HomeMy WebLinkAboutZBA10211997ZONING BOARD OF APPEALS
MINUTES
OCTOBER 21, 1997
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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; Leonard Flynn; Eric Butler; Richard Devine; and Olivier Kozlowski, Associate Member.
The hearing on the application of Stanley Feck for a Variance from Sections 1.5.17a and 4.2.1 of
the Zoning By -Law to allow for the construction of a single family house on a lot, located at 968
West Street in the R -1 Zone, with less than the required lot width and frontage, and to allow
access, with the appropriate street address, to the lot to be located on a right -of -way off of
Tremont Street.
The application was labeled as Exhibit "A "; a newspaper advertisement as Exhibit "B "; and a Plan
A Preliminary Plan in Mansfield, MA, dated September 29, 1997 prepared by Ralph Maloon, RIM
Engineering Co., Inc., Mansfield, MA, was labeled as Exhibit "C ". Mr. Flynn read a letter from
the Planning Board into the record. "With five (5) members present, they voted unanimously to
send a negative recommendation on the application. The Board so voted because there was no
assurance that there would not be further development of the property should the variance be
granted."
Mr. Secher asked the applicant to present their case.
Mr. Feck explained the existing site has a 50' wide entrance with corner roundings at West Street.
This provides access necessary under current zoning to construct a road for single family houses.
The site could be subdivided into two lots as shown on Plan A. Since the cost of the road would
exceed the value of one lot, economically it makes no sense to build the road and have the town
maintain the road if one lot would be allowed. The variance for lot frontage and width would
allow the one lot.
A second variance is being requested to allow the address for this lot to be on Tremont Street.
Plan B shows the proposed house location and two driveways. The driveway will be on an
easement from Tremont Street. Although we could certainly construct this driveway there are
several reasons we prefer the Tremont address: (1) To access Town sewerage by gravity rather
Minutes of October 21, 1997
Page 2 of 2
than a grinder pump; (2) fire safety; (3) the land toward Tremont Street is much more condusive
for designing a single family house where as, West Street access would be better suited for a road
design. Although the West Street access meets the Planning Board regulations for sight distance,
it still appears to be a dangerous location for a driveway or road.
The hearing closed at 7:50 P.M.
A motion was made by Mr. Butler and seconded by Mr. Daniels to grant a variance to build one
house. Motion failed 2 in favor 3 against.
A motion was made by Mr. Flynn and seconded by Mr. Devine to deny the variance for a
Tremont Street address on a West Street lot. Motion passes, variance denied 5 -0.
A motion was made by Mr. Devine and seconded by Mr. Butler to approve the Minutes of
October 6, 1997. Minutes unanimously approved.
The meeting adjourned at 8:30 P.M.
Respectfully submitted,
onald Daniels, Clerk