HomeMy WebLinkAboutZBA Minutes 10/1/1985ZONING BOARD OF APPEALS
MINUTES
OCTOBER 1, 1985
The Board of Appeals held its regular meeting in the Town Hall, Mansfield,
MA at 7:45pm. Present were the following members: Chairman George; H.
Wojtkiewicz, Clerk Eric E. Butler, Conley G. Eagan, Nicola C. Holm,
Associate Member Leonard F. Flynn.
The hearing for William G. McGrane was continued from September 3, 1985.
Neither Mr. McGrane nor any representative was present. Mr. McGrane will
be sent a letter advising him to request a continuation to October 15, 1985.
If the Board does not hear from him by that date the application will be
denied.
The hearing for Ronald Nelson was continued from August 20, 1985. Mr.
Nelson requested to continue the hearing to October 15, 1985 to allow
his engineer time to complete the plot plan. The Board requested that
this request be in writing and delivered to the Board as soon as possible.
The hearing for HENRY F. Piasecki for a Special Permit under Section IV
Schedule B of the Zoning By -Law for an existing structure at 635 North
Main Street having less than a 15 foot sideyard, and a Variance from
Section IV Schedule B for an addition to the existing structure, said
addition having a proposed rear yard less than 40 feet, all of which
are non - conforming in a Residence C Zone began at 8 :15pm. The application
was labeled as Exhibit "A ", the newspaper advertisement as Exhibit "B ",
Plan of Land prepared by William 0. Bishop, R.P.E. dated October 1, 1985
as Exhibit "C ". The Planning Board was recorded as being in favor of
the application. At the conclusion of the hearing the Board took the
case under advisement. Mr. Flynn was appointed a voting member in place
of Harold Collins.
The hearing for Anderson- Nichols & Co., Inc., 150 Causeway St., Boston
for a Variance from Section V -H -4 -a & b of the Zoning By -Law for the
installation of signs on a proposed building located at 111 Plymouth Street,
owned by Nissan Motor Corp., said signs being more and larger than
allowed in an Industrial Zone began at 8:30 pm. Mr. Butler excused himself
from the room. Mrs. Holm was appointed acting clerk and Mr. Flynn was
appointed a voting member in place of Mr. Butler. The application was
labled as Exhibit "A ", the newspaper advertisement as Exhibit "B ",
Plans prepared by Frank Orlando, Registered Architect dated July 15, 1985
as Exhibit "C ". The Planning Board was recorded as being five in favor
and two opposed to granting the application with the stipulation that
the signs be no larger than the signs which exist on the present building.
At the conclusion of the hearing the Board took the case under advisement.
The Board met with Town Counsel Jack Dwyer regarding lots that existed prior
to zoning. Mr. Dwyer stated that under Chapter 40A Section 6 - "single lot
exemption for single and two family use" - the zoning by -law shall not
apply to a lot of at least 5,000 square feet with 50 foot frontage that had
been recorded before zoning went into effect in Mansfield. The lot is subject
only to the zoning that was in effect at the time of recording. It was
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Mr. Dwyer's opinion that it is the Building Inspector's responsibility to
determine whether it is a pre- existing lot or not. The burden of proof
should be on the applicant to supply certification that it existed before
zoning and was not held in common ownership with any adjoining land. Unless
the pre- existing non - conforming lot has a structure on it, and the applicant
wants to expand on the structure, the Board of Appeals does not get involved.
Regarding expansion of not-conforming uses, Mr. Dwyer suggested taking each
individual set of circumstances as they are presented to the Board and make
a determination whether or not the expansion is an extension of a permitted
use, then it would be a special permit.
There was also discussion regarding instances where applicants need to
continue their hearings . Mr.- Dwyer stated that the applicant should
make the request for continuation in writing. The Board is not obligated
by law to grant an extension. If the Board receives no response from the
applicant within the 75 day time period the application should be denied.
Motion made by Mr. Eagan and seconded by Mrs. Holm to grant the variance
for Henry Piasecki as per plans submitted. All were in favor.
Motion made by Mr. Flynn and seconded by Mr. Eagan to grant the variance
for Anderson - Nichols as per plans submitted with the restriction that the
monument sign on Plymouth Street be non - illuminated. All were in favor.
Minutes of September 17 were read and approved.
Bills were signed.
The 1985 -86 budget will be put on the Agenda for October 15.
Meeting adjourned at 10;30pm
Respectfully submitted,
Eric E. Butler
Clerk