Loading...
HomeMy WebLinkAboutZBA_09041990� l c'C ZONING BOARD OF APPEALS SO OCT 18� U'; =O MINUTES Jyrl,.l6� G�'L SEPTEMBER 4, 1990 7v 114CCA{;HUS } TC 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 Wojtkiewicz, Chairman; Edward Valanzola, Clerk; Mary -Lou Cotton; Stanley Sohn; and Richard Secher and Peter DeTrolio, Associate Members. The hearing for Michele Galante, rescheduled from July 17 and August 21 was not held because the applicant failed to appear. A letter from John Todesco was read into the record. Mr. Todesco, upset by the Board's denial of his request for a variance to convert a single - family dwelling on Branch Street to a two- family dwelling, requested that his letter be read into the record. Minutes of June 5 and July 17 were read and approved. The hearing for Edward and Sheral Drake for a variance from Section 4, Schedule 4.2.1 to construct an addition to an existing dwelling at 10 Harding Lane with less than the required front yard setback in the R -1 Zone was rescheduled from August 21 and began at 8:00. Mr. DeTrolio was appointed a voting member in place of Mr. Butler. The application was labeled as Exhibit "A"; newspaper advertisement as Exhibit "B "; and a Plan of Land dated August 1990, prepared by P.A. Hayden of Taunton, as Exhibit "C". The Planning Board did not submit a recommendation on this application. Mr. Wojtkiewicz explained to Mrs. Drake the conditions under which a variance may be granted. Mrs. Drake explained that her proposal was for a front porch, which would require a variance for a front yard setback of about 3.5 feet. Mr. Wojtkiewicz stated that he did not see that there was any hardship in this case. Mrs. Drake pointed out that the roof of the porch, once built, would provide a point of egress from the second floor should a fire occur. She also stated that she had spoken to her neighbors and that they were supportive of her plans. There were no abutters present. Minutes of September 4, 1990 Page 2 of 3 A motion was made by Mr. DeTrolio and seconded by Mr. Valanzola to grant the variance for a front yard setback of 36 feet ( + / -) . Members felt that the addition of a porch would not detract from the neighborhood and that the amount requested for variance was small. Unanimously granted. The hearing on the application of William Morton on an Appeal of the Decision of the Building Inspector regarding the issuance of building permits to the Mansfield Fish and Game Glub, located on East Street in the R -1 Zone, began at 8:20. Mr. Secher was appointed a voting member in place of Mr. Butler. The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B "; and a series of correspondence, read into the record, as Exhibit "C ". The Planning Board did not submit a recommendation on this application. It should be noted that such a recommendation is not mandatory in order for the Zoning Board of Appeals to make a decision. Mr. Wojtkiewicz gave a brief history of the disputes that have occurred over the years involving the Mansfield Fish and Game Club. He explained that Mr. Morton contends that because the Club never obtained any official status prior to zoning, it has no "grandfathered" right to its present uses. Mr. Valanzola read a series of correspondence between Mr. Morton and Mr. Cook, the Building Inspector, into the record. Mr. Wojtkiewicz reiterated the opinion given in Town Counsel's letter of July 27 that the Zoning Board of Appeals is to be concerned only with zoning issues at this hearing. Mr. Cook asked Mr. Morton to explain his grounds for appeal. Mr. Morton explained that he believes that the Fish and Game Club's activities are all illegal and that to limit the hearing's discussion to the most recent correspondence would be to disregard all events that have led up to his present complaint. He then gave a history of the Fish and Game Club, including its land swap with the Town, the original charter of the Club, and activities which led to the expansion of what he sees as a non - conforming use, namely, the existence of rifle ranges. He is questioning the Club's right to exist with a rifle range. He presented Board members with documents detailing the previous hearings regarding the Club's activities, decisions and correspondence. Board members asked many questions, some for clarification of the activities at the Club and some to determine what portion of Mr. Morton's grievances can be addressed by the Zoning Board of Appeals, given the narrow focus of his letter to the Building Inspector. Minutes of September 4, 1990 Page 3 of 3 Many members of the Fish and Game Club were present. Mr. Malette, the President of the Club, stated that he believed the Club had gone through the proper channels to obtain building permits to construct covers for the rifle ranges. Mr. Madan from the Planning Board was present and stated his opinion that permits to construct the rifle ranges had not been necessary because the Club had simply increased the depth and length of existing ranges, and so permits were for excess earth removal only. One abutter, Jim Vaughn, stated that though some of the intentions to make improvements at the Club were honorable, he feels the membership may not have used the appropriate legal channels in implementing them. Mr. Wojtkiewicz pointed out that the only way to address such issues appropriately and legally is for Mr. Morton to submit another, more explicit letter to the Building Inspector, stating his objections and asking for his decision. At this hearing, the Board can only address the issues raised in the May 23, 1990 letter written by Mr. Morton and the Building Inspector's decision contained in l his letters of response dated June 14 and June 22. The Board took the case under advisement and the hearing ended at 10:15. A motion was made by Mrs. Cotton and seconded by Mr. Secher to uphold the Decision of the Building Inspector. Mr. Wojtkiewicz stated that permits had been issued to enhance a previously existing non - conforming use with the advice of Town Counsel, who had walked the site with the Building Inspector and himself. Mr. Valanzola reread a portion of the Building Inspector's letter that describes the covered positions at the end of the rifle range as "accessory uses" of the ranges. In the Building Inspector's opinion, . these covered positions were not an expansion of an existing use. It was voted unanimously to uphold the Decision of the Building Inspector. It was agreed that any subsequent appeal made by Mr. Morton and /or regarding the Mansfield Fish and Game Club should be shown to Town Counsel for an opinion. The meeting adjourned at 10:45. Res ectfulf y /' submitted, ' Edward , W.,Xalanzola Clerk