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HomeMy WebLinkAboutZBA_03021993ZONING BOARD OF APPEALS MINUTES March 2, 1993 S3 r i2 17 PM 3: CS 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; Peter DeTrolio, Associate Member; and Richard Lewis, Zoning Board of Appeals Advisor. Mr. DeTrolio was appointed voting member in place of Mr. Flynn. The hearing on the application of David Anacone for a variance from Section 4, Schedule 4.2.1 of the Zoning By -Laws to construct a non - conforming addition with less than the required minimum sideyard setback to a conforming structure at 161 Balcom Street in the R -1 Zone began at 7:40 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of Land dated January 15, 1993 prepared by Hutchins - Trowbridge Associates, Inc., Mansfield, MA, as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the record. With five (5) members present they voted two (2) in favor with three (3) opposed to send a positive recommendation on the application. The applicant should explore alternative locations on the lot to construct the addition where a variance would not be required. Mr. Wojtkiewicz asked Mr. Anacone to explain his hardship. Mr. Anacone explained that his existing house is too small for a family of six to live in comfortably. To move into a larger house with the same amount of land in Mansfield would not be affordable to them. The addition would be approximately 55 feet and would contain a kitchen, family room, garage and three bedrooms. The Anacones considered going straight back with the addition but the architect and the contractor said they would not be able to pull into the garage; there would be too much of a turn. The other side of the house would not be feasible because they would need a variance on that side too. They felt putting the addition on the right side of the house and going at an angle would be the most feasible approach. ..1Io Minutes of February 16, 1993 Page 2 of 6 Mr. Wojtkiewicz asked why the addition could not go straight back. Mr. Anacone explained that two years ago they had the driveway paved and if the addition went ( straight back it would not look very attractive; he feels it would look much better and give the house more character to place it at an angle. Mr. Butler questioned the angle of the house and found it hard to believe that the cost of the driveway is a concern when Mr. Anacone is putting on a 55 foot addition. The Anacone's felt that if the house was not brought back at an angle it would be more difficult to make the turn into the garage. Mr. Clemmey stated that the engineer should have presented a radius to show that the car will fit into the garage from the driveway. Mr. Butler stated his concern over whether the car will fit into the garage at the proposed angle. The hearing closed at 7:55 P.M. Mr. DeTrolio was appointed voting member in place of Mr. Flynn. The hearing on the application of Mr. and Mrs. Stephen Conroy for a variance from Section 4, Schedule 4.2.1 of the Zoning By -Laws to construct a conforming addition to a pre- existing non - conforming structure with less than the required front, side and rear yard setbacks and less than the required minimum lot area at 40 Glen Street in the R -2 Zone began at 8:00 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of Land dated January 18, 1993 prepared by David E. Grant, Registered Land Surveyor, Mansfield, MA, as Exhibit "C ". Mrs. Cotton 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. Mrs. Cotton read a letter dated August 21, 1985 from Attorney Royal Patriquin, Mansfield, MA, into the record. This is to advise that he represents Mr. and Mrs. Conroy. He researched the title and deed for the property located on Glen Street owned by Janet D. White. The property is recorded at the Bristol County Registry of Deeds, Book 1718, Page 410. This lot existed prior to the Town of Mansfield adopting their Zoning By -Law in February of 1953 and was not held in common ownership with any adjoining land and would therefore conform to the Zoning Act of the Massachusetts General Laws Chapter 40A, Section 6 Pre- existing Non - Conforming Uses, Structures and Lots. Mrs. Cotton read a letter from an abutter, Clara Hardy of 41 Glen Street, into the record. I do not Minutes of February 16, 1993 Page 3 of 6 object to the variance on the application of Mr. and Mrs. Stephen Conroy in the lot area at 40 Glen Street in the R -2 Zone. Mrs. Cotton read a letter from an abutter, ( Virginia A. Fallon of 123 Shawmut Street, with a positive recommendation. Mr. Wojtkiewicz asked Mr. and Mrs. Conroy to explain their hardship. Mr. Conroy explained that he is retired and his home is too big for him and his wife to maintain. They would like to sell the house to his daughter and son -in -law (who now live with them) and put on the addition for him and his wife. An abutter, Joanne Mainiero at 36 Glen Street, had some concerns. Ms. Mainiero is selling her home and does not want this addition to interfere with her selling of the property. She was concerned with deadheads, drainage, electricity, grading, and sewerage. These problems were answered by Mr.Conroy; this addition should in no way effect her. They are on town sewer, there should be no drainage problems, there will be shrubs and grass planted and this addition will not effect her. The hearing closed at 8:20 P.M. Mr. DeTrolio was appointed voting member in place of Mr. Flynn. The hearing on the application of Paul and Jane Folkman for variances from Section 4, Schedule 4.2.1 of the Zoning By -Laws to construct an enclosed addition between two existing structures (house and garage) leaving the garage with less than the required minimum sideyard setback; a variance is also sought for the attached deck with less than the required minimum side yard setback at 190 Winter Street in the R -1 Zone began at 8:25 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of Proposed Addition dated February 1, 1993 prepared by Rim Engineering Co., Inc., of Mansfield, MA, as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the record. With five (5) members present they voted three (3) in favor with two (2) opposed to send a positive recommendation on the application. Mrs. Cotton read a letter dated February 17, 1993 from Karl Clemmey to the The State Ethics Commission into the record. "I am writing for an opinion from you on a situation I would like clarified. I am a member of the Mansfield Zoning Board of Appeals and have been a member for 2 years. I also have been a business partner with Paul Folkman, Mansfield since 1987. We developed a condominium project known as Jackson Court Condominiums in Mansfield, MA. In December, 192 we sold the last unit of this project and satisfied all bank loans. We have closed all checking accounts of this project. In 2 weeks Paul Folkman will be appearing before the Mansfield Minutes of February 16, 1993 Page 4 of 6 Zoning Board of Appeals for a variance on one of his projects as a developer. I do not have any interest, either personally nor financially in any of his building projects ( including this one. I would like an opinion from your office if I am able to vote on his variance coming before the Zoning Board of Appeals. Also Mr. Folkman is on the Mansfield Board of Assessors. While building out condominium project he did not participate in any questions, abatement hearings, etc. that I had before the Board. I also would like an opinion from you if he now can participate on any dealings I might have with the Board of Assessors. Because of the time frame of this Zoning Hearing in two weeks I will be waiting to hear from you at your earliest convenience." Mrs. Cotton read a letter dated February 19, 1993 to Mr. Clemmey from the Commonwealth of Massachusetts, State Ethics Commission into the record. They stated that they can informally advise Mr. Clemmey that he may participate in the variance matter in question, subject to making a full disclose of his prior business relationship with Mr. Folkman. Mr. Clemmey stated that he has advised, by mail, the Mansfield Board of Selectman and the Town Manager of this situation. Mrs. Cotton read a letter from abutters, Louis and Katherine Certuse of 208 Winter Street into the record. They expressed a positive recommendation and the proposed addition would have no negative impact to them as abutters. Mr. Wojtkiewicz asked Mr. Folkman to explain his hardship Mr. Folkman explained that he would like to convert his existing two -story detached garage into living area for his elderly mother, and they would like to connect the garage to the house with a breezeway so his mother can go from her apartment to his house without going outside. He also explained that at the time he spoke with the Building Inspector and the Town Planner he believed he could comply with the provisions of a special permit. He was informed by Bert and Shawn that the entire section envisions that the garage is attached as part of the primary structure; but there was no situation quite like his. Mr. Cook suggested linking the house to the garage. Mr. Folkman explained that he is also requesting a variance for the attached deck which encroaches onto the sideyard by 7 feet. The deck has always been in the same location. When Mr. Folkman built the house he had the garage more than ten feet from the primary structure and five feet from the sideyard. At the time he built the house he did not have enough room to attach the garage to the house. An abutter, Louis Certuse of 208 Winter Street, gave a positive recommendation. He has met Paul's mother over the years and she is a welcome asset to the neighborhood. Minutes of February 16, 1993 Page 5 of 6 An abutter, Frank Fisher of 207 Winter Street, also gave a positive recommendation. He lives directly across the street from Mr. Folkman. He stated that this is a beautiful house and feels the addition will not even be seen from the street. The hearing closed at 8:45 P.M. A motion was made by Mr. DeTrolio and seconded by Mr. Clemmey to grant a variance to Mr. Anacone. Mr. Butler's concern was how the Anacones are going to make the swing into the garage without going on an abutter's property. A motion was made by Mrs. Cotton and seconded by Mr. Butler to table this matter until the March 16, 1993 meeting. Mr. Clemmey will accept at that meeting a radius to be presented to the Board prepared by the engineer. A motion was made by Mr. Clemmey and seconded by Mrs. Cotton to grant a variance to Mr. and Mrs. Conroy. Unanimously granted. Reasons: Does not derogate from the Zoning By -Law; all small lots in that area; it is a hardship; not detrimental to the public good; will enhance the property; the proposed addition is not more non- conforming than existing structure; and is not detrimental to the public good. A motion was made by Mrs. Cotton and seconded by Mr. DeTrolio to grant a variance to Mr. Folkman. Unanimously granted: will increase the value of the land; not detrimental to the public. The Minutes of February 16, 1993 were unanimously granted. A motion was made by Mr. Butler and seconded by Mrs. Cotton to go into Executive Session. The Meeting closed at 9:30 P.M. Respectfully submitted, Mary -Lou Cotton, Clerk