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HomeMy WebLinkAboutZBA_02191991ZONING BOARD OF APPEALS MINUTES February 19, 1991 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; Dr. Stanley Sohn; Eric Butler; Karl Clemmey; and Richard Secher and Peter DeTrolio, Associate Members. The hearing on the application of Donald Huston of Nahant, MA for a variance from Section 4 Schedule 4.2.1 of the Zoning By -Law to construct a single - family dwelling at 123 Samoset Avenue with less than the required minimum lot area, frontage, 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 January 4, 1991, prepared by Mr. Huston, a registered civil engineer, as Exhibit "C." Dr. Sohn was appointed as acting clerk in place of Mrs. Cotton. Mr. DeTrolio was appointed as a voting member in place of Dr. Sohn. Dr. Sohn read the Planning Board's letter into the record. With six members present, the .vote was two in favor and four ( opposed to send a positive recommendation on this application. Also read was a letter from John A. Fassak, an abutter at 119 Samoset Avenue, urging the Board to make its decision based on the merits of the proposal and not on precedents set in the neighborhood. Mr. Wojtkiewicz explained to the applicant under what conditions variances may be granted. Mr. Huston gave a history of the property. He has owned the lot in question since the early 1950's. His is one of only three lots in the area that remain undeveloped because of a paper street which the Town has recently abandoned. Mr. Huston pointed out that a variance was granted two months ago to an abutter who owns a similar parcel. He also stressed to the Board that the house he proposes to build would be in keeping with the present character of the neighborhood. Board members asked questions relating to Mr. Huston's plans for the property. He intends to build a single - family home for his own use. Mr. Clemmey asked if he intended to bring water and sewer lines to the end of the street so that neighbors could tie into it. Mr. Huston responded that he intends to do what he needs for his own property and no more. Mr. Wojtkiewicz asked about the status of the paper street. At present, Mr. Huston is still in negotiations ( with the Town regarding his right to use the property. The hearing ended at 8:05 PM. Minutes of February 19, 1991 Page 2 of 3 The hearing on the application of G &M Realty Trust of Dover, MA for a variance from Section 4.7 to change an existing sign at 660 East Street (Bristol Plaza) to an illuminated sign in the B -3 Zone began at 8:10 PM. The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B"; plan of land dated March 2, 1988 and revised most recently on January 17, 1991, prepared by R.F. Merrikin Assoc., of East Walpole, as Exhibit "C"; and a rendition of the proposed sign, prepared by Signs 'R' Uss, Inc. of So. Easton, as Exhibit "D." Mr. Butler was appointed as acting clerk in place of Mrs. Cotton. Mr. Secher and Mr. DeTrolio were appointed as voting members in place of Mr. Butler and Dr. Sohn, who withdrew from the hearing because he is an abutter. Mr. Butler read the Planning Board's letter into the record. With six members, they voted unanimously to send a negative recommendation on this application. Also read was a letter from the Planning Board to the Building Inspector inquiring about the circumstances under which the present sign was allowed, and a response from the Building Inspector to the Planning Board stating that he can find no record of a variance or permit being issued for the present sign. Included with the Building Inspector's letter was a copy of a 1975 decision listing eight conditions for a special permit /variance relating to this property. The Board asked questions to determine if the existing sign conformed at the time of the decision. It was determined that the present sign is already non - conforming, being too large. Mr. Clemmey asked if the applicant had considered moving the sign. If it were in a better location, he felt, it wouldn't need to be as large. Mr. Glaropoulos, the applicant, responded that he merely wanted to improve the sign aesthetically; he hadn't planned on spending the large sum that would be required to move cast iron poles lodged in cement. Mr. Wojtkiewicz pointed out that the sign must be brought into conformance before the Board can make any decision on whether it can be illuminated. He advised the applicant to rethink where he wanted the sign, how he wanted it to look, and to then reapply. He also suggested that Mr. Glaropoulos seek the Planning Board's advice. Mr. Glaropoulos, before leaving the meeting, presented the Board with a hand - written letter asking that his application be withdrawn. The minutes of January 15 and February 5 were read and, with minor changes suggested, approved. Minutes of February 19, 1991 Page 3 of 3 A discussion on the application of Donald Huston focused on several issues: Should Mr. Huston be required to bring water and sewer in for the whole street? Can a decision be made on a variance if the Willis Street right of way issue is not resolved? Is this lot really part of a larger lot that was subdivided, making the applicant's claim of a hardship relating to the land invalid? Mr. Wojtkiewicz asked Mr. Huston to clarify the lot's ownership. Mr. Huston stated that he has been communicating with the selectmen and hoped to have a decision on the right of way soon. A motion was made by Mr. Clemmey and seconded by Dr. Sohn to table the vote until March 19, at which time the applicant must prove ownership of the entire lot. A discussion took place regarding raising the application fee. Dr. Sohn made a motion, seconded by Mr. DeTrolio to raise the fee to $135 from its present $100. Mr. DeTrolio, Mr. Butler, Dr. Sohn and Mr. Wojtkiewicz voted in favor; Mr. Clemmey and Mr. Secher voted against. Fee is raised to $135 effective immediately. The meeting ended at 10:15 PM. Respectfully submitted, A17" A--� E (4. 29 � 2 Dr. Stanley Sohn Eric Butler Acting Clerk Acting Clerk