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HomeMy WebLinkAboutZBA_12151992R� ZONING BOARD OF APPEALS C33 P`1 1-. 29 MINUTES December 15, 1992 The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA, at 7:35 P.M. Present at the hearing were the following members: 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. Mary-Lou Cotton was appointed Acting Chairman, and Leonard Flynn was appointed Acting Clerk. A motion was made by Mr. Clemmey and seconded by Mr. Flynn to open an Executive Session regarding litigation of Mario and Monika Marcaccio and the Grace Community Baptist Church. Unanimously approved. (See Attached - Executive Session) The Minutes of December 1, 1992 were unanimously approved, with one abstention by Mr. Clemmey. Mr. Flynn read a letter from Paul Connor into the record. Mr. Connor enclosed a letter from Charles Bennett. This will clearly show the difference between dimensional requirements and non - conforming use of the land on which his building is being rebuilt. Mr. Connor believes he does not need further variances but the Building Inspector does not agree; and he requested that Town Counsel be expedient in resolving this misinterpretation of the Zoning By -Laws so as to let him get on with his business and reduce the expense of building in the middle of the winter. Mr. Flynn read a letter from Charles Bennett into the record. Mr. Bennett enclosed a copy of the case Stampfl vs. Zoning Board of Appeals of Norwood, 33 Mass. App. Ct. 354, 357. The case states that a buffer zone provision in a By -Law is not a dimensional provision, but is instead a use requirement. Mr. Connor is making a change in a non - conforming building as distinguished from a change in a non- conforming use. The present buffer zone between his building and the residential area is not being changed in that the new building is going in the same footprint for all Minutes of December 15, 1992 Page 2 of 3 intents and purposes. Therefore, the non - conforming use, that is the buffer zone, is not being changed. Mr. Flynn also read a letter to Mr. Mangiaratti, Town Counsel, from Richard Lewis, into the record. The relevant points of fact of the Mansfield Jeep Eagle Dealer case were detailed. The following questions were asked: a) Does the Rockwood case apply to the specific case of the Jeep Eagle project; b) Is there work that can be done to a non - conforming, non - residential structure which would not trigger the need to seek appropriate variances; and c) If the proposed change or alteration to the non- conforming, non - residential structure is within the same footprint as the existing building, what type of ZBA action is necessary? Mr. Butler stated that he was disappointed that the letter wasn't reviewed with the Board members before it was sent to Town Counsel. Mr. Lewis explained that he was instructed to send the letter out as soon as possible in order to a response as quickly as possible. It was discussed whether the Board is fighting Mr. Connor's case for him or should his attorney handle it. The situation is now up to Mr. Connor to sit down with the Planning Board and Mr. Cook to find out exactly what sections he needs variances for. Mr. Cook will not issue Mr. Connor a building permit. The only way Mr. Connor will receive a permit is to resubmit an application for the sections needed. Also, if an applicant is not requesting exactly what he needs in his application, is it up to Dick Lewis to walk each applicant through the process. Mr. Lewis explained that he researched the Bruce Tyson matter and the period of time is one year from the date it was granted. The meeting adjourned at 8:45 P.M. Minutes of December 15, 1992 Page 3 of 3 EXECUTIVE SESSION Mr. Lewis explained that on December 17, 1992 there is a hearing regarding a Temporary Restraining Order. The Church wants the Marcaccio's to stop the construction on their mud room and garage. All Board members were sent copies of court papers but not everyone has received or reviewed them. The Church feels that the Board's notification process is not done correctly and even though the Assessor's Office had the mailing address listed as 778 South Main Street, the Board should have known there was no church there and no church officials living there. A motion was made by Mr. Clemmey and seconded by Mr. Butler to go out of Executive Session. Unanimously granted.