Loading...
HomeMy WebLinkAboutZBA_06221993ZONING BOARD OF APPEALS MINUTES �j GUG June 22 1993 ,t SPECIAL MEETING The Board of Appeals held a special 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; and Richard Secher, Associate Member. Mary -Lou Cotton read a memo from Richard Lewis regarding the Masino applications into the record, with attachments xeroxed from the Massachusetts Zoning Manual. Due to the conflict of schedules, I will not be able to attend this meeting. I would like to pass on my recommendations on regarding the Masino matter. I spoke with Mrs. Masino and she stated her commitment to remove the existing foundation and construct a new house that meets the required sideyard setbacks. I believe that the variance should be granted for lot size and frontage, but not for sideyard setbacks. I think such a variance is defendable. To condition a variance on a possible finding that the existing foundation is adequate adds, I think, a cloud to any decision and does not create a defendable variance. Also, please refer to the attached sheets from the MCLE Zoning Manual where it talks about hardships, financial or otherwise. It does not appear that the required removal of the existing foundation creates a hardship. Mrs. Cotton read a letter from Al Bacchiocchi, Assistant Building Inspector, into the record. To Whom It May Concern: I inspected an existing foundation on Fruit Street between house numbers 41 and 55. I found only one crack in the foundation but concrete crack is tight and parallel. A test hole was dug along side of concrete foundation wall. I found no footing and wall approximately 6'0" in height. It is my opinion that the existing foundation will meet code if a wall is poured at garage door opening about 2' high the length of garage door opening and finish grade around building is no more than the 2' below top of concrete call. The Board members agreed that the Building Inspector is not qualified to test the foundation and it should be professionally inspected. Minutes of June 22, 1993 Page 2 of 2 A motion was made by Mr. Flynn and seconded by Mrs. Cotton to grant a variance to Mr. and Mrs. Masino. Unanimously granted, 4 in favor, 1 not present. The variance was granted for less than the minimum lot area and less than minimum lot frontage; but not for the requested sideyard setback. The meeting adjourned at 7:50 P.M. Karl Clemmey arrived at 7:50 P.M. after the meeting had adjourned. Respectfully submitted, Mary-Lou Cotton, Clerk