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HomeMy WebLinkAboutZBA Minutes 9/17/1985ZONING BOARD OF APPEALS MINUTES SEPTEMBER 17, 1985 The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:45pm. Present were the following members: Chairman George H. Wojtkiewicz, Clerk Eric Eric E. Butler, Harold R. Collins, Conley G. Eagan, Nicola C. Holm, Associate Members Leonard F. Flynn and John H. Riccio. The hearing for Charles E. Mueller, 2 Kings Lane, Norton for a Variance from Section IV Schedule B of the 'Zoning By -Law for a lot on Mill Street known on Assessors Map 37 as lot 60, said lot having less than 120' frontage and to construct a house with less than 25' sideyards, both of which are non- conforming in an Agricultural Zone, was continued from August 20, 1985. Mr. Mueller chose to withdraw his application without prejudice. The hearing closed at 8:22pm. The hearing for John P.Taylor, Jr. for a Variance from Section IV Schedule B of the Zoning By -Law for a lot on Thornton Road known on Assessors Map 37 as lot 66, said lot having less than 15,000 quare feet, less than 100 feet frontage with a proposed structure having less than a 15 foot sideyard, less than a 30 foot front yard and less than a 40 foot rear yard, all of which are non - conforming in a Residence A Zone, was continued from September 3, 1985. Mr. Taylor presented an affidavit signed by his attorney and notarized stating that the lot had never been held in common ownership. The hearing closed at 8:45pm. The hearing for Peter & MaryAnn DeTrolio, Jr., for a Special Permit under Section V -A -2 -b and Section VI -B -2 -b of the Zoning By -Law for the installa- tion of a propane gas dispensing station at 428 Elm Street, said installation being an expansin of an existing non - conforming use, was continued from September 3, 1985. The Fire Chief was present at the hearing and Mr. Matoian's lawyer was satisfied that the permits were issued under the applicable codes. The hearing closed at 9:10pm The hearing for Winslow B. Schurman, Jr., for a Variance from Section IV Schedule B of the Zoning By -Law for a lot on Mill Street known on Assessors Map 37 as lot 58, said lot having less than 120' frontage, which is non- conforming in an Agricultural Zone, was continued from September 3, 1985. Correspondence was received from the Planning Board stating that it does not matter which Board chooses to approach first because both Boards operate under different statutes. The hearing closed at 9:29pm. Motion made by Mr. Riccio and seconded by Mr. Flynn to grant the Variance for Sun Refining & Marketing with the conditions that there is no entrance or egress rom Henry Street and no illuminated signs on the Henry Street side -. The variance applies to the revised plan as submitted dated August 16, 1985 labeled SRM 380P Revision 3. All were in favor. - 2 - Motion made by Mr. Eagan and seconded by Mr. Collins to grant the Variance for John Taylor for Thornton Road as per plans submitted. All were in favor. Motion made by Mr. Eagan and seconded by Mrs. Holm to grant the Special Permit for Peter DeTrolio. The feeling of the Board was that Mr. DeTrolio acted in good faith and produced all of the approvals that he thought were required and was granted a permit to build. It was not considered a building by the Building Inspector nor the Fire Chief, therefore did not require a Variance or a Building Permit and it was only after the fact that it became a subject of discussion. The Board felt that this use is less detremental than the previous gas station use. All were in favor. Motion made by Mr. Eagan and seconded by Mrs. Holm to grant the Variance for Winslow B. Schurman as per plans submitted. Motion made by Mr. Flynn to table the vote because he feels it is pertinent whether the abutting properties were in common ownership before zoning. No second. Mr. Wojtkiewicz, Mrs. Holm, Mr. Eagan and Mr. Collins in favor of the motion to grant. Mr. Flynn opposed. Variance granted. Minutes of September 3, 1985 were read and approved with the note that Mr. Seskevich was granted a Special Permit not a variance. Bills were signed and Decisions were signed for Seskevich, Todesco and White. Meeting adjourned at 10:00pm Respectfully submitted Eric E. Butler Clerk