HomeMy WebLinkAboutZBA_01071997ZONING BOARD OF APPEALS
MINUTES
JANUARY 7,1997
The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA, at 8:10 P.M.
Present at the hearing were the following members: Richard Secher, Chairman; Donald Daniels,
Clerk; Leonard Flynn; Eric Butter; and Richard Devine.
At 7:30 when the meeting was to begin Mr. Secher, Mr. Flynn, Mr. Butler and Mr. Devine were
present. Only Mr. Secher and Mr. Flynn had been present at the meeting of December 17, 1996
and had heard the Armstrong hearing which was continued until January 7, 1997. The Board
asked Karen Lawlor to telephone Mr. DeTrolio and Mr. Frederick ask that they come to the
meeting. Mr. Daniels arrived at 7:45 P.M.; Mr.DeTrolio and Mr. Fredericks arrived around 8:00
P.M.
Mr. Secher explained to the applicant, Mr. Armstrong (Monahan and Necco) that since only four
(4) members who were present at the December 17, 1996 meeting were present, a unanimous
vote would be needed to have his application granted. He could either go with the four (4)
members (Secher, Flynn, Daniels, Frederick) or explain the situation again and have the five (5)
members now present, (Secher, Flynn, Daniels, Butler, Devine) vote on his application. Mr.
Armstrong and his attorney, Bernard Kafka, decided to explain the situation to the five (5)
members now present.
Mr. Armstrong presented one copy of the subdivision plans which were requested by the Board.
Mr. Armstrong explained that the property's frontage is on Monahan Lane, however, there is a
steep 15 foot drop -off from Monahan Lane to the level portion of the property. Mr. Armstrong is
concerned that the driveway is dangerous for ordinary travel and emergency vehicles; visitors
might have difficulty finding the house, and would like his address changed from 72 Monahan
Lane to 27 Necco Road. The house is laid out facing Necco Road because it is located on the
high point of the property; the 50 foot water main easement that crosses the property limits
placement options; and it is safer and more convenient access to the property from Necco Road.
Mr. Armstrong also stated that he has the Monahan Lane driveway and a driveway on N=o
Road which he uses; and also, that the Assessor's Office and Post Office have assigned him 27
Necco Road for his use.
Minutes of January 7, 1997
Mr. Daniels read a letter from Lt. Richard M. Towne, Fire Prevention Division, Mansfield Fire
Department dated January 7, 1997 into the record. "After having viewed your property at 72
Monahan Lane, I would support your request for a change of address to 27 Necco Road. It is my
opinion that the grade and length of the driveway from Monahan Lane would, in certain weather
conditions, make it difficult or even impossible for emergency vehicles to gain access to the
house. Entrance frown Necco Road is direct and poses no problems. For these reasons I feel that
a Necco Road address would be an advantage to you as the homeowner. If I can be of further
assistance please feel free to contact me."
The Board asked Mr. Armstrong why he has come before the ZBA, since he is already using the
Necco Road driveway and the Post Office has given him a 27 Necco Road address. Mr.
Armstrong stated that the Building Inspector suggested he come before the Board.
Mr. Kafka felt no need to continue with the application request and after discussion with his client
submitted a request to withdraw without prejudice. A motion was made by Mr. Flynn and
seconded by Mr. Butler to accept Mr. Armstrong's withdrawal. Unanimously approved.
Abutters were concerned with the fact that people will use Mr. Armstrong's Monahan Lane
driveway as a street and they would like the curb cut removed. The Board explained that a curb
cut can only be removed by resubmitting the plans to the planning board; and that if people use
the driveway as a street they will be trespassing on private property.
A motion was made by Mr. Flynn and seconded by Mr. Daniels to approve the Minutes of
December 17, 1996. Unanimously approved with two (2) abstentions (Mr. Butler and Devine).
The meeting adjourned at 9:50 P.M.
Respectfully submitted,
Donald Daniels, Clerk