HomeMy WebLinkAboutZBA_10011991RECEIVED
91 OCT 17 PN 4, 14
ZONING BOARD OF APPEALS Lic. IrL.D
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MINUTES
October 1, 1991
The Board of Appeals held its regular meeting in the Town Hall,
Mansfield, MA, at 7:30 P.M. Present at the hearing were the
following members: George Wojtkiewicz, Chairman; Eric Butler;
Dr. Stanley Sohn; Karl Clemmey; Peter DeTrolio, Jr. and Richard
Secher, Associate Members. Dr. Sohn was appointed acting Clerk
in place of Mrs. Cotton.
The meeting started with an Executive Session between Board
members and Town Counsel Robert Mangiaratti to discuss the
Vickery case which has been remanded by the court back to the
Board. Dr. Sohn arrived a few minutes late.
At 8:10 P.M. the meeting become public. Mr. Wojtkiewicz
announced that an Executive Session was held between Board
Members and Town Counsel Robert Mangiaratti to discuss the
Vickery case. Mr. Wojtkiewicz then allowed Norman Vickery`s
Counsel, Attorney William Vernon, to speak on behalf of Mr.
Vickery. Attorney Vernon reiterated as stated in his letter of
August 7 that Mr. Vickery was willing to enter into negotiations
with the Board regarding the specific uses for the property.
A motion was made by Dr, Sohn and seconded by Mr. Butler to
decline relief sought by petitioner and find that the proposed
use is substantially more detrimental to the neighborhood than
the existing use and to direct Town Counsel to draft a decision
reflecting facts found in the previous decision and reflecting
the proper statutory standard.
Mr. Clemmey felt that the building should be occupied, that the
previous business was more detrimental than the current business,
and that the Board should resolve the matter and not waste money
and time. Mr. DeTrolio agreed that the building should be
occupied, but not by a business with noisy construction
equipment. Mr. Butler stated that construction equipment is more
detrimental than a car dealership.
Mr. Wojtkiewicz, Mr. Butler, Dr. Sohn, and Mr. Detrolio voted to
decline relief to the petitioner and Mr. Clemmey voted against
the motion. Town Counsel Robert Mangiaratti will have a draft of
the decision by the next meeting on October 15.
The hearing on the application of William R. Sibilia for a
variance from Section 4 Schedule 4.2.1 of the Zoning By -Law to
construct an addition (deck) to an existing, non - conforming
single- family structure at 10 Dean Street, with less than the
required minimum side yard setback in the R -2 Zone began at
8:20 P.M.
Minutes of October 1, 1991
Page 2 of 4
The application was labeled Exhibit "A "; newspaper advertisement
as Exhibit "B "; and a plan of land dated June 2, 1988, prepared
by Hutchins - Trowbridge Associates of Mansfield, MA, as Exhibit
"C ". The Planning Board with seven members present voted that
the applicant should apply for a special permit rather than a
variance because the current non - conformity of the lot is not
being increased. Mr. Secher was appointed as a voting member for
this hearing.
Dr. Sohn felt that applicant should seek a special permit rather
than a variance as the existing non - conforming dwelling would not
be increased in size and the addition would be built within the
required minimum side and back yard setbacks. Mr. Wojtkiewicz
agreed to act on the case as a special permit. No abutters were
present. Mr. Sibilia stated that his parents were abutters and
had no opposition to the granting of the variance. The hearing
closed at 8:30 P.M.
The hearing on the application of Donald Mercier for a variance
from Section 1.5.17a of the Zoning By -Law to subdivide a lot at
750 Ware Street, creating two lots, one having less than the
required lot width in the R -1 Zone began at 8:30 P.M.
The application was labeled Exhibit "A "; newspaper advertisement
as Exhibit "B "; and a plan of land dated August 12, 1991,
prepared by Hutchins - Trowbridge Associates of Mansfield, MA, as
Exhibit "C ". The Planning Board has not yet reviewed this case
and therefore no recommendation was sent. Mr. DeTrolio was
appointed as a voting member for this hearing.
Mr. Wojtkiewicz explained the grounds under which a variance may
be granted to the applicant. Mr. Mercier stated that he wishes
to sell his current house in the front half of the lot and build
himself a log cabin in the back half of the lot. One abutter was
present, Mr. Gary Nelson of 730 Ware Street. Mr. Nelson stated
that he had no opposition to the granting of a variance. The
hearing closed at 8:45 P.M.
The hearing on the application of Robert W. Fleck for a variance
from Section 4 Schedule 4.2.1 of the Zoning By -Law to construct
an attached garage at 135 Highland Avenue with less than the
required side yard setback in the R -2 Zone began at 8:45 P.M.
The application was labeled Exhibit "A "; newspaper advertisement
as Exhibit "B "; and a plan of land dated August 9, 1991, prepared
( by GLM Engineering Consultants of Holliston, MA, as Exhibit "C ".
The Planning Board has not yet reviewed this case and therefore
no recommendation was sent. Mr. Secher was appointed as a voting
member for this hearing.
Minutes of October 1, 1991
Page 3 of 4
Mr. Robert Truax of Truax Construction presented the case before
the Board as Mr. Fleck was out of town. Truax Construction will
build the garage if the variance is granted. Mr. Wojtkiewicz
explained the grounds under which a variance may be granted to
the applicant. Mr. Truax explained that the proposed location of
the garage would be on the side of the house in front of the
existing driveway and that to rip up the existing driveway and
add a new one on the other side of the house would be too costly
and burdensome for the applicant. Mr. Truax also stated that the
proposed addition would be a one -car garage and the roof line
would not be higher than the present roof line of the house. No
abutters were present. The hearing closed at 8:50 P.M.
The hearing on the application of Robert and Yvonne DeBruyn of
328 Elm Street for a variance from Section 4 Schedule 4.2.1 of
the Zoning By -Law to reconstruct a porch on an existing, non-
conforming single - family structure with less than the required
side yard setback in the R -1 Zone began at 8:55 P.M.
The application was labeled Exhibit "A "; newspaper advertisement
( as Exhibit "B "; and a plan of land dated August 14, 1991,
prepared by Stanley R. Dillis of Groton, MA, as Exhibit "C ". The
Planning Board has not yet reviewed this case and therefore no
recommendation was sent. Mr. DeTrolio was appointed as a voting
member for this hearing.
Mr. DeBruyn explained that in order to reconstruct his porch, a
flat roof would be replaced with a saltbox roof, thus increasing
the present foundation of the porch a few feet. The Board
acknowledged the fact that there was a slight discrepancy in the
wording in the newspaper advertisement (Exhibit "B ") as the
proposed porch would in fact be considered remodeling instead of
reconstructing. No abutters were present, and Mr. DeBruyn stated
that his neighbors had no opposition to the granting of a
variance. The hearing closed at 9:05 P.M.
It was unanimously voted to accept the minutes of September 3 as
written.
A motion was made by Mr. Butler and seconded by Mr. Secher to
grant a special permit to William R. Sibilia. Unanimously
granted.
A motion was made by Mr. Butler and seconded by Mr. Clemmey to
grant a variance to Donald Mercier. Unanimously granted.
A motion was made by Mr. Secher and seconded by Mr. Butler to
grant a variance to Robert Fleck, with the condition that the
addition must be only a one -car garage and that the height of the
roof must be no higher than the height of the roof of the house.
Unanimously granted.
Minutes of October 1, 1991
Page 4 of 4
A motion was made by Mr. Clemmey and
grant a variance to Robert DeBruyn.
for the record that they acknowledge
in the newspaper advertisement (Exhi
porch would in fact be considered an
structure. Unanimously granted.
seconded by Mr. DeTrolio to
The Board wished it noted
a discrepancy in the wording
Sit "B ") as the proposed
expansion of the previous
Mr. Wojtkiewicz welcomed Terri Shaw as the new Administrative
Assistant for the ZBA.
The meeting adjourned at 9:25 P.M.
Respectfully submitted,
Stanley Sohn
Clerk
Next meeting October 15, 1991