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HomeMy WebLinkAboutZBA Minutes 11/21/19890 m 7gNlNG BOARD OF APPEALS MTNUTES NOVEMBER 21, 1989 The Board of Appeals held its regul�r meeting in the Town Hall, Mansfield, MA at 7:45 P.M. Present at the hearing were the following members: Georpe M. Nojtkiewicz, Chairman- Edward W. Valanznla, Clerk; Mary-Lou Cotton; Eric E. Butler; and Richard 3ccber/ Associate Member, The hearing for Ernesto F. DePonte n� 552 North Main G�reet nn an Appeal from the decision of tha inspector of D'Uildings b? letter of October 11� 1989 requiring a Variance from Section III,C of the Zoning By`'La`v f-mr an existing three family dwelling at 61 Park Street in the Residence C Znne, began at 7;55 P^M, Mr" Secher was appointed a voting member in place of Dr" Stanley Sohn. The Variance application was l,.jbeled as ''8x, ApPeals application as Exhibit "D", newspaper advertisement as Exhibit '/C» and Plan of Land dated July 26/ 1989, prepared by Nicholas Peinars, R"[.S, of Mansfield as Exhibit «D/". The Planning Board (6 members) voted four in favor and two vpposed to support the Inspector of Duildin9s (negative recommendation on the variance application), Mr" Wojtkiewicz explained that the applicant had filed two applicationsr (one appeal and one variance) and that the hoard would handle the two applications together" The applicant's grounds for appeal/variance were read into the record as well as� the Inspector of Building's \etter dated October 11, 1787. Joe Drugliera, Realtor, made the initial presentation on behalf of the applicant who was also present. The applicant submitted floor plans for each of the three units. The applicant purchased the dwelling as:, a three family dp/elling and it appears �o have existed this way for 20 years. Mr, cook, Inspector of Bu�ldings, was present and advise� that he has received abutters' complaints about parking and that the building needs to be brought up to the building code if it is allow--d to exist as at three family dwelling. Cowmen'ts were noted from interested, abutters^ Negative comments concerned the parking situation/ traffic, noise and tenant prcblems" Copies of a previous decision dated June 7, den-ii Variance �o chang�e structure at ng e t� 61 Park Street from a two fami�y to a three fpmily, were submittee� into the record. Pkotos of L I par1 PI situatian *ere also svbmi�ted. One abuttrr nppke in favcr of ths applicant. nutes of Novpmber 21, 19�� (con�in�ed) P*qe 2 of 3 One abutter noted that even though the app!iceni had recei,ed a lett,:i�r frcm the Building lnspector to ramove ths basement unit and was appealing thjs decisiox, t1e apertment was vacant only t=o weeks ago and the a�7lican� proceeded io reot it ovt again. The hearinc, rlossd a� 8;28 P.Mi. M:�i,�n nade hy Mr, lanzo1a and �ec end ed by M rs, Cot"*on L7. uphold the Decision of tbe Iosyec:tor cf Buj1dings. Comments inc1edeU the fac� that �be Lhree family dwell�ng was cl-at put in and is in violaticn o-c the Zoni:g Oy-Law. Unanimously voted io uphold the of the lnspector, of nuildings. Mo�ion ma�e '-iy Mr. and secccde6 Dktler to deni ths fcr a Varizcce for an thres �ani�y dwe'lIng a' 61 in accor�ance with t' e Plans su Lim; tteC' . Commenis Included the f�Dllowing: 1) App1ican� did nnL du this intec�ionallv, but could kave checked, th" situation o"t ic more de4-ai1 at the time of the purchase, 2' /Abutters' comments regarding the parting and impact on the neighhorlood. 3> building code violations 4) The basement unit was rented again in the past two week�, 5) 3ize of lot too small for a three family - not adequate parking 6> No tiardship exists in that rent has been collecte� c� this �r�per�y far twenty years. 7) It i�as bezn use� as �, �hree family �or twenty years in clear violation of the Zoning 8y-Lax. Ur. an4mo;s1�y denieC, 3|-taroc to type iL up as tno sep-:�,rate decisions, 8o*rd met with Attorne, Danie- �jch representing Argyrc M.cDonald of Canton. Atty. �icA exFressed the apP"icapt's / ccasen� to take cjowr� tte front bu�!AJinq on !-ot 2 to cZ�rry the \ �ot iinc, str/^jght Thus/ Lot 2 would then 6ecnme a ras�deoLia� lvt a:d only | variarce wnuld be reqeire� o� Lnt l f:r f'on\agc, Atty requestad in writing addi-13.on*l M- November 2�, 19G9 (continued) P�ge 3 of 3 ��ne �o prepare the necess*ry revisjons to the plot ylan for thp Board 's approval end vote" The Minutes of October I7, 1V89, and November 14, 1,189 were read and a�proved. A draft o� ��e �tat�ment of Fi:dinps, �reg�red by Mr^ Valanzrl�i' rscarding 4he Special Permit app licaLion of Gary � Robin �orget to construct a ccmplex (3 huilQings - 30 units) at 29 Webt-1: rear)` was read fcr the Board 's consideration. Board mew�ers preseni and voting or i'lis spplication (Mr, V*lanzo1a, Mrs, Cot-on, Mr. Sec "Ier Mr, 8utIer) (exclud��g T)r^ Sul-c| aqree� aitb the iraft. �r Ya�anzo1a commsst�� that the applicant had pciad in good be- �lad not satisfied the W ma, jcr i s s u e e o �n off end road conditions. Ir. Wojt�ia��icz cnmmen�ed on t�e app�ican�'s lack o� sensi v y to the impec he project cn tte ar,�a. 8ills signed Mee�ing *�zurned a� ��:2� P.M bmitts�, Valanznle Clerk / �