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Home My WebLink AboutZBA Minutes 4/19/1988R M9 OMG -- ( MAY 1010 ZONING BOARD OF APPEALS . R� MINUTES APRIL 19, 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; Harold R. Collins; Conley G. Eagan; Edward W. Valanzola; Mary -Lou Cotton, Associate Member and Dr. Stanley Sohn, Associate Member. The hearing for Normand E. Chartier for a Special Permit from Section V.A of the Zoning -By -Law for expansion of a non- conforming use at 1004 East Street in the Agricultural Zone_ began at 7:51 P.M. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B ", Plan of Land dated March 24, 1988, prepared by Bay Colony Surveying, Inc. of Foxboro as Exhibit "C" and hand -drawn sketch of the proposed addition as Exhibit "D ". The Planning Board unanimously voted to send a positive recommendation on this application. The applicant was present and was represented by his attorney, John H. Michelmore. There were no comments from any abutters. The hearing closed at 8:05 P.M. The hearing for Patrick & Deborah Ruta of 20 Fuller Road, Foxboro for a Variance from Section IV Schedule B of the Zoning By -Law to construct a dwelling on a lot on Tremont Street (Assessor's Map 5 Lot 18), owned by Stephen L. Benoit of 8 Linden Road, E. Sandwich, said lot with 11.96' frontage which is non - conforming in the Agricultural Zone, began at 8:06 P.M. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B and Plan of Land dated November 12, 1984, prepared by R.I.M. Engineering Co., Inc. of Mansfield, as Exhibit "C ". The Planning Board unanimously voted to send a negative recommendation on this application. Comments were noted from the present owner, Mr. Benoit as well as numerous comments from abutters. The hearing closed at.8:30 P.M. The hearing for Charles G. Coffey for a Variance from Section IV Schedule B of the Zoning By -Law to sub- divide a parcel of land at 15 King Street, one of said lots having an existing non - conforming dwelling, said lot to have less than the required area in the Residence C Zone. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B" and Plan of Land dated February 5, 1988, prepared by David E. Grant of Mansfield as Exhibit "C ". The Planning Board unanimously voted to send a positive recommendation on this application. Negative comments were noted from an interested abutter. The hearing closed at 9:04 P.M. The hearing for Mark & Lynn Helm of 2 Clark Street, Randolph, a Minutes of April 19, 1988 (continued) - Page 2 for a Variance from the Waterbody Setback, Section V.I of the Zoning By -Law to build a principal structure on a lot at 30 Oak Street, owned by Marvin & Mary Clark of 130 Mt. Pleasant St., Roxbury, said structure to be less than 100' from Hodges Brook, which is not allowed and a Variance from Section IV Schedule B of the Zoning By -Law to construct a dwelling with a 15' sideyard, which is non - conforming in the Agricultural Zone began at 9:07 P.M. The application was ruled out of order as discussion revealed that a Variance had previously been denied to another applicant, Robert G. Moore in January of 1987 and the two year period for reapplying has not yet passed. The hearing for G & M Realty Trust of 13 Morningside Drive, Norwood for a Special Permit for expansion of a non- conforming use at 66o East Street, said use in the Water Protection District in accordance with Sections III.K and V.A of the Zoning By -Law began at 9:26 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 ", newspappeR advertisement as Exhibit "B ", and Plan of Land dated March 2, 1988, prepared by R.F. Merrikin Associates of East Walpole as Exhibit "C ". The Planning Board voted four in favor, one opposed to send a negative recommendation on this application. The applicant was represented by Richard Merrikin, Engineer. Comments were noted from interested abutters. The hearing closed at 9:50 P.M. The hearing for Mark Variance from Section construct an addition at 3 Cherry Street, s sideyard, which is no began at 9:51 P.M. T April 5, 1988, but wa to have a five member Acting Clerk and voti The application was 1 advertisement as Exhi 24, 1987, prepared by "C ". The Planning Bo & Marcia Reddington- Lawton for a IV Schedule B of the Zoning By -Law to to an existing non - conforming dwelling aid addition to have less than a 15' n- conforming in the Residence A Zone his hearing was originally scheduled for s rescheduled to this evening in order board. Mary -Lou Cotton remained as ng member in place of Eric E. Butler. abeled as Exhibit "A ", newspaper bit "B" and Plan of Land dated August David E. Grant of Mansfield as Exhibit and voted five in favor. two nnnnsed to send a negative recommendation on this application. Favorable correspondence from interested abutters was read into the record. The hearing closed at 10:00 P.M. The hearing for Arthur & Rose Kovich 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' sideyard, which is non - conforming in the Residence A Zone, began at 10:00 P.M. The hearing was originally scheduled for April 5, 1988, but was rescheduled for this meeting in order to have a five member board. The Minutes of April 19, 1988 (continued) - Page 3 application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B" and Plan of Land dated March 21, 1988, prepared by Hutchins- Trowbridge Associates, Inc. of Mansfield as Exhibit "C ". The Planning Board unanimously voted to send a negative recommendation on this application. Peter O'Brien, Attorney, spoke on behalf of the applicants, who were also present. There were no comments from any abutters. The hearing closed at 10:07 P.M. The hearing for the Mansfield Lodge of Elks, No. 2633 for a . Variance from Section III.E of the Zoning By -Law to construct a building on a lot on Eastland Street (Route 106) (Assessor's Map 42, Lot 8), said use not permitted in the Agricultural Zone, began at 10:15 P.M. Mary -Lou Cotton was appointed a voting member and Acting Clerk in place of Eric Butler. Dr. Stanley Sohn was appointed a voting member in place of Conley Eagan. This hearing was originally scheduled for April 5, 1988, but was rescheduled to this meeting due to lack of a quorum. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B" and Plan of Land dated April 13, 1987 and revised March 31, 1988, prepared by E. Otis Dyer, of Rehoboth as Exhibit "C ". The Planning Board voted five in favor, two opposed to send a positive recommendation on this application with conditions. Kenneth Owens spoke on behalf of the Mansfield Elks and submitted drawings of the proposed building. Comments were noted from interested abutters. The hearing closed at 11:00 P.M. Motion made by Mr. Eagan and seconded by Mr. Collins to grant the Variance for Arthur and Rose Kovich to construct an addition to an existing dwelling at 20 Bellview Drive with a 4.8' sideyard. Mr. Eagan, Mr. Collins and Mrs. Cotton in favor; Mr. Valanzola and Mr. Wojtkiewicz opposed. Variance denied. Motion made Eby Mr. Eagan and seconded by Mr. Collins to grant the Variance Mark & Marcia Redd ington-Lawton to construct an addition to an existing non - conforming dwellingaater err�yubmitted). Street, said addition to have a 6.6' sideyard. RrP. Eq Mr. Collins, Mr. Valanzola and Mrs. Cotton in favor; Mr. Wojtkiewicz,_ opposed. Variance granted. Motion made by Mr. Collins and seconded by Mr. Butler to grant the Variance for Gary D'Ambra to construct a detached accessory building on a lot at 69 Charles Street, said building not located in the rear yard.* Unanimously passed. *set back 38' from Charles St., in accordance with plans submitted. (Voting members: Mr. Wojtkiewiez, Mr. Butler, Mr. Collins, Mr. Valanzola and Dr. Sohn, voting in place of Mr. Eagan) Motion made by Mr. Butler and seconded by Dr. Sohn to grant the Variance for Richard L. Vantassell to construct an addition to an existing dwelling at 8 Langley Drive, said I Minutes of April 19, 1988 (continued) - Page 4 addition to have a 9' sideyard. Unanimously passed. (Voting members: Mr. Wojtkiewicz, Mr. Butler, Mr. Collins and Dr. Sohn, voting in place of Mr. Valanzola) Mr. Klemmey was present at this meeting requesting to see a copy of a revised plan submitted by Great Woods in Executive Session. Board denied his request as the case is still in litigation. Mr.. Klemmey reiterated his opposition to the Board going into Executive Session on a Variance that had been previously denied. Based on a letter received from the Building Inspector, Mr. Cook, said letter dated April 12, 198$,the Board elected not to reconsider the vote regarding the application of Mr. Miller. No bills were signed. Decisions were signed for Sibilia, Miller and Piackette. Meeting ajourned at 11:15 P.M. Respectfully submitted, Eric E. Butler Clerk: