Loading...
HomeMy WebLinkAboutZBA_03191996ZONING BOARD OF APPEALS MINUTES MARCH 19,1996 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; Duane Frederick, Associate Member; and Jack Vultaggio, Associate Member. The hearing on the application of Ruth Swanson for a Variance from Section 4.2 of the Zoning By -Laws to allow for a deck, with less than the required side and rear yard setbacks, to be added to an existing dwelling at 1813 West Street in the R -1 Zone began at 7:30 P.M. Mr. Vultaggio was appointed voting member in place of Mr. Secher for this hearing. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Zoning Plan dated February 9, 1996 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 six (6) members present they voted four (4) in favor with two (2) opposed to send a positive recommendation on the application: It is the opinion of the Board that the full utilization and enjoyment of the property will not impact the abutters, since the applicant owns the abutting property and a variance may be granted without substantially derogating from the intent of the zoning by -law." Mr. Butler asked Mr. Swanson to present his case. Mr. Swanson, the applicant's son, explained that his parents, who are both in their 80's, have always dreamed of putting a porch on their home. They are proposing a deck running across the back and side of the house that is 10 feet wide, which will provide handicapped access for Mr. Swanson, who is already 86 years old. The deck in back will be 5 feet from the water line and the sideyard deck will be two (2) feet from the sideyard setback. The applicant also own the property on the two (2) foot setback side. Also, there is a patio in the rear of the house, and the deck will be directly over that and will match the patio footprint exactly. The hearing closed at 7:50 P.M. Minutes of March 19, 1996 ( The hearing on the application of Dennis MacDonald for a Variance from Section 1.5.17a of the Zoning By -Laws to allow for a single family house lot, located at 513 Bird Road, with less than the required lot width for the R -1 Zone began at 7:50 P.M. The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B'; and a Plan of Land dated July 18, 1995 and revised on August 25, 1995 prepared by SELTEC Engineering, Inc., Northboro, MA, was labeled as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. "With six (6) members present they voted unanimously to send a positive recommendation on the application. It is the board's opinion that with the lot width at 197 fete, but not 200 measured a distance of 200 feet back from the frontage, the application clearly conforms to the intent of the Zoning By- Law." Mr. Butler asked Mr. MacDonald to present his case. Mr. MacDonald explained that when he purchased the property the frontage requirement was 150 feet, now it is 200 feet, and he needs a variance for lot width which is 200 feet and he only has 197 feet. Mr. MacDonald further explained that he intends to tear this house down and build a new one. The Board had a problem with an easement on Mr. MacDonald's plans. Mr. MacDonald feels he needs the easement for access to the property if he sells it. Mr. Flynn stated that he will not sign plans with an easement on them. The hearing closed at 8:05 P.M. The hearing on the application of James McCauley for Variances from Section 4.2 (Density and Dimensional Requirements) and 1.3.3 (provisions or Contiguous lots) of the Zoning By -Laws to allow for the change of lot lines between two lots held in common ownership resulting in one lot ( #25 -27 Linden Street), with a multi - family structure, with less than the required lot area and one conforming single family lot (corner of park and Linden Streets), located in the R -3 Zone began at 8:05 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of Land dated January 29, 1996 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 six (6) members present they voted unanimously to send a negative recommendation on the application. It is the board's opinion that with the application substantially derogates from the intent of the Zoning By- Law." Minutes of March 19, 1996 Mr. Butler asked Mr. McCauley to present his case. Attorney Edward Valanzola introduced himself and could not understand why the Planning Board had submitted a negative recommendation letter. Mr. Valanzola went on to explain that the property, with the 3- family home (7,205 square feet of land) was purchased in 1945 by the applicant's parents, Leo and Veronica McCauley, and in 1954 they obtained the vacant corner lot (13,056 square feet of land). In 1974 Veronica McCauley deeded both parcels to her children (the applicants). The applicants, Mr. McCauley and Ms. Buck, who are both in their mid sixties are retired and trying to put their estates and financial matters in order. Both are of modest means and it was always their mother's intention that the house and adjacent lot would assist them after they retire. The abutters are desirous of seeing the vacant lot cleaned and maintained, which would be done if a single family house is built thereon. Further, lot 1 conforms in all respects to the zoning by law and lot 2, upon which the house is located, will have 10,064 square feet of land (previously 7,205) and the lot line between the two lots will be moved to allow for 33' from the house to the new lot line. This results in two lots which are in conformity with the character, shape and size of other lots in the area. Abutters, Roland Deshaies, 60 Park Street; Lena Levesque, 70 Park Street; Lillian LeLacheur, 50 Park Street; and Bernie O'Malley, 40 Park Street were all in favor of a house being built on the vacant lot. Reasons: The lot is a mess and should be cleaned up; trash is being dumped there; kids hang out there; in the winter the plow completely buries the hydrant because it is in front of this lot; and it is an eyesore. The hearing closed at 8:25 P.M. Mr. Flynn read a letter dated March 19, 1996 from Steven I. Dean, Esq., Dean & Scott, 200 Chauncy Street, Mansfield, MA, to the Zoning Board of Appeals, into the record. "Pursuant to our conversation today, I am confirming our request that the above - referenced matter be continued until the next available date in April to permit Town Counsel and this office opportunity to fully review the effect of the attached Court order." A motion was made by Mr. DeTrolio and seconded by Mr. Flynn to deny a variance to Ruth Swanson. Unanimously denied. Reasons: requesting 5 feet from the water when they need 40; does not meet the criteria; derogates from the intent of the by -law; and is requesting 2 feet from the next sideyard property. A motion was made by Mr. Frederick and seconded by Mr. DeTrolio to grant a variance to Mr. Minutes of March 19, 1996 MacDonald on Bird Road. Unanimously granted with the condition that there is the removal of the 15 foot easement on the northerly side of the lot by the submission of new plans showing no easement. A motion was made by Mr. DeTrolio and seconded by Mr. Flynn to grant a variance to Mr. McCauley. Unanimously granted. Reason: meets all dimensional requirements. The application regarding OSCO to be put on the agenda for next meet since Richard is not here to vote. A motion was made by Mr. Flynn and seconded by Mr. Vultaggio to appoint Richard Secher Chairman of the Zoning Board of Appeals. Unanimously approved. A motion was made by Mr. Flynn and seconded by Mr. Vultaggio to appoint Donald Daniels Clerk of the Zoning Board of Appeals. Unanimously approved. A motion was made by Mr. Daniels and seconded by Mr. DeTrolio to approve the Minutes of February 20, 1996 with amendments. Unanimously approved. The meeting adjourned at 10:00 P.M.