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HomeMy WebLinkAboutZBA Minutes 9/5/1989ZONING BOARD OF APPEALS MINUTES SEPTEMBER 5, 1959 The Board of Appeals held its regular meeting in the Town Hall., Mansfield, MA at 7:45 P.M. Present at the hearing were the following members; George H. Wojtk:iewicz, Chairman; Mary -Lou Cotton, Acting Clerk: in place of Edward W. Valanzola; Eric E. Butler; Dr. Stanley Sohn; Richard Sucher, Associate Member and Peter tleTr - olio, Associate Member-. The hearing for Edward T. Connell for a Variance from Section 1.E.11 of the Zoning Hy -Law to construct a detached accessory building (garage) on a lot at 658 Elm Street, said building to be more than 35% of the ground floor- of the main building, which is non - conforming in the Agriculture Zone, was continued from August 8, 1989 and began at 7 ;50 P.M. Mr. Richard Sucher- was appointed a voting member in place of Edward W. Valanzola, The applicant submitted a Flan of Land dated August 10, 1959, prepared by Peter Michael Ditto, Professional Engineer from Brookline, which was labeled as Exhibit "C ". The Planning Board (6 members) in their letter of July 28, 1989, voted unanimously to send a negative recommendation on this application. The applicant's grounds for Variance were read into the record. Mr. Connell gave a hisnory and future plans for the limo business which he and his wits are opera�ing and the necessity for the proposed garage for maintenance purposes, etc. A favorable letter dated August 7, 1934 from Roger- & Kathrine Varney was read into the record. There were no other, comments from any abutters. The hearing closed at 8 :09 P.M. The hearing_ for Ronald & Martha. Sullivan for a Variance from Section IV Schedule B of the Zoning ;=y -Law for an existing garage on a dwelling at 37 Riverside Drive with 1250 than the required side yard, which is non - conforming in the Residence A Zone, began at 8a10 F.M. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit: "B" and Plan of Land.dat:ed July Zia, 1989, prepared by RIM Engineering C o., Inc. of Mansfield, as Exhibit "C ". There was no Planning_ Board recommendation on this application. Minutes of September 5, 1989 Page 2 of 5 Mr-. DeTrolio was appointed a voting member in place of Mr. Valanzol.a. The applicant's grounds for Variance were read into the record. The applicants explained how the builder had assured them that there was sufficient side yardage for the garage, but upon selling their- home, the existing garage was found not to be in conformance by 1 -foot, There were no comments from any abutters. The hearing cloyed at 8:15 F.M. The hearing for 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 at 57 Charles Street to a three family dwel. ling, which is non - conforming in the Residence C Zone, began at 8;15 P.M. Mr. Secher was appointed a voting member in place of Mr. Valanzola. The application was labeled as Exhibit "A" and newspaper advertisement as Exhibit "R ". The hearing is to be continued until September 19, 3489 in order- for the applicant to submit an acceptable Plan of Land depicting the proposed change to the exterior of the building, i.e.... a fire escape. The hearing for Roy L. DeGirolamo of 52 Pleasant: fit. for a Variance from Section IV Schedule R of the Zoning By -Law to construct a single family dwelling at 158 Gilbert. Street, with less than the required frontage in the agriculture Zone, began at 9:30 P.M. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B" and Flan of Land dated June- 2V, 1984, prepared by RIM Engineering Co., Inc. of Mansfield as Exhibit: "C ". Mr. Detrol.io was appointed a voting member in place of Mr. Valanzol.a. There was no Planning Board recommendation received on this application. Mr. Wmitkiewic.z explained that a Variance had previously (July 17, 1984) been granted to Eileen Caponigro for this same application, but had never been recorded and therefore is now null and void. Mr. DeGirolamo explained how ne had come to purchase the property from Walmart. Minutes of September 5, 1959 Mr. Ed Marcaselli., of Walmart, explained how they had purchased the property from the estate of James O'Donnell for which Eileen Caponigro was the executor. No one had realized that the variance had never been recorded. There were no comments from any abutters. The hearing closed at SD$? P.M. Motion made by Mr. Butler and seconded by Dr-. Sohn to grant the Variance- request of Ronald and Martha Sullivan for an existing garage at 37 Riverside Drive with a side yard of 14' (plus or minus) in accordance with the plans submitted. Unanimously granted. The hearing for Donald & Mary Steele of V6 Rumford Avenue. for a Variance from Section V.C.3 and IV.C.1 of the Zoning By- -Law to demolish an existing structure at 50 Crocker Street, owned by the Town of Mansfield, in order to construct a multiple family dwelling ( 0 writs), with less than the required parking setbacks and buffer strips in the Downtown Business one, began at 3;- ^.9 P.M� Mr. Secher was appointed a voting member in place of Edward Valanzola. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B" and Plan of Land dated May 24, 1989, prepared by Hutchins -- Trowbridge Associates, Inc. of Mansfied showing existing site conditions proposed site conditions and proposed lighting and landscape as Exhibit "C ". There was no Planning Board recommendation on this application. The applicant's grounds for Variance were read into the record. Mary Steele presented the case by explaining that the plans would have passed ;-ruder the previous by-laws, but said by- laws had been changed before the transaction could tare place between the town and the Steeles. A letter was read from the Town Manager which requested a closing on the property by September- 15, 1989 or as soon as possible thereafter. An additional letter- dated August 30, 1989 from Tom Dwyer, (own ( *tanager, was read into the record. Said letter stated his and the Board of Selectmen's strong approval that this Variance be granted. - Minutes of September 5, 1709 (� � page of 5 Ms. Steele explained that the new by -law setbacks make the project financially not feasible especially considering that the existing Spaulding school is to be demolished. Twenty, furnished efficiency units are planned and designed for single people with one parking space per unit. Parking requirements seem adequate and approved by the Planning Board Minutes in thpir of July 26, 1482. M5,, Steele submitted a copy of the Floor plan as well as a rendition of the proposed building. Board members discusses; the lack: of restrictions in the by- laws re lot coverage, yardage, etc, An abutter, Mr. Vachon, came to see how the project world effect his property and had no comments on it. There were no other comments from any abutters. The hearing closed at 4¢1' P.M. Motion made by Dr. Sohn and seconded by Mrs. Cotton to grant the Variance request of Edward T. Connell to construct a detached garage (32' x 32' - plus or minus) at 658 Elm Street in accordance with the plans submitted. Dr-. Sohn indicated it would be a visual improvement. Mr. Secher mentioned the lack; of the required hardship. Other members commented on the business use in the Agriculture Zone derogating from the intent of the By -law, etc. Dr-. Sohn and Mr-s. Cotton in favor: Mr. Butler, Mr. Secher and Mr. Wojtkiewicz opposed. Variance denied 3 to :. Motion made by Mrs. Cotton and seconded by Mr. DeTrolio to grant the Variance request of Roy L. DeGirolamo to construct a single family dwelling at 158 Gilbert Street with frontage of, 17.46' (plus, or minus) in accordance with the plans submitted. Unanimously granted. Board members then discussed the Steele's Variance request and that they would be basing their decision based on the new By--laws, even though they had not yet been approved by the Attorney General. Motion made by Dr. Sohn and seconded by Mr. Secher to w=aive the buffer strip requirement and to allow one parking space per efficiency unit for the proposed twenty efficiency units planned after the demolition of the existing Spaulding School at 50 Crocker- Street in accordance with the plans submitted. Unanimously granted. Minutes of September- 5, 1989 Page 5 of 5 A letter- dated July 21, 1989 from Attorney Volterra was read. Said letter indicated that the court had overturned the Board's Decision regarding Alan Clapp vs. the Zoning Hoard and Karl Clemmey. Another letter dated August 11. 1989 from Attorney Volterra was read. Said letter submitted a sample decision which gives statements of findings which the Mansfield Zoning Hoard needs to state in their decision=__. Hills were signed. Decisions were signed for Kline, Maragnano and Durcon, Inc. Meeting a;ourned at 9e55 P.M. Respectfully submitted, Mary Lou Cotton Acting Clerk