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HomeMy WebLinkAboutZBA_09011992f Iii 0 ZONING BOARD OF APPEALS 1.1 MINUTES 92 SEP 24 F;; 10: lag September 1, 1992 p i, `t_ } { 11Y.JS A t IllI;)Ll I J 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, Chair- man; Leonard Flynn; Karl Clemmey; Eric Butler; Peter DeTrolio, Associate Member; Richard Secher, Associate Member; and Richard Lewis, Zoning Board of Appeals Advisor. A motion was made by Mr. Flynn and seconded by Mr. Wojtkiewicz to deny a special permit to Scott and Margaret Tucker, 40-42 Draper Avenue. Reasons: The use of the building was abandoned 20 years ago, therefore, it does not comply with the requirements applying for a special permit. The applicants are applying for a second house on a lot that is 7,500 square feet, the required area for the zone is 10,000 (for one house). The second house has serious dimensional requirements; the rear setback requirement is 30 feet, the house has 8110ths of a foot. The side setback requirement is 15 feet; the house has 3 feet. There is a parking problem. The Tuckers purchased the house in 1986 for $117,000. At that time he knew the house was not zoned for two houses on a lot and the price he paid for a single home does not create a financial hardship. Mr. Wojtkiewicz stated that all five members of the Board were present at the hearing for the Tuckers. The people who are in the actual voting capacity of a hearing have to be the same members to vote on the hearing. Mrs. Cotton's vote should be recorded later on. Mr. Butler stated that he would like the motion to deny withdrawn so he could make a motion to grant and vote against it. Mr. Flynn withdrew his motion to deny. A motion was made by Mr. Butler and seconded by Mr. Flynn to grant a special permit to Scott and Margaret Tucker, 40 -42 Draper Avenue. The special permit was denied. There was one abstention, Mr. Clemmey and three denials, Mr. Flynn, Mr. Butler and Mr. Wojtkiewicz. Mrs. Cotton's vote was to deny. 4 -0. A discussion followed as to whether motions should be made or whether a vote should be taken and then discuss the reasons. The Minutes of August 4, 1992 were unanimously approved. Minutes of September 1, 1992 Page 2 of 6 Mr. Wojtkiewicz stated that he will be holding a workshop at his home on Tuesday night, September 8 at 7:30 P.M. with Mary -Lou, Dick Lewis and Karen Lawlor regarding making amendments to the application, updating the guidelines, updating the format of the decisions, preparing a hit list of troubled areas of the Zoning By -Laws that should be discussed with the Planning Board. Then all this material can be presented to the ZBA members. Also, the Board is going to receive a memo from the town attorney so that the By -Laws can be changed or articles can be rewritten. A letter from Helix/CTI was discussed. HelixICTI are meeting with the ZBA at the next meeting on September 22, 1992. They would like to try to work out the problem before they go to court. Mr. Wojtkiewicz's grounds to hold this meeting are to slit down and discuss their new proposal in an effort to save the town money in a law suit. Mr. Flynn was voted in as acting clerk in place of Mrs. Cotton. The hearing on the application of A. Adair Robinson for a variance from Section 4, Schedule 4.2.1 of the Zoning By -Laws to construct an addition on a lot with less than the required minimum lot area at 220 East Street in the R -2 Zone began at 8:10 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B'; a Plan of Land dated August 18, 1992, prepared by David E. Grant, Registered Land Surveyor of Mansfield, MA as Exhibit "C "; and an Architectural Plan of the proposed addition as Exhibit "D ". Mr. Flynn read a letter from the Planning Board into the record. With five (5) members present they voted unanimously to send a positive recommendation on the application. Mr. Wojtkiewicz asked Mrs. Robinson to explain her hardship. Mrs. Robinson explained that her lot area is 14,666 square feet and 15,000 square feet is the dimensional requirement. She has a small kitchen and would like to enlarge her kitchen, add a washer and dryer area and add a deck. She has owned the house for 39 years. She had in her possession 8 positive letters of recommendation from abutters. Mr. Richard Secher was appointed voting member for this hearing in place of Mary-Lou Cotton. A motion to grant was made by Mr. Clemmey and seconded by Mr. Flynn to grant a variance to Mrs. Robinson, 220 East Street. Unanimously granted. Reasons: Will not derogate from the Zoning By -Law; is not detrimental to the public good; it goes along with the existing master plan that was and is in enforce now regarding frontage and total yardage; there is a hardship with the land, in that it does not have the 15,000 square foot requirement. The hearing closed at 8:20 P.M. Minutes of September 1, 1992 Page 3 of 6 The hearing on the application of Edward Walker for a variance from Section 4, Schedule 4.2.1 of the Zoning By -Laws for an existing non - conforming structure at 19 Shiloh Driver with less than the required minimum side yard setback in the R -1 Zone began at 8:20 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit 'B'; and a Plan of Land dated July 1, 1992 prepared by Hutchins - Trowbridge Associates, Inc., of Mansfield, MA as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. With five (5) members present they voted unanimously to send a positive recommendation on the application. Mr. Peter DeTrolio was appointed as a voting member for this hearing in place of Mary - Lou Cotton. Mr. Wojtkiewicz asked Mrs. Walker to explain her hardship. The Walkers have owned their energy efficient home for 4 years. When the foundation was installed all measurements fell within the 25 foot sideyard setback requirements of the Zoning By -Laws. However, the design called for installation of stress skin insulation panels to be applied to the outside of the foundation. The original plot plan was done from the foundation before the insulation panels were installed. When the Walkers decided to sell their house the problem was found. They are 8 inches short of the 25 foot sideyard setback. It was also discussed that on the westerly side of the house the staircase is only 18 feet from the sideyard setback; so a variance is needed for the sideyard setback for the stairs and the stress skin panels. A motion was made by Mr. Flynn and seconded by Mr. DeTrolio to grant a variance to Mr. and Mrs. Edward Walker. Unanimously granted. Reasons: Minor variance caused by the engineer or the contractor. . The hearing was closed at 8:30 P.M. The hearing on the application of Joseph Lussier for a variance from Section 1.5.15 of the Zoning By -Laws for a comer lot dimensional requirements and Section 4, Schedule 4.2.1 of the Zoning By -Laws to construct a non - conforming addition to a non - conforming structure with less than the required front yard setbacks, and the minimum lot area at 146 Pratt Street in the R -2 Zone began at 8:30 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit 'B "; and a Plan of Land dated August 25, 1992 prepared by Hutchins - Trowbridge Associates, Inc., of Mansfield, MA as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. With five (5) members present they voted unanimously to send a positive recommendation on the application because the proposed addition would be contained within the existing building plan.. Minutes of September 1, 1992 Page 4 of 6 Mr. Richard Secher was appointed as a voting member for this hearing in place of Mary- Lou Cotton. Mr. Wojtkiewicz asked Mr. Lussier to explain his hardship. The Lussiers home was built in 1906. The porch was an addition put on in 1985. They want to increase the size of the side entrance porch to 8,XT and change the direction of the steps going toward the driveway. The variance they need is for a corner lot dimensional requirement and to construct a non - conforming addition to a non - conforming structure with less than the required front yard setbacks and the minimum lot area. A motion was made by Mr. Butler and seconded by Mr. Secher to grant a variance to Mr. Lussier. Unanimously granted. Reasons: The setback is the same as the other stairs; does not derogate from the Zoning By -Laws; is not detrimental to the public good. The hearing closed at 8:35 P.M. The hearing on the application of Liberty Mutual for a variance from Section 4.7.2.2 of the Zoning By -Laws to install a wall sign on the side of the building at 603 West Street in the I1 Zone began at 8:35 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B"; and a Plan of the Proposed Sign dated April 28, 1992 prepared by General Sign of Newton, MA as Exhibit "D ". Mr. Flynn read a letter from the Planning Board into the record. With five (5) members present they voted unanimously not to send a recommendation because the sign is not shown on the plan for review on the application. The reason that no recommendation was given by the Planning Board was the plans were not delivered to the ZBA until a few days before the ZBA hearing. The plans were not delivered in time for the Planning Board to discuss at their meeting. Peter DeTrolio was appointed voting member for this hearing in place of Mary-Lou Cotton. Mr. Wojtkiewicz asked Mr. Gerry Sawyer, representing General Sign, Newton, MA, to explain the hardship. Right now there is no sign on the building. A variance is needed because the sign is not being placed on the front of the building. They would like the Liberty Mutual sign to be placed on the south side of the building facing Rt. 495. The wall sign meets all the dimensional requirements. Right now there is no sign on the building. The sign will be the Liberty Mutual logo, internally illuminated translucent blue. Mr. Flynn made a motion to table this until September 22, 1992 so he can look at the building again. Minutes of September 1, 1992 Page 5 of 6 The hearing closed at 9:05 P.M. The hearing on the application of John G. Maragnano for a variance from Section 4, Schedule 4.2.1 of the Zoning By -Laws to construct a house on a lot with less than the required minimum lot area at 81 Pratt Street in the R -3 Zone began at 9:05 P.M. The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B"; and a Plan of Land dated March 19, 1990 and revised on August 4, 1992, prepared by Hutchins - Trowbridge Associates, Inc., as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. With five (5) members present they voted two (2) in favor and three (3) opposed to send a positive recommendation on the application. Richard Secher was appointed voting member for this hearing in place of Mary-Lou Cotton. Mr. Wojtkiewicz asked Mr. John Maragnano to explain the hardship. The house he lives in is approximately 90 years old. Originally there were two parcels; his house and garage on Rt. 106 which was a 15,000 square foot lot and an 8,000 square foot lot on Newton Street. When Rt. 106 was widened some land was taken so they now have approximately 14,500. In subsequent zoning the two parcels under the same name became one large parcel by the town. Under the new zoning which requires 10,000 square feet he could build a house. But if he came back 100 feet off of Newton Street it would touch the garage. It is an old garage but well maintained. He would not want the garage moved. What he is asking for is a variance for a 9,000 square foot lot to build a single family cape style house without having to move the garage to make it a legal 10,000 square foot lot. A motion was made by Mr. Secher and seconded by Mr. Clemmey to grant a variance to Mr. Maragnano. Unanimously granted. Reasons: It is a non - conforming lot but it is consistent with the area; there is some aestetic value to leave the garage where it is The setback is the same as the other stairs; does not derogate from the Zoning By -Laws; is not detrimental to the public good; it is not detrimental to the neighborhood; it is not a safety hazard; does not derogate from the Zoning By -Laws; and no one is opposed to it. Leaving the two big trees is very attractive to the area and if you move theh garage closer to the house it would be less attractive. The hearing closed at 9:30 P.M. It was decided to reconvene for Peter Fontanini, 20 -22 Thomas Street, which had been table from the last meeting. A motion was made by Mr. Flynn and seconded by Mr. Butler to grant a variance to Mr. Fontanini. Unanimously granted. Minutes of September 1, 1992 Page 6 of 6 The motion to grant the use of 5 individual living units on the first floor. Reasons: 1) He applied for and received a building permit when it was allowed. Zoning changed after he had a legitimate building permit. 2) It involves hardship for the petitioner. 3) There are 19 units in the building. 4) It would not be harmful to the public good. Motion to change the name from boarding house to efficient apartments. Unanimously denied. 1) Substantially derogates from the intent of the Zoning By -Law to change the name from board house to efficiency apartment. 2) Does not meet the 600 square foot requirement of an apartment. A motion to deny the request to classify the 420 square foot units as apartments. Unanimously denied. 1) Granting this would substantially derogate from the Zoning By -Law. The Meeting adjourned at 10:30 P.M.