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HomeMy WebLinkAboutZBA_06041996I ZONING BOARD OF APPEALS MINUTES JUNE 4,1996 I I 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: Richard Secher, Chairman; Donald Daniels, Clerk; Eric Butler; Leonard Flynn; Peter DeTrolio; Duane Frederick, Associate Member; and Jack Vultaggio, Associate Member. The hearing on the application of Robert Gagnon for a Variance from Section 4.2.1 of the Zoning By -Law, to allow for a detached garage to be constructed with less than the front yard setback required for a house (1405 West Street) located on the corner of West and Morgan Streets in the R -1 Zone began at 7:30 P.M. Mr. Frederick was appointed voting member in place of Mr. Daniels (who arrived after the hearing began.) Mr. Flynn was appointed Acting Clerk (in place of Mr. Daniels). The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B"; and a Plan of Land dated April 22, 1996 prepared by Rim Engineering Co., Inc., 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 unanimously to send a negative recommendation on the application. It is the opinion of the Board that the intent of the greater sideyard setback requirement for comer lots is for additional sight distance for motor vehicles. The board recommends the applicant explore an alternate means of placing the garage on the lot in order to avoid the need for a variance." Mr. Secher asked Mr. Gagnon to present her case. Mr. Gagnon explained that he would like to add a garage to the house. The plans show the garage as detached, but he has changed his mind and would like to attach the garage directly to the house. Mr. Gagnon has chosen this location on his property to place the garage because he would like to use the existing driveway and enter the house through the kitchen. Minutes of June 4, 1996 The Board agreed that they need to see new plans that accurately show what the applicant is proposing to do, but even if the new plans are drawn up, it is not a guarantee how the Board will vote. A motion was made by Mr. Butler and seconded by Mr. Flynn to continue the hearing until new plans are presented to the Board. Unanimously approved. (Voting members: Secher, Flynn, Butler, DeTrolio, Frederick.) The hearing on the application of David DeGirolamo for a Variance from Section 3.9.5 of the Zoning By -Law, to allow for the creation of an Accessory Apartment where the main structure is less than the required 2,000 square feet, with said buildings located at 445 North Main Street, in the B -1 Zone began at 7:45 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of Land dated February 5, 1995 prepared by David E. Grant, Registered Land Surveyor, Mansfield, MA, was labeled as Exhibit "C ". Mr. Daniels read a letter from the Planning Board into the record. "With seven (7) members present they voted unanimously to send a positive recommendation on the application. It is the opinion of the Board that given the age and size of the structure, a positive recommendation is in keeping with the intent of the Zoning By- Law." Mr. Secher asked Mr. DeGirolamo to present his case. Mr. DeGirolamo explained that he and his brothers own the house and he, his wife and son want to buy the house from his brothers. Mr. DeGirolamo further explained that on May 8, 1996 the Planning Board voted unanimously in support of a motion to grant a special permit for the conversion of an existing garage into an accessory apartment, subject to conditions, including obtaining a variance from the Zoning Board of Appeals. Mr. DeGirolamo would like to add a 200 square foot addition on the garage for a kitchen and bathroom for his son to live. The other unit, of the main house, will continue to be occupied by a person at least 55 years old. It is now occupied by Angelo and Dorothy Risotti, who were born in 1916 and 1923, respectively. The gross area of the main house is 1,470 square feet. The garage, which is attached by an overhang, is 400 square feet. The addition to the garage is 200 square feet. The accessory apartment will be connected to public water and sewer through the main house and will be separately metered. Also, there was no opposition to this application or the application of the Planning Board. The hearing closed at 8:00 P.M. Minutes of June 4, 1996 The hearing on the application of Karen Laper for a Variance from Section 4.2.1 of the Zoning By -Law, to allow for a deck, with less than the required side and rear yard setbacks, to be added to a house located at 82 Cottage 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 Mortgage Plan dated December 31, 1992 prepared by Philip L. Pattison, R.L.S., Arlington, MA, was labeled as Exhibit "C ". Mr. Daniels read a letter from the Planning Board into the record. "With seven (7) members present they voted unanimously to send a positive recommendation on the construction of a bulkhead cover, and a negative recommendation on the construction of a deck. It is the opinion of the Board that the construction of a deck would infringe considerably on both the side and rear yard setbacks, and substantially derogates from the intent of the Zoning By -Laws. The bulkhead, however, would not." Mr. Secher asked Mr. Laper to present his case. Mr. Laper explained that he would like to build a cover for his bulkhead entrance and construct a 21'x12' deck. Abutters, Selwyn Stearns of 37 Chilson Avenue, David DelloRusso and Nancy Bittner, 31 Chilson Avenue, were present at the hearing and were all in support of the applicant. All of these house are very close together and on very small lots. The hearing closed at 8:10 P.M. A motion was made by Mr. Butler and seconded by Mr. Daniels to grant a variance to Mr. DeGirolamo. Unanimously granted. (Secher, Daniels, Flynn, Butler, DeTrolio) A motion was made by Mr. Flynn and seconded by Mr. Butler to grant a variance to Mr. Laper with the condition that it is an uncovered, single -story deck. Reasons: size of lot; character of neighborhood; reasonable addition. (Secher, Daniels, Flynn, Butler, DeTrolio) Mr. Flynn excused himself from the room for the next discussion. Mr. Daniels read a memo dated June 3, 1996, from the Police Department, PLTM, L.M.Lawson, regarding the Conservation Commission Area, Oak Street, into the record. "I have checked the accident histories for the Oak Street location of the proposed conservation area parking lot. This area is not a high accident location as defined under the Mass Highway Department or the U.S. Department of Transportation standards. While the roadway does contain a sharp ninety degree Minutes of June 4, 1996 curve within the immediate area of the proposed parking lot, the accident history for the curve is low. Accident histories for the years 1990 through this year to date are as follows..." A motion was made by Mr. DeTrolio and seconded by Mr. Butler to grant a variance to the Conservation Commission with the conditions that: (1) the sign must be wood; (2) the size of the sign shall not exceed 16 square feet; and (3) the bottom of the sign shall be a maximum of 3 feet off of the ground. Unanimously granted. (Daniels, Butler, DeTrolio, Frederick, Vultaggio). Since the ZBA meets only once a month during the summer months, it was agreed to meet on the third Tuesday of July (July 16, 1996) and the third Tuesday of August (August 20, 1996). The Minutes of May 21, 1996 need revisions. The meeting adjourned at 9:45 P.M. Respectfully submitted, /f, ` D` s, C lerk