HomeMy WebLinkAboutZBA_10051999ri
ZONING BOARD OF APPEAI:S F
MINUTES
OCTOBER 5, 1999
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 Devine, Chairman; Leonard Flynn,
Clerk; Eric Butler; Richard Secher, and Jack Vultaggio, Associate Member.
Mr. Vultaggio was appointed voting member for this hearing in place of Mr. Daniels.
The Board waited for a quorum until 8:00 P.M. (Mr. Devine was late for the meeting and did not
arrive until approximately 8:15 P.M.) At 8:00 a motion was made by Mr. Flynn and seconded by
Mr. Secher to appoint Mr. Butler Acting Chairman for the first hearing. The applicant was
informed of the quorum situation and she decided to proceed with four members (Flynn, Butler,
Secher and Vultaggio.)
The hearing on the application of Kathleen A. Deely for a Finding per Sections 3.10.4.13 and
6.2.2.D of the Zoning By -Law to allow for the alteration [proposed deck and stairway to 2nd
floor apartment] to a pre - existing, non - conforming two - family home, said property located at
48 -50 George Street in the R -2 Zone began at 8:00 P.M.
The application as labeled as Exhibit "A "; a newspaper advertisement was labeled as Exhibit 'B ";
and a Mortgage Inspection Plan dated 3/12/88 and prepared by Fleming B. McCarthy, Land
Surveyors, 38 Pond Street, Stoneham, 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 positive recommendation on the application. It is the opinion of the
Planning Board to because the deck will not exceed the footprint of the existing structure, the
pre- existing, non- conformity will not be increased and a Finding is warranted."
Mr. Butler asked the applicant to present his case.
Ms. Deely explained that she would like to provide a second entrance for the second floor
apartment and they would like to add a deck on the second floor over the existing dining room
with a set of stairs coming down.
Minutes of October 5, 1999
Page 2 of 4
Mr. Butler requested that the applicant sketch out exactly where these stairs will be on the plan
and the decision of the Board is subject to the receipt of these plans.
The hearing closed at 8:15 P.M.
Mr. Devine arrived and assumed his position as Chairman.
The hearing on the application of Stanley Feck for a Variance from Sections 4.2.1, 1.5.17a, and
1.5.14 of the Zoning By -Laws, to allow for the construction of a house on a lot, in the R -1 Zone,
with less than the required frontage and lot width, and to allow access to the lot through an
easement off of Tremont Street, said property is referenced as Assessor's Map 9, Parcel 4, and as
shown on the submitted plan as 90 Tremont Street began at 8:15 P.M.
The application as labeled as Exhibit "A'; a newspaper advertisement was labeled as Exhibit "B';
and a Plan A Preliminary Plan in Mansfield, MA dated September 17, 1997 and revised on July
20, 1999 prepared by Ralph Maloon, RIM Engineering Co., Inc., Mansfield, MA, was labeled as
Exhibit "C ". Flynn 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 the proposed access is a far better location to the property and
it would be a hardship, both to the applicant and the Town, if they were forced to do a
subdivision. The Planning Board further supports this Variance request because the applicant is
assuring the Town that the property will be for one single - family home in perpetuity."
Mr. Devine asked the applicant to present his case.
Stanley Feck and Ralph Maloon explained that they are requesting to place a single family
dwelling on 16.5 acres of land off of West Street. In 1997 a similar applicant was made to the
Board. During the hearing the applicant was asked if he was willing to restrict the property to
one single family house, he stated no and his request was denied. In April, 1999 the applicant
applied to the Planning Board restricting the property to a single family dwelling. Originally, the
applicant was requesting a driveway from West Street, but they have removed that request and
only want a driveway from Tremont Street. The issue of whether this driveway off of Tremont
Street would be on an easement or a right -of -way. The Board requested to see copies of the
Deeds and if this is a right -of -way, it is much different than an easement. Also, the applicant
stated that this house will be tied into town sewer.
Minutes of October 5, 1999
Page 3 of 4
An abutter, Lynn Saunders of 51 Smith Road wanted to see the plans and exacting where the
house would be placed. She was also concerned that her stone wall might be ruined if a
snowplow hit it. The Board informed her that it is illegal for anyone to take down her stone wall,
as long as it is actually on her property.
Mr. Crisp of 92 Tremont and his sister, Ms. White, were concerned between this proposed
driveway would be between their houses. There has been no use of this right -of -way for over 20
years. They were also concerned that the driveway would come too close to their detached
garage.
Mr. Feck explained that he is only going to pave the driveway 12 feet wide and he will make it
look very nice. He even said he would plant bushes or trees if the abutters requested it.
The Board requested documents clarifying the right -of -way issue.
The applicant requested a continuance in writing until the October 19, 1999 hearing in order to
get all documents in order.
The hearing closed at 8:45 P.M.
The applicant of Robert Fredette, Fruit Street, continued from August 17, 1999 was discussed.
Mr. Flynn explained that he talked with the Rec. Department, and different town officials and no
one is interested in obtaining this land. A motion was made by Mr. Butler and seconded by Mr.
Vultaggio to deny the variance to Mr. Fredette. Unanimously denied (5 -0) (Butler, Vultaggio,
Secher, Devine, Flynn) Reason: creating two non - conforming lots, no hardship.
The applicant of Mr. and Booker, 1399 East Street, continued from August 17, 1999 was
discussed. A motion was made by Mr. Vultaggio and seconded by Mr. Flynn to deny the Special
Permit to Mr. and Mrs. Booker. Motion Denied (4- t) Those in favor; Secher, Devine, Flynn,
Vultaggio. Those opposed; Butler. Reasons: The computer business was less intrusive in the
neighborhood; this use far exceeds what the computer business was. This is a full blown auto
repair business and not an appropriate use in an R -1.
The application of Hidden Realty Trust (Homestead), continued from August 17, 1999 was
discussed. No requested documents were presented by the applicant. A motion was made by Mr.
Butler and seconded by Mr. Vultaggio to deny a Special Permit to Hidden Realty Trust.
Unanimously denied. (Devine, Secher, Butler, Flynn, Vultaggio).
Minutes of October 5, 1999
Page 4 of 4
A motion was made by Mr. Secher and seconded by Mr. Vultaggio to grant a Finding to Kathleen
Deely with the condition that amended plans are submitted showing that the relocation of the
stairs are no closer to the existing property line. Unanimously approved (4 -0), Secher, Vultaggio,
Flynn, Butler.
The meeting adjourned at 9:30 P.M.
? v-�