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ZONING BOARD OF APPEALS
MINUTES o0 tt 'O'V 20 ['I 1' 58
OCTOBER 16, 1990-'
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The Board of Appeals held a meeting in the Town Hall,
Mansfield, MA with members of the Planning Board at 7:00 and
its regular meeting at 8:00 PM. Present at the hearing were
the following members: George H. Wojtkiewicz, Chairman;
Edward Valanzola, Clerk; Mary -Lou Cotton; Eric Butler; and
Peter DeTrolio and Richard Secher, Associate Members.
The hearing on the application of Francis M. Goffredo for a
variance from Section 4 Schedule 4.2.1 of the Zoning By -Laws
for a single- family dwelling at 256 Williams Street with
less than the required side yard setback in the R -1 Zone
began at 8:00 PM.
The application was labeled Exhibit "A ", newspaper
advertisement as Exhibit "B ", and plan of land dated August
13, 1990, prepared by Eagle Surveying and Engineering Inc.
of Sandwich, MA as Exhibit "C."
Mr. DeTrolio was appointed a voting member in place of Dr.
Sohn. Mr. Valanzola read the Planning Board's letter of
recommendation into the record. With six members present,
it was unanimously voted to send a positive recommendation
on this application.
Mr. Goffredo presented his case to the Board. He is
requesting a variance for a side yard setback of 24 feet
( + / -) instead of the required 25 feet. Surveyors discovered
this discrepancy when the Goffredos decided to sell a strip
of their land to a neighbor for construction of a driveway.
Their bank requested that they get a variance because they
are being released from a portion of their mortgage to do
this. John Roche, attorney for the Sullivans, the abutting
neighbors, was present to support the application. The
hearing closed at 8:05.
The hearing on the application of Janel and Richard Hill of
Middleboro for a variance from Section 4 Schedule 4.2.1 of
the Zoning By -Laws to construct a single- family dwelling at
258 West Street with less than the required frontage and lot
width in the R -2 Zone began at 8:13 PM.
The application was labeled Exhibit "A ", newspaper
advertisement as Exhibit "B ", and plan of land dated July
11, 1990, prepared by Hutchins - Trowbridge Assoc. of
Mansfield, as Exhibit "C."
Mr. Secher was appointed a voting member in place of Dr.
Sohn. Mr. Valanzola read the Planning Board's letter of
Minutes of October 16, 1990
Page 2 of 3
recommendation into the record. With six members present,
they voted five in favor and one abstention to send a
negative recommendation on this application. A letter from
Mr. Donald Champagne of Alexandria, VA, co -owner of the
abutting property, was read into the record. His letter
addressed his concerns about the wetlands that are part of
the property being proposed for development. He is not
suppportive of the application. Also read into the record
was a letter from Marilyn Powers, Chair of the Conservation
Commission, which also expressed concerns about the proposed
development of wetlands. Along with this letter Ms. Powers
submitted a plot plan of the property in question which
differed from the one submitted by the applicant. Ms.
Powers was present for the hearing and suggested that new
plans be redone before a decision is made regarding the fate
of the proposal.
Mr. Wojtkiewicz read the conditions regarding the request
for variance from the application. The applicants want to
build a house to be near other family members. Denial of
the variance, they feel, would deny any practical use of the
property. Mr. John Mahoney, representing the Hills, asked
for a postponement of the hearing because they hadn't seen
the Conservation Commission's plan of land. Mr. Michael
Trowbridge, the surveyor for the Hill's plot plan, requested
time to speak with the Conservation Commission in order to
work out the details outlined in Ms. Powers's letter to the
Board. The hearing is postponed to November 20.
Details to be incorporated into the decision for Jerrold
Wood were discussed and approved.
The decision regarding Peter DeGirolamo & Sons, Inc. was
discussed, since all Board members had had a chance to view
the property. Mr. Wojtkiewicz proposed that the variance be
granted with conditions: that a 6 -foot dirt mound barrier
with hemlocks be planted 6 feet apart along the Sohn
property. Mrs. Cotton felt that this would not correct the
problem of noise or adequately alter the view of the
property. It would also cost a good deal of money. Mr.
DeTrolio felt that this barrier may pose a problem for
proper water drainage. Mr. Butler suggested putting in the
trees without the dirt mound. Mr. Wojtkiewicz pointed out
that all top soil has been scraped away at the boundary.
Requiring a dirt mound would also aid in shielding the view
of the DeGirolamo property. His concern, he wanted to make
clear, was for the long -term screening of the property from
Route 106, not so much for any esthetic benefit for the
neighbors. Mr. Butler felt that a six -foot mound would not
t make that much difference since the elevation difference
Minutes of October 16, 1990
Page 3 of 3
between the property and the abutting properties is so
great. The motion was not seconded.
Mr. Secher made a motion, seconded by Mrs. Cotton, to
approve the variance without conditions. Mr. DeTrolio and
Mr. Butler stated that they wanted to require that trees be
planted but without a berm. Mr. Wojtkiewicz still wanted to
require a foundation for the trees. He proposed two -feet of
topsoil and hemlocks planted 10 feet apart. Mrs. Cotton
stated that the planting of trees should be Mr. DeGirolamo's
option, not a requirement of the Board. Mr. Butler stated
that he was also concerned about the long -term screening of
the property from Route 106. Mr. Secher did not want to
require trees either, especially since they would involve
great expense. Mrs. Cotton suggested that if he wished to
be a good neighbor, Mr. DeGirolamo might consider putting in
some sort of buffer, but she did not want to require him to
do so. Mr. Secher and Mrs. Cotton voted in favor of the
motion; Mr. Valanzola and Mr. Wojtkiewicz voted against the
motion; Mr. Butler abstained. Motion failed.
A motion was made by Mr. Butler and seconded by Mr.
Wojtkiewicz to grant the variance with the conditions that
two feet of topsoil and a buffer of Canadian hemlocks,
( approximately five feet high, be planted 12 feet apart and
that the area be appropriately landscaped at the Northeast
line for 298 feet. Unanimously granted.
A motion was made by Mr. Valanzola and seconded by Mr.
Butler to grant a variance to Mr. Goffredo for a single -
family dwelling at 256 Williams Street with a side yard
setback of 24 feet ( + / -) in the R -1 Zone. Unanimously
granted.
Minutes of.August 21, September 4 and October were read and
approved. Decisions were signed. Correspondence was read.
It was agreed that Mr. Valanzola will draft a new definition
of "hardship" for clarification purposes for the Zoning
Board of Appeals application.
The meeting adjourned at 9:10 PM.
4dward W. Va
Clerk
tted,
Next Meeting November 20, 1990