Loading...
HomeMy WebLinkAboutZBA_07071992ZONING BOARD OF APPEALS July 7, 1992 7 kAq T f, 1fC `v,0 92 SEP I 0 fii l 9:51 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 Wojtldewicz, Chairman; Leonard Flynn; Karl Clemmey; and Peter DeTrolio, Associate Member. Mr. Leonard Flynn was appointed as Acting Clerk for this hearing in place of Mary - Lou Cotton. Mr. Peter DeTrolio was appointed as a voting member for this hearing in place of Mary-Lou Cotton. A motion to approve the Minutes of June 2, 1992 was made by Mr. DeTrolio and seconded by Mr. Clemmey. The Minutes of June 2, 1992 were unanimously approved. A motion to approve the Minutes of June 16, 1992 was made by Mr. Flynn and seconded by Mr. DeTrolio. The Minutes of June 16, 1992 were unanimously approved. Mr. Wojtkiewicz explained to Mr. William Beckman that they were waiting for a quorum. Mr. Beckman had the choice to either wait until the next meeting scheduled for August 4, 1992 or proceed with the application, minus one member of the Board, and all four members of the Board would have to give a positive vote in order to obtain the variance. Mr. Beckman decided to proceed with the application. The hearing on the application of William R. Beckman, First Christian Church, for a variance from Section 4.7 and Section 4.7.1.2 of the Zoning By -Law to allow a freestanding sign in a residential zone with the sign being larger than allowed at 13 Otis Street in the R -1 Zone began at 7:40 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a picture of the proposed sign as Exhibit "C "; and a Plan of Land dated October 13, 1969 prepared by E. Otis Dyer, Registered Land Surveyor, of Rehoboth, MA, Exhibit "D ". Mr. Flynn read a letter from the Planning Board into the record. With five (5) members present they voted four (4) in favor with one (1) opposed to send a positive recommendation on the application for a free- standing sign. Minutes of July 7, 1992 Page 2 of 5 Mr. Wojtkiewicz asked Mr. William Beckman to explain the hardship. Mr. Beckman explained that the present sign is 52 inches wide by 57 inches high. The sign is wooden and in need of repair. The door is broken and the wood is dry. The new sign, The Continental, is 49 inches wide by 60 inches high. It is double faced board, 8 1/2 inches thick; made of heavy gauge aluminium extrusions; and interior illuminated. The sign will only be illuminated from dusk until 11:00 P.M. The picture of the proposed sign and the Plan of Land shall be incorporated into the Decision. The hearing closed at 7:50 P.M. Mr. Wojtkiewicz asked Mr. Wayne Whatmough if he understood the quorum situation. He said yes and decided to proceed. The hearing on the application of Wayne Whatmough for a variance from Section 4, Schedule 4.2.1 of the Zoning By -Law, for an existing structure with less than the required sideyard setback at 58 Deer Path Lane in the R -1 Zone began at 7 :55 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Plan of Land dated May 29, 1992 prepared by Rim Engineering Company, Inc., Mansfield, MA, as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. With four (4) members present they voted unanimously to send a positive recommendation on the application. Mr. Wojtkiewicz asked Mr. Whatmough to explain the hardship. Mr. Whatmough explained that he purchased the land at 58 Deer Path Lane in the spring of this year, and found a customer to build a house for in mid - April. The original plans were for a house 26' x 30'. Just before he broke ground the customers decided to increase the house by 2 feet to 32'. Mr. Whatmough knew he had two feet on the left side and was also tight on the right side. So he added one foot on each side, still giving him one foot on the left side. After the foundation was poured, the customers then requested two walkout bay windows. One on the left side of the house and the other in the rear. At the end of May, Mr. Whatmough hired Rim Engineering to do the surveying. At this time he discovered the problem. The only problem is the one foot encroachment by the bay window on the sideyard. The hearing closed at 8:00 P.M. Mr. Wojtkiewicz asked Attorney Leo J. Peloquin, Jr. if he understood the quorum i situation. He discussed the situation with the applicants, Mr. and Mrs Peloquin, and they decided to proceed. Minutes of July 7, 1992 Page 3 of 5 The hearing on the application of Leo and Helen Peloquin for a variance from Section 4, Schedule 4.2.1 for a non - conforming lot with less than the required frontage at Lot 3 Copeland Drive as shown on the Zoning Board of Appeals Plan dated June 4, 1992, prepared by Hutchins- Trowbridge Associates, Inc., of Mansfield, MA in the R -2 Zone began at 8:05 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Plan of Land dated June 4, 1992 prepared by Hutchins- Trowbridge Associates, Inc., Mansfield, MA, as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. With four (4) members present they voted unanimously to send a negative recommendation on the application. (1) The application substantially derogates from the intent of the Zoning By -Law as it relates to minimum frontage requirements and lot width definition. (2) Financial hardship is not a hardship under Chapter 40A. (3) The applicants created their own hardship when creating Form A lots in March of this year, after being advised not to by the Planning Board. (4) The location of the driveways so close together may create a public safety hazard for those entering and exiting onto Central Street. Mr. Wojtkiewicz asked Mr. Peloquin to explain the hardship. Mr. Peloquin explained that the applicants, Mr, and Mrs. Peloquin, have lived on Central Street for 20 years. They still live in Mansfield but now on Franklin Street. They plan to subdivide approximately three acres of land into 5 lots. Lot 2 has an existing house. Lots 1, 3, 4 and 5 are the proposed lots. Lot 3 is the largest lot and it borders on Copeland Drive. Mr. Peloquin is semi - refired and he plans to sell the lots for residential development. With respect to lot 3, they are requesting a variance for the frontage requirements. What they have done is to make this the largest lot. The width is 175 feet, the lot area is 3 times the area required by the By -Laws. The plan is to have the driveway and frontage access Copeland Drive. The hardship is created by a an odd- shaped parcel of land owned by Island Sales in Foxboro Village and they own the Foxboro Furniture Co. in Foxfield Plaza. Mr. Peloquin approached the trustee of the property, Mr. Smith. They have no plans ever to develop the property but they had concerns for future use. Mr. Peloquin wanted to purchase some of the land from the trustees but they were not interested in selling any. None of Mr. Peloquin's lots have yet to be sold. Mr. Flynn explained his concern about the Peloquins obtaining, in writing, verification of his conversation with Mr. Smith. An abutter, Mr. Al Turinese, 63 Pleasant Street, spoke in favor of the Peloquins. He said they have been good neighbors and it would only benefit the area. Right now the C land is being used as a dumping ground. Vagetso ?f5July 7, 1992 The decision is tabled until a letter is received confirming the conversation between Mr. Smith and Mr. Peloquin regarding the request to purchase land from the trustees. The hearing closed at 8:25 P.M. Mr. Wcjtkiewicz asked Philip and Patricia Lessard if they understood the quorum situation. They decided to proceed. The hearing on the application of Philip and Patricia Lessard for a variance from Section 4, Schedule 4.2.1 to construct a non - conforming addition to a conforming structure at 10 Judy's Lane with less than the required front yard setback in the R -2 Zone began at 8:25 P.M. The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B "; a Plan of Land dated May 25, 1992 prepared by Hutchins- Trowbridge Associates, Inc., Mansfield, MA, as Exhibit "C "; and an Architectural Plan dated May 5, 1992 prepared by Michael J. Mathias Architectural Designs, Mansfield, MA, as Exhibit "D ". Mr. Flynn read a letter from the Planning Board into the record. With five (5) members present voted four (4) in favor with one (1) opposed to send a positive recommendation on the application. Mr. Flynn also read three letters in favor of the proposed addition from abutters, Sandra and Wayne Smith, 6 Judy's Lane, Donna Schmidt, 9 Judy's Lane, and David and Tara Moores, 12 Judy's Lane. Mr. Wojtkiewicz asked Mr. and Mrs. Lessard to explain the hardship. Mrs. Lessard explained that they are a family of four and have a small 24' x 36' one bathroom ranch with very small bedrooms. They had tried to sell their house and received no offers. They love where they live, a quiet dead end street. They decided that if they were going to the expense they would have larger rooms. They plan to put a second floor on the house and extend the front out four feet from the foundation, one foot more than it presently is now. They need a variance for 4 feet. They will be 26 feet from the street. The hearing closed at 8:45 P.M. A motion was made by Mr. Clemmey and seconded by Mr. DeTrolio to grant a variance to the First Christian Church. It was discussed that they are replacing an existing sign that has been there for years. Also, the church advertises its activities to its parishioners and does not derogate from the Zoning By -Laws. Unanimously granted. A motion was made by Mr. Flynn and seconded by Mr. Wojtkiewicz to grant a variance to Wayne Whatmough. It was discussed that the variance is for such a minimal amount of land, 1 foot, and does not derogate from the Zoning By- Laws.. Unanimously granted. Minutes of July 7, 1992 Page 5 of 5 A motion was made by Mr. Flynn and seconded by Mr. DeTrolio to table until the August 4, 1992 meeting until a letter is received confirming the conversation between Mr. Peloquin and Mr. Smith regarding the purchase of land. Unanimously tabled until August 4, 1992. A motion was made by Mr. Clemmey and seconded by Mr. DeTrolio to grant a variance to Philip and Patricia Lessard. It was discussed that is conforming with the existing houses in the neighborhood and it is improvement to the neighborhood. Unanimously granted. Mr. Flynn brought up the point that more particulars should he put into the approvals and denials. Also, the denial for CTI should be redone and more reasons should be put into the decision. At each meeting it should be discussed exactly what the reasons are for denying and for approving. It was also discussed who should write the decisions, if Dick Lewis or the Board members should write them. No definite decision was reached on this matter. The meeting adjourned at 9:15 P.M. Acting Clerk