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HomeMy WebLinkAboutZBA Minutes 5/20/1986ZOiNING BOARD OF APPEALS MAY 20, 1986 JUG! -6 1986 MINUTES I V V N ° ti The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7 :45pm. Present at the hearings were the'following members: Chairman George H. 'Wojtkiewicz; Clerk Eric E. Butler, Harold R. Collins; Conley G. Eagan; 0. Conrad Lajoie; Associate Members Leonard F. Flynn and John H. Riccio. The hearing for ABC Trust, 311 ?lm Terrace, for a Variance from Section III Paragraph B of the Zoning By -Lacy to construct a two- family residence on a lot on Copeland Drive, known on Assessors Map 17 as lots 46 & 47, said use being non - conforming in a Residence A Zone, began at 7 :45pm. Conley G. Eagan left the room at this point and John II. Riccio was appointed a voting member in his place. The application was labeled as Exhibit "A", the newspaper advertisement as Exhibit 'B", Plan of Land prepared by RIM Enginering Co., Inc, dated April 18, 1986 as Exhibit "C". There was no correspondence from the Planning Board. Comments were noted from abutters. The hearing closed at 8:20pm. The hearing for Donald H. DesVergnes, 676 Lindsey St., Attleboro, for a Variance from Section IV Schedule B of the Zoning By -Late to construct a single family duelling on a lot on Elm Street, known on Assessors Map 7 as lot 15, said lot having less than 120' frontage, which is non - conforming in an Agricultural Zone began at at 8:21pm. The application was labeled as exhibit "A ", the newspaper advertisement as Exhibit "B", Planof Land prepared by RIM Engineering Co., Inc. dated March 17, 1986 as Exhibit "C". There was no correspondence from the Planning Board. The hearing closed at 8 :35pm. The hearing for L. Kenneth Anderson, 153 Summer St., Rehoboth, for a Variance from Section IV Schedule B and.- .Section III Paragraph E of the Zoning By -Lacy to construct a residence on a lot on Elm Street known on Assessors Map 7 as lot 29, said lot having less than 120' frontage, said residence to contain an apartment, all of which are non - conforming in an Agricultural Zone began at 8:36pm. The application was labeled as Exhibit "A ", the newspaper advertisement as Exhibit "B", Plan of land prepared by Percy C. Peckman, Surveyor dated June 27: 1947 as Exhibit "C". There was no correspondence from the Planning Board. The hearing will be continued to June 3, 1986 to allow the applicant time to have a proper plan prepared. The hearing for Dennis & Deborah Giokas for a Variance from Section IV Schedule B of the Zoning By -Lawn for an addition to an existing single family dwelling at 6 Tanya Drive said addition having less than a 40' frontyard, which is non - conforming in an Agricultural Zone began at 8:45pm. The application was labeled as Exhibit "A ", the newspaper advertisement as Exhibit "B", Plan of Land prepared. by RIM Engineering Co., Inc, dated April 24, 1986 as Exhibit "C", Plan of Land prepared by Nicholas Beinars, Registered Land Surveyor, dated April 59 1986 as Exhibit "D ". There was no correspondence from the Planning Board. The hearing closed at 8:53pm. - 2 - The hearing for Lawrence F. & Barbara A. Flemming for a Variance from Section IV Schedule B of the Zoning By-Law to construct an addition to an existing single family dwelling at 19 Lantern Lane, said addition having less than a 251 sideyard which is non - conforming in a Residence AA Zone began at 8:55pm. The application was labeled as Exhibit "A ", the newspaper advertisement as Exhibit "B ", Plan of Land prepared by Gerard F. Conklin, Registered Professional Engineer dated. December 3, 1985 as Exhibit "C ". There was no correspondence from the Planning Board. The hearing closed at 9:05pm. The hearing for the Benevolent and Protective Order of Elks of the United States I-iansfield Lodge #2633 for a Variance from Section III Paragraph E of the Zoning By -Law to construct a Lodge Hall on Route 1063 Eastman Street, known on Assessors Map 42 as lot 8, said use being non - conforming in an Agricultural Zone began at 9 :05pm. The application was labeled as Exhibit "A ", The newspaper advertisement as Exhibit "B ", Plan of Land prepared by Everett Oits Dyer, RP -E, RLS, dated January 3, 1985 as L.chiit "C ". Mr. Butler, Mr. Eagan, Mr. Riccio left the room at this point. The applicant requested that the application be withdrawn at this time, without prejudice, to be 'resubmitted at a later date. The hearing for Robert and Wanda Maloon was continued from Ilay 6, 1986. Letter received from the applicant requesting the application be withdrawn and be 'resubmitted under a special permit. It was the consensus of the Board that this request for an in -law apartment cannot be considered under a special permit because it is not allowed in the Zoning By -Laver. It will be heard as a Variance request. The hearing for Carol Sousa for a. Variance to construct an addition with less than a 401 front yard set back was continued set back was continued from May 6, 1986. The applicant felt she could not place her addition in any other position on the lot and submitted the same plan. She also submitted a letter requesting an extension. The Board felt that the time period was running out and therefore closed the hearing. Motion made by Mr. Collins and seconded by Mr. Riccio to grant the Variance for ABC Trust. All in favor. Motion made by Mr. Collins and seconded by Mr. Eagan to grant the variance for Donald DesVergnes. Mr. Collins, Mr. Eagan, Mr. Lajoie in favor. Mr. Wojtkiewicz, Mr. Butler opposed on the ground that he did not demonstrate sufficient hardship. Variance denied. Motion made by Mr. Eagan and seconded by Mr. Butler to grant the variance for Dennis & Deborah Giokas. All were in favor. Motion made by Mr. Collins and seconded by Mr. Eagan to grant the Variance for Lawrence & Barbara Fleming with a 20' sideyard. All were in favor. Motion made by Mr. Eagan and seconded by Mr. Butler to deny the Variance for Carol Sousa, Mr. Pagan, Mr. Butler, Mr. Collins, Mr Vojtkiewicz in favor; Mr. Lajoie opposed. Variance is denied. Respectfully submitted Eric E. Butler