Loading...
HomeMy WebLinkAboutZBA_12101995ZONING BOARD OF APPEALS c�)i °,l25 P i12 :44 MINUTES DECEMBER 19,1995 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, Chairman; Leonard Flynn, Clerk; Richard Secher; Donald Daniels; Duane Frederick, Associate Member; and Jack Vultaggio, Associate Member. The hearing on the application of James Musto for a Finding per Sections 3.10.4.B and 6.2.2.D of the Zoning By -Laws to allow for a garage and breezeway to be added to a pre- existing, non - conforming home located at 1012 East Street (R -2 Zone) began at 7:30 P.M. Mr. Frederick was appointed voting member in place of Mr. DeTrolio for this hearing. Mr. Vultaggio was appointed voting member in place of Mr. Daniels for this hearing. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit 'B "; and a Plan of Land dated November 9, 1995 prepared by Hutchins - Trowbridge Associates, Inc., Mansfield, MA, was labeled as Exhibit "C ". Mr. Butler asked Mrs. Musto to present his case. Mrs. Patricia Musto explained that they would like to add a garage on to their pre - existing, non - conforming house The hearing closed at 7:35 P.M. A motion was made by Mr. Frederick and seconded by Mr. Flynn to grant a finding to Mr. and Mrs. Musto. Motion granted 5 -0. Butler, Flynn, Secher, Frederick, Vultaggio. Mr. Daniels arrived a few minutes late for the meeting. Minutes of December 19, 1995 The hearing on the application of Joseph Rose for a Finding per Sections 3.10.4.B and 6.2.2.D of the Zoning By -Laws to allow for a deck and porch to be added to a pre - existing, non - conforming home located at 3 Summer Street (R -3 Zone) began at 7:40 P.M. Mr. Vultaggio was appointed voting member for this hearing in place of Mr. DeTrolio. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of Land dated November 9, 1995 prepared by Hutchins - Trowbridge Associates, Inc., Mansfield, MA, was labeled as Exhibit "C ". Mr. Butler asked Mr. Rose to present his case. Mr. Rose explained that he would like to add a 12'x16' three- season porch with an attached 8'x10' deck to an existing non - conforming home. The hearing closed at 7:45 p.m. A motion was made by Mr. Flynn and seconded by Mr. Secher to grant a finding to Mr. and Mrs. Rose. Motion granted 5 -0. Butler, Flynn, Secher, Daniels, Vultaggio. The hearing on the application of Billie Whitney for a Variance from Sections 4.2.1 and 1.5.17a of the Zoning By -Law to allow for a residential house lot [Lot 1, West Street, adjacent to 244 West Street] with less than the lot frontage and lot width required for the R-2 Zone began at 7:50 P.M. Mr. Frederick was appointed voting member in place of Mr. DeTrolio for this hearing. The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B'; and a Plan of Land dated November 9, 1995 prepared by David E. Grant, Professional Land Surveyor, Mansfield, MA, was labeled as Exhibit "C ". Mr. Butler asked Mr. Whitney to present his case. Mr. Whitney explained that the present owners of the property are the daughters of William and Marion Freeman. The original purchase of this property and its 5.82 acres was in 1943 and has always had the ability to be subdivided into at least two lots until a zoning change in 1989. The zoning change has created a hardship due to the elongated depth and narrow width configuration. ( The property now lacks sufficient frontage by only 0.27 of a foot (3 114 inches) for two lots and Minutes of December 19, 1995 due to the lot "widthidepth" regulation, the property now does not meet the three hundred (300) feet of width necessary for two (2) lots by seventeen and 76/100 (17.76) feet. Both of the proposed lots shown on the accompanying plan have areas of 2.91 acres and depths in excess of 1000 feet. Lot 2 will conform totally with the Zoning By -Law. The applicant is requesting a variance for Lot I only as to frontage and lot width. All structures will conform as to front, side and rear yard setbacks requirements of the Zoning By -Law. The applicant also feels this will improve the neighborhood instead of having just a vacant lot. All abutters present were concerned with whether more than one house could be put on each lot, drainage and taking down the trees. The hearing closed at 8:15 P.M. A motion was made by Mr. Secher and seconded by Mr. Frederick to grant a variance to Billie Whitney. Unanimously granted (5 -0) Butler, Flynn, Secher, Daniels and Frederick. Reasons: Only a single family home will be built; 3 1/2 inches is very minimal; the hardship is the shape of the lots; and meets all requirements except for the 3 1/2 inches. The hearing on the application of John Fullerton for a Variance from Section 4.2.1 of the Zoning By -Law, to allow for a garage and breezeway to be added to a home, located at 27 Sturbridge Drive, resulting in less than the side yard setback required for the R -i Zone began at 8:15 P.M. Jack Vultaggio was appointed voting member in place of Peter DeTrolio for this hearing. The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B'; and a Plan of Land dated November 16, 1995 prepared by Ralph Maloon, Registered Land Surveyor, Mansfield, MA, was labeled as Exhibit "C ". Mr. Butler asked Mr. Fullerton to present his case. Mr. Fullerton explained that he decided to have a breezeway and garage put on his house. He called Rim Engineering and had them come down and stake and mark the lot so they would know how far they could build out. The applicants interviewed contractors and hired Dennis Bartel to do the work, and when they complained about the lack of heat in the breezeway they were informed by Mr. Bartel that he had not obtained a building permit. When Mr. Bartel tried to obtain a permit from Mr. Cook, he was informed by the Building Inspector that he now needed a variance. The builder has not completed the garage and the applicants have not been able to get in touch with him for a few weeks. Minutes of December 19, 1995 The applicants also presented a letter dated December 18, 1995 signed by 10 abutters showing their favorable support of the addition. The hearing closed at 8:30 P.M. A motion was made by Mr. Vultaggio and seconded by Mr. Secher to grant a variance to Mr. and Mrs. Fullerton. Granted 4 -1. Yes. Butler, Secher, Daniels, Vultaggio. No. Flynn. A motion was made by Mr. Daniels and seconded by Mr. Secher to approve the Minutes of December 5, 1995. Unanimously granted. A motion was made by Mr. Secher and seconded by Mr. Vultaggio to approve the Minutes of November 21, 1995. Unanimously granted. 9:15 P.M.