HomeMy WebLinkAboutZBA_09211993ZONING BOARD OF APPEALS
MINUTES
September 21, 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: Mary-Lou Cotton,
Clerk; Leonard Flynn; Karl Clemmey; Eric Butler; Peter DeTrolio, Associate Member;
and Richard Lewis, Zoning Board of Appeals Advisor.
Mary-Lou Cotton was appointed Acting Chairman in place of George Wojtkiewicz.
Leonard Flynn was appointed Acting Clerk in place of Mary-Lou Cotton.
Peter DeTrolio was appointed voting member in place of George Wojtkiewicz for the
entire meeting.
The hearing on the application of Paul and Joyce Matthews for a variance from
Section 4, Schedule 4.2.1 of the Zoning By -Laws for the construction of proposed
additions to a pre - existing conforming single family home, with the additions having
less than the required sideyard setbacks at 37 Gilbert Street in the R -i Zone began at
7:35 P.M.
The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a
Plan of Land dated August 30, 1993 prepared by David E. Grant, Mansfield, MA, as
Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. "With
four (4) members present they voted three in favor, none opposed with one abstention
to forward a negative recommendation on the application. It was the opinion of a
majority of the Board that to grant two variances to allow a conforming structure to
become non - conforming in both sideyards substantially derogates from the intent of the
Zoning By -Law. It was suggested by the Planning Board that the applicants explore
other ways of expanding the existing dwelling."
Mrs. Cotton asked Mr. and Mrs. Matthews to explain their hardship.
Mr. Matthews explained that he is requesting to build two additions on their home.
One addition would be a 24'x24' garage with a 4' breezeway and the other side would
be a 12.5'x24' addition which would include an office and a nursery. The reason for
these additions is Mrs. Matthews has MS. Some of her symptoms is weakness and
Minutes of September 21, 1993
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being susceptible to cold weather. They have a new baby and it is too much for Mrs.
Matthews to go up and down the stairs during the day to change and take care of the
baby. The reason for the garage is for Mrs. Matthews to go directly into her car
during the cold weather. The additions will be single story with the nursery off of the
kitchen and the office in the front of the house.
William David, an abutter at 25 Gilbert Street, spoke in support of the variance
application. He stated that their septic system is in the back of the house so the
addition could not be constructed in the back of the house.
Elaine Hooper, an abutter at 45 Gilbert Street, spoke in support of the variance
application.
The hearing closed at 8:00 P.M.
The Minutes of September 7, 1993 were unanimously granted.
A motion was made by Mr. Clemmey and seconded by Mr. DeTrolio to grant a
variance to Mr. and Mrs. Matthews. Granted 4 -1.. For: Mr. Clemmey, Mr.
DeTrolio; Mr. Butler; and Mrs. Cotton. Against: Mr. Flynn. Reasons For: The
septic system is in the rear of the house; not detrimental to the public good; not a safety
issue; none of the abutters are objecting; and not a safety issue. Reasons Against: It is
creating two different variance requests.
The application of William Beardsworth which was continued until this meeting was
continued until October 5, 1993 since Mr. Wojtkiewicz was not present. A discussion
regarding Mr. Beardsworth's application followed. A motion was made by Mr.
Clemmey and seconded by Mrs. Cotton to send a letter to Mr. Beardsworth with a
copy to Mr. Cook stating the following options: (1) That Mr. Beardsworth leave plans
and information as is and the Board will act; (2) Ask the Board for an extension so the
Board can review and evaluate a revised plot plan showing all structures and fences;
and (3) Withdraw his application-without prejudice, and refile a new application. Mr.
Lewis is to draft this letter.
The meeting adjourned at 8:30 P.M.
J