Loading...
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, -2- 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) -3- 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