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HomeMy WebLinkAboutZBA_06161992ZONING BOARD OF APPEALS June 16, 1992 U b -1 c Fo REC`- I'.'EIl 92 JUL 13 All 9: 04 fl-it • r 7 J'' C i,i�U, C ET 1 S 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; Karl Clemmey; Eric Butler; Richard Secher, Associate Member; Peter DeTrolio, Associate Member and Richard Lewis, Zoning Board of Appeals Advisor. Mr. Peter DeTrolio was appointed as a voting member for this hearing in place of Leonard Flynn. The hearing on the application of Richard and Suzanne Charbonnier for a variance from Section 4, Schedule 4.2.1 of the Zoning By -Law, to construct a non - conforming addition to an existing, non - conforming structure at 21 Newton Street with less than the required frontage and rear yard setbacks 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 May 5, 1992 prepared by Hutchins- Trowbridge Associates, Inc., of Mansfield, MA, as Exhibit "C ". 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 for the variance for rear yard setback. However, the Planning Board is of the opinion that no variance is needed for frontage because the applicant has ninety (90') feet of frontage and only eighty (80') feet is required in the R -3 Zone. Attorney Edward Valenzola of Mansfield, MA, introduced himself as the attorney representing Mr. Charbonnier. Mr. Wojtkiewicz asked Mr. Valenzola to explain the hardship. Mr. Valenzola explained that the requested addition will be located directly behind the house. The home is a 90 year old, two -story colonial. The addition, which will be 17' x 22', is to be a bedroom, bathroom and closet with a full basement. The addition is to be built for Mr. Charbonnier's 76 year old mother -in -law who uses a walker. The addition will also have a wheelchair access. The addition will have no kitchen, so it cannot be used for an apartment or in -law apartment in the future. The backyard has a rear buffer of hedges. Mr. Wojtkiewicz asked if any thought was given to placing the 17' x 22 addition horizontally, instead of vertically, to be less intrusion for the rear yard. Minutes of June 16, 1992 Page 2 of 4 Mr. Valenzola explained that in the architect's opinion it would be best suited and less costly to be placed vertically and also did not want the addition to be too close to the garage. The hearing closed at 7 :50 P.M. The hearing on the application of Dana Colby to obtain a variance from Section 4, Schedule 4.2.1 of the Zoning By -Law, for an existing non - conforming structure at 14 Cavan Crossing with less than the required minimum sideyard setback n the R -1 Zone began at 7:50 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Plan of Land dated May 5, 1992 prepared by Hutchins - Trowbridge Associates, Inc., of Mansfield, MA, as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the record. With six members present they voted unanimously to send a negative recommendation on the application for the variance because it is of the Planning Board's opinion that the applicant has created his own hardship. The Planning Board suggested that the applicant work with his neighbor to straighten out the lot line by submitting a Form A plan. Mr. Michael Trowbridge of Hutchins - Trowbridge Associates, Inc. introduced himself. Attorney Edward Valenzola introduced himself as the attorney representing the applicant, Dana Colby. Mr. Wojtkiewicz asked them to explain the hardship. Mr. Trowbridge explained that there were two different sets of plans. The normal procedure is for Drown Environmental to draw up the septic plans and the house location. Hutchins- Trowbridge then stakes out the foundation. When Mr. Trowbridge received the plans he realized that the house location was too close to Kerry Drive. He informed Drown that the plan would have to be changed because it did not conform to the town setback of 40 feet for a corner lot. When that plan was revised Mr. Colby never received a revised copy. During the signing of the Purchase and Sale Agreement, the prospective buyer requested the builder, Mr. Colby, to enlarge the house by 6' and slide it toward the property line. The original plan indicated there was 44 feet. Mr. Colby believed he was still well within the requirements and made the changes. The rear corner of the structure does conform. The front comer is a foot too close to the setback, it is 24 feet. The furthest encroachment is the chimney which is 21.8 feet. Mr. Colby has tried to approach the neighbor, Mr. Faherty, but could not reach an equitable solution. Mr. Wojtkiewicz asked why Mr. Colby never received a revised plan. Minutes of June 16, 1992 Page 3 of 4 Mr. Trowbridge explained that when the new plans were completed they were submitted directly to the Board of Health. Drown Environmental assumed Mr. Colby would get the new plans directly from the Board of Health. The problem was not discovered until Hutchins - Trowbridge drew the new plans on May 5, 1992. Mr. Faherty, the abutter directly next to the lot in question, was approached by Mr. Colby to relocate his property line. His concern was that if and when he builds a garage in the future, he doesn't want to have a problem with his property line. Attorney Valenzola explained that Mr. Colby tried to work the problem out with the abutter, but they could not reach an agreement. There was a reasonable effort made to solve this problem. Mr. Richard Franklin introduced himself as the proposed buyer of this property. He was scheduled to pass papers last Friday, but did not find out about this problem until the bank surveyed the property for his mortgage. He has three small children; has sold his other home; and if the variance is not granted he has to find another home very soon. He feels he has a major hardship. He requested that if this variance is granted, he would like it to be expedited. He has a commitment from the bank that runs out at the end of July. The hearing closed at 8:20 P.M. A motion was made by Mrs. Cotton and seconded by Mr. Clemmey to grant a variance to Mr. and Mrs. Charbonnier. Unanimously granted. It is felt that it is a clear -cut case. There is no kitchen, so there could be no apartment. The restriction is that it will be a one -story building. A motion was made by Mr. Clemmey and seconded by Mr. Butler to grant a variance to Dana Colby. Unanimously granted. They proved a hardship and it is not detrimental to the neighborhood. The Minutes of June 2, 1992 have revisions. The Board granted a variance to Sheila Ristaino at 971 West Street. This variance was for a house to be built that is 24' x 65' feet long. The Board approved this variance. She now wants to sell the land to a builder from Attleboro. The builder, Glen Jaros, has a client who wants to build a smaller house in the exact location. However, when Mr. Jaros went to the Building Inspector to get a permit to build the house, Mr. Cook said that the foundation plan that you want to build is not 24' x 65 feet, it is smaller. Since you are changing what was approved by the Zoning Board, I will not issue you a building permit. The Zoning Board is requested to write a letter to Bert Cook stating it would be the intent of the Board to allow a lesser building than the one that was originally granted a variance. They originally had 30,000 feet for lot area, when zoning changed to 45,000 feet, they had to apply for a variance. Minutes of June 16, 1992 Page 4 of 4 The variance was for minimun lot width. The owner had planned to build a house on the lot but have since decided to sell the lot instead. Fred Upham, Registered Land Surveyor, introduced himself. The new plans were for a house only 36 feet in width, a smaller home than the original plan showed. Mr. Wojtkiewicz suggested that the Board direct the Clerk to send Mr. Cook a letter saying that if the house fits within those plans that the Board has no problem. Richard Lewis should draft a letter and have the Board members sign it. Motion to send Mr. Cook a letter was made by Mr. Butler and seconded by Mrs. Cotton. The letter will be left at the police station with the decisions to be signed. Mrs. Cotton read a letter into the record from First Christian Church to waive the application fee. Mr. Clemmey made a motion to grant the waiver of fee. It was not seconded. It was felt that since they are tax exempt from everything, and the Board has never waived a fee for any other organization, they should have to pay the fee. A motion was made by Mr. DeTrolio that the Church pays the fee. The motion was seconded by Mr. Secher. The vote was 4 -1 in favor. Mr. Clemmey voted against it. Mr. Lewis should draft a letter to First Christian Church denying them the waived fee. Mr. Wojtkiewicz requested having a meeting with Mary-Lou Cotton, Richard Lewis and Karen Lawlor within the next few weeks to start working on several things; a redesign of the application and also a redesign of the decisions. The applications have not been updated since 1953. Mr. Butler mentioned non - conforming structure. It was felt that Bert Cook should be invited to one of the Board's meetings to discuss issuance of permits for non- conforming structures. Mr. Wojtkiewicz asked Richard Lewis to work with Shaun Burke regarding drafting an amendment to the By -Law. Mr. Wojtkiewicz requested Bert Cook be put on one of the agenda for August to discuss the matter of non - conforming structures and updating of the By -Laws. The meeting adjourned at 9:15 P.M. Respectfully submitted, Mary -Lou Cotton Clerk