HomeMy WebLinkAboutZBA_12071993ZONING BOARD OF APPEALS
MINUTES
December 7, 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; Leonard Flynn; Karl Clemmey; Eric Butler; Peter DeTroIio, Associate Member;
and Richard Secher, Associate Member.
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.
Mr. Clemmey stated that he is not a direct abutter, but an abutter within 300 feet, and
will step down from the hearing if the applicant requests. Mr. Schneider did not want
Mr. Clemmey to step down.
The hearing on the application of Barry and Barbara Schneider for a variance from
Section 4, Schedule 4.2.1 of the Zoning By -Laws, to allow for an existing non-
conforming structure with less than the required sideyard setback at 125 Central Street
in the R -3 Zone began at 7:40 P.M.
The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a
Plan of Land dated October 21, 1993 prepared by David E. Grant, Registered Land
Surveyor, 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 (3) in favor,
with one (1) abstention to send a positive recommendation."
Mrs. Cotton asked Mr. and Mrs. Schneider to explain their hardship.
Mr. Schneider explained that his home, a single family house, was constructed
pursuant to a building permit dated December 21, 1977, but through inadvertence was
located less than the 15 feet from the south sideline as was required by the Zoning By-
Laws in effect at the time of construction. The error was apparently discovered, and a
Plan dated January 8, 1979 was recorded in the Bristol County Northern District
Registry of Deeds, which added three (3) feet to the south side of the subject lot, but
corrective deeds between the then owners were never recorded to reflect the changes
made on the Plan. Mr. Schneider purchased the property on July 26, 1985 and was not
aware that any violation existed. Mr. Schneider refinanced his property in 1988 and
the problem was not discovered at that time. In the process of refinancing their
mortgage again, through a different bank, they were informed that the property did not
comply.with the side yard setback requirements of the Zoning By -Laws.
The hearing closed at 7 :45 P,M.
A motion was made by Mr. Flynn and seconded by Mr. Clemmey to grant a variance
to Mr. and Mrs. Schneider. Unanimously granted.
The Minutes of November 16, 1993 were unanimously granted.
Mr. Clemmey thanked the Board and explained that he has enjoyed the last 3 years on
the Zoning Board of Appeals and wishes the new members good luck.
The meeting adjourned at 7:50 P.M.
Acting