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ZONING (�
ZONING BOARD OF APPEALS
MINUTES 91 OCT 17 PH 4: 14
September 3, 1991 } �, "r�.,
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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; Stanley Sohn; Karl Clemmey;
Peter DeTrolio, Jr. and Richard Secher, Associate Members.
The first applicant, William Sibilia, did not appear for his
hearing, nor were there any abutters present for the
hearing. Debra will contact him to determine the status of
his application.
It was unanimously agreed to change the Zoning Board's
regular meeting time from 7:45 to 7:30 PM, commencing with
the next meeting.
Board members reviewed and updated a
advertisement for the Administrative
Debra will remain with the board for
hearings. It was agreed to place th
one week and to hire a new assistant
September.
copy of the last
Assistant position.
the two October
new advertisement for
by the end of
Mr. Wojtkiewicz announced that correspondence had been
received both from Town Counsel Robert Mangiaratti and from
Attorney William Vernon regarding the Norman Vickery case.
Mrs. Cotton left the room for the reading of the letters and
the subsequent discussion, as she is an abutter to the
property. Attorney Vernon's letter indicated that Mr.
Vickery was willing to negotiate with the ZBA regarding the
type of business that may be allowed to operate on the
property at 515 So. Main Street. Attorney Mangiaratti's
letter indicated that the case may be remanded back to the
Board due to ambiguous language in the decision. As yet, no
official judgment has been made on the case. Mr.
Wojtkiewicz, upon receiving these letters, spoke with the
neighbors and asked for their reactions. They unanimously
responsed (some in writing) not to negotiate.
Dr. Sohn said that he would find it difficult to negotiate
with someone who has ignored a cease and desist order. Mr.
DeTrolio suggested that the Board wait for the judge's
decision before entering into negotiations. Mr. Butler felt
that, since the case could go either way at this point,
entering into negotiations would mean that the ZBA could
impose conditions upon the uses of the property, which it
was not allowed to do in the original determination /finding.
Negotiating would, however, undermine the public hearing
process.
Minutes of September 3, 1991
�- Page 2 of 3
A motion was made by Dr. Sohn and seconded by Mr. DeTrolio
to wait for the judge's decision in this case. The vote was
carried 4 -1, with Mr. Clemmey voting against the motion.
A motion was made by Mr. Clemmey to negotiate. Motion not
seconded.
The hearing on the application of Leonard Cooper for a
variance from Section 4 Schedule 4.2.1 of the Zoning By -Law
to subdivide a lot at 1730 West Street, creating two lots,
both having less than the required lot area and one having
less than the required frontage in the R -1 Zone began at
8:10 PM.
The application was labeled Exhibit "A"; newspaper
advertisement as Exhibit "B "; and a plan of land dated March
25, 1991, prepared by David E. Grant of Mansfield, MA as
Exhibit "C." The Planning Board, with seven members
present, voted six in favor and one abstention to send a
negative recommendation on this application.
Mrs. Cotton read a letter into the record from Gigi
Bainbridge and John Donner, abutters at 10 Chambers Court,
( outlining the reasons they oppose the issuance of a
variance.
Mr. Wojtkiewicz explained the grounds under which a variance
may be granted to the applicant. The applicant's son, Rick
Cooper, presented the case before the Board. He distributed
copies of a statement, which he read, indicating that he
wished to build a house for himself and his wife which would
allow them to be near his aging father. He also presented
house plans and pointed out that all setback requirements
would be met. He further explained that because his father
could not maintain his entire lot, the back portion has
become an eyesore -- a problem that the granting of a
variance could alleviate.
There were several abutters in attendance, all of whom
expressed their opposition to the granting of a variance.
The hearing closed at 8:35 PM.
Mrs. Nancy Gray McNeely, whose hearing for new signage had
taken place on August 6, was back before the Board for
clarification of her request. Mr. Clemmey left the room for
this discussion since he is listed as an abutter on Mrs.
McNeely's plot plan. Mr. Wojtkiewicz explained that, after
the hearing closed, there was some confusion as to how many
free - standing signs were being requested and subsequently
granted. Only one free - standing sign had been granted in
the Board's decision. It became apparent, however, that
Minutes of September 3, 1991
Page 3 of 3
since there is already an existing free - standing sign, that
Mrs. McNeely was requesting an additional sign.
Mrs. McNeely again presented pictures of several businesses
in town which have larger- than - regulation and multiple
signs. Because her second tenant's space in the building at
888 So. Main Street is so secluded, she feels it is
necessary that he be allowed to erect his own free - standing
sign.
A motion was made by Mr. Butler and seconded by Mr. Secher
to grant a second free - standing sign. Unanimously denied.
The applicant stated her displeasure with the decision,
especially since the rezoning of the area (Reservoir
District) has made keeping a business at this location very
difficult. Mr. Wojtkiewicz suggested that her concerns
would be more relevant and have more impact if addressed to
the Planning Board. He also informed her that zoning
changes can be made by the successful passage of an article
at Town Meeting.
A motion was made by Mrs. Cotton and seconded by Mr. Butler
to deny a variance to Leonard Cooper. Mrs. Cotton felt that
the proposed lot was too small, derogating from the intent
of the by -law and detracting from the character of the
neighborhood. Unanimously denied.
The meeting adjourned at 9:25 PM.
Respectfully submitted,
C,
Mary -Lou Cotton
Clerk
Next meeting October 1, 1991