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ZONING BOARD OF APPEALS
93 i'r123 Pi, 3: 0
MINUTES
June 1, 1993
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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; Richard Secher,
Associate Member; and Richard Lewis, Zoning Board of Appeals Advisor.
Mr. Richard Secher was appointed as a voting member for this hearing in place of Eric
Butler.
The hearing on the application of a David J. O'Connor for a variance from Section 4,
Schedule 4.2.1 of the Zoning By -Laws to construct a conforming addition to a non-
conforming structure at 27 Chestnut Street with less than the required front yard
setback in the R -2 Zone began at 7:40 P.M.
The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a
Plan of Land dated September 28, 1992 prepared by Bay Colony Group, Inc., of
Foxborough, MA as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board
into the record. With seven (7) members present they voted unanimously to support
the granting of a variance. However, the Planning Board respectfully recommends that
the Finding provision of the Zoning By -Law be explored for this application. If the
Finding provision of the Zoning By -Law recently adopted at Town Meeting can now be
used, this application may require only a finding and not require a variance.
Mr. Wojtkiewicz asked Mr. O'Connor to explain his hardship.
Mr. O'Connor explained that his house was built in 1910 and is very small. He would
like to put on a two -story addition which would be 25'x17' and extend straight out the
back of the house. The first floor would be a family room and a laundry room which
would bring the laundry room up from the basement. The second floor of the addition
would be a master bedroom.
The hearing closed at 7:45 P.M.
The hearing on the application of Winifred and Michael Masino for a variance from
Section 4, Schedule 4.2.1 of the Zoning By -Laws to complete construction of a single
Minutes of June 1, 1993
Page 2 of 4
family structure at 49 Fruit Street with less than the required minimum lot area,
frontage and side yard setbacks in the R -2 Zone began at 7:50 P.M. The application
was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Plan of Land
dated April 8, 1993 prepared by Hutchins - Trowbridge Associates, Inc., of Mansfield,
MA, as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the
record. With five (5) members present they voted unanimously to send the same
recommendation as stated in their letter dated March 18, 1993 (copy attached). On
Wednesday, March 17, 1993, the Mansfield Planning Board with six (6) members
present voted five (5) in favor with one (1) opposed to send a positive recommendation
on the application because the lot is pre - existing.
Mr. Wojtkiewicz explained that several years ago a variance was granted to the
Masinos, which expired. The Masinos came back but their application was not in order
so they resubmitted a new application and had the property resurveyed by Hutchins -
Trowbridge Associates, Inc., of Mansfield, MA.
An abutter, David Hustler of 5 Juniper Rd., was very negative about the building of
this home. He is concerned that since his land abuts the applicant's property it will
create a very congested area.
An abutter, Mr. Diaz of 50 Fruit Street, also gave a negative recommendation. He was
concerned about what impact this house would have on the neighborhood. Since Mr.
Diaz lives across the street, he was also concerned that the proposed house would
create a congested area.
Mr. Flynn explained that since the lot was pre - existing prior to the creation of the
Zoning By -Laws, the lot is grandfathered and has a right to be used.
Mr. Hustler was also very concerned about the condition of the foundation; if the
foundation is safe and how long a foundation can be left unused and still remain
buildable.
Mr. Flynn explained that the condition of the foundation comes under the jurisdiction
of the Building Inspector not the Zoning Board.
An abutter at 54 Fruit Street, directly next door to the applicant's property, suggested
putting a smaller house so it would look more in proportion. If the foundation was
made 2 and 1/2 feet smaller, the house could fit into the guidelines.
The hearing closed at 8:15 P.M.
Minutes of June 1, 1993
Page 3 of 4
Mr. Lou LeBlanc of New England Tire, 515 South Main Street, asked to speak to the
Board.
Mrs. Cotton stepped down for this discussion since she is an abutter to 515 South Main
Street.
Mr. LeBlanc explained that he is leasing the old Vickery Building with an option to
buy. Goodyear came down and would like Mr. LeBlanc to put 12 inch colored letters
between the garage doors. There is a variance for a sign to be placed on the roof of the
building but Mr. LeBlanc would like to change the roof sign to 12 inch letters.
Mr. Wojtkiewicz explained that he would like Mr. LeBlanc to resubmit his application
for a variance and go through the whole process because it is a non - conforming use.
Mr. Wojtkiewicz discussed the matter with the Board members and Richard Lewis.
Richard is to discuss the matter with Bert Cook and if Bert agrees to accept a letter
stating that the ZBA will accept the location change of the letters, Mr. LeBlanc does
not need to file a variance application for the new sign.
It was unanimously agreed by all ZBA members to meet on the 2nd Tuesday in July
and August.
Richard Lewis discussed the meeting last week, May 26, 1993, with the consultant
doing the Great Woods Land Survey. Mr. Lewis stated that Attorney Bobowski had
good direction of the Zoning By -Laws. The finding provision is in effect right now as
of the date of the Town Meeting. The attorney stated that the only time a variance
should be used is when something is presently conforming and creates a non-
conforming structure. Mr. Lewis will start researching findings.
The Minutes of April 18, 1993 and May 18, 1993 were unanimously approved.
A motion was made by Mr. Secher and seconded by Mr. Clemmey to grant a variance
to Mr. O'Connor. Unanimously granted. Reasons: Does not increase the non-
conformity; adds to the value of the neighborhood; adds to the value of the house.
Mr. Clemmey stated that in regard to the Masinos, he would like Mr. Cook to check
the foundation and then if it is found to be a safe buildable foundation then the ZBA
will vote. The hearing is continued until June 15, 1993
Minutes of June I, 1993
Page 4 of 4
The Meeting adjourned at 8:45 P.M.
Respectfully submitted,
Mary -Lou Cotton
Clerk