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HomeMy WebLinkAboutZBA Minutes 12/6/1988JAN 18 RN ZONING BOARD of APPEALS MINUTES DECEMBER 6, 1988 The hoard of Appeals held its regular meeting in the Town Hall, Mansfi.el.d, MA at 7:45 F.M. Present at the hearing were the following members= George H, WOitki.ewicz, Chairman; Edward W. Valanzola, Clerk; Harold Ri Collins, and Mary- -Lou Cotton, Associate Member-, appointed a voting member in place Of Conley G. Eagan. The hearing fornhrVtrian Flynn l from IV Schedule B of the Zoning By-Law to construct an addition to an existing non- conforming dwelling at 20 Samoset Avenue with leas than the required side yard and roar yard, which is non- conforming in the Residence C Zone, began at 7:55 P.M. The application was labeled as Exhibit "A" newspaper advertisement as Exhibit "B'+ and ;Plan of Land dated October 18, 1988, prepared by Hutchins-Trowbridge Associates, Inc. of Mansfield as Exhibit. "C The Planning Board unanimously voted (7 members) to send a positive recommendation on this application. There were no comments from any abutters. The hearing closed at 8:c ?1 P.M, The hearing for Diversified Realty Trust of 47 Merton Street, Brockton for a Variance from section IV Schedule B of the Zoning By --Law to sub - -divide a lot of land at 218 Franklin Street into two lots, Lot 1. having an existing non-conforming dwelling, Lot 2 to have a single family dwelling with less than the required frontage, which is non- conforming in the Agriculture Tone, began at 8:05 P.M. The application was labeled as Exhibit "A ", newspaper advertisement. as Exhibit "B ", and Plan of Land dated September 28, 1988, prepared by Hutchins-Trowbridge Atss,or_.i.ates, Inc, of Mansfield as Exhibit "C The Planning Board voted five in favor-, one opposed and one abstention to send a negative recommendation on this application. The applicant's grounds for Variance were read into the record as well as a letter dated December 6, 1988 from an abutter -, Herbert Gross, Said letter was opposed to the Variance being granted, Bob Mangi-aratti, Attorney, spoke on behalf of the applicants (Donald Connelly and Donald Johnson) and submitted photos of the site in question. There were numerous negative comments noted from interested abutters. The hearing closed at 8.25 P.M. Minutes of December 6, 1988 (continued) Page. 2 of 7. The hearing for .john W. Pickard of 272 Chauncy Street for a Variance: to construct a sign on a lot at 200 Chauncy Street„ owned by Chauncy Development Group, Inc. of 272 Chauncy Street, said sign to be greater square footage than allowed in the General Business Zone, began at 8:27 P.M. The application was labeled as Exhibit "A" newspaper advertisement as Exhibit "B", Plan of Land dated October 27, !V88, prepared by Hutchins•- Trowbridge Associates, Inc. of Mansfield as Exhibit "C" and drawing of the proposed sign by Signs Etc, of Plainville am Exhibit "D ". The Planning Board unanimously voted (7 members) to send a positive recommendation on the this_, application. Bart Steele of Signs, Etc, spoke also on behalf of the applicant. There were no comments from any abutters. The hearing closed at 8;38 P.M. Motion :made by Mr. Collins and seconded by Mr. Butler to grant: the Variance for Christopher- Flynn to construct an addition to an existing non - conforming dwelling at 20 Samoset Avenue, said addition to have a side yard of 11 fleet (plus or- minus) and a rear- yard of 32.7 feet (plus or minus) in accordance with the plans submitted. Unanimously granted. Motion made by Mr. Collins and seconded by Mr. Butler to deny ( the Variance for Diversified Realty Trust to sub - divide a lot of land at 218 Franklin Street into two lots, Lot 1 having an existing non - conforming dwelling, Lot_ 2 to have a single family dwelling with 92.6: feet -frontage in accordance with the plans submitted. Unanimously denied. Motion made by Mrs. Cotton and seconded by Mr. Collins to grant the Variance for John W. Pickard of Chauncy Development Gro:_ip, Inc, to construct a sign on a lot at 200 Chauncy Street in accordance with the plans and drawings submitted. Unanimously granted. Thy Board met with Joanne Couture at 9a03 P.M. Ms. Couture had been denied a portion of her Variance request at the previous meeting on November 15, 1988. She had requested this discussion with the Hoard to discuss the reasons why the garage addition was denied for her property located at 55 Lakeview Avenue. Board members=; explained that the proposed garage would be located too close to the street. She requested the procedure for reapplying. Mr. Woitkiew:icz explained that she could appeal the Board's decision, apply again in two years or got. the Planning Board's approval to apply again within two years. Minutes of December 6, 1938 (continued) °age c The Board then met with Douglas Annino of the Planning Board regarding the Board's previ -ous vote on t1le Variance request of Donald Desvergnes to sttb -- divide a parcel of land on Elm Street (Assessor's Map ?, Lot 15), one Of said lots to have less than the requir-ed frontage. Mr. Wojtk.iewicz's letter dated November 21., -933 to th._ Planningl Board and Mr. f-lnnino'�i letter dated November 25, 7.938 to the Zoning Board wer,_ read into the record. Each letter explained each Board's ,concerns over the Variance being granted or not granted. The Planning Board had sent a strong posi -five rer_ommendation on this Variance request. The Zoning Board had voted to deny it by a vote of two to two, Mr. Wojtb:.ieUaicz explained that the applicant had no hardship, but that he would think: about reconsidering his vote of denial. Dr. Sohn, who was not present at this meeting, had also voted against the Variance and would have to be asked his opinion on this matter, The Board then began, a discussion on the Hope Street Mansfield Realty Trust (Jackson Village) decision. Mr. Valanzola, who was not voting on this matter due to a conflict Of interest, excused himself from the meeting room, Mr. Woitk.iewicz advised that he had drawn up a draft of a proposed decision in Order to have a starting point for making a decision. He then read his draft which was a denial of the protect based on numerous facts. Board members then each stated that they agreed with his statements. 0 draft of the proposed decision is to be typed for discussion and vote at the next meeting when hopefully all voting members will be pr-esen t , Hills were signed. Decisions were signed for Charti.er, Kaufman, Epstein, 'Vera and Dent ler /Co_tture. Meeting ajot-trned at 9.45 P.M. tfii;.. submitted c�lvard W. Valanzola C1,Qrr: