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HomeMy WebLinkAboutZBZ_08171993I- _ I ZONING BOARD OF APPEALS MINUTES August 17, 1993 0 C� 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; and Peter DeTrolio, Associate Member. Peter DeTrolio was appointed voting member in place of Eric Butler for the entire meeting. Mr. Wojtkiewicz explained to Mr. and Mrs. O'Connell of 12 Surrey Drive that they were waiting for a quorum. Mr, and Mrs. O'Connell had the choice to either wait until the next meeting scheduled for September 7, 1993 or proceed with their application, minus one member of the Board. All four members of the Board would have to give a positive vote in order to obtain the variance. Mr. Wojddewicz asked Mr. and Mrs. O'Connell if they understood the quorum situation. They said yes and decided to proceed. The hearing on the application of David and Beverly O'Connell 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 side yard setback to a single family home located on a lot with less than the required lot area at 12 Surrey Drive in the R -1 Zone began at 7:40 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Plan of Land dated June 21, 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 four (4) members present they voted unanimously to send the following recommendation. The applicant may not need a variance for the addition if the structure was built prior to 1973." Mrs. Cotton read a memorandum dated August 17, 1993 from Richard Lewis into the record. "This is a fairly simple request for a side yard setback variance. The lot is presently pre - existing, non - conforming due to the lack of lot area. If our Zoning By -Law contained a slightly different wording for the "Finding" provision, then that approach could be used. But until there is a change Minutes of August 17, 1993 Page 2 of 4 approved at Town Meeting then a variance is the appropriate mechanism and I have no problem with the request." Mr. Wojtkiewicz asked Mr. and Mrs. O'Connell to explain their hardship. Mrs. O'Connell explained that she is requesting to build a 36'x38' addition to their home. They are requesting to build a two car garage with a breezeway and with a room above for her parents to live, which will be accessible through the house. The addition is being requested on that side of the house because that is where the driveway exists now. Mrs. Cotton read letters in support of the application into the record from Lindsay and Chris Cormier Hayes of 40 Lantern Lane; Gretchen Maurer and Leonard Travers of 40 Surrey Drive; and Stephen and Janet Girard of 15 Surrey Drive. The hearing closed at 7 :55 P.M. Mr. Wojtkiewicz asked Mrs. McMillan of 295 School Street if she understood the quorum situation. She said yes and decided to proceed. The hearing on the application of Frances McMillan for a variance from Section 4.1.6 of the Zoning By -Laws to allow for the construction of a non - conforming addition with less than the required side yard setbacks to a pre - existing non - conforming use and structure located at 295 School Street in the I -1 Zone began at 8:00 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Plan of Land dated June 15, 1993 prepared by David E. Grant, Land Surveyor, Mansfield, MA, as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the record. "With four (4) members present they voted two (2) in favor with two (2) opposed to send a positive recommendation. Board members opposed to granting the variance stated that they were of the opinion that the applicant should explore alternative locations on the site to construct the addition that would not require a variance." Mr. Wojtkiewicz asked Mrs. McMillan to explain her hardship. Mrs. McMillan explained that she has severe arthritis and is preparing to undergo a joint replacement operation. She is requesting to build a one car garage with a breezeway so she will feel safer being indoors during the bad weather and will not have difficulty walking to her car, and the breezeway will continue to let light into her kitchen. Minutes of August 17, 1993 Page 3 of 4 Helen Christian of 287 School Street spoke in support of the application. Mrs. Christian stated that during the winter months she watches Mrs. McMillan every day to make sure she gets into her car and does not slip and fall on the ice. The garage and breezeway will make it easier and safer for Mrs. McMillan. The hearing closed at 8:10 P.M. Mr. Wojtkiewicz asked Mr. William Beardsworth of 27 Columbine Road if he understood the quorum situation. He said yes and decided to proceed. The hearing on the application of William Beardsworth for a variance from Section 4, Schedule 4.2.1 of the Zoning By -Laws to allow for a pre - existing non - conforming single family dwelling with less than the required front, side and rear yard setbacks located at 27 Columbine Road in the R -2 Zone began at 8:15 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Mortgage Plot Plan of Land dated May 26, 1993 prepared by W.T. Whalen Engineering Co., North Attleboro, MA, as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the record. "With four (4) members present they voted two (2) in favor with two (2) opposed to send a positive recommendation. Board members opposed to granting the variance stated that they were of the opinion that insufficient information had been submitted by the applicant for review of the application." Mrs. Cotton read a memo dated August 17, 1993 from Richard Lewis into the record. "This is a case of a pre - existing, non - conforming stricture, for which no additions or changes are being proposed. The fact that it does not meet the various setback requirements was picked -up by a bank for a refinancing. The variance will only serve to put a stamp of legitimacy on the house." - Mr. Wojddewicz asked Mr. Beardsworth to explain his hardship. Mr. Beardsworth explained that he purchased his home in 1987 which was listed as a handyman's special. He requested a repair permit and during a 13 month period did most of the repair work himself. When the work was done and inspected he received his occupancy permit. Then, this year, he decided to refinance his home and the bank found the problem that on one side of the house he is only 9 /10ths of a foot from the property line. Last year Mr. Beardsworth explained that he requested to come before the Town Meeting and request to purchase some land from the town which is Airport Road. He was informed before the meeting that the town does not own that land and it is a paper street which is owned by the FAA. Minutes of August 17, 1993 Page 4 of 4 George stated that Mr. Beardsworth needs to get a registered land surveyor or engineer to survey his land because this plan is only a mortgage plot plan and is not certified. And Mr. Beardsworth must also find out who owns Airport Road at the Taunton Registry and bring to the next meeting proof that he made an attempt to purchase the additional land. Mr. Barrett, an abutter at 14 Columbine Road, spoke in support of the applicant and he is also the nearest neighbor within 200 feet. Mr. Clemmey requested that Karen Lawlor check with Shirley regarding what materials she has on Airport Road and also to check with Bert Cook to see if he has any plans on hand that Mr. Beardsworth would have presented to him five years ago. The hearing closed at 8:30 P.M. John Toscano discussed procedure for putting up a sign with the Board. Minutes of July 20, 1993 were unanimously approved with one abstention (by Karl Clemmey who was not present at that meeting). A motion was made by Mr. DeTrolio and seconded by Mrs. Cotton to grant a variance to Mr. and Mrs. O'Connell. Unanimously granted. Reasons: No reason not to give a variance; all the houses in this area have two -car garages; it would improve the area; does not derogate; and not a safety issue. A motion was made by Mrs. Cotton and seconded by Mr. Clemmey to grant a variance to Mrs. McMillan. Unanimously granted. Reasons: There is no other place to put the garage; and Mrs. McMillan has a physical hardship. The meeting adjourned at 8:45 P.M. Respectfully submitted, Mary-Lou Cotton, Clerk