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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 I