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