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