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HomeMy WebLinkAboutZBA_04211992ZONING BOARD OF APPEALS MINUTES APRIL 21, 1992 92 AY 20 P111 1:1,9 ;C I ,ET1 The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA, at 7:40 P.M. Present at the hearing were the following members: George Wojtkiewicz, Chairman; Mary-Lou Cotton, Clerk; Leonard Flynn; Karl Clemmey; Richard Secher, Associate Member. The hearing on the application of John and Jean Barrett for a variance from Section 4, Schedule 4.2.2 of the Zoning By -Law, to construct a conforming addition to an existing, non - conforming structure at 41 Benefit Street with less than the required minimum front yard setback in the R -3 Zone began at 7:40 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Plan of Land dated March 11, 1992 prepared by Rim Engineering Co., Inc.,of Mansfield, MA, as Exhibit C; and several other hand drawn renditions of the proposed addition 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 this application and suggested that this application may require a finding rather than a variance, but strongly supported the approval of the plan. Mr. Secher was appointed as a voting member for this hearing in place of Eric Butler. Mr. Wojtkiewicz asked Mr. Barrett to explain his hardship. Mr. Barrett explained that his 88 year old mother is in failing health. She can no longer be left alone and is coming to live with him. All of his bedrooms are on the second floor and she needs to be on the first floor. He plans to build a first floor bedroom with a bath for her. Mr. Wojtkiewicz explained that the existing house does not have enough front yard setback. Mr. Clemmey asked if the house is on town sewer and Mr. Barrett said yes. It was discussed whether a variance was necessary as the proposed addition would conform to all setbacks and by -laws. Mr. Flynn suggested that since they had already applied for a variance, it would be to their advantage to seek a variance as opposed to a special permit. Mr. Eckhart, an abutter at 13 James Street, was concerned about how close the addition would come to his property line. Mr. Flynn assured him that Mr. Barrett conforms to the Zoning By -laws. The hearing closed at 7:50 P.M. The hearing on the application of Dorothy Stowe and Marion Muller for a variance from Section 1.5.17a and Section 4 Schedule 4.2.1 of the Zoning By -Law to 2 of 3 Minutes of April 21, 1992 resubdivide parcels of land at 221 and 223 East Street with less than the required frontage, lot area, lot width and to construct an addition to an existing, non - conforming structure with less than the required side yard setback on one of the proposed lots in the R -1 Zone began at 7:50 P.M. Mrs. Cotton read a letter from the Planning Board into the record. With seven members present they voted unanimously to send a positive recommendation on the application. A variance may not be required because it predates 1975. Mr. Secher was appointed as a voting member for this hearing in plane of Eric Butler. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of Land dated March 11, 1992 prepared by Frederick Lapham 11I, P.L.S., Mansfield, MA as Exhibit "C ". Mrs. Muller explained that her mother is Dorothy Stowe and her father built both houses and made a mistake with the land. Fred Upham, Mrs. Muller's land surveyor, explained the plan of land in detail. He further explained that Mrs. Stowe's land surrounds Mrs. Muller's on three sides and a portion of that land cuts across Mrs. Muller's patio. They intend to swap land to straighten out the plot. Lot IA would be conveyed to Mrs. Stowe and Lot 2A to Mrs. Muller. The other aspect would be to build a garage on Mrs. Muller's lot. Mr. Clemmey questioned a piece of land 5 feet in diameter, a right of way. Mr. Latham assured him that the right of way was already incorporated into the plan. Mrs. Cotton read into the record letters from abutters which were all in favor of the proposed resubdivision and construction. Also Harold Bell, an abutter at 226 East Street, stated he was in favor. It was discussed whether one variance/decision could be filed with two separate deeds. The consensus was to file one decision with two deeds. Mr. Wojtkiewicz suggested creating two seperate decisions but all other members agreed to create one decision and file it with two new deeds. The hearing closed at 8:10 P.M. A motion was made by Mrs. Cotton and seconded by Mr, Secher to grant a variance to the John and Jean Barrett. Unanimously granted. A motion was made by Mr. Clemmey and seconded by Mrs. Cotton to grant a variance to Marion Muller and Dorothy Stowe. It was decided by everyone to file one decision. Unanimously granted. 3 of 3 Minutes of April 21, 1992 Mr. Wojtkiewicz suggested Mrs. Muller talk to her attorney immediately and make sure the deeds will be recorded correctly with one variance. If there are any problems, Mrs. Muller should contact the ZBA. The minutes of March 17, 1992 were approved with a minor revision. Mrs. Cotton suggested that Mr. Lewis should not be listed as Conservation Committee but rather as Zoning Board of Appeals Advisor. Mr. Wojtkiewicz brought up the Fee Increase on the Applications. A memo was sent to Judy Scott, Town Clerk, to collect a total of $165.00. Mr. Wojtkiewicz asked all members if they would like to receive copies of the notice entitled Executive Office of Communities & Development, Land Use Manager that is received monthly. All members said yes. The meeting adjourned at 8:30 P.M. Respectfully submitted, Mary-Lou Cotton Clerk NEXT MEETING MAY 5, 1992