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.
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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