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HomeMy WebLinkAboutZBA Minutes 9/2/1986t ZONING BOARD OF APPEALS MINUTES SEPTEMBER 2, 1986 The Board of Appeals held its regual 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; Harold R. Collins; Leonard F. Flynn, Associate Member. The hearing for Brian Smith for a Variance from Section IV, Schedule B of the Zoning By -Law to construct an addition to an existing single family dwelling at 15 Spring Street, said addition having less than a 15 foot side yard, on a lot containing less than 15,000 sq. ft., the existing structure having less than 30 foot front yard and 40 foot rear yard, all of which are non - conforming in a Residence B Zone began at 7:50 P.M. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B ", Plan of Land prepared by David E. Grant dated July 10, 1986 as Exhibit "C", and hand drawn sketch of the proposed addition as Exhibit "D ". The Planning Board was recorded as being opposed to the Variance. The hearing closed at 8:10 P.M. The hearing for Peter & Deborah Brown for a Variance from Section IV, Schedule B of the Zoning By -Law to construct an addition to an existing single family dwelling at 791 Ware Street, said addition having less than 25 foot side yard which is non - conforming in an Agricultural Zone began at 8:11 P.M. The applica- tion was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B ", Plan of Land dated July 1986 prepared by Hutchins - Trowbridge Associates as Exhibit "C" and sketch of the proposed addition as Exhibit "D ". The Planning Board was recorded as being in favor of the Variance. Favorable comments were noted from abutters. The hearing closed at 8:17 P.M. The hearing for Sandra Franey for a Variance from Section IV, Schedule B of the Zoning By -Law to construct a single family dwelling on a lot on the corner of Old Elm Street and School Street, said lot containing less than 30,000 square feet, the proposed structure to have less than 40 foot side yard and 40 foot front yard, all of which are non - conforming in an Agricultural Zone began at 8:18 P.M. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B ", Plan of Land dated July 21, 1986 prepared by Hutchins - Trowbridge Associates, as Exhibit "C ". The Planning Board was recorded as being opposed to the Variance. Charles Bennet, attorney from Attleboro, spoke on behalf of the applicant. Comments were recorded from interested abutters. The hearing closed at 8:47 P.M. The hearing for Great Woods, Inc. for a Variance from Section V, Schedule H of the Zoning By -Law to erect a sign at 899 South Main Street, said sign being larger than allowed in an Industrial Zone began at 8:47 P.M. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B ", sketch of the proposed sign prepared by Signs, Etc. as Exhibit "C" and Plan of Land dated March 25, 1985 prepared by H.W. Moore Associates, Inc. as Exhibit "D ". The Planning Board was recorded as being opposed to the Variance. The hearing was continued to 9/16/86 for applicant to provide plan for exact location and dimensions of sign as well as the lighting to be used. a -2- The hearing for Jeffrey & Barbara Landon for a Variance from Section IV, Schedule B of the Zoning By -Law to construct an addition to an existing single family dwelling, said addition having less than a 25 foot side yard, which is non - conforming in an Agricultural Zone began at 9:04 P.M. (Property at 17 Rustic Drive) The application was labeled as Exhibit "A ", newspaper advertise - ment as Exhibit "B", Plan of Land dated June 11, 1986 prepared by Douglas Engineering, as Exhibit "C" and sketch of the porposed addition as Exhibit "D ". The Planning Board was recorded as being in favor of the Variance. The hearing closed at 9:14 P.M. The hearing for Louis & Doris Cinelli for a Special Permit from Section V.A.2.b of the Zoning By -Law to use an existing building at 7 Riverside Drive for a business servicing scales, weights and measures, said use being non - conforming ina Residence A Zone began at 9:15 P.M. The application was labeled as Exhibit "A", newspaper advertisement as Exhibit "B", Plan of Land dated August 28, 1986 prepared by Dunn Engineering Co., Inc. as Exhibit "C ". The Planning Board was recorded as being in favor of the the Special Permit. Gerry Abbott and Mrs. Presentado spoke on behalf of the applicants. The hearing closed at 9:26 P.M. The hearing for Richard J. & Kathleen Sullivan (continued from 8/5/86) for a Variance from Section V, Schedule B of the Zoning By -Law to construct a single family dwelling on a lot on Columbine Road, known on Asssessors Map 36 as Lots 41 and 42, said lot containing less than 15,000,square feet, which is non- conform- ing ina Residence A Zone began at 9:27 P.M. The application was labeled as Exhibit "A ", newspaper advertisement as Exhibit "B", Plan of Land dated June 6, 1986 prepared by John C. Adams as Exhibit "C" and Plan of Land showing proposed dwelling dated August 18, 1986 prepared by John C. Adams as Exhibit "D ". The Planning Board was recorded as being oposed to the Variance. Correspondence was read from interested abutters. The hearing closed at 9:35 P.M. Motion made by Mr. Collins and seconded by Mr. Lajoie to grant the Variance for Louis D. Restaino as per plans submitted. All were in favor. Motion made by Mr. Collins and seconded by Mr. Eagan to grant the Variance for Paul J. Folkman as per plans submitted and on the following conditions: 1. Original house shall remain for a total of 13 units, three of which shall be within the original house as shown on Exhibit "C ". 2. Speed bumps will be erected in place of the gate shown on the drawing submitted. 3. Applicant shall construct and maintain the parking lot as a municipal parking lot including repaving, etc. as necessitated by Town of Mansfield construction /repair acitivities. 4. Pavement and curbing shall conform to the Town of Mansfield specifications. All were in favor with the exception of Mr. Lajoie who disqualified himself from this hearing. Motion made by Mr. Eagan and seconded by Mr. Collins to grant the Variance for Richard J. & Kathleen Sullivan as per plans submitted. Mr. Eagan, Mr. Collins, Mr. Lajoie and Mr. Wojtkiewicz in favor; Mr. Butler opposed. Variance granted. -3- Motion made by Mr. Lajoie and seconded by Mr. Butler to grant the Special Permit for Louis & Doris Cinelli as per plans submitted and on the conditions that said use shall be confined to the existing building only with no outside storage and hours of operation shall be between 7:00 A.M. and 5:00 P.M. only. Mr. Lajoie, Mr. Butler, Mr. Collins, Mr. Wojtkiewicz in favor; Mr. Eagan abstained. Special Permit granted. Motion made by Mr. Collins and seconded by Mr. Lajoie to grant the Variance for Jeffrey & Barbara Landon as per plans submitted. All were in favor. Motion made by Mr. Collins and seconded by Mr. Butler to deny the Variance for Sandra Franey as per plans submitted. Mr. Collins and Mr. Butler in favor; Mr. Wojtkiewicz, Mr. Eagan and Mr. Lajoie opposed. Variance denied. Motion made by Mr. Collins and seconded by Mr. Lajoie to grant the Variance for Peter & Deborah Brown as per plans submitted. All were in favor. Motion made be Mr. Butler and seconded by Mr. Eagan to grant the Variance for Brian Smith as per plans submitted. Mr. Butler in favor; Mr. Eagan, Mr. Collins, Mr. Lajoie, Mr. Wojtkiewicz opposed. Variance denied. Motion made to waive the reading of the minutes of July 1, 1986 and August 5, 1986. All were in favor. Bills were signed. Mr. Wojtkiewicz requested members to be present at meeting with Keith Industries Tuesday, September 9, 1986. Mr. Wojtkiewicz requested any member to be representative for the Master Plan Committee. Motion made by Mr. Flynn and seconded by Mr. Eagan and Mr. Butler to buy microphone for the tape recorder. All were in favor. Motion made to continue Nievergelt correspondence to next regular meeting. All were in favor. Meeting ajourned at 11:15 P.M. Respectfully submitted, Eric E. Butler Clerk