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HomeMy WebLinkAboutZBA Minutes 4/5/1988ZONING BOARD OF APPEALS MAY 1 01988 MINUTES APRIL 5, 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; Mary -Lou Cotton, Associate Member, appointed a voting member in place of Conley G. Eagan; and Dr. Stanley Sohn, Associate Member, appointed a voting member in place of Harold R. Collins. The hearing for William F. Miller for a Variance from Section III.B of the Zoning By -Law to'convert an existing single family dwelling at 101 School Street to a two family dwelling, which is non - conforming in the Residence A Zone, began at 7:50 P.M. Applicant elected to proceed with a four member board. The application was labeled as Exhibit "A ", newspaper ad- vertisement as Exhibit "B" and Plan of Land dated February 24, 1988, pre- pared by Rim Engineering Company, Inc. of Mansfield as Exhibit "C ". The Planning Board unanimously voted to send a negative recommendation on this application. The applicant was represented by his son -in -law, Mr. Richard Bretton. Mr. Miller's daughter was also present at the hearing. The applicant submitted a photograph of the house in question as well as a list of abutters in favor of this variance being granted. There were no comments from any interested abutters. Applicant to submit a copy of the original building permit issued. The hearing closed at 8:09 P.M. The hearing for Richard Rackette, Trustee, of 87 West Street, for a Variance from Section IV Schedule B of the Zoning By -Law to convert a single family dwelling at 109 West Street, owned by Dorothy C. Jones, to a two family dwelling, said dwelling to have less than 100' frontage, which is non- conforming in the Residence B Zone, began at 8:10 P.M. The applicant was represented by his Attorney, William P. Lenahan. The applicant elected to proceed with the hearing with a four member board after discussion between the board members and the applicant indicated that this hearing is actually for a Special Permit as the existing dwelling is an existing non - conforming structure.* Mr. Lenahan also indicated that Mr. Rackette is now the owner of the property in question. Applicant submitted a list of abutters in favor of this application. There were no comments from any abutters. The hearing closed at 8:25 P.M. The hearing. for Mark & Marcia Reddington - Lawton for a Variance from Section IV Schedule B of the Zoning By -Law to construct an addition to ari existing non - conforming dwelling at 3 Cherry Street, said addition to have less than a 15' sideyard, which is non - conforming in the Residence A Zone was rescheduled to April 19, 1988 at the request of the applicant who requested a five member board. The hearing for Rudolph W. Sibilia for a Variance from Section IV Schedule B of the Zoning By -Law to sub - divide a parcel of land at 10 Dean Street, one lot having an existing non - conforming structure, the other lot to have 78' (plus or minus) frontage, which is non - conforming in the Residence B Zone, began at 8:39 P.M. The applicant elected to proceed with a four member board. The application was labeled as Exhibit "A ", newspaper ad- vertisement as Exhibit "B" and Plan of Land dated March 2, 1988, prepared by Hutchins - Trowbridge Associates, Inc. of Mansfield as Exhibit "C ". The. Planning Board voted four in favor, three opposed to send a negative recommendation on this application. Favorable comments were noted from -2- Minutes of April 5, 1988 (continued) .l interested abutters. The hearing closed at 8:46 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 per- mitted in the Agricultural Zone, was rescheduled to April 19, 1988 as there was no quorum for the hearing. Mr. Butler stepped out of this hearing due to a conflict of interest. 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, was rescheduled to April 19, 1988 as the applicant wanted to have a five member board. Motion made by Dr. Sohn and seconded by Mr. Butler to go into Executive Session with representatives from Great Woods to discuss pending litigation. Unanimously agreed. Mr. KarlCLemmey, an abutter, stated his opposition to the board going into Executive Session. Board went into Executive Session at 9:10 P.M. Motion made by Mr. Butler and seconded by Dr. Sohn to come out of Executive Session at'9:30 P.M. Unanimously agreed. No decisions could be made on Mr. D'Ambra or Mr. Vantassell as not all voting members were present at the meeting. Minutes of March 22, 1988 were read and approved. Minutes of March 29, 1988 were read and approved with a correction. Motion made by Mr. Butler to deny the Variance for William Miller. There was no second to the motion so motion failed. Motion made by Mr. Butler to grant the Variance for William Miller. Motion seconded by Mr. Wojt- kiewicz. Mr. Wojtkiewicz in favor;. Mrs. Cotton, Dr. Sohn and Mr. Butler, opposed. Variance denied. Motion made by Dr. Sohn and seconded by Mrs. Cotton to grant the Special Permit for Richard Rackette to convert a single family dwelling at 109 .West Street to a two family dwelling in accordance with the plans sub- mitted. Unanimously granted. (90' frontage) Motion made by Mrs. Cotton and seconded by Dr. Sohn to grant the Variance for Rudolph W. Sibilia to sub - divide a parcel of land at 10 Dean Street, one lot'%ave an existing non - conforming structure, the other to have 78' (plus or' minus) frontage, as per plans submitted. Unanimously agreed. Bills were signed. No decisions were signed. Meeting ajourned at 10:10 P.M. RespeQtfu sub tted, *The application was labeled as Exhibit "A", �_ newspaper advertisement as Exhibit "B" and Plan of Land dtd. 3/25/88 prepared by Rim Eric E. Butler Eng. Co. of Mansfield as Exhibit "C ". The Planning Clerk unanimously voted to send a positive recommendation. t i i i I � ZONING BOARD OF APPEALS no- MINUTES OF EXECUTIVE SESSION 1:IJlf RE GREAT WOODS APRIL 5, 1988 The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:45 P.M. Present at the meeting were the following members: George H. Wojtkiewicz, Chairman; Eric E. Butler, Clerk; Mary -Lou Cotton, Associate Member and Dr. Stanley Sohn, Associate Member. Motion made by Dr. Sohn and seconded by Mr. Butler to go into Executive Session with representatives from Great Woods to discuss pending litigation. Unanimously agreed. Mr. Karl Clemmey, an abutter, stated his opposition to the board going into Executive Session. Board went into Executive Session at 9:10 P.M. Ms. Donna Cohen, Attorney, and Ms. Rayna Rubin represented Great Woods and submitted a proposed stipulation for approval by the board members present. The proposed stipulation was drawn up based on the previous meeting held in Executive Session. Dr. Sohn and Mr. Butler questioned Item number 2 and the phrase "reasonable discretion ". Ms. Cohen agreed to change the wording of Item 2 to the following: "Two booms will be appropriately placed and properly maintained in water detention areas, according to acceptable engineering, environ- mental and manufacturer's standards. Board members agreed to sign the revised stipulation and were satisfied that at least two members not present (Mr. Valanzola and Mr. Eagan) would agree to sign the same at a later date as they had so indicated to Sharon before this meeting. Mr. Dwyer, Town Counsel, had previously read said stipulation and agreed to sign same. One copy of the stipulation was taken by Great Woods and one retained by the Zoning Board. Motion made by Mr. Butler and seconded by Dr. Sohn to come out of Executive Session at 9 :30 P.M. Unanimously agreed. Respectfully.s �mitted, Eric E. Butler Clerk