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HomeMy WebLinkAboutZBA_12211999ZONING BOARD OF APPEALS MINUTES DECEMBER 21, 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; Richard Secher, Eric Butler; Olivier Kozlowski; Jack Vultaggio, Associate Member and Elisabeth Miller, Associate Member. The hearing on the application of Greg Matoian for a Variance from Section 4.2.1 of the Zoning By -Law to allow for an addition with less than the required sideyard setback, said existing house located at 3 Coach Road in the R -1 Zone began at 7:40 P.M. Mrs. Garber - Miller was appointed as voting member for this hearing in place of Mr. Kozlowski, who arrived late after this hearing began. The application as labeled as Exhibit "A'; a newspaper advertisement was labeled as Exhibit "B "; a Proposed House Addition to Hse. No. 3 Coach Road in Mansfield, MA dated December 7, 199 and prepared by RIM Engineering Co., Inc., Mansfield, MA, was labeled as Exhibit "C"; and computer generated pictures of the proposed addition prepared by M.J.M. Building Design, I 1 Bungay Road, Mansfield, MA, was labeled as Exhibit "D ". Mr. Flynn read a letter from the Planning Board into the record. "With five (5) members present, they considered the above - referenced application. It was the opinion of the Board that the applicant does not provide any justification for a hardship, nor was the Board able to determine from any information provided how close the nearest abutter would be. The Planning Board therefore voted unanimously not to make a recommendation on this application." Mr. Devine asked the applicant to present his case. Mr. Matoian explained that he would like to add a farmers porch in the front of the home and a 26' x 40' addition which would include a single car garage, mud room and a family room or living area to the side of his property. He would like to expand his living space, add a garage and to create a casual entry space. Mr. Matoian explained that he chose the side of his home for this addition because the septic is in the rear year. Minutes of December 21, 1999 Page 2 of 4 An abutter, Peter Detrolio, of 496 Elm Street, stated that he has no objection to the applicants request. The hearing closed at 7:45 P.M. The hearing on the application of Anthony Sabatino for a Variance from Section 4.2.1 of the Zoning By -Law to allow for an addition with less than the required sideyard setback, said existing house located at 15 Donovan Lane in the R -1 Zone began at 7:45 P.M. The application as labeled as Exhibit "A'; a newspaper advertisement was labeled as Exhibit "B'; and a Zoning Board Plan 15 Donovan Lane dated November 10, 1999 and prepared by Hutchins - Trowbridge Associates, Mansfield, MA, was labeled as Exhibit "C ", Flynn read a letter from the Planning Board into the record. "With four (4) members present, they voted three (3) in favor and one (1) opposed to send a positive reconmiendation. It is the opinion of the Planning Board that a hardship exists due to the unique shape of the lot and the request does not derogate from the intent of the Zoning By- Law." Mr. Devine asked the applicant to present his case. Mr. Sabatino explained that his wife is expecting her fourth child and they would like to take down the existing one car garage and add a two car garage with a bedroom over it for more room. Mr. Sabatino further stated that his family loves the neighborhood and they do not want to move. The unique shape of the lot is the hardship and even with the proposed addition there will still be 60 feet between the applicant and the abutter's property. Abutters, Steven Cote, 14 Donovan Lane; AI Petrillo, 11 Donovan Lane; and Kris and Dennis Philbrook, 7 Donovan Lane, were all in support of the applicants application. The hearing closed at 7:55 P.M. A motion was made by Mr. Butler and seconded by Mr. Secher to grant a variance to Mr. Matoian. Reasons: it is a small lot and no abutters were opposed; the front line of big trees would screen the addition; and the septic is in the rear. All in favor (Butler, Secher) - All opposed, Flynn, Devine, Garber - Miller. (Motion fails 3 -2) Reason: No Hardship Proven. Minutes of December 21, 1999 Page 3 of 4 A motion was made by Mr. Secher and seconded by Mr. Kozlowski to grant a variance to Mr. Sabatino. Unanimously granted (Secher, Kozlowski, Butler, Devine, Flynn). Reasons: On a cul -de -sac, near highway, and unique shape of the lot. Mr. Matoian asked the Board if he could reapply to the Board in less than two years if is application is substantially different. The Board explained that his Planning Board would review the new submitted plans and made a recommendation if it was substantially different from the older submitted plans. Mr. Travers (Webster Street) which was continued from November 16, 1999 presented to the Board the requested documentation in writing to prove that Noonan Street was an abandoned road. Mr. Travers presented a letter from the Town Manager and Attorney Mangiaratti's office that showed that the street was in fact abandoned. A motion was made by Mr. Secher and seconded by Mr. Butler to grant a variance to Mr. Travers. All in favor (Secher, Butler, Devine, Kozlowski) All opposed (Flynn). Motion passes 4 -1. Reason: Every action has been favorable toward the applicant. Mr. Flynn suggested that Mr. Travers try to obtain some land from Noonan Street at Town Meeting and when the land is obtained, file all documents in the registry to make everything legal. The hearing on David Ryan, 30 Mayflower Road, continued from November 16, 1999 was voted upon. A motion was made by Mr. Butler and seconded by Mr. Secher to deny a variance to Mr. Ryan. Motion Denied 5 -0 Reason: No documentation was presented to the Board. (Butler, Secher, Flynn, Devine, Kozlowski.) The hearing on William Richard (905 South Main Street) was discussed. A memo from Ptlm. L. M. Lawson (Traffic Officer) dated Monday, December 20, 1999 to Dick Lewis was read into the record. "Proposed South Main Street Office Building: At this time, the site plan as submitted appears to be a preliminary plan and only shows the minimum amount of information. It does not show enough information to make a determination as to any traffic safety hazards. I conducted an on site check this morning and discovered that no location staking has been done as required. I would require that point 0 +0 of the new driveway be located and marked. This reference point is needed to determine if any sight distance, slide to stop distances, or turning movements conflicts will exist between the new driveway and the Tweeter Center egress points....." Minutes of December 21, 1999 Page 4 of 4 A motion was made by Mr. Butler and seconded by Mr. Flynn to grant a motion to Mr. Richards with the condition that there is no paid public parking. (Mr. Vultaggio stated that this condition is ridiculous and you cannot put a restriction on this parking and the Board is overstepping its boundaries.) Variance Unanimously Passes (Butler, Devine, Flynn, Kozlowski, Garber - Miller. The hearing on the Mansfield Health Center was discussed. Attorney Valanzola presented the requested photographs of the proposed signs with dimensions and both signs are internally illuminated. A motion was made by Mr. Butler and seconded by Mr. Vultaggio to grant a variance to the Health Center. Unanimously approved. (Devine, Butler, Flynn, Kozlowski, Vultaggio). Reasons: Medical facility; broad geographic area; in summer vegetation makes old sign invisible. In regard to Tweeter Center and Feck Decisions the Board requested that new plans be drafted. For Tweeter the plans should include dimension and exact location of stage and for Feck, there should be a description that describes only for one single family home. A motion was made by Mr. Vultaggio and seconded by Mr. Flynn to approve the Minutes of February 16, 1999 (were waiting for copy of signed agreement with Church); October 19, 1999; November 16, 1999 (with amendments); and December 7, 1999 (with amendments). Unanimously approved. The meeting adjourned at 10:00 P.M. Respec I sub; to , ndrd ynn, Clerk