The URL can be used to link to this page

Home My WebLink AboutZBA Minutes 10/4/1988141�3> MINUTES OCTOBER 4, 1988 The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:45 F.M. Present at the hearing were the following members: George H. Woltkiewicz, Chairman; Edward W. Valanzola, Clerk; Eric E. Butler; Harold R. Collins; Dr. Stanley Sohn, Associate Member and Mary -Lou Cotton. Associate Member. The hearing for Armando L. Giovino of 248 Pratt Street for a Variance from Section V.I.2.a of the Zoning By -Law to construct a single family dwelling on a lot on Bicentennial Court (Assessor's Map W, Lot 14) with less than the required minimum buildable lot area, which is non- conforming in the 'Agriculture Zone, began at 7:50 F.M. Mary -Lou Cotton was appointed a voting member in place of Conley Eagan and Acting Clerk in place of Edward Valanzola, who arrived late. Dr. Stanley Sohn was appointed a voting member in place of Edward Valanzola. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B" and Flan of Land dated July 21, 1986, prepared by Bay Colony Surveying, Inc. of Foxboro as Exhibit "C ". The Planning Board unanimously voted (6 members) to send a positive recommendation on this application. The applicant's ground-- for variance as well as a letter dated November 19, 197.3 from the Mansfield Housing Authority to Mr. & Mrs. Giovino were read into the record. Comments were noted from interested abutters. The hearing closed at 8:25 F.M. The hearing for Melissa E. Falanza & Michael A. Wing for a Special Permit from Section III.R of the Zoning By -Law to convert a single family dwelling at 24 Wilson Place to a two family dwelling, which is non- conforminq_ in the Residence A Zone, beqan at 8:27 P.M. Dr. Stanley Sohn was appointed a votinq member in place of Conley G. Eagan. The application was labeled as Exhibit "A ", newspaper- advertisement as Exhibit "B ", Plan of Land dated May 24, 1988, prepared by W.T. Whalen Engineering Co. of North Attleboro as Exhibit "C" and diagram of the proposed floor plan as Exhibit "D ". The Planning Board unanimously voted (6 members) to send a positive recommendation on this application provided sufficient parking is located on site. The applicant's l grounds for Special Permit were read into the record. The applicant submitted photographs of the proposed apartment. Favorable comments were noted from an interested abutter. The hearing closed at 8:40 F.M. Minutes of October 4, 1988 (continued) Paqe 2 of 4 The hearing for Michael R. D'Antonio for a Variance from Section IV Schedule B of the Zoning By -Law to construct additions to an existing non - conforming dwelling at 31 Lakeview Ave., said additions to have less than the required front yard, rear yard and side yard and a Variance from Section V.I., as said additions to have less than the required Water Body set back:, which is non - conforming in the Residence A Zone, began at 8:40 P.M. Mary -Lou Cotton was appointed a voting member in place of Conley G. Eagan. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B" and Plan of Land dated July 18, 1988, prepared by Hutchins- Trowbridge Associates, Inc. of Mansfield as Exhibit "C ". The Planning Board voted four in favor and two opposed to send a negative recommendation on this application. There no comments from any abutters. The hearing closed at 8:50 P.M. 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 (Assessor's Map 22, Lots 163 thru 180, 202, 205 thru 210, 214, 217 thru 227 and 235 thru 246), in the Residence B and C Zones, began at 9:00 P.M. Mary -Lou Cotton was appointed a voting member and Acting Clerk in place of Edward Valanzola, who withdrew from this hearing. Dr. Stanley Sohn was appointed a voting member in place of Conley G. Eagan. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B" and Plan of the Proposed Complex dated July 27, 1988, prepared by Dunn Engineering Co., Inc. of Foxboro as Exhibit "C ". The Planning Board voted four in 'favor, one opposed and one abstention to send a negative recommendation on this application for various reasons stated in their letter of September- 12, 1988. Mr. Wojtkiewicz began the hearing by reading the Section of the Zoning By -Law pertaining to the requirements necessary to be submitted by the applicant. Ouestion arose as to whether or not the applicant had submitted a certification from the Mansfield Sewage Commission. Mr. Mahoney and his attorney, Mr. Bresnick indicated that they had submitted state approval with a positive recommendation from the Town, which they believed was sufficient. Also, although the applicant indicated that he has verbal approval from the Fire Department, Water Department and Police Department, the Zoning Board requested written approval from same. Minutes of October 4, 1988 (continued) Page 3 of 4 The following people were present and spoke on behalf of the applicant: Attorney John T. Mahoney - Co -owner with Don Baker Attorney Mooney - Hale and Door Dave I vony - Engineer - Storeh Engineering John Parmintier - Dunn Engineering Rob Doyle - Engineer - Dunn Engineering Attorney Garen Bresnick Mr. Mahoney began the presentation with an explanation of the site and the proposed 3B units. Mr-. Bresnick spoke of the density of the site, protection of adjoining properties and responses to the Planning Board's comments. ( Mr. Doyle explained the site design, soil and drainage. He submitted a Flan of Land regarding soil tests taken on the site, dated September 28, 1988, prepared by Dunn Engineering Co., Inc. of Foxboro and a document entitled "Wetland Soil Investigation of the Jackson Village Development" dated September 26, 1988, prepared by Thomas A. Peragallo, Certified Professional Soil Scientist /Soil Classifier. He spoke about the lesser impact to schools and town, etc. from these units as opposed to the allowed duplexes on the site. Mr'. Butler questioned the school impact analysis. John Parmintier spoke about the conservation/preservation of the wetlands and the drainage. Dave Ivony gave the results of the traffic study, etc. Mary - Lou Cotton and Eric Butler questioned the validity of this traffic_ study and requested a report in writing from the police officer involved in the study. Mr. Mooney spoke about the frontage requirements on the streets involved. Mr. Bresnick explained the appeal made by an abutter regarding the wetlands, agreements made with the Conservation Committee and discussions with the Fire Department. He concluded the presentation of the project. 1 Minutes of October 4, 1988 (continued) Page 4 of 4 Motion made by Mr. Butler and seconded by Mr-s. Cotton to continue the hearing until November 1, 1988 at 8:3o P.M. in order to allow further questions from the Board and from the numerous abutters present. Unanimously agreed. Motion made by Mr. Butler and seconded by Mrs. Cotton to grant the Variance for Mr. Giovino to construct a single family dwelling on a lot on Bicentennial Court (Assessor's Map 30, Lot 14) with 19,645 square feet of buildable area in accordance with the plans submitted. Mr. WojtN:iewicz, Mr. Butler, Mrs. Cotton and Dr. Sohn in favor. Mr. Collins abstained. Variance granted. Motion made by Mr'. Butler and seconded by Mr. Valanzola to postpone the decision on the application of Palanza /Wing until the next hearing. Unanimously agreed. Motion made by Mrs. Cotton and seconded by Mr. Butler to deny the Variances for Michael R. D'Antonio. Mr. Wojtkiewicz and Mrs. Cotton in favor of the motion. Mr. Butler and Mr. Valanzola opposed to the motion. Mr. Collins abstained. Variances denied. Motion made to waive the reading of the minutes til the next hearing. + Bills were signed. Decisions were signed for Jameson and Great Woods Chrysler - Plymouth, Inc. Meeting ajourned at 11:35 P.M. Re; fii Y mitted, Edward W. Valanzola Clerk r