HomeMy WebLinkAboutZBA Minutes 3/1/1988ZONING BOARD OF APPEALS
MINUTES
MARCH 1, 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; Harold R. Collins;
Edward W. Valanzola; Mary -Lou Cotton, Associate Member and Dr. Stanley
Sohn, Associate Member.
There were no scheduled hearings at this meeting.
Motion made by Mr. Valanzola and seconded by Harold Collins to go into
Executive Session to discuss pending litigation under Chapter 39 Section
23B with Great Woods. Mr. Wojtkiewicz, Mr. Collins, Mr. Valanzola,
Mrs. Cotton and Dr. Sohn in favor. Mr. Butler, opposed. The Board
went into Executive Session at 7:51 P.M. Motion made by Mr. Butler
and seconded by Mrs. Cotton to come out of Executive Session at 9:15 P.M.
Unanimously agreed.
Minutes of February 16, 1988 were read and approved.
Mr. Wojtkiewicz advised that question came up regarding the Variance
granted for Jackson Court. Condition of variance was that original
house was to remain. Applicant now wants to destroy the home. Board
discussed the matter and concluded that if the original home is taken
down, the variance which was granted would be null and void.
Mr. Wojtkiewicz to advise Mr. Cook, Building Inspector,
of the Board's determination.
Bills were signed.
Decisions were signed for Brintnall and Tarte.
Meeting ajourned at 9:4o P.M.
Respectfully sub 'tted,
Eric'E. Butler
Clerk .
ZONING BOARD OF APPEALS
MINUTES OF EXECUTIVE SESSION
WITH GREAT WOODS
MARCH 1, 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; Harold R. Collins;
Edward W. Valanzola; Mary -Lou Cotton, Associate Member and Dr. Stanley
Sohn, Associate Member.
Motion made by Mr. Valanzola and seconded by Harold Collins to go into
Executive Session to disiiess pending litigation under Chapter 39 Section
23 B with Great Woods. Mr. Wojtkiewicz, Mr. Collins, Mr. Valanzola,
Mrs. Cototn and Dr. Sohn in favor. Mr. Butler, opposed. The Board
went into Executive Session at 7:51 P.M. Mr. John Dwyer, Town Counsel,
was also present for this Session.
The following people were present on behalf of Great Woods: Mr. Robert
Me Laughlin, Attorney; Ms. Donna Cohen, Attorney; Mr. John E. Drew,
President; Mr. Bruce Montgomery, General Manager; Mr. Bill Moore,
President H.W. Moore Associate, Inc.; and Ms. Rayna Rubin.
Mr. McLaughlin first spoke on behalf of Great Woods explaining the
purpose of the Executive Session, namely the possibility of coming to
a compromise regarding the non - paving variance which Great Woods had
sought and which had been denied by the Zoning Board. The compromise
is being sought prior to both parties pursuing the matter in court.
Mr. Wojtkiewicz explained that the original vote was 3 to 2 in favor
of granting the variance. Although the Zoning Board members have changed
since the original hearing, Mr. Wojtkiewicz explained the negative
comments related to Great Woods being treated the same as other businesses,
not sufficient evidence of hardship, original variance only granted for
2 years in order to get a track record, dust problems, etc.
Mr. Butler questioned the purpose of this Executive Session.
Mr. Dwyer explained that it is a time factor. Court favors the parties
to possibly come to a compromise before appearing in Court. If they
don't meet before going to Court, usually the Court will send both
parties out to discuss a compromise. Therefore, it is preferable to
discuss a compromise before going to Court.
If an agreement is reached, said agreement would be put in writing,
voted, signed and entered as a Court order.
Mr. McLaughlin and Mr. Drew then proceeded to explain that paving the
entire parking lot would be contrary to the environmental good and
that Great Woods would have a substantial financial hardship if they
had to pave the whole lot. Also, there would be the problem of traffic
control.
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Minutes of Executive Session with Great Woods (continued)
Regarding the dust /mud problems, they explained that most of the
problem was in the employee parking lot which was a construction area.
Said problem could be solved by paving this lot.
Mr. Drew and Mr. McLaughlin also explained that Great woods is unique
from other businesses in that it is a seasonal operation.
Mr. wojtkiewicz requested their proposal as a compromise.
Mr. Drew advised the following:
1) pave the employee parking lot
2) put in oil collector at right entrance way to protect runoff
3) to round off paving according to the By -Law regulations - in
the most heavily used areas
He explained how people are parked and where depending upon the size
of the crowds.
Mr. wojtkiewicz requested more info regarding the average use of
space, how many times lot is full, how many times spaces used and a
plan for paving proposed ares. He also requested a solution to dust
problem, facilitating people leaving the parking lot, a plan for
directing people to pavement area first, and a plan to tie it into
the seasonal use and to keep cars out of construction staging area.
Mr. Valanzola requested to see where runoff goes in newly proposed
pave areas. He also inquired about potential problems with injuries
on the crushed stone.
Crushed stone has not caused many injuries, but slight problem with
Symphony crowd (with high heels).
Mr. Valanzola requested an explanation of the financial hardship.
Mr. Drew advised that site had been a former gravel pit, how material
had to be brought in to bring grade back up, etc. Paving cost is
extremely high. Mr. Moore advised possibility of using a combination
of grass and crushed stone.
Motion made by Mr. Butler and seconded by Mrs. Cotton to come out of
Executive Session at 9:15 P.M. Unanimously agreed and to meet again
in Executive Session on either the 15th or 29th of March.
Respectfully submitted,
Eric E. Butler
Clerk