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ZONING BOARD OF APPEALS
MINUTES c)1 14AR 22 Pi 1 i2: 0
March 5, 1991 II ;:aS,tFC;�; zi IS
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: Mary -Lou Cotton; Eric Butler; Karl
Clemmey; and Richard Secher and Peter DeTrolio, Associate
Members.
Mrs. Cotton was appointed as Acting Chair and Mr. Secher was
appointed as a voting member in place of Dr. Sohn and as
Acting Clerk for this meeting.
The minutes of February 19 were read and approved with
minor changes.
The hearing on the application of Winifred Russell of Norton
for a variance from Section 3.3.2 of the Zoning By -Law to
convert a single- family dwelling at 108 Willow Street to a
two - family in the R -2 Zone began at 7:55 PM.
The application was labeled Exhibit "A ", newspaper
advertisement as Exhibit "B ", a plan of land dated January
1991, prepared by W.T. Whalen Engineering Co. of No.
Attleboro, as Exhibit "C ", and a set of floor plans as
Exhibit "D." Mr. DeTrolio was appointed as a voting member
in place of Mr. Wojtkiewicz.
Mr. Secher read the Planning Board's letter into the record.
With six members present, they voted unanimously to send a
negative recommendation on this application. Also read was
a letter from Mr. and Mrs. James P. Lazzara, abutters at 132
Willow Street, who wished to go on record as opposing this
application. They also indicated in their letter that the
property is presently for sale, listed with a broker as
having an in -law apartment.
Ana Diaz, the applicant's daughter, presented the case to
the Board. She told Board members that her mother had moved
out of the house because physical problems prevented her
from being able to use the stairs. They wish to convert the
basement into an apartment for the applicant's son and rent
the other two floors to a family.
Mrs. Cotton asked how the basement was accessed from the
first floor and was told that there is a set of pull -down
stairs. Mr. Secher asked how many points of egress there
are from the basement. There is only one. Mr. Clemmey
asked about the ability of the septic system to handle two
families living in the house and whether or not the
applicant had tried to obtain a permit from the Building
Minutes of March 5, 1991
Page 2 of 3
Inspector for an in -law apartment, as opposed to a two -
family. The applicant felt that the septic system was
large enough to accommodate two families. And the advice of
the Building Inspector had been to appear before this Board
for a variance to convert to a two - family dwelling.
Also present were two abutters, Mrs. Patricia Lestan of 133
Willow Street and Mrs. Madeline DeClemente of 110 -112 Willow
Street. They both came to voice their disapproval for the
conversion. They feel that the lot is too small for a two
family, even though it is presently being used illegally as
one; and they pointed out that the house was originally
moved to this location and put on the land with a variance.
The hearing ended at 8:10 PM.
Mr. Secher read a letter into the record from Russell J.
Verney of Nashua, NH, who wrote to the Board on behalf of
Gary & Robin Forget. He and the Forgets would like to meet
with the Board, informally, to discuss the merits of a
proposed development on Webb Place. The Board's discussion
on this request revolved around the issue of whether the ZBA
has an obligation to meet with potential applicants before a
formal hearing is scheduled. Mr. Clemmey made a motion,
seconded by Mr. Butler, to allow them to come and meet with
the Board. Mr. Clemmey voted in favor; Mrs. Cotton, Mr.
DeTrolio, Mr. Secher and Mr. Butler vote against. Motion
denied. Debra will send a letter to Mr. Verney relaying the
Board's decision in this matter and encouraging them to
submit a formal application for a hearing.
A review was done on the application for CJ's Import Auto.
Debra had a question as to whether it would be appropriate
to schedule a hearing since this business is operating out
of the property at 515 So. Main Street, where the use
determination is still not finalized. The Board recommended
that the application be scheduled for a hearing and that the
applicant provide a certified plan and rendering of the
proposed sign.
A motion was made by Mr. Clemmey and seconded by Mr. Secher
to deny a variance to Winifred Russell. Mr. Secher felt
that no case of hardship had been made and that the property
was already not conforming to zoning regulations. Mr.
Clemmey stated that the Zoning By -Laws clearly prohibit,
under Section 3.3.2, two - family structures in the R -2 zone.
Unanimously denied.
Mr. Clemmey suggested that a log be kept of the types of
variances (dimensional, use, etc.) that are granted and
denied.
Minutes of March 5, 1991
Page 3 of 3
The meeting adjourned at 8:35 PM.
Res ectfully submitt d,
Ric and Secher
Acting Clerk