HomeMy WebLinkAboutZBA_04021991ZONING BOARD OF APAALS
MINUTES lti it i .3 t:I�
APRIL 2, 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; Mary -
Lou Cotton, Clerk; Eric Butler; Dr. Stanley Sohn; Karl
Clemmey; and Richard Secher and Peter DeTrolio, Associate
Members.
The minutes from March 19 were read and approved with minor
changes.
The decision on the Hill application was postponed from
March 19 and discussed at this meeting. A motion was made
by Mr. Secher (voting for Dr. Sohn) and seconded by Mr.
Butler to deny a variance to Richard and Janel Hill of
Middleboro to build a single - family house at 258 West Street
with less than the required frontage and lot width in the
R -2 Zone.
All Board members did a site walk of the property in
question after the hearing on March 19. From that walk, Mr.
�- Butler had these observations to make: though the property
is large in terms of square footage, there is barely enough
land on which to build a house. And the area suitable for
building is located almost in an abutter's back yard. He
feels that the abutters' rights in this instance would be
infringed upon. Mrs. Cotton voiced concern about the
problem of water drainage on the property. There were large
pools of water visible when she visited. Mr. Secher added
that there appears to be standing water behind several of
the houses in the neighborhood. Mr. Wojtkiewicz, Mrs.
Cotton, Mr. Butler and Mr. Secher voted to deny the request
for variance. Mr. Clemmey chose to abstain from the vote.
The variance request is denied.
Board members reviewed a copy of the application guidelines
and made several changes, including the new amount for
filing an application; the new time limit for the rendering
of application decisions; and the insertion of Section 10 of
the Massachusetts General Laws Chapter 40A, page 10 -1, to
help applicants better understand the variance application
procedure.
Mr. Wojtkiewicz asked Debra to forward a copy of the Vickery
appeal to Town Counsel, Bob Mangiaratti. Also, she will
send a letter to the town manager, explaining that we are
now being sued on a regular basis and that he should perhaps
bring this issue up with the selectmen. He should call Mr.
Wojtkiewicz if there is a problem with this.
Minutes of April 2, 1991
Page 2 of 2
Mr. Wojtkiewicz also suggested that when he is unable to
attend meetings that the clerk automatically assume the role
of chairperson. Mr. Butler made a motion, seconded by Mr.
Secher, that the clerk replace the chairman in his absence
and that the acting chair then will appoint an acting clerk.
Unanimously agreed.
Mr. Clemmey asked Mr. Wojtkiewicz a question regarding ZBA
protocol; specifically, why doesn't the Board hear from an
applicant, then the abutters, and then have Board members
ask questions? Mr. Wojtkiewicz responded that the Board is
in the best position to draw out the pertinent information
regarding the application. Mrs. Cotton commented that it
would probably prolong meetings to allow abutters to speak
before Board members because the emotions run high when
there is a controversial application. By having Board
members ask questions first, it also emphasizes to abutters
what kind of information the Board is interested in hearing
about. Mr. Secher added that, in all his years of service
on the Board, he believes all abutters have had ample
opportunities to speak their piece.
The meeting adjourned at 8:35.
Respectfully submitted,
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Mary -Lou Cotton
Clerk
Next meeting April 16, 1991