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ZONING BOARD OF APPEALS
MINUTES 90 pit.€ I -7 All 0: 26
MAY 15, 1990
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The Board of Appeals held its regular meeting in the Town
Hall, Mansfield, MA at 7:45 PM. Present at the hearing were
the following members: George.H. Wojtkiewicz; Chairman;
Mary -Lou Cotton, Acting Clerk; Dr. Stanley Sohn; and Peter
DeTrolio and Richard Secher, Associate Members. Mr.
DeTrolio voted in place of Eric Butler and Mr. Secher voted
in place of Edward Valanzola, regular Board members.
The hearing for Stephen Reynolds for a Variance from
Section 4 Schedule 4.2.1 of the Zoning By -Law to construct
additions to an existing non - conforming dwelling at 10
Thornton Road with less than the required front in the R -2
Zone began at 7:50 PM.
The application was labeled Exhibit "A ", newspaper
advertisement as Exhibit "B ", and Plan of Land dated
December 15, 1989, prepared by Hutchins - Trowbridge Assoc. of
Mansfield, as Exhibit "C."
The Planning Board, with five members, voted unanimously to
send a negative recommendation on this application.
Chairman Wojtkiewicz explained to the applicant the
guidelines used when applying for a variance, including the
definition of hardship, which Mr. Reynolds had not adhered
to in his application.
Mr. Reynolds told the Board that, because his lot was small,
he was limited as to where he could build an addition to his
house and that most of the homes in his neighborhood were
similarly non - conforming structures. A discussion followed
regarding whether the proposed project would pose the
additional problem of unbalanced ratio of living space to
access building. Mr. Reynolds pointed out that there would
be living space above the proposed garage. Board members
asked about the make -up of the neighborhood and were told
that similar projects had already been carried out, and that
all the houses in the neighborhood were on small lots like
his. He also told the Board that he has spoken to his
neighbors and they are supportive of the proposal. There
were no abutters present. The hearing closed at 8:07 PM.
The Board met informally with Jerrold Wood at 8:10. Mr.
Wood requested this meeting after the Board denied his
appeal, thereby upholding the Building Inspector's decision
on a Cease and Desist Order regarding Mr. Wood's property at
347 Pratt Street.
Minutes of May 15, 1990
Page 2 of 2
Mr. Wood informed the Board that since the Decision was
made, he has evicted his auto repair tenant, leaving only
the machine shop business. Mr. Wood feels, however, that
his rights as an owner of this property have not been
addressed adequately by the Board or the Building Inspector.
He maintains that the machine shop is by definition a lesser
use of the property and therefore, in accordance with the
By -Laws. The Board reiterated its position that the
property was not zoned for its present use and that if Mr.
Wood wants to change the use of the property, he must apply
for a variance to do so.
Mr. Wood then remarked that he felt there had been a
conspiracy against him, that the neighbors had consulted
with the Building Inspector and Board members on a personal
level in order to influence their decisions. After stating
that this was not at all the case, Chairman Wojtkiewicz
pointed out that the nature of non - conforming uses
explicitly forbids any expansion and that, in Mr: Wood's
case, expansion had clearly taken place.
Because the auto repair shop had been evicted, Mr. Wood
asked the Board if this would satisfy the requirement for a
lesser use or would he be required to sue the town since his
appeal had been denied. The Board explained that his
choices were either to apply for a lesser use variance or
appeal the decision of his denied appeal. They recommended,
however, that Mr. Wood first speak with the Building
Inspector before initiating any action. The meeting ended
at 8:27 PM.
The hearing for William G. Allard, Executor of Norton for a
Variance from Section 4 Schedule 4.2.1 of the Zoning By -Law
to convert an existing non - conforming dwelling at 539 North
Main Street, owned by the Estate of Gerald R. Allard, to a
two - family dwelling in the R -3 Zone, began at 8:30 PM.
The application was labeled Exhibit "A ", newspaper
advertisement as Exhibit "B ", and Plan of Land dated
September 8, 1989, prepared by Yarworth Engineering of
Attleboro as Exhibit "C."
The Board immediately noted that the submitted plan was not
an instrument survey and the depiction of proposed parking
spaces was not clear. A discussion of the proposed project
ensued with the thought that the Board may need to request a
new, more detailed, plan.
Mr. Allard, who was accompanied by his real estate broker,
Jim Mulcahey, gave a history of the property. The house had
initially been a two - family and was converted to a one-
Minutes of May 15, 1990
Page 3 of 4
family in 1955 when his grandparents owned it. Chairman
Wojtkiewicz felt that Mr. Allard's grounds for variance, as
listed on his application, were inadequate, as they seemed
to be concerned only with Mr. Allard's inability to sell the
property, thereby not constituting hardship. Mr. Mulcahey
explained that there have been .a -few prospective buyers, but
that all of them have asked about the possibility of
converting it to a two - family because of the layout of the
second floor. Dr. Sohn pointed out that such a conversion
would fall far short of the square footage required for a
two - family dwelling.
Two letters were read into the record. The first was to Mr.
Allard from Bert Cook, the Building Inspector, explaining
that Mr. Allard would, indeed, need to apply for a variance
to convert the property to a two - family. The second was
from Patricia Bonvie, an abutter to the property, stating
that she has no objections to the proposal.
The Planning Board, with five members, voted four in favor
and one abstention to send a negative recommendation because
of the square footage problem.
The Board asked for details on how the conversion would be
done. Mr. Allard explained that there are already two
egresses and that there is a small room on the first floor
which could easily be converted into a bathroom. The
interior space of each unit would be 816 square feet. Mr.
Allard also explained that renting the house was an option
that had been explored but that most people don't want to
rent a house that's on the market. All bills for
maintaining the house are presently being paid by the
estate, but the funds are running low. He also pointed out
that there are a few other multi - families in the
neighborhood. There were no abutters present. The hearing
closed at 8:55 PM.
The minutes from April 3 and May 1 were read and approved
with one correction: on the May 1 minutes, Attorney
Spillane's name is to be removed from the issuance of the
variance and the Norbergs names are to be inserted.
Dates for summer hearings were decided to be July 17 and
August 21.
There was a discussion about the variance application fee.
The Finance Committee has asked that we strive to be a self -
sustaining board. Since we heard 37 cases last year and the
annual budget is approximately $6,400, the fee would need to
be $200. Chairman Wojtkiewicz asked Debra to investigate
Minutes of May 15, 1990
( Page 4 of 4
when the fee was last increased and what action is necessary
to raise it.
A motion was made by Mrs. Cotton and seconded by Mr. Secher
to grant a variance to Stephen Reynolds. -A discussion
followed regarding how small the lot is. And-although it is
in an area where there are similar large structures built on
small parcels, the proposed addition is almost the same size
as the house. Dr. Sohn felt that he would like to look at
the property before making a decision. The decision was
tabled until the June 5 meeting.
A motion was made by Mr. Secher and seconded by Mr. DeTrolio
to deny Mr. Allard's application for a variance. Mr. Secher
felt that the size of the lot is inadequate to support a
two - family dwelling. Mrs. Cotton pointed out that even
though there is no proposed construction on the outside,
there seems to be considerable work necessary on the inside
to make the project work. Dr. Sohn did not see a problem
with granting the variance since it had already at one time
been a two - family dwelling and parking would probably not be
a problem. Mr. DeTrolio stated that the lot is very small.
Chairman Wojtkiewicz stated that although he is not opposed
to a two - family dwelling at that location, he did not like
the grounds used for applying for the variance. He also
pointed out that granting a variance for these grounds would
be opening a Pandora's box, that there would be the
potential for developers to buy property like this one and
come before the Board for variances to convert without any
concern for the property or the neighborhood. Dr. Sohn
voted in favor to grant; Mr. DeTrolio, Mr. Secher, Mr.
Wojtkiewicz and Mrs. Cotton voted to deny the request for
variance. Application for Variance is denied. The meeting
adjourned at 9:45 PM.
Respectfully submitted,
Mary -Lou Cotton
Acting Clerk
Next Meeting June 5, 1990