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.