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HomeMy WebLinkAboutZBA_04041995{- CL 1\11 -=D ZONING BOARD OF APPEAL J1,126 P1;12: 43 MINUTES i i Ai E1 0 f- JASSACHUSETTS APRIL 4, 1995 The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:30 P.M. Present at the hearing were the following members: Eric Butler; Leonard Flynn; Peter DeTrolio; Richard Secher; Donald Daniels; Duane Frederick, Associate Member; and Jack Vultaggio, Associate Member. Mr. Paul Jodice submitted on behalf of Black Hawk Realty Trust the following: (1) Revised Site Plan; (2) Lighting Plan; and (3) Calculations relevant thereto. The hearing on the application of Sharpe Construction for a Finding per Sections 3.10.4.B and 6.2.2.13, to allow for a conforming addition to be constructed to a pre - existing, non - conforming home located at 79 Walnut Street in the R -2 Zone, began at 7:30 P.M. The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B'; and a Plan of Land dated December 16, 1994 and revised March 2, 1995 prepared by Hutchins Trowbridge Associates, Mansfield, MA was labeled as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. "With five (5) members present voted unanimously to send a positive recommendation on the application." Mr. Butler asked Mrs. Silverio to present her case. Mrs. Silverio presented a revised set of plans with a proposed 64'x24' addition. Since the plans have been revised a finding is now being requested instead of a variance. The Silverio's are still in need of additional space for their extended family and the shape of the lot and the location of the house made it difficult to expand. An abutter, Mr. Richard Cushman, 71 Walnut Street, wanted to see the new plans and was concerned if the family was planning on turning this home into a three - family dwelling. The hearing closed at 7:45 P.M. The hearing on the application of Maystar Realty Corp. for a variance from Section 4, Schedule 4.2.1, Density and Dimensional Requirements, to allow for an existing tot, located at 180 Branch Street in the R -I Zone, with less than the required frontage and area began at 8:30 P. M. Minutes of April 4, 1995 Page 2 of 3 The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B'; and a Plan of Land dated March 3, 1995 prepared by Hutchins- Trowbridge Associates, Mansfield, MA, was labeled as Exhibit "C ". Mr. Flynn 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. It was the opinion of the Board that the petition does not substantially derogate from the intent of the Zoning By- Law." Mr. Michael Trowbridge from Hutchins- Trowbridge Associates, Mansfield, MA, tried to explain the situation. The house on Branch Street has already been built. This lot was originally created in 1985 with 32,000 square feet of land. In 1988 a new Form A created a larger lot of 44,000 square feet of land. This plan was never filed. The land was foreclosed on, but when the Bank foreclosed they used the old 1985 plan with only 32,000 square feet of land. Mr. Greg Speer then purchased the lot The building permit was granted to build a home in October, 1994 which was two weeks beyond the 5 -year protection, and should not have been w issued. The parcel conveyed to Maystar by the Bank showed a different configuration than the most recent Form A which was endorsed by the Planning Board on May 11, 1988. Plans for the Board of Health, Conservation Commission and Building Department reflected the new Form A. The 1988 Plan was never filed at the Registry. The builders have increased the lot size to conform to the lot area requirement but there is no way of adding frontage. Mr. Speer stated that he has made an agreement with Home Developers, Inc. to purchase some of their land to made this a 75,000 square foot lot. The already built house now sits on Home Developers, Inc. land, not the applicant's property. Mr. Bob Armstrong, a direct abutter, was very angry and could not understand how this could happen. The hearing closed at 8:25 P.M. The hearing on the application of Greg Cauldwell for a Finding per Sections 3.10.4.13 and 6.2.2.D of the Zoning By -Law, to allow for the construction of an addition to a pre - existing, non - conforming home located at 56 Spring Street in the R -3 Zone began at 8:30 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Plan of Land dated November 25, 1994 prepared by Sharon Survey Service, Sharon, MA, was labeled as Exhibit "C "; and An Architectural Rending prepared by Cauldwell Building and Contracting, E. Mansfield, MA, was labeled as Exhibit "D ". No letter from the Planning Board was available for this hearing. f. Minutes of April 4, 1995 Page 3 of 3 Mr. Cauldwell explained that Mr. Tighe, the owner of the property, is ill and needs a first -floor ( bathroom. Mr. Cauldwell has demolished a 20'x20' foot portion of the building and plans to construction an 8'x12' bathroom structure within the footprint of the demolished section. The hearing closed at 8:35 P.M. A motion was made by Mr. Flynn and seconded by Mr. Secher to approve a Finding to Greg Cauldwell. Unanimously granted. Butler, Flynn, DeTrolio, Secher, Daniels. Reasons: Less non - conforming; does not increase the non - conformity. A motion was made by Mr. Flynn and seconded by Mr. DeTrolio to grant a finding to Sharpe Construction. Granted. 3 -2. Yes - Butler, Flynn, DeTrolio. No - Secher, Daniels. Reasons: Pre - existing non - conforming structure; does not increase non - conformity. A motion was made by Mr. Flynn and seconded by Mr. DeTrolio to table the Maystar application until the next meeting on May 2, 1995. Unanimously approved. A letter should be written to Maystar requesting some information: (1) A Title Search - a chain of titles from 1960 with all supporting documents, deeds, etc. (2) Documentation from Home Developers supporting Maystar regarding purchase of land. A motion was made by Mr. Flynn and seconded by Mr. Secher to have Dick Lewis write a letter to Bert Cook to only approve recorded Plans. A motion was made by Mr. DeTrolio and seconded by Mr. Daniels to approve the Minutes of April 7, 1995. Unanimously approved. Mr. Butler requested that a letter be sent to Black Hawk Realty Trust, 77 West Street (Old Colony Motors) explaining that the documents submitted by Mr. Jodice at tonight's meeting are not adequate. 10:00 RM.