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HomeMy WebLinkAboutZBA_03171992RECEI'aED ZONING BOARD OF APPEALsT0'.'•'H 0' MINUTES 92 APR 28 PH 3: 18 March 17, 1992 tr1,,J14SFIELQ HASSACHU L-(TS 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; Eric Butler; Leonard Flynn; Peter DeTrolio, Associate Member; Richard Lewis, the Zoning Board of Appeal's advisor. The hearing on the application of Jean Chintalan for a Variance from Section 4 Schedule 4.2.1 of the Zoning By -Law to construct an addition to an existing, non - conforming structure at 104 Mill Street with less than the required minimum front and side yard setbacks, frontage, and lot area in the R -1 Zone began at 7:35 P.M. Mr. DeTrolio was appointed as a voting member for this hearing in place of Mr. Clemmey. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Plan of Land dated 2/14/92 prepared by Hutchins - Trowbridge Associates, Inc., of Mansfield, MA, as Exhibit "C "; and a hand -drawn rendition of addition prepared by Ms. Chintalan's builder as Exhibit "D ". Mrs. Cotton read a letter from the Planning Board into the record. With six members present they voted unanimously to send a positive recommendation on the application. Jean Chintalan explained that her existing house is small, only a two - bedroom, that she has lived in her house since 1973, and needs more room and wants to make the house larger. Mr. Butler asked when the house was built, and Ms. Chintalan replied in 1955 or 1957. Mr. Butler stated that the addition is not non- conforming, only the existing house is. Mr. Flynn questioned the lot size at 13,000 square feet, asking how the house was built since Zoning was already established. Ms. Chintalan explained that it was part of a duck farm. An abutter, Joseph Gonzalves of 137 Mill Street, explained that when the duck farm went broke, the property was split into parcels of 15,000 square feet up to the river and smaller parcels after the river. Mr. Gonzalves stated that the house may have been built before 1955. Mr. Wojtkiewicz asked if the entire addition is in back of the house, and Ms. Chintalan replied yes. Mr. Gonzalves spoke in favor of Ms. Chintalan's proposed addition and stated that she is a good neighbor, has done an excellent job with the property, and felt that the addition wouldn't hurt anybody. The hearing closed at 7:45 P.M. Mr. Wojtkiewicz gave a brief history of David and Barbara Conley's hearing which took place on February 18, 1992. He explained that Diane Hinchey, the Conley's daughter, subsequently wrote a letter as she felt not all facts were presented at that Minutes of March 17, 1992 Page 2 of 3 �. time. The letter was not read at the meeting of March 3, 1992, as not all Board members were present, and the Hinchey's were asked to appear before the Board again on March 17, 1992. Mr. Wojtkiewicz stated that the consensus of the Board is not to entertain or discuss the contents of the letter after the hearing was closed. Mr. Flynn stated that he objects to the letter being discussed as it may set a dangerous precedent. Mike Hinchey stated that he also feels it would be improper to discuss the letter and has subsequently sent another letter to -- - - -- the Board requesting- that - the letter riot be- discussed as -they---- - wish to resubmit the application in order to properly present the new evidence. Mr. Wojtkiewicz asked if they plan to resubmit essentially the same application. Mr. Hinchey explained that in theory the application will be the same but will include new evidence. Mr. Flynn explained that unless they submit a Plan that is substantially different, which would have to be submitted to the Planning Board, they must wait two years. Mr. Hinchey explained that they cannot change the Plan on paper unless they change the square footage of the subdivision which he feels will substantially derogate from the By -Laws and will have more of a negative effect. Mr. Wojtkiewicz explained that the Hinchey's have one other recourse -- to appeal the decision of the zoning Board. Mr. Flynn stated that they could also submit an application to the Planning Board to develop the land differently as a residential compound. Mr. Hinchey felt that developing the land in that manner would be more detrimental to the neighborhood. Mr. Wojtkiewicz read the law under Chapter 40A relating to the two -year rule. it was determined that the changes to the Plan must be specific and material -- changes that would occur on paper. Mr. Hinchey stated that he has not yet received notification from the Board and does not know all the facts as to why the variance was denied. Mr. Wojtkiewicz suggested that they wait until they receive the Decision of the Board and after reviewing the Decision they have three options: wait two years and resubmit the application, appeal the Decision to the Superior Court, or go to the Planning Board and ask for a recommendation to rehear a different application. Lawrence Mahoney, Jr., of 50 Hope Street, appeared before the Board to discuss selling his house with in -law apartment. Mr. Wojtkiewicz suggested that his recourse is to appear before the Planning Board to discuss the circumstances. A motion was made by Mr. Butler and seconded by Mrs. Cotton to grant a variance to Jean Chintalan. Mr. Butler stated that the applicant should be granted a special permit instead of a variance because special permits do not require a hardship and Minutes of March 17, 1992 Page 3 of 3 the proposed expansion of the non - conforming structure would be in and of itself conforming. Discussions took place about variances, special permits, and determinations /findings, and the consensus was that this application should be acted on as a special permit. Mr. Wojtkiewicz suggested that Mr. Lewis, Mrs. Cotton, and Terri Shaw review applications and advertise correctly those which require a determination /finding as opposed to a variance. Mr. Butler felt that nothing is wrong with the proposed addition as it conforms to the By -Laws; it is the original house that is non - conforming. Unanimously granted. The minutes of March 3, 1992, were approved. Mr. Wojtkiewicz stated that Terri Shaw has resigned as Administrative Assistant for the zoning Board of Appeals as she has accepted a full -time position. The Board is in the process of accepting new applications which Mrs. Cotton and Terri Shaw will screen before the interview process. The meeting adjourned at 8:45 P.M. Respectfully submitted, Mary -Lou Cotton, Clerk Next meeting April 21, 1992 (There will be no meeting April 7, 1992)