF APPEALS MINUTES 1 t, C� January 7, 1992 p�L T 6"k-bard of Appeals held its regular meeting in the Town Hall, fVi�hifield, MA, at 7:30 P.M. Present at the hearing were the oIlowing members: George Wojtkiewicz, Chairman; Mary -Lou Cotton, Clerk; Karl Clemmey; Eric Butler; Leonard Flynn; Peter DeTrolio and Richard Secher, Associate Members. The hearing on the application of Peter Souza for a Variance from Section 4 Schedule 4.2.1 of the Zoning By -Law to construct an addition to an existing, nonconforming structure at 272 Pratt Street with less than the required minimum front yard setback in the R -2 Zone began at 7:30 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of Land dated August 16, 1991, prepared by Ralph I. Maloon as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the record in which they suggest that the Zoning Board of Appeals hold a determination /finding public hearing for this application as they question the need for a variance. Mr. DeTrolio was appointed as a voting member for this hearing in place of Mr. Butler. Mr. Wojtkiewicz asked the applicant if he read the guidelines for seeking a variance and asked him to explain his hardship, reading from the By -Law the section pertaining to hardship. Peter Souza stated that his house is a small two - bedroom house and he has a lack of living space. He explained that his existing house, which was built in the 19301s, is nonconforming with respect to front -yard setback, and that the proposed addition would conform to all setback requirements in the existing By -Law. Mrs. Cotton asked if the proposed addition would be a family room, and Mr. Souza replied yes. Mr. Clemmey asked Mr. Souza why he was seeking a variance, and Mr. Souza explained that he was denied a building permit. Mr. Wojtkiewicz asked if the roof line of the proposed addition would be higher than the roof line of the existing house, and Mr. Souza replied no. No abutters were present. The hearing closed at 7:40 P.M. A motion was made by Mr. Clemmey and seconded by Mrs. Cotton to grant a variance to Peter Souza. Mr. Clemmey questioned the Planning Board's suggestion. Mr. Wojtkiewicz explained that technically Mr. Souza needs a variance, even though it is the existing structure that is nonconforming. It was decided that the Zoning Board of Appeals invite Bert Cook to a hearing sometime soon to discuss determination /findings and special permits. Unanimously granted. c Minutes of January 7, 1992 Page 2 of 5 The minutes of December 17 and December 23, 1991, were approved. The hearing on the application of Thomas F. McDonald Sr. for a variance from Section 4 Schedule 4.2.2 of the Zoning By -Law to replace an existing office trailer with a 301x30' garage /office at 945 East Street (Mansfield Oil) with less than the required minimum side yard setback in the B -3 Zone began at 7:50 P.M. The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B "; and a Plan of Land dated May 5, 1990, and revised December 9, 1991, prepared by Triangle Engineering of Providence, RI, as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the record in which they voted four in favor with one abstention not to send a recommendation on this application as they are in receipt of a special permit application for the subject parcel of land. Mr. Wojtkiewicz asked Mr. McDonald if he applied for a special permit with the Planning Board, and Mr. McDonald replied yes. Mr. Wojtkiewicz determined that a special permit from the Planning Board is necessary in the Site /Plan approval process. Mr. Wojtkiewicz gave a history of Mr. McDonald's application, explaining that he applied for a variance in May of 1991 and was granted one, but the Building Inspector denied him a building permit because he felt his hearing was misadvertised, mentioning an office trailer and not a garage /office. The Zoning Board of Appeals then wrote a letter to the Building Inspector urging him to issue a building permit to Mr. McDonald, but the Building Inspector would not. Mr. McDonald reapplied for a variance and it was advertised that he was seeking a variance to replace an existing office trailer with a 301x30' garage /office. Mr. Wojtkiewicz then noted that Mr. McDonald's previous application proposed a 201x30' garage /office, and that now he was proposing a 301x30' garage /office. Mr. McDonald explained that a 201x30' garage /office would be too small as the office would only be 4 feet wide. Because of stringent regulations, he is required to retain a large amount of paperwork and he needs a bigger office than first proposed. Mr. McDonald further explained that the expanded 10' of the proposed garage would not be constructed any closer to wetlands, but rather closer to the center of his property. Mr. Wojtkiewicz asked Mr. McDonald to clarify that the only change the Board is dealing with is the proposed office /garage and its expansion from 201x30' to 301x301, and Mr. McDonald replied yes. Mr. Butler asked how many bays would be included in the garage, and Mr. McDonald replied one for his one truck. Mr. McDonald explained that the office would now be 10' wide, and that there J will be room in the garage for storage of burner parts. Mr. Butler asked Mr. McDonald why he didn't realize he needed Minutes of January 7, 1992 Page 3 of 5 more office space before. Mr. McDonald explained that there needs to be a two -foot section of wall on each side of the garage door, which cut his office space down to 4 feet wide, and he thought that the garage door could be flush against the side of the building. Mr. Flynn asked Mr. McDonald when the lot was subdivided as his research indicated that the lot was never subdivided. Mr. McDonald explained that it used to be one lot and he leased part of the lot. Mr. Wojtkiewicz recollected that as part of Mr. and Mrs. McDonald's divorce settlement, the judge sent a letter to the Board recommending that the lot be subdivided and a variance was granted. Mr. Flynn asked Mr. McDonald why he proposed to construct the garage so close to the side property line (2 feet). Mr. McDonald explained that the placement of the concrete pad, water /oil separator, and catch basin needs to be directly in front of the proposed garage door. Mr. Flynn suggested constructing the garage narrower and deeper, 20'x40', placing it 10 feet away from the side property line. Mr. McDonald explained that it would be constructed closer to wetlands. Mr. Clemmey asked if the proposed garage is the same dimensions as the existing office trailer, and Mr. McDonald replied yes. Mr. McDonald explained that there is a wall, trees, and screening along the side property line between his lot and the abutting cemetery. Mr. DeTrolio stated that Mr. McDonald has his tanks positioned and if he changes the placement of the proposed garage, it might make it difficult to back his truck into the garage as the turning radius would be decreased. Mr. Secher asked Mr. McDonald if it would be more difficult to get his truck into the garage if the placement of the garage is changed, and Mr. McDonald replied yes. Mrs. Cotton then read into the record the conditions from Mr. McDonald's decision dated June 6, 1991. No abutters were present. The hearing closed at 8:25 P.M. A motion was made by Mr. Clemmey and seconded by Mrs. Cotton to grant a variance to Thomas F. McDonald with conditions. Mr. Clemmey felt that Mr. McDonald and his engineer satisfactorily went through extensive questioning during his first hearing in May of 1991. Unanimously granted. The tabled decision of Leo and Joanne Scally was discussed. Mr. Scally presented to the Board a revised Plan of Land which included the attachment of the proposed garage to the existing structure, boulder location, and front setback. Mr. Wojtkiewicz explained that because the front setback is less than the Minutes of January 7, 1992 Page 4 of 5 required 40 feet in the R -1 Zone, there could be a problem obtaining a building permit as the hearing was not advertised correctly. Mr. Wojtkiewicz suggested that Mr. Scaly withdraw his application without prejudice and resubmit a new application with the correct Plan of Land in order for his hearing to be advertised correctly. Mrs. Scally submitted a letter to the Board withdrawing their application. A motion was made by Mr. DeTrolio and seconded by Mrs. Cotton to waive the application fee for Mr. and Mrs. Scally. Mr. DeTrolio, Mrs. Cotton, Mr. Butler, and Mr. Flynn voted in favor of the motion, and Mr. Wojtkiewicz voted against the motion. Motion granted; fee waived. Mr. Wojtkiewicz introduced and welcomed Dick Lewis from Conservation to the Board and explained that Mr. Lewis will be devoting 25 percent of his time to help the Zoning Board of Appeals with its administrative needs. Mr. Wojtkiewicz read the scope of his involvement. 1. Attend the meetings of the Board. 2. Be familiar with Chapter 40A, the Zoning By -Law, relevant laws, and court cases. 3. Review incoming applications to insure that all required information and plans are submitted. 4. Review work of the Board's secretary relative to hearing notices, decisions, and pertinent correspondence. 5. Correspond and communicate with applicants and town boards and staff, especially the Planning Board and the Director of Planning and development. 6. Interact with Town Counsel on complex applications and any potential litigation. 7. Draft decisions for review by the Board. 8. Review sites prior to public hearings. Mr. Wojtkiewicz asked Mr. Lewis to research the Conflict of Interest Laws. Mr. Clemmey suggested moving all Zoning Board of Appeals file cabinets to the Conservation office for convenience. This suggestion will be discussed with Judy Scott. The method of filing a variance application will also be discussed with Judy Scott, as it was suggested that all applications be submitted to Mr. Lewis first before it is dated. Mr,. Wojtkiewicz explained that if any Board members have any questions, need any information, or need to secure anything from Mr. Lewis, they must first speak to the Chairman. Mr. Wojtkiewicz asked Mr. Lewis to work with Mrs. Cotton and Terri Shaw on rewriting the application and notice of variance forms as well as a boiler -plate decision and other formats. f Mr. Butler commented on the amount of involvement the Board is asking from Mr. Lewis and asked him for an estimate of his hours. Minutes of January 7, 1992 Page 5 of 5 Mr. Lewis agreed that the list is lengthy, but proposes to spend approximately 10 hours a week working for the Board. Mr. Lewis explained that if there are time crunches during some weeks, he will set aside the smaller projects and work on the bigger ones. Mr. Lewis requested a copy of the guidebook used by the Board's Administrative Assistant. The meeting adjourned at 9:20 P.M. Respectfully submitted, Mary -Lou Cotton Clerk Next meeting January 21, 1992