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HomeMy WebLinkAboutZBA_09071993ZONING BOARD OF APPEALS MINUTES September 7, 1993 The Board of Appeals held its regular meeting in the Town Hall,' rsfield;-MA, at 7:40 P.M. Present at the hearing were the following members: Geoige Wojtkiewicz, Chairman; Mary-Lou Cotton, Clerk; Leonard Flynn; Eric Buller; Pe&PDeTrolio Associate Member; Richard Secher, Associate Member; and 12ich d.Lewis, Zoning Board of Appeals Advisor. ? Peter DeTrolio was appointed voting member in place of-Karl Clemmoy- -for this hearing. The hearing on the application of Franklyn A. Allen, III, for a variance from Section 4, Schedule 4.2.1 of the Zoning By -Laws for a proposed single family residential lot with less than the required frontage (20 foot right -of -way instead of the required 150 feet), and from Section 1.5.17a of the Zoning By -Laws, lot width, for the same proposed lot at the rear of 795 Ware Street in the R -1 Zone began at 7:40 P.M. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Plan of Land dated May 4, 1992 prepared by Hutchins - Trowbridge Associates, Inc., Mansfield, MA, as Exhibit "C ". Mrs. Cotton read a letter from the Planning Board into the record. "With six (6) members present they voted three (3) in favor, two (2) opposed with one (1) abstention to send a negative recommendation on the application. It was the opinion of the majority of the Planning Board that the purposed variance would substantially derogate from the intent of the Zoning By -Law due to its lack of sufficient frontage." Mr. Wojtkiewicz asked Mr. Allen to explain his hardship. Mr. Allen explained that he is Franklyn Allen, Jr. and he will speak for his son, Franklyn Allen, III, who is the applicant. Mr. Allen explained that he would like to put up a house on a 5.8 acre parcel of land. The distance from the wetlands and all abutters is fine. The problem is that the only access to the property is through a 20 foot right of way. Mr. Allen explained that this is a hardship because the land is not set up for a subdivision, even though it is a buildable piece of land. Minutes of September 7, 1993 Page 2 of 2 Mr. Flynn presented various maps regarding the different stages of Mr. Allen's development of this land which is approximately 30 acres of land. Mr. Richard Hoffman, an abutter at Essex Street, asked if this lot can be subdivided later to put more houses in. Mr. Wojtkiewicz explained that the ZBA can put restrictions on this variance if it is granted. The hearing closed at 8:10 P.M. Mr. William Beardsworth, 27 Columbine Road, presented new survey plans that were requested at the August 17, 1993 meeting. Mr. Beardsworth found out that the Town of Mansfield owns Airport Road, and the Town Engineer -has no information regarding the development of Airport Road. Mr. Wojtkiewicz asked Mr. Lewis to research the document which states that the Town of Mansfield owns Airport Road. Mr. Beardsworth hearing has been continued until the next meeting, September 21, 1993 since only three members, Mr. Wojtkiewicz, Mrs. Cotton and Mr. DeTrolio were present to vote; Mr. Clemmey was absent. A motion was made by Mrs. Cotton and seconded by Mr. DeTrolio to deny a variance to Franklyn Allen. Unanimously denied. Reasons: Self- created hardship; zero frontage derogates from the Zoning By -Law; not in the public good; no demonstrated hardship. The Minutes of August 17, 1993 were unanimously approved with changes. Mr. Lewis had a policy question regarding mortgage plot plans being accepted in place of plans done by registered land surveyors. The Board discussed using discretion and if it is stamped by a registered land surveyor or engineer it can be accepted. The meeting adjourned at 8:50 P.M. Respectfully submitted. Mary u Cotton, Clerk