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Home My WebLink AboutZBA Minutes 11/1/1988ZONING BOARD OF APPEALS MINUTES NOVEMBER 1, 1:85 The Board cf Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7 :45 P.M. Present at the hearing were the following members: George H. Wi tklewicz, Chairman; Edward W. Valanzol.a, Clerk; Eric E. Butler; Harold R. Collins; Dr. Stanley Sohn, Associate Member and Mary -Lou Cotton, Associate Member. The hearing for Richard Denzler & Joanne Couture for a Variance from Section V.D.1 of the Zoning By -Law to construct a detached garage in the front yard at 05 Lakeview Ave., with less than the required frontage which is non- conforming in the Residence A Zone and a Special Permit in accordance with Section V.A.-.b of the Zoning By -Law for expansion of a non - conforming structure at same address began at 7 :55 P.M. Dr. Sohn was appointed a. voting member in place of Conley Eagan, The application was labeled as Exhibit "A" newspaper advertisement as Exhibit "B", and Plan of Land dated September 20, 1480, prepared by Hutchins- Trowbridge Associates, Inc, of Mansfield as Exhibit "C ". The Planning Ward requested that the hearing be continued as the. -were unable to make a recommendation due to lack: of a. quorum. There were no comments from any abutters. The hearing was =nit_.rued unt=il. November 1 ?88 in order for the applicant to revise discrepancies in the plans submitted. The hearing for Charles Tegan for a Variance from Section IV Schedule b of the Zoning By -Law to construct an addition to .,__ an -Ming dwelling at 19 Coach Road with less than a 25, =°deyar-d, which is non-conforming in the Residence AA Zone, tegan at 5:19 P.M. Mary-Lou Cotton was appointed a voting mombnr in place of Conley: Eagan. The application was labeled as _...hlb i. = newspaper advertisement as Exhibit 'B' and Plan of Land dated September 27 1988 prepared by Nicholas i {w r-or -J.i iiP-[g p'P _ -7griJ as Exhibit °R" The Planning Board voted four in favor-, three opposed to send a negative recommenda- tion on this application as they did not have the engineer`s plan showing the proposed addition. The applicant's grounds were read into the record. There were no comments trom any abutters. The hearing closed at 8:28 P.M. Minutes of November i, i488 (continued) Page 2 of 4 Motion made by Mr. Valanzola and seconded by Mrs. Cotton to grant the Variance for Charles Tegan to construct an addition to an existing dwelling at 18 Coach Road with a sideyard of .1` (feet) (plus or minus) in accordance with the plans submitted. Unanimously granted, Motion made by Mr. Collins and seconded by Dr. Sohn to grant the Variance Tor Barbara Maxwell to sub- divide a lot on the corner- of West Street .& Plain Street, Lot 2 having an existing dwelling, Lot i having a proposed dwelling with a rear yard of 34' (feet) (plus or minus) in accordance with the plans submitted. Mr. Collins, Mr. 4lojtk:iewic , Mr. V.alan ola and Dr, Sohn in flavor; Mr. Butler, opposed. Variance granted 4 to 1. The hearing for Hope Street Mansfield Realty Trust of 2 Liberty Street, Foxboro, for a Special Permit from Section V.F of the Zoning by -Law to construct multiple family dwellings on Hope Street, Kingman Avenue and Charles Street in the Residence B and C Zones was continued from October 4, 1488 and began at 8:43 P.M. The following correspondence was read into the record: 1) Letter dated October 31, 19SS from Mansfield Electric Department to ZBA stating they could provide adequate electric service to this project. 2) Lettc-r doted October 27, 1458 from Caren M. Bresni.ck, Attorney for the applicants r_questina previous ducumnnts7 etc. from previous withdrawn application bE by reference into the current application. 3) Resubmission of Memorandum dated August 20, 1 988 from AlVer-t Andrews, Construction inspector from Engineering Department of Mansfield, to Michael LaCasse, Planning Director slating conformity of the project. A) Letter dated October- 5, IVOR (no letterhead) from Bernard Couture stating conformity or the water requirements, 5) Memo dated October 26, 1488 from Michael LaCasse, Planning Director- to ZBA. _._e memo for statement=_. made. `.': Letter dated October 13, ! VPQ from Kenneth C. Shedde. Fire Chief to ZOO stating his opposition to the pro3ect, Letter dated n- _toLer 23, 103e prom Garen M. Nresnick, Attorney to Kenneth C. Shedd=n„ Fire Chief, in response to the above letter. 8) -- - d.�.ted (November- 1, 14 Ken en Shodden, Fire Chi=_: to ZBA slating an amenable agreement from a fire safety standpoint is expert d to be reached, Minutes of November 1, 1988 (continued) Page 3 of 4 Mr. Valanzola disqualified himself from the hearing due to a conflict of interest and left the room. Mr. Wojtkiewicz requested information as to any problems with access with abutters that have not been resolved. Mr. Raker and Mr. Bresnick explained how the abutters had been contacted, etc. Philip Riley, Attorney for an abutter, Mr. Marcussen, stated that Mr. Marcussen's problems had not been resolved. Problem stemmed from two different plot plans of the area in question, one submitted by Attorney Riley which shows a sideyard of B', the other submitted by the applicant which shows a sideyard of 17.16'. Discussion ensued as to which plan to be accepted. Mr. Butler questioned the impact of duplexes versus the proposed 38 units. Mr. Mahoney submitted a plan showing the duplexes which all were invited to see. Marc Antine, Attorney for some abutters, questioned the procedure for the hearing. Mr. Wojtkiewicz explained how applicant presents case, board members ask questions and then abutters are allowed to make comments. Mr. Joseph Meisner, of 57 Charles Street, read and submitted a document dated November 1, 19BB, outlining his concerns. Other abutters made comments concerning water problems, detriment to the neighborhood, traffic concerns, etc. Marc Antine, Attorney from Roster and Antine, listed off numerous abutters whom he represents for this hearing. He discussed the role the ZBA plays in whether or not grant the Special Permit, i.e. the "discretion" of the board. He submitted various past case's for reference. He cited the Planning Board's negative recommendation. He referred to Ai Ouery's, Town Counsel, letter regarding access problems. He stated that the projects could not be connected due to the intervening wetlands. He stated that the project does not promote the health & safety of the community and neighborhood. He pointed out the traffic problems, drainage problems with detention ponds, the poor planning of the project, the lack of buildable area taking into account wetlands, the lighting of the area, setback problems, etc. Minutes of November 1, Igoe Page 4 of 4 Mr. Pat Colbert, abutter, submitted photos of the area and roads. Mr. John Colbert, abutter, submitted a copy of his appeal to DE[E. Other comments concerned drainage calculations, employee parking, soil study, etc. In response, Mr. Mahoney submitted previous cases for reference and stated that the 8 units are the best alternative. Mr. Dresnick concluded by stating that they have responded to all questions either legally or technically, the impact would be minimal, lesser density this way, preserving wetlands, drainage no worse, minimal traffic impact, project would be beneficial to town. Hearing concluded at 10:50 P.M. ZDA indicated that a decision would have to be made within 40 days. Dills were signed. Decisions were signed for Uva, Clemmey and McClanahan. Meeting ajourned at 10:50 F.M. REy{ r' illQ A su muted, d, W. vales ola Clerk: 1