HomeMy WebLinkAboutZBA_09161997ZONING BOARD OF APPEALS
MINUTES
SEPTEMBER 16, 1997
C" OCT 28
'iLJS` c T TS
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; Richard Devine; and Olivier Kozlowski, Associate Member.
The hearing on the application of Joyce McNeil for a Variance from Section 3.8.1 of the Zoning
By -Law to allow for the construction of an accessory structure [in- ground pool] in the sideyard of
the existing house located at 61 Oakland Street, in the R -2 Zone.
The application was labeled as Exhibit "A "; a newspaper advertisement as Exhibit "B "; and a Plan
of Land in Mansfield, MA for Proposed Inground Pool dated August 15, 1997, prepared by P.J.
Connors & Associates, Randolph, MA, was labeled as Exhibit "C ".
Mr. Daniels read a letter- from Bert Cook dated August 11, 1997 into the record. "This is to
advise you that your application for a pool permit for the above address has been denied. It does
not comply with the Mansfield Zoning By -Law Section 3.8 Accessory Uses and Section 3.8.1
Yards and Coverages."
Mr. Daniels read a letter from the Planning Board into the record. "With five (5) members
present, they voted unanimously to send a positive recommendation on the application. It was the
opinion of the Board that this pool will not decrease the setbacks which already exists at this
location."
Mr. Secher asked the applicants to present their case.
Mr. and Mrs. McNeil explained that they would like to put a pool in for health reasons. The pool
cannot be placed in the backyard because of the gas lines and also because the backyard is too
small.
Ronnie Goodman of 66 Charles Street stated that there is an easement for a sewer line between
his house and the McNeils.
Mr. Flynn stated that there is no demonstrated hardship on the plans and it is the responsibility of
Minutes of September 16, 1997
the engineer to put in exactly where the fence enclosing the pool will be placed; and he would also
I like to see plans that show exactly where the gas lines are.
A motion was made by Mr. Devine and seconded by Mr. Flynn to not make a motion until the
easement, the sewer lines and the fence are on a plan. Unanimously approved.
Mrs. McNeil requested a continuance until October 7, 1997 in writing.
The Board members discussed the wording of the Decisions of The Pires Family Trust and ETC
(Ware Street). The Members decided that the Decisions should be more exact in the wording. It
was requested that Dick Lewis attend the meeting of October 7, 1997, but before the meeting Mr.
Lewis should do another revision and they should be send to the Members for further review.
The "mites of August 19, 1997 were to be reviewed by Mr. Secher who was to make some
revisions.
The meeting adjourned at 9:00 P.M.
6Tnald "Y submi
r
aniel s, erk