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Home My WebLink AboutZBA Minutes 11/14/1989^' ' ZDNlNSI 8OARD O[- AP7E8LS INlNUT|�S 1OyEM[�E�� T�e Board of I held its regul �"seLin] -Jr-, the Town Mall, Nansfield at 7:451 M. yre t the hy,ring *ere the following members: Cenrge G. Wo��ieejcz� Chairman; Edward N^ \/*lanzuI! a , cler�; Mary-Lnu Cottcn3 Dr. Stanley Sohn; 7eter YeTrulio, �ssociate Membs and ;ichard Secher, Assnciate Memher. Eric Eutler arrivod later in the evening. The Doard first me w; ith 3ert Cook, 3��ldiog Ips?ector/Ioning Enforcement Officer to disruss t�e Bosr�s doniai of a V�riance to Edward T onnc�l ±o cons�r�/ct e dciachud accessory buildiog (garage> on a ��t �� 658 [�1m Streef, said ldin� �o �s morc t!�au 35� �� tte ��:n� f�our sf �|1y �:uip bu:: nD, ic �rici ore Zsne. �, Crok he� svbseq�/an��} is��eJ Mr. Crnnell a Ouildin'; 7ermit. Mr. Coo� explained tka� upon further �:vestig*ti�n o f the application, he granted .,.he building permit under ;ectirn \/.�� of the Zoning By-Law as an accassory use. Djscussion fcllnwed regarding the �mb��uity of the defini'inn of a customary home occupation and how it to `he operation of Mr. C'onnell's limousine b"njness" After further discuss ion , Mr. Wojtkiowicz recrwmended tbe -CC cl1owing; 1) The Board "f ApPeals unanimoLsly feels that h is business is not a customory home occupa�i�� 2) The Board of Appeals is nct filin� a complzint et t!-iis time, but wants Mr^ Cook to be a*are that an acressory buildin� is part o- Lhe a hore occuFatiC, n. 3� The 5uard of 0ypez!s will ta�e :c action at but xi t fur JA omplai�is 'rom any abu�iers. Soard ne+b�-rs egr��ed With Mr. ��njttiexiczs a�cve statamcois The hearinlj: (pr from Superior fnr Argyro ��c/}onaId of Canton f�r a Variascr frco 5ectiun IV Schsdule � of Lhe Zoning 8y-ia* ta sub do � �� at �745 East Street, �ne of seiJ lots to �ave lsss t��n 1�� fro�tx�e� ��a c�her tn have less th"n thc requirzd is non-conformin� in Lhe Seri -::t- i Bus s Zene, ±rgan P,M. Minu+es of Novpmloer �4, lV�� Page 2 of 6 Th�� applicaticn was labelacl zs Exbjbit a�veriiseuent as Exhihit '8 Lanl, d�nted June 9, �987 and revised Aug. ll, _4937, 7repared by David E,. Or ant of Mai is; fieId as Exhihi+ «C", Mr. Secher was appointed a v--ting member in place o� Mr. A leiier dated Ceptember 15, 1989 from Ha;, Voltrrra, Town Attorney, was read into Lhe �pcord. Sai� �etter explain�d how this application is on remexd from Superior Court. The Planning Board voLed 3 in favor, 2 opposed` 1 abstentior to send * nogaiive ioo on t�is a��l�catinn. The applic��s�'s �rc/un�s for � Varisnce werp read �ntn tbe record. 7et��r 0 '3rien, Attnrney and 3enipl Rich, Aitorney, were present on berlalf of thv app'icant^ rl.ttorney O,Brir/� made / the io�"'ial prescnt*tion exp!aining ±ha history of the proyrrty in question. He the hardship as beicg re'.atad to the soil cnnditisns due to the underground oil- ti--inks on Lot 1" Board pemberp guestiuned th the own s ac -ions are the cause of the hardship, the beauty shcp business which is now a vacant bx0l4in-] , etc. The applicent submitted a se� of pr"7osed findings of fari for this variance. There were no comments from any abutt�rs. The hnaring closed at V*:03 P.M. T.ha hearing or Joko C. Uur 0f N. a Variance from Ejaction V"A.2.h of the fnr expansion cf a n/�n-confor:oic� usa at 2711, Fr�lit ic zlt-_ure Zone, began a� 9�0� P.M. Tho epp�ica��r was labple� as Exhibit "A", newspaper adve( E:n:�bit '/G" and Plan Of Land' da+ed July 11, 1VG9 'r revised Septembor 26, 1. ?8�� prepared �y 3IM �n8ineerin� lnc, of Mansfie|d as E:hi|�it ill ^ DoT -to lin wap 3- -31-, ninted a -J. 11 1aa -er in ac r. Su er, MinuLes of N"vembcr �1` 19�� Page 3 of 0 The P Iarn4ot� Buard (6 membcrs) unanI y voted Lo sond a pns:itive reccmmendati"Jn on this applicatioo. The ap7licsnt grounds for variance vere read intu the record° The applicaot explain-�?d thc necessity for the proposed building 'or storage purpases, to prevent vandalism, There were no comments from any The hoarjno closed at �:l-1 P.M. Thu �cnr�ng for M-7;nsfic1 cmorr y Tros 1-osl-on fur varia:co(s) from ��ecLicn \/"U. o tke 7onin� 9y-L*w to rep|ace nxis�ing s�roet signs *nd director/ at Cabo2,, CaUoi 8 Forbcs Ind�/sLria� Park (Assessers Map t 1- a ;-1 cw si-�oage program to :�nal in t�e lodestri lone, beqan at 9:16 P.N.. The cp|dication was la�e}ed as [xhib�t "A", ne�s�aPer advert t as Exhibit "B" *nd Pi an of of the Prnpos�d ' Sign |oretions (labeled A Lhru K) date� Octo�er 25, { ` prepared by David E. Grant of Maosfield as Exlhibi1: ^C"" Mr" 6echar was appointed a voting member in ylace o� Mr. �utler. The Pl*no;ng uuard (6 mem�ers} voted 5 �n favor and ! op;os�d tn scnd a PC) siLive rerommendatioo or his app icction" The npplicant"s grounds for variance were rend into the recorrl. The applicant was reprpsented Uy David H, Grant and Jcn Rolls designer of the propnsed signs" Mr. �rani e:pla�ned �he hists'y of t�e en�i�y, �snsfi�� Commnrce [�ealty Trest, and the ic replace t��o o�so�rie signs thrcuyhoui ibe park. wlL|� s�cte-of-L�o-a�� si�us. 5o ou�niiLe� � packet. conl-aining �a C'ep on e� zec�� prcposec sign. Hr. Valan -Cl a re1uesteJ Io withdraw �rom -is g -e:2 to a confi�ct �1 inLeres�. ore^ 1r. 8nTr�lir *a� ap�cb��o� a voiing npmber i� p/ec� :� Mr, uo a / BoarCA members questioned w��e�her t!a visi�i�it} hac bee/� ctlecked for pacII of Lhe prupose� si�rs H�/utes of 1i, lVS( Pago � of b T�ere were nc comwents frcm any abu1ters. [ e at, Imng closed �+ 9:35 M. Moti-nn made by f-Ir. Valanzola end secanbed bv Mrs. Cotton t, grant the Vari.ance for Mr. Hurley to construct o 10C' x 76' (plus or minus) hvilding a1 274 Fruit S�rcet in eccordance with thc plans submitted. Vnanimoosly granted. MoLion madc? by Mrs. Cotton and seccndzd by Mr. Secher io grant +he variance(s) for Realty Trust tr, raplace exisLing street signs and direciory at CaboL, Cabo� I Forbes IndustriaI Part (Rssessor's Map i�) itf-, new si�na�a i^cludin7 add itiona! direcii on, l sign in accordance wi tJe p1ans submed anp-: with the follmuinC cnndit�� lf, i�/ ti�e �oard o� Appeals� opinion/ any s�gn is a visue� o�strLIction tc traffic/ the 9oard of Apyeais reserves ths righ� to have said siqnago re'.ccated to an appropriate location, ��n��n�mcx�sly granted with the above condition^ Motion made by Mr" Ya,lanzo to grant the Variance for Argyro McDoneld to sub-divide a ]ot at �45 East Street , one of said lots to have frontage of 25`, the other to have a roar y�r� of 3' ' but with c s ondition as follows: 1> No further construction other than what exists on Lo+ 1 is permiLted. I any construction is performed in the fu�ure, t|ie variance �s null and void, Motion was by Mrs, Cotton, 'Withcut the sec0ud condition, Mr" Wojt�iewicz suggested Lbat a condiiioo cou71 be io r��move the bvildiiw ShIop) and exiend the p/nperty lire straight do�vn which would aliminaLe the r- sr yarc! probI em and increase the fr or, tagz of Lot 1, �oar� membcrs at!raed with this Kt�orncy U� Fir iec to advise his agraement �o sape. |�herefore, un�il next meeLiu� Mr, 9zt�ar arr�r*d a� ��e meet Fcrgct app\icaLioo. jJe� and Lhere�ore re�u�stzd c|ient of the ab�v� an� dscis�on �s to �e con1�/��'zd if-g in L*-Ji7? to vo�e or t|�e Minutes of November 14, 1989 Page 5 of 6 0f�er reading over additional documentation which had been requested, motion made by Mr" Valanzrla and seconded by Mr, 5pcher to deny the Special permit for Gary & Robin Forgot to construct a multiple dwelling complex (3 buildings - 30 units) *t 29 Webb ?Iace (rear) (Map 27 LnL 2651 in accorjance with the plans submitted. Statements of findings given included the following: 1) Width of the road too narrow to support additional. traffic. 2) Concern over 2�e safe passage of emurgzncy vehiclss to the area. 3) Drainage/run on - not sufficient 4) Insufficient parting for the proposed buildings - causing / parking on the street 5) Concern for saiety of school children in the area 6) Inadequate trash disposal 7) No playgrounC Vor children 8) High density oi development in that area 9) Proximity to elderly housing Mr. Valanzola, Mryz Cotton, Mr. Secher, and Mr. 0eTrolio in favor of the motion to deny the Special Permit; Mr" Butler abstained, Specin! Permit denied. Sharon to send letter to Attorney Michelmors regarding his application for 151 Oakland Street. Explain to Mr. Michelmore that LKe Zoning Enforcement Officer, not the Zoning Administrav7r made the finding on his application, etc. Sharon to send cuoy of AM. Hainwright's "'ter re Sertarel/i Construction to Atty. Volterra, Trwr Crcnss!, to.' comments. / \ Bills were signeK. Minutes of , Paqa 6 nf 6 Doard members agreed to waive the rsFtdinq of tha �Ninutes of D,tnber 17, l9E19 til ths next meetinc �eeting ajour"eU at 10;�0 F.�1. U h J, Clerk � 0