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HomeMy WebLinkAboutZBA Minutes 6/21/1988� t SEP 3 ZONING BOARD OF APPEALS MINUTES JUNE 21,_ 1988 The Board of 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. Wojtkiewicz, Chairman; Eric E. Butler, Clerk.; Conley G. Eagan; Edward W. Valan<ola; Dr. Stanley Sohn, Associate Member and Mary -Lau Cotton, Associate Member. The hearing for Gary P. & Janet S. Eagan of 19 Janet Lane for a Variance from Section 1.E.15 and Section IV Schedule B of the Zoning By -Law to construct a single family dwelling at 20 Janet Lane, with less than 120' (foot) frontage, which is non - conforming in the Residence AA Zone, began at 7:50 P.M. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B" and Plan of Land dated May 25, 1988, prepared by Hutchins - Trowbridge Associates, Inc. of Mansfield as Exhibit "C ". The Planning Board voted five in favor, two abstentions to send a negative recommendation on this application. Dr. Stanley Sohn was appointed a voting member in place of Harold Collins. Mary Lou Cotton was appointed a voting member in place of Conley G. Eagan, who stepped down due to a conflict of interest. Gary Eagan and Charles Mulcahy, Attorney representing the owner, Mark Mitchell, were present at the hearing. Comments were noted from interested abutters. The hearing closed at 8:30 P.M. The hearing for Michael A. McClanahan of 121 Rumford Avenue for a Variance from Section III.B of the Zoning By -Law to construct a two family dwelling on Wood Avenue (MaryAlice Way) (Assessor's Map 18, Lots 211 thru 215), which is non - conforming in the Residence A Zone, began at 8:30 P.M. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B" and Plan of Land dated July 20, 1987 and revised August 7, 1987, prepared by Hutchins - Trowbridge Associates, Inc. of Mansfield as Exhibit "C ". The Planning Board voted sir, in favor, one opposed to send a positive recommendation on this application. Dr. Stanley Sohn was appointed a voting member in place of Harold Collins'. The applicant submitted photos of the area in question as well as a favorable letter- from the Chief of Police. No comments wer.a rioted from .-,.ny abutters. The hearing closed at 8:45 P.M. The he_.ring for Ronald N. Harrison for a Variance from Section IV Schedule B of the Zoning By -Law -to construct an addition to an existing dwelling at 12 Rustic Drive with less than a 25' (foot) side yard, which is non- conforming in the Agriculture Zone, began at 8 :45 P.M. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B" and Plan of Land dated July 20, 1987, and latest revision dated May 27, 1988, prepared by RIM Engineering Co., Inc. of Mansfield as Exhibit "C ". The Planning Board unanimously voted to send a neqative recommendation on this application. Dr. Stanley Sohn was appointed a vo i q member in place of Harold Collins. There were no comments from any a�u�ters. The hearing closed at 9:00 P.M. -2- Minutes of June 21, 1988 (continued) Page 2 of ._ The hearing for Spring Brook Cemetary for a Special Permit for expansion of a non - conforming use at 88 School Street in a Residence A Zone in accordance with Section V.A.2.b of the Zoning By -Law began at 9:00 F.M. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B" and Plan of Land dated June 20, 1988, prepared by Hutchins - Trowbridge Associates, Inc. of Mansfield as Exhibit "C ". The Planning Board unanimously voted to send a positive recommendation on this application. Mary -Lou Cotton was appointed a voting member in place of Harold Collins. Mr. James Mayall, Caretaker, spoke on behalf of the applicant. There were no comments from any abutters. The hearing closed at 9:07 F.M. The hearing for 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 and replace it with two, two unit buildings and retain parking in the municipal parking lot in the Downtown Business Zone, began at 9:07 P.M. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B" and Plan of Land dated April 28, 1988, prepared by Hutchins- Trowbridge Associates, Inc. of Mansfield as Exhibit "C ". The Planning Board voted five in favor, two abstentions to send a negative recommendation on this application. Mary Lou Cotton was appointed a voting member in place of Harold Collins. Charles Bennet, Attorney, spoke first on behalf of the applicant /owners, Paul Folkman and Karl Clemmey. A letter dated June 17, 1988 from the Board of Selectmen to the Zoning Board was read in to the record. Said letter requested the ZBA to postpone a decision on this application until after a meeting on June 29, 1988 between the Selectmen, Paul Folkman and Karl Clemmey. Mr. Bennet explained that the changes requested are for the following reasons: request of perspective purchasers for aesthetic purposes, age of deteriorating home, no additions to parking problem, character of old house not in character of the net•i architecbtre. Mr-. FLlk:man expounded on the above reasons. Mumerouts comm_nts for ar,, against were noted from interested abutters and current and - -_tture owners of the units. The hearing closed at 10:10 P.M. Motion made by Dr. Sohn and seconded by Mrs. Cotton to grant the Variance for Gary & Janet Eagan to construct a single family dtelling at 20 Janet with conditions: 1) A 20' buffer zone mt_t }c remain on said property abutting residents on Surrey Dive and a privacy hedge on said property abutting residents of 9 Patricia Road and 14 Janet Lane. 2) A plot plan faith more definitive property lines must be submitted. I i Minutes of June 21, Page 3 of 3 Unanimously granted. -3- 1988 (continued) Motion made by Mr. Eagan and seconded by Dr. Sohn to grant the Variance for Mr. McClanahan to construct a two family dwelling on Wood Avenue (MaryAlice Way). Dr. Sohn, Mr. Eagan and Mr. Wojtk:iewicz in favor; Mr. Butler, opposed, Mr. Valanzola, abstained. Variance denied. Motion made by Mr. Eagan and seconded by Dr. Sohn to grant the Variance for Ronald Harrison to construct an addition to an existing dwelling at 12 Rustic Drive with a 6' (foot) sideyard. Unanimously granted. Motion made by Special Permit conforming use garage /shed). Motion made by making a decis input from the Minutes of May Sharon to send meetings. Mr. Eagan and seconded by Mrs. Cotton to grant the for Spring Brook Cemetary for expansion of a non - at 88 School Street (construction of a 30' x 40' Unanimously granted. Mr. Eagan and seconded by Mr. Valanzola to hold Lon on Jackson Court until the Zoning Board receives Board of Selectmen. Unanimously agreed. 17, 1988 and June 7, 1988 were read and approved. copy of minutes to Mrs. Cotton before scheduled Sharon to place "Reorganization" of the Zoning Board on the next agenda. Discussion re phone call from Hullquist Terminals, Mr. DePierro, who requested a ZBA member or designee arrange approval of the storage container to be used for containment of a potentially hazardous spill as per Condition No. 4 of the Decision filed October 9, 1957. Sharon to send memo to Bert Cook, Building Inspector, requesting him to arranoe same. Bills were signed. Decisions were signed for Kominsk:y, Brennan and Hooper. Meeting ajourned at 10 40 F.M. Respectfully submitted, A Eric E. Butler Clerk