HomeMy WebLinkAboutZBA Minutes 8/8/1989ZONING BOARD OF APPEALS
MINUTES
AUGUST S, 1939
The Board of Appeals hold its regular meeting in the Town
Hail Mansfield, NA an 7:45 P kh Pr:Ssant at the hearing ww: a
the following members; Edward valanzola, Acting Chairman
place of George Wojtki.ewic=, Eric Butler, Acting Clerk in
place of Edward Valanzala y Mar -Lau Cotton.; Peter Defroli.o_
Associate P_=mhvr voting in place of Dr. Stanley Sony:
Richard Seemer, Associate Member voting in place of George
Woj tki ewicz.
The hearing for Jerry Kline for a Variance from Section IV
Schedule B of the Zoning By -Law to construct additions to an
existing dwelling at 45 Wind Chime Drive, with less than the
required front yard (on a corner lot) in the Agriculture
Zone began at : :50 P.M. The application was labeled as
Exhibit "A ", newspaper advertisement as Exhibit "B" Plan of
Land dated August 4, 1939, prepared by RIM Engineering Co.,
Inc. of Mansfield as Exhibit "C" and the Planning Board's
letter of July 23, 1939 as Exhibit "D ". The Planning Board
(6 members) voted unanimously to send a negative
recommendation on this application.
The applicant submitted a photo of the house and stretches of
the proposed addition. He explained the uniqueness of the
corner lot, the swampy area in the back yard, the character
of the neighborhood, etc. Favorable comments were noted from
an interested abutter. The hearing closed at 3:05 P.M.
The hearing for Edward T. Connell for a Variance from Section
1.E.11 of the Zoning By -Law to construct a detached .accessory
building (garage) on a lot at 653 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, began at
3 :06 P.M. The application was labeled as Exhibit "A" and
newspaper advertisement as Exhibit "B ". The hearing is to be
continued until September 5, 1939 in order for the applicant
to submit an acceptable Plan of Land.
The hearing for John and Claire Maragnano of 81 Pratt Street
for a Variance from Section IV Schedule B of the Zoning By
Law to sub- divide a parcel of land at 81 Pratt Street /Newton
Street, Lot 1 having an existing non - conforming dwelling, Lot
2 to have less than the required area and frontage, which is
non - -conforming in the Residence 8 Zone, began at 8:15 P.M.
SEP - 61989
Minutes of August 8, 1989
Page 2 of 4
The application was labeled as Exhibit "A ", newspaper
advertisement. as Exhibit "B" and Plan of Land dated June 15,
1988, prepared by Hutchins- Trowbridge Associates, Inc, of
Mansfield as Exhibit "C ".
The Planning Board (6 members) voted unanimously to send a
negative recommendation on this application.
Mr. Maragnano explained the history of the area in question
including the submission of various documents to support his
application. He also explained his proposal for a duplex,
one half to be occupied by his elderly mother, the other to
be rented to make the project financially feasible.
Favorable comments were noted from an interested abutter.
Also, favorable letters from James and Mary Ellen Shriver and
Paul and Margaret Donnelly, i.ntersted abutters, were read
into the record.
The hearing closed at 8:14 P.M.
Minutes of June 20, 1989 and July 11, 1989 were read and
approved.
The hearing for Durcon, Inc., D /B /A Durbano Construction of
61 Ware Street for a Variance from Section IV, Schedule B,
VI.l.b and VI.2.a of the Zoning By -Law to construct a duplex
building on a lot on West Church Street (Map 21 Lot 388),
owned by Mitchell B. Robbins of Boston, proposed building to
have less than the required frontage, buildable lot area and
water body setback in the Residence B Zone, began at 8:30
P.M.
The application was labeled as Exhibit "A ", newspaper
advertisement as Exhibit "B ", Plan of Land dated June 28,
1989, prepared by Hutchins - Trowbridge Associates, Inc. of
Mansfield as Exhibit "C ", Planning Board letter of July 28,
1989 as Exhibit "D ", Assessor's Map Mo. 21 dated 1959 as
Exhibit "E ", and Board of Selectmen Plan dated February 9,
1922 as Exhibit "F ".
The Planning Board (6 members) voted five in favor, one
opposed, to recommend that this application not be granted.
Mr. Anthony Durbano, the applicant, was present and
represented by James M. Lewis, Attorney from Attleboro.
c'
Minutes of August 8, 1989
Page 3 of 4
As the property in question is owned by Mitchell B. Robbins
of Boston, Mr. Valanzola requested the applicant's
authorization to act on behalf of the owner-. Mr-. Lewis sub-
mitted a copy of a Purchase and Sales Agreement for the
property, Paragraph 30E of said agreement was read into the
_=cord and accepted as the required ed authorization.
Mr. Lewis
,_
a:1 its � Ci:
addressed
wetlands.
Committee
gave a history of
ens: status, Mr-.
issues pertaining
The applicant is
later in the mont
the property in question as well
Michael Trowbridge, Engineer,
to drainage, topo of the land and
to appear before the Conservation
'n for approval.
Mr. Lewis explained that the hardship involved the shape and
size of the lot due to taking of lots twenty years ago.
Board members asked other- questions regarding the size of the
proposed duplex, the floor plan, parking area, etc.
Numerous abutters made comments and asked questions regarding
the title to the property, deed description, location of the
project, flood elevations, aesthetics of the proposed
building, etc.
The hearing closed at 9:2O P.M.
Motion made by Mrs. Cotton and seconded by Mr. DeTr - olio to
grant the Variance for Jerry Kline to construct_ a 24' x :6'
(plus or minus) garage and 8' x 10' (plus or ,minus) breezeway
in accordance with the plans submitted. Unanimously granted.
Motion made by Mr. DeTrolio and seconded by Mrs. Cotton to
grant the Variance for John and Claire Maragnano to construct
a 26' x 50' (plus or minus) duplex, on a lot on Newton Street .
(Map 22 Lot 60) with area of 8, 000 square feet (plus or
minus) and frontage of 80' (plus or minus) in accordance with
the plans submitted. Opposing board members commented that
the proposal would not detract from the neighborhood, but
that the applicant can use the lot as it is and does not have
a hardship. Mr. Detrolio and Mrs. Cotton, in flavor; Mr.
Valanzola, Mr. Secher and Mr. Butler, opposed. Variance
denied 3 A 2.
Motion made by Mr. Secher and seconded by Mr. Valanzola to
deny the Variance for Durcon, Inc., D /B /A Durbano
Construction to construct a 26' x 42' (plus or minus) duplex
on a lot on West Church Street (Map 21 Lot. 388) with frontage
Minutes of August 8, 1989
Page 4 of 4
of 93' (plus or minus), buildable area of 8,604 sq. ft.
(plus or minus) and 22' (plus or minus) water body setback in
accordance with the plans submitted. Unanimously denied due
to lack of adequate parking, lack of hardship, closeness to
the water, aesthetics of the proposed building and intense
use of the lot.
Board members voted a raise for Sharon Hilson, Administrative
Assistant.
Rills were signed.
Meeting ajourned at 10;00 P.M.
Respectfully suo9itted,
Eric E. Butler
Acting Clerk
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