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HomeMy WebLinkAboutmin of zba 022007 RECEIVED r' 1 ,- n t(,~. 0 r: F ! C E MINUTES r FEBRUARY 20. 2007 H,Ldtjl lELO HAsst\CHUSETTS The Zoning 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: Jack Vultaggio, Chairman; Elisabeth Garber-Miller, Clerk; Eric Butler; Peter DeTrolio; and Kevin Mackie. A hearing on the application of Bruce and Kathryn Rubin for a Variance from Section 4.2.1 of the Zoning By-Law, for the construction of a proposed 2-car garage w/family room above with less than the required side yard setback at 91 Branch Street in the R-l Zone began at 7:30 P.M. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Zoning Plan 91 Branch Street dated January 18,2007 and prepared by Hutchins-Trowbridge Associates, Inc., and labeled asExhibit "C". Ms. Garber-Miller read a letter from the Planning Board into the record. "With seven (7) members present, the voted unanimously to send a negative recommendation on this application because it does not meet the statutory requirements for the grant of a variance and because there may be alternatives for this construction. If you have. any questions, please contact the Planning Department." , r Mr. Rubin presented plans of the proposed addition to the Board and explained they would like to add a 2-car garage with a room above. They have laid it out this way with an architect to also have an entrance way. They had considered putting the addition on the rear of the house, but it would encroach on the family room that is located in the back of the house. The Board was concerned with the size of the proposed garage and asked why the applicant could not make the garage two feet smaller. The applicant explained that they want a door on the garage as an entranceway, in order to access the house and to make it aesthetically appealing. The hearing closed at 7:40 P.M. A motion was made by Mr. Butler and seconded by Mr. DeTrolio to grant a variance to Mr. and Mrs. Rubin. The Board noted that the applicant is only requesting a 2 ~ foot variance, which is a relatively. modest .request, and has a need to accommodate interior stairs. (Vultaggio, Butler, Garber-Miller, DeTrolio, Mackie). Unanimously granted. A hearing on the application of Alex Nosovitski for a Variance from Section 4.2.1 of the Zoning By-Law, for the construction of an existing 2-car garage with less than the required side yard setback at 8 Partridge Lane in the R-l Zone began at 7:45 P.M. (' MINUTES OF FEBRUARY 20. 2007 r Pa2e20f4 The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Certified Plot Plan of Land in Mansfield, MA dated January 15,2007 and prepared by RIM Engineering Co., Inc., Mansfield, MA was labeled as Exhibit "C". Ms. Garber-Miller read a letter from the Planning Board into the record. "With seven (7) members present, the Board voted five (5) in favor with one (1) abstention to send a positive recommendation on the application. If you have any questions, please contact the Planning Department." Mr. Nosovitski explained that the original plot plan was used when obtaining the building permit and it showed approximately 58' instead of the 56'. The as-built plan did not match the original plan and the garage was already built. He is requesting a variance for approximately 9 inches. The Board noted that there is no evidence of bad faith on the part of the applicant, that it would be a hardship for him to reconstruct the entire garage for such a de minimus encroachment, and that a building permit was granted using the original plot plan. The hearing closed at 7:50 P.M. (' A motion was made by Mr. Butler and seconded by Mr. Mackie to grant a variance to Mr. Nosovitski. All in favor - (Vultaggio, Butler, Garber-Miller, DeTrolio, Mackie). Unanimously granted. A hearing on the application of Ron Nelson, Executor of the Estate of Marguerite Nelson, for a Variance from Section 4.2.1 and Section 1.5.17a of the Zoning By-Law, for the creation of two lots with less than the required lot frontage, lot width, and square footage, to allow the construction of a single family house at Lot 2 at 94 Park Street in the R-2 Zone, began at 8:0 P.M. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Plan of Land in Mansfield, MA dated August 4,2003 and prepared by RIM Engineering Co., Inc., Mansfield, MA and labeled as Exhibit "C". Ms. Garber- Miller read a letter from the Planning Board into the record. "With seven (7) members present, the voted unanimously to send a negative recommendation on this application because it does not meet the statutory requirements for the grant of a variance. If you have any questions, please contact the Planning Department." ~ MINUTES OF FEBRUARY 20. 2007 PAGE 3 of4 r Edward Valanzola, attorney, introduced himself and explained that he represented Ron Nelson, who is the executor of his mother estate. Mr. Valanzola read from his exhibit to explain the situation and explained that he is applying for three variances. He stated that Marguerite Nelson and her husband purchased 94 Park Street on June 28, 1952. They made this property their home, with Mr. Nelson' predeceasing Mrs. Nelson, who resided in the home until her passing this year. When the Nelsons purchased the property, they understood they were purchasing two building lots in 1952. However, not being experienced in real estate matters, they did not understand that holding title in common ownership could prevent them from "grandfathering" protection purchasing to M.G.L., Chapter 40A Section 6. Prior to her death, Mrs. Nelson expressed her intent and discussed with counsel her desire to build a house on Lot 2. Mrs. Nelson only son and executor of her estate, Ron Nelson, would like to construct a home on the proposed lot, which complies in all respects with the zoning by-laws, except as indicated above. Mr. Valanzola asserted that the proposed lot is consistent in size with the other lots in the area. The house proposed for the lot will also be consistent with what is currently in the neighborhood. The applicant would like to construct a raised cape or raised ranch on the lot. The Nelson's have been paying taxes on this property since 1952. The relief requested will not cause substantial detriment to the public good or impair the purposes and intent of the by-law ~r impact the general area. In fact, when viewing the entire property, it is clear that the proposed lot, which is almost square in shape and complied with all earlier zoning requirements, would fit nicely with the other lots and homes on the r street. An abutter, Dan Donovan, explained that he lives directly behind this property and is in support of this and would like to see it built. The hearing closed at 8:15 P.M. A motion was made for the purposes of discussion by Mr. DeTrolio and seconded by Ms. Garber-Miller to grant a variance to Mr. Nelson. Mr. DeTrolio said that too many variances are involved with just the one lot, and that there is no hardship. Mr. Vultaggio stated that this application has two strikes against it, based upon the size and square footage, but he would still vote on this because it is not unique for this area and if you built the house, it would fit. Board members also noted that the lot size required was 22,500 square feet, but that the proposed lot had about 12,500, or just over half the square footage allowed, which is a significant deviation from the by-law. All Opposed- (Butler, Garber-Miller, DeTrolio, Mackie) - All in favor (Vultaggio). Denied 4-1. r-o MINUTES OF FEBRUARY 20. 2007 PAGE 4 of4 r Eric Butler passed out changes from the Planning Board to the ZBA members regarding Accessory Building and Garages. The Board discussed this and about meeting with the Planning Board to discuss zoning changes. A motion was made by Ms. Garber-Miller and seconded by Mr. Rapoza to adjourn the meeting at 9:00 P.M. The meeting was adjourned at 9:00 P.M. Respectfully submitted, ~ Elisabeth Garber-Miller, Clerk r .~ ..