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HomeMy WebLinkAboutZBA_1017199596 JNI I I AN 9: 57 ZONING BOARD OF APPEALS " i L _ HASSA.C1111St l ! S MINUTES OCTOBER 17, 1995 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: Eric Butler, Chairman; Leonard Flynn, Clerk; Peter DeTrolio; Richard Secher; Donald Daniels; and Duane Frederick, Associate Member. No hearings were scheduled for this meeting. Mr. Flynn read a letter from Lauren Rackette into the record. She explained in her letter that she felt that when she came before the Board at the October 3rd meeting she did not explain herself very clearly and left out a some important information. Mr. Flynn explained that if she is unhappy with the decision her recourse is in the courts. Mr. Butler explained that she has a legal right to speak and she should be given time at the next meeting to speak before the Board. The discussion on the application of Citizen's Scholarship Foundation of America was opened. This hearing had been closed but correspondence would still be accepted. A motion was made by Mr. Flynn and seconded by Mr. Secher to deny a variance to Citizen's Scholarship Foundation of America. Reasons: Derogates from the intent of the Zoning By -Law; does not have the required frontage; width and area; and where is the hardship? Mr. Flynn read a letter dated October 11, 1995 from Carol and Ralph Penney of 336 Old Maple Street into the record. "Unfortunately, I was unable to attend the October 3, 1995 variance hearing on the Seifort lot on Old Maple Street. We wish to present our opposition to your granting a variance, based on the following facts: (1) Mr. Seifort is attempting to squeeze one more house into an already built -out neighborhood; (2) Any hardship associated with the lot was created by Mr. Seifort himself; (3) As a former Water and Sewer Commissioner in Mansfield, the last thing the Town needs is another septic system located within fifty feet of Lower Factory Minutes of October 17, 1995 Pond; (4) As a former Road Commissioner in Mansfield, it is my opinion that Mr. Seifort's lot is showing frontage on a section of Old Maple Street that has been abandoned; and (5) the Town of Mansfield had considered purchasing the land in question in order to protect its water supply, but the land was determined not to be worth the asking price of 100,000." Mr. Flynn read a letter dated October 17, 1995 from Attorney Garrett Spillane into the record. " The purpose of this letter is to clarify the confusion regarding the issue of whether the CSFA lot has frontage on a public street. Please refer to the letter written by Attorney Mark Bobrowski dated February 16, 1995. Attorney Bobrowski states in his first paragraph: "I have relied upon the following facts: .... 8. Maple Street was relocated by a vote of town meeting on March 12, 1956, thus rendering "Old Maple Street" as it passes in front of the CSFA lot, no longer used for travel by the public." As stated above, Attorney Bobrowski's letter contains analysis and conclusions based on the assumption that the relocation of Maple Street discontinued Maple Street in front of the CSFA lot. As evidenced by the town meeting vote, relocation plan, and selectmen taking, this assumption was incorrect, and any analysis and conclusions based on that assumption are incorrect." Board members discussed the following reasons: derogates from the intent of the Zoning By -Law; pork chop lots; doesn't meet - frontage requirement width requirement area requirement; protection had expired; hardship was created by the applicant; 4 acres - good portion of this land is in Foxborough and under water All in favor of the motion to deny - yes - Butler; Flynn; Secher; DeTrolio; and Daniels Denied 5 -0. Application of Losiewicz, Perkins Avenue - no information received yet - place on November 7, 1995 agenda. Superior Realty Trust - Mr. Flynn read a letter from Attorney Edward Patten into the record. "My thanks to you and your Board for your courtesies on the evening of October 3, 1995. On behalf of my client, I would like to point out to the Board that the Superior Realty Trust Minutes of October 17, 1995 application appears to have been filed on July 18, 1995. As you area aware, there is a 100 -day "action" period for variance applications and the period begins to run on the date of filing.... must file its written decision with the Town Clerk no later than November 9, 1995." The Board discussed whether to allow the applicant to use Down Lane as frontage. The Conservation Commission would rather they do. This lot is a legal buildable lot and the 20 foot area in question has always been a part of the lot. A motion was made by Mr. DeTrolio and seconded by Mr. Daniels to grant a variance for Superior Realty Trust. Granted 4 -1 Yes: DeTrolio, Daniels; Flynn; Secher. No - Butler. Mr. Flynn read the Minutes of August 15, 1995 into the record. Minutes approved with amendments. Corrections should be made to Minutes of October 3, 1995. A motion was made by lbfr. Secher and seconded by Mr. DeTrolio to adjourn the meeting. at 9:00 P.M.