HomeMy WebLinkAboutZBA_10051993ZONING BOARD OF APPEALS
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October 5, 1993 it ,S Coll )E I (S
The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA, at
7:30 P.M. Present at the hearing were the following members: George Wojtkiewicz,
Chairman; Mary -Lou Cotton, Clerk; Leonard Flynn; Karl Clemmey; Eric Butler; Peter
DeTrolio, Associate Member; Richard Secher, Associate Member; and Richard Lewis,
Zoning Board of Appeals Advisor.
The hearing on the application of Francis A. Naugle for a variance from Section 4,
Schedule 4.2.1 of the Zoning By -Laws, for the alteration (screening in of a deck) of an
existing structure with less than the required sideyard setback at 976 Maple Street in the
R -1 Zone began at 7:30 P.M.
The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B "; a
Mortgage Plot Plan of Land dated June 5, 1992 prepared by Nicholas Beinars, R.L.S.,
Foxborough, MA, as Exhibit "C Mrs. Cotton read a letter from the Planning Board
into the record. "Due to a lack of information on the applicant's plan, the Board is
unable to forward a recommendation on this application."
Mr. Wojtkiewicz asked Mr. Nangle to explain his hardship.
Mr. Naugle explained that when his house was built in 1983, the deck was added at
that time. Mr. Nangle refinanced his home in 1992 and found out that the existing
deck was non - conforming. He is requesting a variance to put a roof on the deck,
enclose and winterize it.
The hearing.closed at 7:40 P.M.
Mr. Beardsworth of Columbine Road presented a letter to the Board withdrawing his
application without prejudice.
The hearing on the application of Oraibi Realty Trust for a variance from Section 4,
Schedule 4.2.1 of the Zoning By -Laws, in order to access a conforming lot, with the
required frontage on Eastman Street (Rt. 106), through a 20 foot wide easement off of
Donegal Way at Lot 10 as shown on the Eastleigh Estates subdivision plan in the R -1
Zone began at 7:45 P.M.
The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a
Plan of Land dated August 24, 1993 prepared by Hutchins - Trowbridge Associates,
Inc., Mansfield, MA, as Exhibit "C Mrs. Cotton read a letter from the Planning
Board into the record. "With four (4) members present they voted three (3) in favor,
with one (1) abstention to forward a positive recommendation on the application. It
was the opinion that the public interest would be served and public safety enhanced by
preventing driveway access onto Rt. 106."
Mr. Wojtkiewicz asked Attorney Valenzola to explain his hardship.
Richard Lewis explained that he spoke with Bert Cook and Town Counsel regarding a
recent court case regarding illusionary access. The issue was that you no longer have
to access off of frontage; you can enter the property any way you want just as long as
there is frontage.
Mr. Valenzola explained that he just received this case and is no too familiar with it.
He is familiar with the case Mr. Lewis explained and feels it is in the best interest of
his client to research that case, speak with Bert Cook and apply for a building permit
again. Mr. Valenzola requested that the hearing be continued until the next meeting,
October 19, 1993.
The hearing closed at 8:00 P.M.
The Minutes of September 21, 1993 were unanimously granted.
A motion was made by Mr. Butler and seconded by Mrs. Cotton to grant a variance to
Mr. Naugle. Unanimously granted. Restriction: sideyard setback must state not
greater than 22 feet.
Richard Lewis stated that at the next town meeting the Planning Board plans to modify
certain sections which would expand the power of the ZBA. -
The meeting adjourned at 8:30 P.M.
Respectfully submitted,
Mary-Lou Cotton,
Clerk