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Home My WebLink AboutZBA Minutes 10/3/1989i OCT 1 91989 ZONING BOARD OF APPEALS �� _pp �°--t MINUTES ,..,TOWN 'l,��h��'�9�2 , OCTOBER 3, 1949 The Board of Appeals held its regular meeting in the Town Stall, Mansfield, MA at 7.45 P.M. Present at the hearing were the following members: George H. WoJtSiieuticz, Chairman; Edward W. Val.anzol.a, Clerk-, Mary -Lau Cotton„ Dr. Stanley Sohn: Eric Butler-; Peter DeTrolio, Associate Member, and Rickard Secher, Associate Member (arrived late). The hearing for Scott et Debra Kelcour-se for a Variance from Section IV Schedule B of the Zoning By -Law to construct an addition to an existing dwelling at 485 Ware Street with less than the required side yard, which is non-conforming in the Agriculture Zone, began at 7 -55 P.M. The application was labeled ay> Exhibit "A" newspaper- advertisement as Exhibit "B" and Plan of Land dated AugUSt 24, 1.9899 prepared by RIM Engineering Co., Inc, of Mansfield as Exhibit "C ". The Planning Board (5 members) voted 3 to to send a positive recommendation on this application. The applicant's gror.rnds for variance were read into'the record and applicant explained the necessity for the location of the proposed addition due to septic system layout. A favorable letter- from an interested abutter was read into the record, There were no comments from any other- abutters. The hearing closed at 8e04 P M. The hc�ring for Paul T. Thibault of 545 Maple Street to r_on:atrur.r_ a single -amily dwelling on a lot on Maple Street (Map 38, Lots 46 & 109) with less than the required frontage, which is non- conforming in the Agriculture Zone was scheduled for 8:00 P.M., but will not be opened until the next meeting October 17, 1939 by request of a representative of the applicant., spu-:ifically a letter dated October _, 1989 from Michael A. Trowbridge, Vice President of Hutchins Trowbridge Associates, Inc. Motion mad:= by Mr. Valanzola and seconded by Mrs. Cotton to grant th= Variance for Scott & Debre. Kel.course to construct a 2 x 24' ( -lus or minus) garage to an existing dwelling at 485 Wrar2 Sc;-,et with a, side yard of 20.25' (plus or minus) in accordance with the plans submitted, but noting that the Board do=ts Trot necessarily aj_ +prove the location of the pool as shown on said plan. Unanimously granted. Reasons for granting the Variance included that only one corner of the proposed garage impeded on the side yard requirement. Minutes of October 3, 1489 Page 2 of 4 Minutes of September 5, 1989 and September 19, 1484 were read and approved. Regarding the decision to be made on the application of James Fitzpatrick, Jr. of Westford for a Variance from Section III.D of the Zoning By -Law to convert an existing non- conforming two family dwelling to a three family dwelling, which is non - conforming in the Residence A Zone, a recommendation from the Planning Board was read into the record. In their letter of September 29, 1984, with five members present, the Planning Board voted 4 to 1 to send a negative recommendation on this application. Motion made by Mr. Butler and seconded by Mrs. Cotton to _ grant the requested variance with the proposed fire escape in accordance with the plans submitted. Reasons given included that the non - conforming use is already existing and has existed for quite some time and that the fire escape would eliminate an unsafe condition. Opposing comments included that it could be sold as.a three family and that the Board should not condone a third floor apartment which was built illegally. Mr. Butler, Mr-s. Cotton and Mr. Secher- in favor; Mr. DeTrolio and Mr. Valanzola, opposed. Variance denied 3 to 2. The hearing for Gary & Robin Forget of 163 Tremont Street for a Special Permit in accordance with Section V.F of the Zoning By -Law to construct a multiple dw.el.'ing complex (3 buildings -- TV units) at 29 Webb Place (rear) (Map 27 Lot 265), owned by Dana Kail of 39 East Street, in the Residence B Zone, was continued from September 1 ?, 1984 and began at 8:50 P.M. Before the hearing was officially opened, Mr. Valanzola, who was Acting Chairman at the original hear -ir.g., advised those present that the continuation was granted in order to receive input. from town department heads on this application. Not having received this information for this continuation, board needs to decide whether or not to continue the meeting again. Board members expressed their prefer-=nc= to have input from other departments. Therefore, motion was made by Mr. Valanzola and seconded by Mr. Secher to accept additional information from department heads for the next two weeks. Unanimously granted. Hearing offi.ciAlly opened, at 8 :50 P.M. Mr. Forget submitted documentation which was read into the record as follows: Minutes of October- 3, 1989 Page 3 of 4 1) Letter- dated September 22, 1989 from Mr, Rolfe, Engineer from S.L. Rolfe & Associates, to Mr. Swanson, Town Engineer, stating the projected Traffic Flow at the proposed project, "Robin Meadow ". 2) Exhibit 13 - Projected school-age children 3) Exhibit 15 - percent of school -age children in public school 4) Letter dated September 21, 1989 from Le. Joseph Sarr-o of Mansfield Fire Dept, to Mr. Forget with comments 5) Memo dated September 14, 1989 from Patrolman Lawson, Traffic Safety, to Chief Earls with recommendations 6) Statement of proposed restrictions Also, a Sewer- Certification dated October 3, 1989 was submitted into the record. At the conclusion of Mr. For -get's presentation, abutters made numerous comments. A petition containing approximately 142 signatures in opposition to the project was submitted as well as photos of the site and existing parking situation. Lissa Nylander of 15 Webb Place submitted documentation in opposition to the project. Other comments included-the validity of the site plan which did not list correct abutters, the preservation of open space in the town, income of the proposed tenants, validity of the traffic study and projected children in the project. Board members questioned the traffic study in that it did not take into account the existing traffic along with the projected traffic. The applicant is to provide this additional info based on a filly developed and completed project. Other questions concerned the width of the street, projected number of residents and children and drainage calculations. No perk tests have yet been done. Mr. Butler- requested drainage calculations based on a tested permeability. Mr. Wayne Keil, owner of property, gave his favorable comments on this project including that the non -- conforming. use would change to a permitted use and that Mr. Forget would not be an absentee landlord. Sharon to leave a copy of the site plan and building plan with the Town Clerk in order for the abutters tc view same. The hearing closed at 9.45 P.M., but allowing the department heads, applicant and /or- abutters to submit -further documentation. r Minutes of October 3, 1989 Page 4 of 4 Board members met with John C. Hurley of North Easton at 9:50 P.M. Mr. Hurley requested a motion to reconsider the decision made on September 19, 1989 to deny his expansion of a non- - conforming use at 274 f=ruit Street with less than the required side yard in the Agriculture Zone. Mr. Hurley proposed the relocation of the proposed building without requiring a side yard variance. Board members were polled as to whether to proceed with a revised plan or to request the applicant to reapply due to possible future procedural complications. Those in favor- of proceeding: Valanzola. Those in favor of reapplying: Mrs. Cotton and Mr. Butler. Mr. DeTr olio, Dr. Sohn, Mr. Mr-. Secher, Mr. Wojtkiewicz, Therefore, Mr. Hurley will reapply to the board with his revised plan. Board members agreed to meet in November on the 14th and 21st. Sharon to write a letter to the Planning Board advising that the Zoning Board would like to meet with them to go over the proposed Master Plan changes, but after the results of the Town Meeting. Sharon to readvertise the remanded decision for Argyro MacDonald. Board members agreed that only three originally signed decisions are necessary - one for applicant, one for Town Clerk: and one for ZBA file. Mr. Valanzola to research retention records for zoning_ board files, decision format, etc. Bills were signed. Decisions were signed for Lenahar. and Hurley Meeting ajourned at 10 :45 P.M. i Respectfully submitted, /ward W. Valanzola