HomeMy WebLinkAboutZBA Minutes 12/2/1986ZONING BOARD OF APPEALS
MINUTES
DECEMBER 2, 1986
The Board of Appeals held its regular meeting in the Town Hall, Mansfield,
MA at 7:45 P.M. Present at the hearings were the following members:
George H. Wojtkiewicz, Chairman; Eric E. Butler, Clerk; Conley G. Eagan;
0. Conrad Lajoie; John H. Riccio, Associate Member and Leonard F. Flynn,
Associate Member.
The hearing for Mansfield C.L.E.A.N. for an Appeal from the Decision of
the Inspector of Buildings regarding a building permit issued to Paul
Folkman for 28 Court Street, located in the Downtown Business Zone began
at 7:52 P.M. Mr. Riccio was appointed a voting member in place of Mr.
Collins. Mr. Flynn was appointed a voting member in place of Mr. Lajoie
who has a business interest with Mr. Folkman. The application was labeled
as Exhibit "A ", newspaper advertisment as Exhibit "B ". The Planning Board
was recorded as making a "no vote" on this application. Mr. Joseph Zaneski
spoke on behalf of Mansfield C.L.E.A.N. Mr. Bertram Cook, Inspector of
Buildings, was present at the hearing and presented information pertaining
to the case. Various correspondence between all parties concerned was read.
The hearing closed at 8:30 P.M.
The hearing for Robert G. Moore of 35 Walker St., Norton for a Variance from
Section I.1.a of the Zoning By -Law to construct a single family home on
Oak Street, Lot 274, owned by Marvin W. and Mary R. clark of Roxbury, said
home to have less than the one hundred (1001) setback from Hodges Brook,
which is non - conforming in a Residence AA Zone, began at 8:34 P.M. Mr. Flynn
was appointed a voting member in place of Mr. Collins. The application was
labeled as Exhibit "A ", newspaper advertisement as Exhibit "B" and Plan of
Land dated 11/86 prepared by Huie Engineering Company of Franklin as Exhibit
"C". Mr. Tony Caponigro of Christian and Schromm and Mr. Peter Huie of
Huie Engineering Conpa.ny spoke on behalf of the applicant. The Planning
Board was recorded as being five in favor (2 members absent) of recommending
that this application not be granted. No comments were recorded from any
abutters. The hearing closed at 8:55 P.M.
The hearing for J. Colella & Son, Inc., of 10 Green St., Franklin for a
Variance from Section III -G -15 of the Zoning By -Law to construct a three
story, 7 unit multi - family dwelling at 14 Church Street, which is non -con-
forming in the Downtown Business Zone began at 8:57 P.M. Mr. Riccio was
appointed a voting member in place of Mr. Collins. The application was labeled
as Exhibit "A"; newspaper advertisement as Exhibit "B" and Plan of Land dated
September 17, 1986, prepared by Norwood Engineering Co., Inc. of Norwood as
Exhibit "C ". The Planning Board was recorded as being five in favor, one
opposed in favor of recommending that this application be granted. Mr. Neil
J. Roche, Attorney, and Mr. Vinal Applebee, Project Manager /Engineer, spoke
on behalf of Mr. John Colella who was also present. There were no comments
from abutters. The hearing closed at 9:12 P.M.
The hearing for the Town of Mansfield for a Variance from the provisions of
i Section III.K of the Zoning By -Law to relocate fuel storage tanks at East
Street and a Special Permit for expansion of a non - conforming use in the
Agricultural Zone began at 9:13 P.M. Mr. Flynn was appointed a voting mem-
(Minutes of December 2, 1986 - continued)
ber in place of Mr. Collins. The
newspaper advertisement as Exhibit
1986 prepared by Gale Engineering
The Planning Board was recorded a
Variance /Special Permit be grante,
Works, spoke on behalf of the Tow.
from abutters. The hearing close,
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application was label�d as Exhibit "A";
"B "; and Plan of Land dated October 22,
Company, Inc. of Weymouth as Exhibit "C ".
being in favor of recommending that this
Mr. John Ryan, Director of Public
of Mansfield. There were no comments
at 9:20 P.M.
The hearing for Gregory A. Cauldwell /Mansfield Fish & Game for a Special
Permit in accordance with Section V.A.2B of the Zoning By -Law for the expan-
sion of an existing non - conforming use on East Street (behind the Town
Garage) in the Agricultural Zone began at 9:21 P.M. The application was
labeled as Exhibit "A"; newspaper advertisement as Exhibit "B "; and Plan of
Land dated May 16, 1985 prepared by Rim Engineering Co., Inc. of Mansfield
as Exhibit "C ". The Planning Board did not make a recommendation on this
application as the Plan of Land was not submitted in sufficient time for
the Board to vote. Negative comments were recorded from interested abutters.
Mr. Riccio was appointed a voting member in place of Mr. Collins. The
hearing closed at 9:56 P.M.
The hearing for John H. Riccio of 341 Mill Street for a Variance from
Section IV Schedule B of the Zoning By -Law to build a single family home at
a lot on 325 Mill Street, owned by Alice M. Flint, with less than one hundred
twenty foot (1201) frontage and less than a 30,000 square foot lot, which is
non - conforming in the Agricultural Zone, began at 9:57 P.M. Mr. Flynn was
appointed a voting member in place of Mr. Collins. The application was labeled
as Exhibit "A"; newspaper advertisement as Exhibit "B "; and Plan of Land
dated November 3, 1986 prepared by David E. Grant of Mansfield as Exhibit
"C ". The Planning Board was recorded as being unanimously (6 members) in
favor of recommending that this application not be granted. Mr. Benjamin
Flint spoke on behalf of the owner, Alice M. Flint. Comments were recorded
from an interested abutter. The hearing was continued until December 16,
1986 in order for the applicant to submit a Title Search of the lot in
question.
Motion made by Mr. Eagan and seconded by Mr. Butler to uphold the Decision
of the Inspector of Buildings in granting the building permit to Mr. Folkman
for 28 Court Street. All voted uananimously to uphold the Decision. Appeal
denied.
Motion made by Mr. Eagan and seconded by Mr. Butler to grant the Variance
to J. Colella & Son, Inc. as per plans submitted. Unanimously passed.
Motion made by Mr. Eagan and seconded by Mr. Butler to grant the Variance/
Special Permit to the Town of Mansfield as per plans submitted. Unanimously
passed.
Motion made by Mr. Butler and seconded by Mr. Eagan to deny the Special Permit for
Gregory A. Cauldwell /Mansfield Fish & Game as per plans submitted. Mr.
Wojtkiewicz, Mr. Eagan, Mr. Butler voted-to deny the Special Permit; Mr. Riccio and
Mr. Lajoie abstained. Special Permit denied.
(Minutes of December 2, 1986 - continued)
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Decision regarding Variance application of Mr. Robert G. Moore postponed
to December 16, 1986.
Motion made to waive the reading of the Minutes of November 18, 1986. All
in favor.
Decision was signed for Peter J. Fontanini.
Bills were signed.
Meeting ajourned at 11:10 P.M.
Respectfully s mitted,
Eric E. Butler
Clerk