HomeMy WebLinkAboutZBA Minutes 7/19/1988ZONING BOARD OF APPEALS
MINUTES
JULY 19, 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. Wojtkiewicz, Chairman; Eric
E. Butler, Clerk; Conley G. Eagan; Edward W. Valanzola;
Harold R. Collins; Dr. Stanley Sohn, Associate Member and
Mary -Lou Cotton, Associate Member.
The hearing for Arthur & Rose k.ovich for a Variance from
Section IV Schedule B of the Zoning By -Law to construct an
addition to an existing dwelling at 20 Bellview Drive, with
less than a 15' (foot) sideyard, which is non - conforming in
the Residence A Zone, began at-7:50 P.M. Mary Lou Cotton was
appointed a voting member and Acting Clerk in place of Eric
( Butler. The application was labeled as Exhibit "A ",
newspaper advertisement as Exhibit "B" and Flan of Land dated
March 21, 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. Mr. Peter O'Brien,
Attorney, spoke on behalf of the applicants, who could not be
present at the hearing. There were no comments from any
abutters. The hearing closed at 8:01 P.M.
The hearing for Daniel F. Bortolussi, President of Great
Woods Chrysler - Plymouth, Inc., on an Appeal from the derision
of the Inspector of Buildings, requiring Cease and Desist all
rental and leasing operations at 515 South Main Street in the
Residence A Zone, began at 8:05 P.M. The application was
labeled as Exhibit "A ", newspaper advertisement as Exhibit
"B" and the letter dated May 19, 1988 from Bertram M. Cook,
Inspector of Buildinc= to Mr. Daniel F. Bortolussi as Exhibit
"C ". Said letter :va.s read into the record as well as the
applicant's grounds for the appeal as they appear on the
application. The Planning Board unanimously voted to support
the Inspector of Buildings.
Robert D.'Abrams, Esquire, spoke on behalf of the applicant,
who was also present. He submitted into the record an
Affidavit dated July 16, 1988 from Norman A. Vickery
regarding previous rental and leasing operations at said
location. He also submitted a certified copy of a business
certificate issued under the title of Vickkery Leasing_, said
certificate dated 1/25/68.
Minutes of July 19, 1988 (continued)
Comments were noted from interested abutters and citizens.
The hearing closed at 9:08 F.M.
The hearing for Hope Street Mansfield Fealty 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 was
continued from June 7, 1988 and began at 9:12 F.M. A letter
dated July 14, 1988 from John T. Mahoney III to the Zoning
Board was read into the record. Said letter requested a
sixty -day extension on the hearing in order to allow time to
adequately address concerns of abutters and various town
boards, including the Planning Board.
Mr. Garin Bresnick, Attorney on behalf of the applicant,
explained the need for the extension in more detail.
Mr. Wojtkiewicz explained to those present that the
applicant requires positive approval from the Planning Board
in order to proceed to the Zoning Board.
The Planning Board's recommendation,which was not available
at the previous hearing, was read into the record. The
Planning Board unanimously voted with six members present to
send a negative recommendation on this application. Said
letter detailed six reasons for said recommendation.
Mr. Mark Antine, Attorney on behalf of some Abutters, advised
that the application should be withdrawn without prejudice as
the applicant has had ample time to get approved plans, etc.
Motion made by Mr. Collins and seconded by Mr. Butler to
recommend to the applicant to withdraw said application
without prejudice. Unanimously agreed. (Nary Lou Cotton
voting in place of Edward Valanzola.)
Applicant submit'r_,_, in writing a request For withdrawal
without prejudice or his application.
Regarding the decision on the application of Jackson Court
Realty of 1 West Church Street for a Variance from a prior
Variance granted September 2, 1986 to tear down an existing
dwelling at 28 Court Street (Jackson Court), etc., Mr. Butler
read into the record a letter- dated July 18, 1988 from Thomas
E. Dwyer to Mr. Wojtkiewicz. Said letter advised that the
Board of Selectmen voted to oppose the demolition of the old
house and also gave a negative recommendation re any increase
in the number of Units planned.
Minutes Of July 19, 1988 (continued)
Page 3
Also, a letter dated July 18, 1988, from Mr. Dwyer to Mr.
Folkman was read into the record. Said letter summarized
mutual understandings between Jackson Realty Trust and the
Town re the parking.
Mr. Wojtkiewicz advised that Mr. Clemmey has requested
the ZBA to hold their decision until Jackson Realty Trust can
meet with the Selectmen again.
Motion made by Mr. Collins and seconded by Mr. Eagan to
postpone the decision re Jackson Court. Unanimously agreed.
Motion made by Mr. Valanzola and seconded by Mr. Eagan to
reconsider the vote taken on the decision of Michael
McClanahan. Mr. Wojtkiewicz, Mr. Eagan, Mr. Valanzola and
Dr. Sohn in flavor; Mr. Butler, opposed. Motion carries. Mr.
Valanzola, who had previously abstained on said vote has now
changed his vote to a favorable one. No other votes
changed but Variance now is granted.
Motion made by Mr. Collins and seconded by Mr. Eagan to grant
the Variance for Arthur & Rose Kovich, but with conditions as
follows:
1) The driveway entrance to the property must remain as is
presently.
t) The front of the garage must face Bellview Drive.
Unanimously granted.
Motion made by Mr. Valanzola and seconded by Mr. Wojtkiewicz
to postpone decision re Great Woods Chrysler - Plymouth, Inc.
until the next hearing and to request the applicant to submit
additional documentation supporting the number of
rentals /leasing done subsequent and prior to his ownership of
the dealership. Mr. Wojtkiewicz, Mr. Valanzola and Mr.
Butler in favor; Mr. Eagan and Mr. Collins, opposed. Motion
carries. Sharon to send letter to applicant requesting same.
The following reorganizational steps were taken:
` Motion made by Mr. Eagan and seconded by Mr. Butler to
nominate Mr. Valanzola as Clerk. Unanimously agreed.
Motion made by Mr. Butler and seconded by Mr. Eagan to
reelect Mr. Wojtkiewicz as Chairman. Unanimously agreed.
Minutes of July 19, 1988 (continued)
Page 4
Pills were signed.
Decision was signed for Eagan.
Motion made to waive reading the Minutes of June 21, 1988.
Unanimously agreed.
Meeting ajourned at 10:45 P.M.
Respectfully sliLbmitted,
Eric E. Butler
Clerk
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