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HomeMy WebLinkAboutZBA_06011993I� ZONING BOARD OF APPEALS 93 i'r123 Pi, 3: 0 MINUTES June 1, 1993 TS 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; and Richard Lewis, Zoning Board of Appeals Advisor. Mr. Richard Secher was appointed as a voting member for this hearing in place of Eric Butler. The hearing on the application of a David J. O'Connor for a variance from Section 4, Schedule 4.2.1 of the Zoning By -Laws to construct a conforming addition to a non- conforming structure at 27 Chestnut Street with less than the required front yard setback in the R -2 Zone began at 7:40 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Plan of Land dated September 28, 1992 prepared by Bay Colony Group, Inc., of Foxborough, MA as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the record. With seven (7) members present they voted unanimously to support the granting of a variance. However, the Planning Board respectfully recommends that the Finding provision of the Zoning By -Law be explored for this application. If the Finding provision of the Zoning By -Law recently adopted at Town Meeting can now be used, this application may require only a finding and not require a variance. Mr. Wojtkiewicz asked Mr. O'Connor to explain his hardship. Mr. O'Connor explained that his house was built in 1910 and is very small. He would like to put on a two -story addition which would be 25'x17' and extend straight out the back of the house. The first floor would be a family room and a laundry room which would bring the laundry room up from the basement. The second floor of the addition would be a master bedroom. The hearing closed at 7:45 P.M. The hearing on the application of Winifred and Michael Masino for a variance from Section 4, Schedule 4.2.1 of the Zoning By -Laws to complete construction of a single Minutes of June 1, 1993 Page 2 of 4 family structure at 49 Fruit Street with less than the required minimum lot area, frontage and side yard setbacks in the R -2 Zone began at 7:50 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Plan of Land dated April 8, 1993 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 five (5) members present they voted unanimously to send the same recommendation as stated in their letter dated March 18, 1993 (copy attached). On Wednesday, March 17, 1993, the Mansfield Planning Board with six (6) members present voted five (5) in favor with one (1) opposed to send a positive recommendation on the application because the lot is pre - existing. Mr. Wojtkiewicz explained that several years ago a variance was granted to the Masinos, which expired. The Masinos came back but their application was not in order so they resubmitted a new application and had the property resurveyed by Hutchins - Trowbridge Associates, Inc., of Mansfield, MA. An abutter, David Hustler of 5 Juniper Rd., was very negative about the building of this home. He is concerned that since his land abuts the applicant's property it will create a very congested area. An abutter, Mr. Diaz of 50 Fruit Street, also gave a negative recommendation. He was concerned about what impact this house would have on the neighborhood. Since Mr. Diaz lives across the street, he was also concerned that the proposed house would create a congested area. Mr. Flynn explained that since the lot was pre - existing prior to the creation of the Zoning By -Laws, the lot is grandfathered and has a right to be used. Mr. Hustler was also very concerned about the condition of the foundation; if the foundation is safe and how long a foundation can be left unused and still remain buildable. Mr. Flynn explained that the condition of the foundation comes under the jurisdiction of the Building Inspector not the Zoning Board. An abutter at 54 Fruit Street, directly next door to the applicant's property, suggested putting a smaller house so it would look more in proportion. If the foundation was made 2 and 1/2 feet smaller, the house could fit into the guidelines. The hearing closed at 8:15 P.M. Minutes of June 1, 1993 Page 3 of 4 Mr. Lou LeBlanc of New England Tire, 515 South Main Street, asked to speak to the Board. Mrs. Cotton stepped down for this discussion since she is an abutter to 515 South Main Street. Mr. LeBlanc explained that he is leasing the old Vickery Building with an option to buy. Goodyear came down and would like Mr. LeBlanc to put 12 inch colored letters between the garage doors. There is a variance for a sign to be placed on the roof of the building but Mr. LeBlanc would like to change the roof sign to 12 inch letters. Mr. Wojtkiewicz explained that he would like Mr. LeBlanc to resubmit his application for a variance and go through the whole process because it is a non - conforming use. Mr. Wojtkiewicz discussed the matter with the Board members and Richard Lewis. Richard is to discuss the matter with Bert Cook and if Bert agrees to accept a letter stating that the ZBA will accept the location change of the letters, Mr. LeBlanc does not need to file a variance application for the new sign. It was unanimously agreed by all ZBA members to meet on the 2nd Tuesday in July and August. Richard Lewis discussed the meeting last week, May 26, 1993, with the consultant doing the Great Woods Land Survey. Mr. Lewis stated that Attorney Bobowski had good direction of the Zoning By -Laws. The finding provision is in effect right now as of the date of the Town Meeting. The attorney stated that the only time a variance should be used is when something is presently conforming and creates a non- conforming structure. Mr. Lewis will start researching findings. The Minutes of April 18, 1993 and May 18, 1993 were unanimously approved. A motion was made by Mr. Secher and seconded by Mr. Clemmey to grant a variance to Mr. O'Connor. Unanimously granted. Reasons: Does not increase the non- conformity; adds to the value of the neighborhood; adds to the value of the house. Mr. Clemmey stated that in regard to the Masinos, he would like Mr. Cook to check the foundation and then if it is found to be a safe buildable foundation then the ZBA will vote. The hearing is continued until June 15, 1993 Minutes of June I, 1993 Page 4 of 4 The Meeting adjourned at 8:45 P.M. Respectfully submitted, Mary -Lou Cotton Clerk