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Home My WebLink AboutZBA Minutes 11/15/1988ZONING BOARD OF APPEALS MINUTES NOVEMBER 15, 19SE The Board of Appeals held its regular- meeting in the Town Hail, Mansfield, MA at 7:45 F.M. Present at the hearing were the following members: George H. Wojtkiewicz, Chairman-, Harold R. Collins, Dr. Stanley Sohn, Associate Member and Mary-Lou Cotton, Associate Member-. Mary -Lou Cotton was appointed as Acting Clerk in place of L-dNa.rd W. Valan -ola and a voting member in place of Conley G. Eag_n. Dr. Stanley Sohn was appointed a voting member in place of Eric E. Butler. These appointments were made for each of the hearings at this meeting. The hearing for Normand E. Chartier for a Variance from Section III.E of the Zoning By-Law to convert a single family dwelling to a two family dwelling at 1004 East Street, which is non - conforming in the Residence A Zone, began at 7257 P.M. Mr. Chartier- elected to proceed with a Tour member board. The application was labeled as Exhibit "A ", newspaper advartisement as Exhibit ,P. „' and clan of Land dated June 1_';87, preparEd RIM Engineering Co., Inc, of M. - a_.. _ anafi:. =_c Exhibit "(C”. ka Planning Board unanimously voted to nano a. negative recomrland,3tion on 75._= application. An abutter, Elwyn Atherton, appeared before the hearing t_. advise that the zone was incorrectly advertised as Agricultural, when in fact it is Residence A. The applicant's grounds for variance were read into the record. There were no comments from} any abutters dur-in +_ kno hearing. The hearing closed at 07 P.M. The hearing for Janet Epstein for a Variance from Section .. Schedule B of the Zoning By -Law for an existing deck. on =, dwelling at 79 Walnut Street, with 1:.-_ than the required reed rear yard, which is non- - conforming in the Residence A Zone began at 8;07 P.N. Ms. EJs _!n e =- --- to proceed r th _. four member board. The application was labeled as Exhibit newspaper advertisement as E;:h,r?it- "B" and Flan of Lar.. dated Octobr=:;. 15, 1988, prepared by Nicholas Beinars of Qnsfield as Enhibit "C ". The Planning Board _inanimnus!., ,rOkad to and 1 Positive recommendation on this acpiic.t - - -P, Minutes of November- 151 1?88 (continued) Page 2 of v The following correspondence was read into the record: 1) Letter dated November 15, 1985 from Lester S. Epstein of 89 Walnut Street to the 7BA - opposed to the variance - 2) Letter- dated January 1G, 1`87 from Lest- . cr- S. Epstein, Jr. of 2=:J Pine Street, Canton to Building Inspector - re property being used as a two family residence =) Lotter dated July 14, 1987 from Lester S. Epstein, Jr. of 65 King Philip Road, Norton to Building inspector - re basement apartment at 79 Walnut Street The applicant was represented by Sandra Warren, Real Estate Agent. The proposed buyers of the property were also Present. There were -,'avorable comments noted from an intere-kad -:butter. The hearing �_, r:_I�g rlo =.ed at TS P.M. The hearing for Thomas _. Christine Vera for _. Variance from Section TV Schedule B of the Zoning -;v -Law for an existing deck on a dwelling at 52 Henry Street, with less than the required side yard, which is non - conforming in the Residence A Tone, began at Sc'h F.M. The applicant, elected to proceed with a four member- board. The application was labeled as Exhibit "A" newspaper advertisement as Exhibit "B" and Plan of Land dated July 11, 19S4 and revised October- 20, i988, prepared by RIM Engineering Co., Inc, of Mansfield as Exhibit The Planning Board _nallmnU - _, voted to send c, pos= L.'_.. -_ �`QC rtlni ?i;rl i _ -nit on this .=pplica -._n .. ✓_ agpinont was r2nrr.._ontr-d by WA L _ 1am P. _-_nahan, Attorney, who submitted the following correspondence which wan read in to the ranord; 1) Letter from William and Elaine Butt no objection to Variance being_ granted 2) Letter- dated November 4, 1908 to Atty. Lenahan from Paul _ =a..1 nll..man, builder - 't;,t__ - ^ta.iaon of setbacks - . - tbaCr:.o _- dec ... ) L_+ t:_d itch "wr 18, 19B- Tr7m Bert Cook, Building I r a. r to APO-. Lanahan arpret t _mn of decks There were no ether cimments from .n any abutters. The hearing nioned at 9150 p.M Minutes of November- 15, 1g88 (continued) Page z of 5 The hearing for Donald H� Desvergnes of 676 Lindsey Street, Attleboro for a Variance to sub- divid_ a. parcel of land on Elm Street (Assessor's Map 1, Lot 15)7 one of said lots to have less than the required frontage, which is non-conforming in the Agriculture Zones began at :BsSO F,M. The applicant elected to proceed with a four- member board. The application was labeled as Exhibit "A" newspaper- advertisement as Exhibit "B" and Plan of Land dated March 17, 1 °86, prepared by RIM Engineering Co„ Inc. of Mansfield as Exhibit "C ". The Planning Board unanimously voted to send a positive recommendation on this application. Robert Calderon of Hutchins - Trowbridge was also present on behalf; of the applicant. There were no comment- from m •.any abutters. The hearing closed a.t::3;59 P.M. The hearing for Donald R. Kaufman for :a. Variance from Section VI.'_,.<•.a of the Zoning By -Law to construct a warehouse building on property located at 505 and 509 west Street, owned by Donald B. Kaufman and David G. Dutra, said use not permitted in the Agriculture and Resid__rce A Zones, began at ?104 P.M. The applicant elected to proceed with aiour member board. The application was labeled as Exhibit "A" newspaper advertisement as Exhibit "B" and Plan of Land dated August 18, 1988, prepared by Hutchins- Trowbridge Associates of Mansfield as Exhibit t "C" The Planning Board unanimousl= votad tn ;and 0 Onsitive recommnnul,tion an this application. A InOtiz dated a. _ awy 11, 19BB from ii1 A "'._ _:_. _y Donald B. Kaufman to the Master Plan Advisory Council was read into she record, Said !Rkber requosted rezoninq of thin area, Mr.. N i tk.iewi'__ _i'plalned that the ?FAA could not rezone the area, but vot=e an the e i r sp c_"i._ proposal of this , =:oPt;cati -on. Fir. .-._= 7,4.rd Gordon, an abutt._r, 'submi-. -__i_i a petition from numarnus abut'ter's opposing the granting of this variance with ronr x:nn regarding the residential n-ln%Acrnoud, hPaTfic, lack _:: .iard hi r:, -.etc. Lip:= hooting closed at 9 :25 P.M Minutes of November 15, 1985 (continued) Page 4 of 5 The hearing for Richard Denzler & Joanne Couture for a. Variance from Section V.B.1 of the Zoning ay -Law to construct a detached garage in the front yard at 55 Lakeview Ave., with less than the required frontage which is nor,- confor-minq_ in the Residence A Zone and a Variance in accordance with Section V.A.2.b of the Zoning by -Law for expansion of a non- conforming structure at same a.ddres', was continued from November 1, 1988 and began at 9.26 P.N. Applicant submitted a revised Plan of Land dated November- 14, 1988, prepared by Hutchins - Trowbridge Associates, Inc. of Mansfield. There were nc comments from any abutters. The hearing rlr:s:=d at ?;55 P.M. There was no action taken on the application of Hope Street Mansfield Realty Trust (Jackson Village) � 1 nine i -, a_ not ,l fir: members were present. However-, numerous abutters and Don Baker were present to ask questions regarding procedure for making the decision and the acceptance of correspondence after the hearing had been closed,. Mr. wojtkiewicz exola.i.nad that a decision would be made within 90 days from the close of the hearing and that the correspondence had not been read. Notion made by Mr-. Collins and seconded by Dr. Sohn to deny the Variance for Normand Chartier. Ura.ni_mousiv denied, (Notion madw by Mr. Collins and =e-o,___ by Mrs. cotton to ,_rant the Variance for Janet Epstein:. Unanimously granted. Motion made by Dr. Sohn and seconded on�._� b,. Mrs. L':_atan to grant the Variance for Thomas & Christine :cart. Unanimously granted. Motion made by Mr. Collins and seconded by Mrs. Cotton to grant the Variance for Donald De, arrnes. Hr. Collins Mr-s. Cotton, 'in 'fa` or-; Mr. Wnjtkiewir_z and Or. Sohn., Opposer;. VariaRcv denied ._ to 2. MOi_.ion made by Mr.. Woitk.iewi_cz and seconded by Mr.. Collins _... grant the Variance for Donald Kaufman:. Mr. 'Wo tki Mr. j ewacz, :: Collins, Mrs, Cotton, opposed: Dr. Sohn., abstained. Variance deni:ad Minutes of November 15, 1958 (continued) Page 5 of Motion made by Mr, Collins and seconded by Mrs. Cotton to grant the Variance for the addition, without the garage for Richard Denzler and Joanne Couture. Unanimously granted. Notion made to waive the reading of the Minutes of November 1, 1958. Unanimously agreed, Dills were signed. Decision_ were signed for Tegan, Maxwell and Palanza /Wing. Respectfully submitted, ��ICL:J •?�s;� LC�� Mary -Lou Cotton Acting Clerk: