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HomeMy WebLinkAboutZBA_03031992ZONING BOARD OF APY6RLS`" l MINUTES 92 MUNR IS NI1 11: { 6 March 3, 1992 i t .t, L 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; Mary -Lou Cotton, Clerk; Eric Butler; Karl Clemmey; Leonard Flynn; Peter DeTrolio and Richard Secher, Associate Members; Richard Lewis, Conservation Committee. Mr. Wojtkiewicz gave a brief history of which took place on February 18, 1992. that his daughter, Diane Hinchey, calle all facts were presented at that time. that Mrs. Hinchey write a letter to the additional facts. David Conley's hearing Mr. Wojtkiewicz explained 3 to say she felt that not Mr. Wojtkiewicz suggested Board stating any Mr. Clemmey stated that he would be opposed to the letter being read and any subsequent discussions of the contents since two Board members were not present at tonight's meeting (Mr. Butler and Mr. Secher arrived later). It was agreed that the letter should be read and discussed at the next meeting on March 17, 1992, and Mr. and Mrs. Hinchey were instructed to show up at 8:00 P.M. It was also agreed that David Conley's decision will await signing until March 17, 1992, until the letter is read and discussed. The minutes of February 18, 1992, were approved with a minor revision. Mr. Flynn felt there are procedural problems created when a case such as Mr. Conley's is held during a public meeting, closed, and voted on and then opened up again for discussion or revoting at a subsequent meeting. Abutters and interested parties are not notified of any further discussions or revoting that may take place. Mr. Wojtkiewicz explained that he merely suggested that Mrs. Hinchey write a letter and informed her that the Board may or may not take it into consideration. Mr. Wojtkiewicz asked Mr. Lewis to present his research on the Zoning Board of Appeal's budget. Mr. Lewis passed out a memo to all Board members outlining the expenses of the Board and explained the items involved and his method of figuring out the amounts. Mr. Lewis figured the expenses per hearing to be $190.56 and suggested that the Zoning Board of Appeals ask the Planning Board, per Section 6.1.5 of the Zoning By -Law, to forward a recommendation to the Board of Selectmen increasing the fee to $160.00 with the provision that the applicant pay separately a $30.00 advertising fee. Minutes of March 3, 1992 Page 2 of 3 Mr. Wojtkiewicz felt that the $190.00 still was not an accurate figure as it was determined that the figure did not include overhead such as lights, heat, etc. Mr. Butler felt that the staff time figure -- Judy Scott's and Shaun Burke's time -- should not be included in the zoning Board's budget as their salary is already accounted for under another budget. Mrs. Cotton asked Mr. Lewis why Bert Cook's time was not figured into the Zoning Board's budget also, and Mr. Lewis explained that Mr. Cook's involvement with the Zoning Board does not include or require reviewing, drafting, and typing up recommendations (like the Planning board) or filing decisions and posting meetings (like the Town Clerk). Mr. Detrolio felt that the Town of Mansfield has high fees set for applications from other Boards and continually raises them. Mr. Clemmey suggested classifying variance applications and charging different fees for applications zoned as a residence, business, or industrial. Mr. Clemmey felt that residences should have the lowest fee and businesses and industrial sites should have a higher fee. Mr. Wojtkiewicz felt that the different classifications would be discriminatory. Mrs. Cotton felt that the classifications would not be fair as a residence generally has more abutters than an industrial site. A motion was made by Mr. Flynn and seconded by Mr. Butler to accept Mr. Lewis' recommendation of setting the fee at $160 per application with the applicant paying a separate charge of $30 for advertising. Mr. Wojtkiewicz and Mr. Flynn voted in favor of the motion. Mrs. Cotton, Mr. Butler, Mr. Clemmey, Mr. Secher, and Mr. Detrolio voted against the motion. Motion failed. A motion was made by Mrs. Cotton and seconded by Mr. Butler to have the application fee remain at $135 and charge the applicant $30 separately for advertising. Mrs. Cotton, Mr. Butler, Mr. Clemmey, Mr. Flynn, Mr. Secher, and Mr. Detrolio voted in favor of the motion. Mr. Wojtkiewicz voted against the motion. Motion passed. Diane Hinchey's letter was discussed again. It was suggested that George call Diane Hinchey and tell her the vote was already taken on February 18, 1992, and the contents of the letter will not change that vote. A motion was made by Mr. Flynn not to consider Diane Hinchey's letter based on the previous decision, but to read the letter into the record. Motion was not seconded. It was suggested that the motion be made at the next hearing on March 17, 1992, in the presence of Diane Hinchey. Minutes of March 3, 1992 Page 3 of 3 Lawrence Mahoney did not show up for his discussion. The meeting adjourned at 8:45 P.M. Respectfully submitted, Mary -Lou Cotton Clerk Next meeting March 17, 1992