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ZONING BOARD OF APPEALS
9 1 1 1 2 29 iii 1,x9
MINUTES
DECEMBER 4, 1990 H AC! 1USETTS
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; Dr. Stanley Sohn; and
Richard Secher, Associate Member.
The hearing on the application of Alan Brown for a variance
from Section 4 Schedule 4.2.1 and Section 1.5.17a of the
Zoning By -Law to construct a single- family dwelling at 126
Shawmut Avenue with less than the required minimum lot area
and lot width in the R -2 Zone began at 7:45 PM. .
The application was labeled Exhibit "A ", newspaper
advertisement as Exhibit "B ", and plan of land dated
November 20, 1990, prepared by Hutchins - Trowbridge Assoc.
Inc, of Mansfield, as Exhibit "C." Mr. Secher was appointed
as a voting member in place of Mr. DeTrolio. There was no
Planning Board recommendation made on this application.
Mr. Wojtkiewicz read the grounds for requesting a variance
from the application and explained the terms "hardship" and
"derogation from the by -law” to the applicant. Mr. Brown,
the applicant, gave a history of the property. The lot on
which he wishes to build a single - family house presently has
a right of way (paper street), known as Willis Street,
running through it. Although the applicant owns the land
and has been paying taxes on it since he bought it, the town
has retained the right to use it as a right of way. The
applicant has devoted considerable time and money in first
obtaining an abandonment of Willis Street at town meeting,
and most recently, bidding for and obtaining the right to
purchase the right of way from the town.
The applicant has developed the rest of Shawmut Avenue,
building other homes and putting in water and sewer for the
entire street. Even though this lot is larger than most
other lots in the neighborhood, he did try to purchase a
small parcel of land from an abutter, the Williams estate,
to avoid the necessity of obtaining a variance. The
Williams estate, however, only wished to sell their whole
parcel, consisting of three to four acres. There were
several abutters present who offered their support for the
project: Stephen Conroy, Don Huston, and John Fassak. Mr.
Fassak gave his support after asking a question about what
determines the size of the structure that can be built on
the property. Mr. Wojtkiewicz explained that the proposed
structure would have to conform to zoning requirements
regarding setbacks, height requirements, etc., and that the
Zoning Board of Appeals
Minutes of December 4, 1990
Page 2 of 2
house proposed by Mr. Brown seemed to be similar to what
already exists in the neighborhood. The hearing closed at
8:05 PM.
The hearing for Janel and Richard Hill was cancelled because
the owner of the property at 258 West Street, Mr. David
Martin, appeared before the board and asked that the
application be withdrawn without prejudice. He told the
board that the Conservation Commission had asked for further
information on the project and that they needed time to
prepare themselves before appearing at a hearing. Mr.
Wojtkiewicz informed Mr. Martin that the applicants or their
representative should submit in writing their request for
withdrawal.
A motion was made by Mrs. Cotton and seconded by Mr. Secher
to grant a variance to Alan Brown to construct a single -
family dwelling at 126 Shawmut Avenue with a lot area of
10,300 sq. feet ( + / -) in the R -2 Zone. Unanimously granted.
The board felt that a variance on lot width was not
necessary.
The minutes of November 20 were read and approved.
Correspondence was read. Bills were signed.
It was agreed that because the first Tuesday in January is
New Year's Day, there will be only one hearing scheduled for
the month of January, on Tuesday, the 15th.
The meeting adjourned at 8:45 PM.
yxes ec tfull bmitted,
ward W. Valanzola
Clerk