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HomeMy WebLinkAboutZBA_09031991RECEIVED ZONING (� ZONING BOARD OF APPEALS MINUTES 91 OCT 17 PH 4: 14 September 3, 1991 } �, "r�., MASSAC IVSI: {; =T-(S 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