HomeMy WebLinkAboutZBA Minutes 5/2/1989ZONING HOARD OF APPEALS
MINUTES
NAY 2 1909
The Board of Appeals held its regular meeting in the Town
Nall, Mansfield, MA at 7:45 P.M. Present at the hearing were
the following members: Edward W. Valanzola, Acting Chairman;
Eric E. Butler, Acting Clerk; Mary -Lou Cotton, Dr. Stanley
Sohn and Richard Secher, Associate Member-.
Edward W. Valanzola was appointed Acting Chairman in place of
George H. Wnitk:iewicz. Eric E. Butler was appointed Acting
Clerk: in place of Edward W. Valanzola. tor. Richard Secher
was appointed a voting member in place of George H.
Wo.i tk i.ewi.cz.
The hearing for Americo P. & Sylvia C. Dei of 281 Central
Street for a Variance from Section IV Schedule B of the
Zoning Dy -Law to construct a single family dwelling at 24
Perkins Ave. with less than the required frontage, which is
non- - conforming in the Residence A Zone, began at 7:50 P.M.
The application was labeled as Exhibit "A ", newspaper -
advertisement as Exhibit "B ", Plan of Land dated August 21,
1979 and revised January 15, 1980, prepared by RIM
Engineering Co., Inc. of Mansfield as Exhibit "C" and Land
Registration Office Plan of Land dated January 18, 1983 as
Exhibit "D ". The Planning Board (5 members) unanimously
voted to send a positive recommendation on this application.
Applicant explained how the frontage problem occurred due to
paper- street situation, etc. Favorable comments were noted
from an interested abutter. Doug Annino, Planning Board
Chairman also made favorable comments and reiterated the
situation about the streets in the area. There were no other -
comments from any abutters. The hearing closed at 8,07 P.M.
The hearing for John C. Colella of Franklin for a Variance
from Sectionis III.D and VI.B.2.c of the Zoning By -Law to
construct a multiple family dwelling to contain 9 units in
one building on ea lot at 16 Church Street, located in the
Residence C Zone, began at 8:10 P.M. The application was
labeled as Exhibit "A ", Planning Board recommendation letter
dated May 2, 1989 as Exhibit "B ", Existing Conditions Site
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Minutes of May 2, 1989
Page - of h
Flan dated June 16, 1987, prepared by Commonwealth Engineers
& Consultants, Inc. of Franklin an Exhibit "C ", Proposed
Site Flan dated June 16, 1987, prepared by Commonwealth
Engineers & Consultants, Inc. of Franklin as Exhibit C1,
newspaper advertisement as Exhibit "D" and letter dated April
27, 1989 from Joseph P. Hannon to the 'Zoning Hoard of Appeals
as Exhibit "E ".
The Planning Board (5 members) unanimously voted to send a
negative recommendation on this application with their,
reasons stated in their letter of May ^, 1989, as referenced
above (Exhibit "B ").
Mr. Valanzola explained that the original Zoning Hoard
decision of September 15, 1987, which granted the Variance
for 8 units, was appealed by an abutter, Marie L. Connor-and
by the Planning Board. The judge remanded the matter back: to
the Zoning Hoard in order for the Board to state specific
findings, etc.
Neil Roche, Attorney from Bachner, Roche and Cataldo of
Franklin, represented the applicant:, Mr. Colella who was also
present at the hearing. Mr. Roche explained that the
original request had been for 9 units, but had been reduced
to 8 units and granted for 8 units. (See the Plan of Land
referenced an Exhibit C1 above.)
Mr. Roche requested a continuation of the hearing in order to
submit the following:
1) written estimate of the cost involved to destroy and
dispose of the existing church building including
suspected hazardous materials
^) suggested set of findings
3) brief of.previous cases to sustain the requested variance
Mr. Roche presented the applicant's case by explaining the
uniqueness of the structure which creates a financial
hardship, lack of interest in the property, no possibility of
renovation, residential character of the neighborhood, etc.
He stated that it would be for the public good in that it
would provide needed housing, would dispose of an unsafe
building„ would be a source of tax revenue for the town,
would increase surrounding property values and would be
affordable units.
Minutes of May 2, 1989
Page 3 of 4
Father Ann_inzi.ato, acting on behalf of the Roman Catholic
Bishop of Fall River, owner- of the property, explained the-
existing unsafe condition of the church including its lack: of
value and use due to the new church now being used. He also
stated the expense of insurance on the property, lack of
interest to any other parties and that the church would
remain as is if not sold. He extended an invitation to board
members to visit the church to view its present condition.
Questions from board members concerned the size of the
existing and proposed building, existing and proposed parking
and marketing efforts.
Douglas Ann.ino, Planning Board Chairman, elaborated on the
Planning Board's negative recommendation stating that the
building should be retained for historical purposes and that
not enough effort was made to keep it as such through
renovations, etc.
Favorable comments were noted from some abutters stating it
would enhance the neighborhood and increase the safety of
same.
Negative comments were noted from other abutters concerned
with traffic and parking, etc. A letter from Joseph P.
Hannon, Attorney representing abutter Marie L. Connor, dated
April 27, 1989 and referenced as Exhibit "E" above was read
into the record. Said letter stated the abutter's concerns
regarding density, etc.
Mr. Valanzola gave the applicant and/or abutters 10 days from
May 2v 1989 to submit further documentation regarding this
application, i.e. statement of findings, estimates, etc.
The hearing closed at 9:25 P.M.
Motion made by Mrs. Cotton and seconded by Mr. Secher to
grant the Variance for Americo P. & Sylvia C. Dei to
construct a single family dwelling at 24 Perkins Ave. with
frontage of 95.37' (plus or minus), in accordance with the
plans submitted. Unanimously granted.
No decision to be made on the Colella application until
possible submission of additional documents and discussion of
same.
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Minutes of May 2, 1989
Page 4 of 4
Minutes of April ib, 1989 were read and approved.
Pills were signed.
Decisions were signed for Larkin and Brintnall.
Meeting ajourned at 9:45 P.M.
Respectfully submitted,
Eric E. Butler
Acting Clerk.
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