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ZONING BOARD OF APPEALS '>>" U i ' 1ELD
MINUTES 92 JUG Ito) A! 110: SG
H;iSV ILLD
May 19, 1992 KASS L-111USFT TS
The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA, at
7:40 P.M. Present at the hearing were the following members: George Wojtkiewicz,
Chairman; Mary-Lou Cotton, Clerk; Leonard Flynn; Karl Clemmey; Eric Butler;
Richard Secher, Associate Member; Peter DeTrolio, Associate Member and Richard
Lewis, Zoning Board of Appeals Advisor.
The hearing on the application of Steven L. Candela for a variance from Section 3.8.1a
of the Zoning By -Law for an existing non - conforming accessory building with less
than the required sideyard setback and from Schedule 4.2.1 for an existing dwelling at
3 Hodges Street with less than the required front and rear yard setbacks in the R -3
Zone. A variance is also requested from Section 3.8.1a for a proposed garage, to
replace an existing non- conforming structure with less than the required rear yard
setback, and from Schedule 4.2.1 for an existing dwelling at 66 Court Street with less
than the required front and sideyard setbacks and the existing lot with less than the
required lot area in the R -3 Zone began at 7:40 P.M.
The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a
Plan of Land dated April 1, 1992 prepared by David E. Grant, R.L.S., of Mansfield,
MA, as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the
record. With seven members present they voted unanimously that this application
substantially derogates from the intent of the Zoning By -Law as it relates to setbacks.
Moving the property line closer to the Hodges Street Structure increases the non-
conformity of the structure. They further stated that no clear hardship exists and the
construction of a new garage that does not meet setback requirements may be viewed as
a self - imposed hardship.
Mr. Wojtkiewicz asked Mr. Candela to explain his hardship. Mr. Candela explained
that it is hazardous for his children and the children in the neighborhood. There is an
ash /dirt floor; the windows are falling out; and there is no existing door. The garage is
basically falling apart and it is not usable as a garage. He proposes to tear the structure
down and construct a 26' x 34' garage.
Mr. Candela also stated that the existing garage now stands 1.4 feet from the property
line and is not conforming from the side and rear setbacks. The new garage would be
3 feet from the rear property line and 5 feet from the sideyard setback. The reason for
placing the garage in this location is to leave 8 feet between the new structure and the
existing house in order to get a pickup truck in his back yard to eventually clear some
land, landscape, remove rock piles and replace a broken fence.
Minutes of May 19, 1992
Page 2 of 3
Mr. Wojtkiewicz suggested doing all the yard work first and then constructing the
garage.
Mr. Candela wants to have the option to have access to his yard and to be able to
change things in the future. He plans to construct a gate between the new garage and
his existing house.
Mr. Candela further went on to explain that his property at 3 Hodges Street will
become conforming when the property line is moved by creating 10,000 square feet
and his other property at 66 Court Street will become more conforming even thought it
will still remain non - conforming.
Mr. Butler and Mr. Flynn raised the question of why Mr. Candela is building such a
large garage with dimensions of 26' x 36'.
Mr. Candela stated that he would like the garage to have a hip roof to look
aesthetically correct. He has a very large 13 room home. He has two cars, a boat,
lawn mower and children's bikes which he would rather keep locked up. He also feels
the neighborhood would look much neater with everything put away instead of out in
the open.
Mr. Clemmey asked if his properties are on town sewerage. u
Mr. Candela said yes. One property was not when he purchased it, but he has recently
had the property put on town sewerage.
Mr. Clemmey stated that he has done a great job with his properties. They are in
excellent condition, and they are an asset to the neighborhood. Also,the existing
garage is on stilts and should be removed. The fact that Mr. Candela was willing to
move his property line, instead of trying to squeeze his garage into a small area, and by
creating a conforming lot shows intent. He also has to file a new Form A for the
Hodges Street property.
Mr. Flynn was concerned about the height and number of levels on the new structure
since there was no elevation shown.
There was a restriction placed on the new structure. It has to be a single story structure
not to exceed 18 feet.
The hearing closed at 7:55 P.M.
A motion was made by Mr. Clemmey and seconded by Mrs. Cotton to grant a variance
to Steven Candela. Unanimously granted.
The Minutes of April 21, 1992 were unanimously approved.
Minutes of May 19, 1992
Page 3 of 3
The Minutes of April 21, 1992 were unanimously approved.
A vote was taken and it was agreed upon to meet on the first Tuesday in July and the
first Tuesday in August.
Dick Lewis discussed Town and Commonwealth By -Law in setting criteria for
findings, expansion of non - conforming usage. Mr. Wojtkiewicz suggested putting it on
the fall agenda.
The meeting adjourned at 8:15 P.M.
Respectfully submitted,
Mary -Lou Cotton
Clerk