HomeMy WebLinkAboutZBA_04021996ZONING BOARD OF APPEALS
MINUTES
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APRIL 2, 1996 .;_'_�E i`,? Il
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: Richard Secher, Chairman; Donald Daniels,
Clerk; Eric Butler; Leonard Flynn; Peter DeTrolio; and Duane Frederick, Associate Member.
No hearings were scheduled for this evening.
A decision is to be made on the application of William Richard and Dale Paccione. Mr. Daniels
read a letter dated March 26, 1996 to the ZBA from Robert Mangiaratti, Esq. into the record: "I
understand that you are currently considering the variance application of Dale Paccione and
William Richard. In view of this history and the judgment of the court, I recommend that the
Zoning Board of Appeals consider the currently pending application as if the zoning by -law were
as it existed when the first application was filed on December 20, 1993. Under the by -law
applicable then, you could grant use variances. Although I believe you have authority to grant a
use variance in this unique case, I do not comment on the merits of the application. In this matter,
like any other variance application, you should strictly apply the requirements for a variance set
forth in G.L. Chapter 40A, Section 10."
A motion was made by Mr. Flynn and seconded by Mr. Butler to deny the variance to Mr. ,
Richard and Mr. Paccione. Reasons: The house was purchased in 1976 as a two family; the
building has always been taxed as a two family; all town records show it as a two family; there
was no evidence presented to justify it was ever a three family; it derogates from the intent of the
zoning by -law; no demonstrated hardship. All in favor of the motion to deny - Flynn, DeTrolio,
Secher. All opposed: Daniels, Butler. Motion to Deny 3 -2.
A motion was made by Mr. Daniels and seconded by Mr. DeTrolio to grant a variance to Mr.
Gentilezza (Osco). All in favor: Secher, Butler, DeTrolio and Daniels. Opposed, Flynn. Motion
granted. 4 -I.
A motion was made by Mr. Butler and seconded by Mr. Flynn to reconsider the Application
already granted to Mr. Dutra of 509 West Street. Unanimously granted to reconsider. Mr. Dutra
explained that his original plans were for a 24'x44' one story, one family addition with a single
Minutes of April 2, 1996
service for water, electric and sewer services. His plans changed slightly and the plans are 28'x44'
one -story, one - family addition with a single service for water, electric and sewer.
A motion was made by Mr. Butler and seconded by Mr. Flynn to amend the decision to Mr.
Dutra. All in favor: Butler, DeTrolio, Flynn and Frederick. All opposed: Secher. Decision
amended 4 -1 subject to a revised plan with the same conditions and the addition to be 28'x44'.
A motion was made by Mr. Flynn and seconded by Mr. DeTrolio to increase the secretarial pay to
$10.00 an hour, an increase of $1.00 per hour. Unanimously approved.
A motion was made by Mr. Flynn and seconded by Mr. Daniels to approve the Minutes of March
19, 1996. Unanimously approved.
Mr. Butler stated that he thought it would be a good idea if there were some sort of Cheat Sheet
for the Chairman so things would be a littler easier and not confusing at the meetings and also
when the Chairman is absent and the Clerk has to take over, he can just follow the sheet.
Mr. Frederick stated that the applicants are often confused and not sure what to do. Maybe they
could be made to feel more comfortable it things are explained to them.
The meeting adjourned at 9:00 P.M.
Respectfully submitted,
Donald Daniels,
Clerk