HomeMy WebLinkAboutZBA_01051993ZONING BOARD OF APPEALS
MINUTES
January 5, 1993
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: George Wojtkiewicz,
Chairman; Mary-Lou Cotton, Clerk; Leonard Flynn; Karl Clemmey; Eric Butler;
Richard Secher, Associate Member, and Richard Lewis, Zoning Board of Appeals
Advisor.
The hearing on the application of Anna Palanza for a variance from Section 4,
Schedule 4.2.1 of the Zoning By -Laws to construct an addition to a non - conforming
structure at 339 Pratt Street with less than the required sideyard setback in the R -2
Zone began at 7:35 P.M.
The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and
a Plot Plan of Land showing the location of the existing structure and the proposed
addition including an Architectural Rendition of the Structure dated November 29,
1992, prepared by William O. Bishop, Professional Engineer, as Exhibit "C ".
Mr. Wojtkiewicz asked Mr. Palanza to explain the hardship.
Mr. Thomas Palanza explained that they would like to expand and attach the two
existing garages. This is so Mrs. Palanza can go from one house to the other without
going outside. They were informed by Mr. Cook that a variance was needed because
the house was an existing non - conforming structure.
An abutter, Mr. Leo Annese of 325 Pratt Street, gave a positive recommendation, and
stated that whatever they do to their property will be an asset to the neighborhood.
The hearing closed at 7:50 P.M.
A motion was made by Mr. Clemmey and seconded by Mr. Butler to grant a motion to
Anna Palanza. Unanimously granted. Reasons: It is a pre - existing non - conforming
structure; does not derogate from the Zoning By -Laws; and is not detrimental to the
public good.
Minutes of January 5, 1993
Page 2 of 3
Mr. Clemmey requested that the decision be prepared as soon as possible so Mrs.
Palanza does not have to wait for the next meeting for the decision to be signed.
A motion was made by Mr. Flynn and seconded by Mr. Butler to approved the Minutes
of December 15, 1992. Unanimously approved.
Mr. Wojtkiewicz stated that he has a copy of the proposed budget for anyone interested
in seeing it.
Mrs. Cotton read a letter from Mr. Bertram Cook to Mr. Thomas McDonald into the
record. It had been brought to his attention that an addition was constructed at the rear
of the building at 945 East Street. Mr. McDonald is in violation of the By -Laws, as
well as the variance which was granted on January 7, 1992 which allowed a limited
structure of 30'x30' to be built. He is also in violation of a Special Permit issued by
the Planning Board on March 18, 1992. He has three alternatives: remove the
addition; seek additional variances; or appeal the decision of the Inspector of Buildings
through the Mansfield Zoning Board of Appeals.
Mr. Wojtkiewicz stated that at the next ZBA meeting, January 19, 1993, members of
the Planning Board have been invited to discuss various problems. He suggested
putting some ideas down on paper to present to the Planning Board. The following
topics were discussed to present to the Planning Board: (1) Non - conforming structure
language - 40A wording; (2) Industrial Park signage; (3) Inconsistent Permits; (4)
Enforcement of the By -Laws; and (5) Reservoir District - there are no sign
requirements.
Mr. Wojtkiewicz asked Dick Lewis to create a list with the topics to be discussed with
the Planning Board. Dick Lewis suggested that as issues arise, they should be brought
to the attention of the Planning Board.
A motion was made by Mr. Flynn and seconded by Mr. Butler as to whether the matter
of signs should be brought up. For example, size, number of signs per building, and
actual location of each sign. The sign situation has created a problem in regard to
being placed in the front of the building as opposed to the side of the building. The
vote was four (4) in favor with one (1) opposition (Mr. Flynn), as to whether the sign
should actuallly be placed in the front of the building and not the side of the building.
Minutes of January 5, 1993
Page 3 of 3
The Marcaccio matter was discussed. Mr. Lewis explained that the hearing regarding
the restraining order being brought against the Marcaccios by the Baptist Church was
thrown out by the Judge. The Marcaccios can continue building their mud room and
garage. Following the hearing the Marcaccios and the Church's attorney talked
together for the first time and decided they might be able to reach a decision
themselves.
The meeting closed at 9:00 P.M.
Respectfully submitted,
Mary -Lou Cotton,
Clerk