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HomeMy WebLinkAboutZBA_06061995ZO1 I iG BOARD OF APPEALS MINUTES JUNE 6, 1995 IVEC Uf 95 JUN 2ru Pri 2: 38 ! iFSsJr 11..LU H'I A SSACHUSE CTS 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, Chairman; Leonard Flynn, Clerk; Peter DeTrolio; Donald Daniels; and Duane Frederick, Associate Member. Duane Frederick was appointed voting member in place of Richard Secher for this meeting. The hearing on the application of Mario Marcaccio for a variance from Section 4, Schedule 4.2.1 of the Zoning By -Law, Density and Dimensional Requirements, to construct an addition with less than the required front and side yard setbacks, with the structure located at 999 East 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 July 8, 1992 prepared by David Francis Young, Professional Engineer, was labeled as Exhibit "C. Mr. Flynn read a letter from the Planning Board into the record. "With seven (7) members present, they voted unanimously to send a negative recommendation on this matter. It was the opinion of the Board that the neighborhood is located within a Residential I Zone where a 25 foot side yard setback is required and that allowing an addition which encroaches 20 feet into the sideyard setback substantially derogates from the intent of the sideyard setback regulations." Mr. Butler asked Mr. Marcaccio to present his case. ,N/tr. Marcaccio explained that his property is located in Zone 2 not Zone 1 as the Planning Board letter has stated. Mr. Marcaccio stated that due to the very irregular shape of the lot, poor soil conditions which result in high groundwater entering the basement, the placement of the house on the lot and the interior layout of the house, would constitute a substantial hardship in that the washing machine, electric clothes dryer, and extensive shop equipment could not be relocated to a safe operational dry area. The finished proposed structure setbacks will be in conformance with the aesthetics of the surrounding older homes of the East Mansfield common area and would not nulliR, or substantially derogate from the intent or purpose of the Zoning By -Law. Mr. Marcaccio Ruther explained that lie considered putting in a one -car garage, but they really need the room of a two -car garage in order to put his electrical tools and to have a car in the garage. Also, the garage would be a one -story structure, only 8 to 10 feet high. Minutes of June 6, 1995 Paul and Christine Noth, direct abutters, who have recently purchased the Grace Baptist Church, were very opposed to this addition. They feel that his addition is too close to their property line and they purchased this land to have open space. They were aware that the Marcaccio's had a foundation, but they were informed by the Grace Baptist Church that the Marcaccio's could not construction their addition. The hearing closed at 8:00 P.M. The hearing on the application of David Bielan for a Finding per Sections 3.10.4.B and 6.2.2.1) of the Zoning By -Law to allow for an addition to be constructed to a pre- existing, non - conforming two - family dwelling, located at 46 Benefit Street in the R -3 Zone began at 8:00 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B'; and a Plan of Land dated April 27, 1995 prepared by David E. Grant, Mansfield, MA, was labeled as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. With seven (7) members present, they voted to send a positive recommendation on this application. It was the opinion of the Board that the petition does not derogate from the intent of the Zoning By -Law. Mr. Butler asked Mr. Bielan to present his case. Mr. Bielan explained that there was an error in the newspaper advertisement because his house is a one - family, not two - family. Mr. Bielan further explained that he has a rather small house and would like to construct a 12'x17 112" three - season room. It would be a one -story structure and would be a three -sided glass room. The hearing closed at 8:05 P.M. The hearing on the application of Susan Daganhardt for a Variance from Section 4, Schedule 4.2.1 of the Zoning By -Law, Density and Dimensional Requirements, to construct an addition with less than the required side yard setback, with the structure located at I 1 Matthews Lane in the R -1 Zone began at 8:00 P.M. The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B'; and an As -Built Plan prepared by Ralph Maloon, Professional Engineer, was labeled as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. "With seven (7) members present they voted not to send a recommendation because the application seems incomplete, as it shows the existing conditions, but not the location of the proposed addition." Minutes of June 6, 1995 Mr. Butler asked Mr. Daganhardt to present his case Mr. Daganhardt explained that he would like to construct an attached 2 -car garage and a connecting mudroom, where they would like to put their washer and dryer. The proposed mudroom would have a chimney in it and would be very cramped if they do not make it the proposed nine feet. The builder for this proposed addition, Brendan Faye, spoke in favor of this addition. Mr. Butler explained that these plans are not sufficient and the applicants need plans that are prepared by a registered land surveyor, with the house and the proposed addition dimensions. Mr. Daganhardt requested a continuance in writing until he can present the requested documents. Lauren Rachette, an abutter to Old Colony Motors, West Street, was present at this meeting and wanted the Board to know that she is concerned with the variance being granted to construct the showroom and she is very concerned that the value of her property will go down. A motion was made by Mr. DeTrolio and seconded by Mr. Daniels to grant a variance to Mr. Marcaccio. Vote 4 -1. Yes: Butler, Flynn, DeTrolio and Daniels. Reasons: (1) Hardship - unique shape of the land; (2) High water table precludes use of the basement as a laundry room or a workshop; (3) The addition will be in conformance with the aesthetics of the surrounding older homes of the East Mansfield common area; and (4) The existing lots are all small pre - zoning lots. No: Frederick (Reason: Infringes on the neighbors.) A motion was made by Mr. Flynn and seconded by Mr. Frederick to grant a finding to Ivor. Bielan. Unanimously granted. Butler, Flynn, DeTrolio, Daniels and Frederick. Reason: Does not constitute an increase in the non - conformity. Mr. Butler explained that he received a letter from Mr. Clemmey regarding the Special Permit granted last year on Old Farm Road. They would like an extension of time for one year. The Board agreed to table this letter until the next meeting and have Dick Lewis check the extension time period for a special permit. 4ir. Butler also drafted up some zoning amendments regarding findings and they should be passed on to Bert Cook and Shaun Burke. A motion was made by Mr. Flynn and seconded by Mr. DeTrolio to pass these amendments on to Bert and Shaun and that they adopt this language as written. Minutes of June 6, 1995 A motion was made by Mr. Flynn and seconded by Mr. DeTrolio to table the Minutes of May 16, 1995 until the nest meeting, June 20, 1995. The meeting adjourned at 9:45 P.M.