HomeMy WebLinkAboutZBA_11021993ZONING BOARD OF APPEALS
MINUTES
November 2, 1993
The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA, at
7 :40 P.M. Present at the hearing were the following members: Mary -Lou Cotton,
Clerk; Eric Butler; Karl Clemmey; Peter DeTrolio, Associate Member; Richard
Secher, Associate Member; and Richard Lewis, Zoning Board of Appeals Advisor.
Mary-Lou Cotton was appointed Acting Chairman in place of George Wojtkiewicz.
Eric Butler was appointed Acting Clerk in place of Mary-Lou Cotton,
Peter DeTrolio was appointed voting member in place of George Wojtkiewicz.
Richard Secher was appointed voting member in place of Leonard Flynn.
The hearing on the application of Timothy and Tracy Sjoberg for a variance from
Section 4, Schedule 4.2.1 of the zoning By -Laws to construct a proposed addition,
with less than the required sideyard setback, to an existing conforming structure at 11
Gloria Drive 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 October 1, 1993 prepared by Ralph I. Maloon, Rim Engineering
Co., Inc., Mansfield, MA, as Exhibit "C ". Mr. Butler read a letter from the Planning
Board into the record. "With six (b) members present they voted four (4) in favor with
two (2) opposed to send a negative recommendation on the application. Board
members opposed to granting the variance stated that they were of the opinion that a
number of options are available to the applicant, including changing the angle of the
proposed addition from 22 degrees to 27 degrees, shortening the length of the addition,
or placing the addition to the rear of the structure. It was also the opinion of the
Planning Board that the applicant did not state or demonstrate any hardship."
Mrs. Cotton asked Mr. and Mrs. Sjoberg to explain their hardship.
Mr. Sjoberg explained that he lives in a very small 1,500 square foot home. His wife
is pregnant and they would like more room in their home. They are requesting a
variance for 2 1/2 feet to put a family room on the side of their home. Mr. Sjoberg
explained that they tried putting the room at different angles with Mr. Maloon and this
Minutes of November 2, 1993
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angle of 22 degrees is the best for them because it gives the house character and keeps
the contemporary look of their home. Mr. Sjoberg spoke with every neighbor that
directly abuts him and they were all in favor of his addition. The addition could not be
put in the back of the house because there is a sewer utility easement that runs directly
through the back of the house and they did not want to have those pipes moved.
Mr. Steve Drew, 4 Gloria Drive, a direct abutter, spoke in favor of this addition.
Mr. Allan Willis, the builder of the house, was against the granting of this variance
stating that the applicants were told when they purchased the home that no addition
could be added; and he also stated that he believed there was no hardship involved.
The hearing closed at 8:00 P.M.
Mr. David O'Connor had his decision signed again because red ink had been used for
the last signatures and the Registry had refused to file his variance.
Oraibi Realty Trust, 200 Eastman Street, was postponed unfit the next meeting,
November 16, 1993 because only three voting members were present.
Mr. Clemmey stated that he spoke with Mr. Cook regarding this matter and Mr. Cook
does not feel that there is enough case law to make a decision.
Mr. Butler stated that we should draft a decision to have ready at the next meeting
stating that the decision was denied due to lack of insufficient information.
A motion was made by Mr. DeTrolio and seconded by Mr. Clemmey to grant a
variance to Mr. and Mrs. Sjoberg. Unanimously granted. Reasons: if the addition
was not placed at an angle it would interfere with the sewer; not detrimental to the
public good; none of the abutters are objecting; not a safety issue; does not derogate
from the intent of the Zoning By -Law; it is a very unusual lot; and the addition would
fit in with the style of the home.
The Minutes of October 19, 1993 were unanimously granted.
The meeting adjourned at 8 :30 P.M.
Respectfully submitt ,
Mary-Lou Cotton,
Clerk