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17
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ZONING BOARD OF APPEALS
97lli, 19 Fii 51
MINUTES
[1AS5; -G.IL JS---'T I S
JUNE 3,1997
The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA, at 7:45 P.M.
Present at the hearing were the following members: Richard Secher, Chairman; Donald Daniels,
Clerk; Eric Butler; Jack Vultaggio, Associate Member; and Olivier Kozlowski, Associate
Member.
The hearing on the application of Siobhan Fitzgerald for a Variance from Sections 4.2.1 and
1.5.17a of the Zoning By -Law to allow for the use of a building lot with less than the required lot
area, frontage and lot width, said lot located at 195 Essex Street (Map 35, Parcel 141) in the R -1
Zone.
The application was labeled as Exhibit "A "; a newspaper advertisement as Exhibit "B "; and a Plan
of Land in Mansfield, MA dated August 10, 1988 and revised on September 19, 1988 prepared by
Landmark Engineering of New England, Inc., Norfolk, MA, was labeled as Exhibit "C ". Mr.
Daniels read a letter from the Planning Board into the record. "With six (6) members present,
they voted 5 -0 -1 to send a negative recommendation on the application. It was the opinion of the
Board that the opportunity exists to reconfigure the parcel in such a way that a variance is not
necessary."
Mr. Secher asked the applicants to present their case.
Mr. Ed Fitzgerald explained that he will be speaking on behalf of his daughter, Siobhan
Fitzgerald. The Fitzgeralds have lived in Wrentham for 65 years and moved to Mansfield two
years ago. Siobhan purchased the lot in October, 1994. She is a first time home buyer with
financial limitations. She has expended an amount in excess of $30,000.00 (down payment,
mortgage, betterment for sewage and taxes) and it would be a tremendous financial hardship if,
after investing in this lot, that it be declared not buildable.
Mr. Fitzgerald further stated that he feels they should have been informed by a note or something
that there was to be a zoning change because they are landowners and if there was a zoning
change he assumed that land was grandfathered. Mr. Fitzgerald further stated that he greatly
admirers Bert Cook, who has been very helpful. He feels he was not helped by the Planning
Department and was told by Shawn Burke that "If you snooze, you lose."
Minutes of June 3, 1997
The Board asked Mr. Fitzgerald if there was any way some land could be transferred to make this
a conforming lot from the 34 acres in the rear; and also, was a bank involved in this mortgage of
land transaction. Mr. Fitzgerald explained that the 34 acres is owned by his wife's mother,
Siobhan's grandmother, and for personal reasons no land could be transferred. And, no bank was
involved in the mortgage, Siobhan's grandmother holds the mortgage.
An abutter, Paul McDonough, 798 Ware Street, does not have a problem with this application.
Mr. Fitzgerald distributed a petition signed by 12 out of 16 abutters within a 300 foot radius all in
support of this application.
The hearing closed at 8:35 P.M.
A motion was made by Mr. Vultaggio and seconded by Mr. Butler to grant a motion to Siobhan
Fitzgerald. Those in favor- Vultaggio. Those opposed - Secher, Daniels, Butler, Kozlowski.
Motion denied 4 -1. Reasons: Fails in 3 requirements - lot width, lot area and frontage; no
hardship was demonstrated.
A motion was made by Mr. Vultaggio and seconded by Mr. Daniels to approve the Minutes
of May 20, 1997. Minutes unanimously approved.
A motion was made by Mr. Butler and seconded by Mr. Vultaggio to adjourn the meeting,
Unanimously approved.
The meeting adjourned at 9:00 P.M.
Respectfully submitted,
�.K
t:�'Id Daniels, Clerk