HomeMy WebLinkAboutZBA Minutes 8/20/1985ZONING BOARD OF APPEALS
MINUTES
AUGUST 20, 1985
The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA.
Present were the following members: George H. Wojtkiewicz, Chairman; Eric E.
Butler, Clerk; Leonard F. Flynn, appointed a voting member in place of Conley G.
Eagan; John H. Riccio, appointed a voting member in place of Harold R. Collins.
The hearing for Richard Seskevich for a Special Permit under Section IV Schedule
B of the Zoning By -Law to construct an addition at 165 South Main Street, said
addition being an expansion of a pre- existing nonconforming lot in a Residence B
Zone began at 8:10pm. The application was labeled as Exhibit A, the newspaper
advertisement as Exhibit B, Plan of Land prepared by Hayward- Boynton E Williams,
Inc., Taunton, MA dated Aygust 29, 1983 and revised August 14, 1985 as Exhibit "C ".
Since there were only four members of the Board present Mr. Seskevich chose to
continue his hearing to September 3, 1985 at 9:15pm.
The hearing for Ronald Nelson for a Special Permit under Section IV Schedule B
of the Zoning By -Law to construct an addition to an existing single family
dwelling at 15 Branch Street, said addition being an expansion of a pre- existing
nonconforming structure on a non - conforming lot in a Residence B Zone began at
8 :20pm. The application was labeled as Exhibit A, the newspaper advertisement
as Exhibit "B ", Plan of Land prepared by Nicholas Beinars, R.L.S., Mansfield
dated April 16, 1985 as Exhibit "C ". Since there were only four member of the Board
present Mr. Nelson chose to continue his hearing to September 3, 1985 at 9:30pm.
The hearing for Robert & Janice Leppke for a Variance from Section IV Schedule B
of the Zoning By -Law for the construction of an addition to an existing single
family dwelling at 62 Tanya Drive, said addition having less than a 25' sideyard
which is non - conforming in an Agricultural Zone began at 8:30pm. The application
was labeled as Exhibit "A ", the newspaper advertisement as Exhibit "B ", Plan of
Land prepardd by Gregory F. Sankey, R.P.E. dated June 21, 1985 as Exhibit "C ",
letter to the Board dated June 28, 1985 signed by abutters stating their approval
of the addition.as Exhibit "D ". The Planning Board was recorded as being opposed
to granting the variance. The hearing closed at 8:40pm.
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 - confor.ming
in an Agricultural Zonebegan at 8:40pm. The application was labeldd as Exhibit "A ",
the newspaper ad as Exhibit "B ", Plan of Land prepared by RIM Engineering Co., Inc.
dated July 5, 1985 as Exhibit "C ". The Planning Board was recorded as being
opposed to granting the variance. Mr. & Mrs. Mueller chose to continue the hearing
to September 3, 1985 at 9:45pm.
The hearing for Sun Refining & Marketing, 498 Concord Street, Framingham, for a
Variance from Section IV Schedule B of the Zoning By -Law for a lot on Copeland
Drive known on Assessors Map 21 as lot 96, owned by James & Jean Dunleavey, 304
l Elm Street, Mansfield, with a proposed structure having less than 25 foot front
yards, which are non - conforming ina General Business Zone began at 8:55pm. The
application was labeled as Exhibit "A ",the newspaper advertisement as Exhibit "B ",
Plan of Land prepared by Terry H. Rosfelder, RPE dated August 16, 1984 and updated
May 21, 1985 as Exhibit "C ". The Planning Board was recorded as being opposed to
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the variance due to lack of information. The hearing was continued to September 3,
1985 at 10:00pm to allow the applicant time to work on the plans to address the
concerns of the abutters regarding a fence along Henry Street.
The hearing for Howard H. & Elsie M. Amidon for a Variance from Section IV Schedule B
of the Zoning By law to sub - divide a lot at 140 South Main Street to create two
substandard lots Lot A Having an area of 5,500 square feet, lot B having an area
of 7,700 square feet. The existing house situated on lot B having less than the
required front yard set backs and the proposed house on lot A having a front yard
of less than 30 feet and a rear yard of less than 40', all of which are non - conforming
in Residence A & B Zones began at 9:30pm. The application was labeled as Exhibit "A ",
the newspaper advertisement as Exhibit "B ", Plan of Land prepared by RIM Epgineering
Co., Inc. dated June 24, 1985 as Exhibit "C ". The Planning Board was recorded as
being opposed to the variance. Letter received from Royal B. Patriquin, an abutter,
stating he had no objection to the variance. There was opposition noted from other
abutters. The hearing closed at 9:50pm.
The hearing for Peter G. & Jodelle G. Balestra for a Special Permit under Section
IV Schedule B of the Zoning By -Law to construct an addition to an existing single
family dwelling at 3 Swett Street, said structure having existing frontage less
than 30 feet, which is non - conforming in a Residence C Zone began at 9:55pm. The
application was labeled as Exhibit "A ", the newspaper advertisement as Exhibit "B ",
P ian of Land prepared by David E. Grant, RLS, dated July 10, 1985 as Exhibit "C ".
The Planning Board was recorded as being in favor of the variance. The hearing
closed at i0:00pm.
The hearing for Raymond & Alix Giannini for a Variance from Section IV Schedule B
of the Zoning By -Law for a lot at 1 Granada Circle, owned by Kenneth & Diane Habich,
39249 Plumbrook Dr., Farmington Hills, MI, said lot having an existing structure
with a sideyard less than 15 feet which is non - conforming in a Residence A Zone
began at 10:02pm. The application was labeled as Exhibit "A ", the newspaper
advertisement as Exhibit "B ", Plan of Land prepared by W.T. Whalen Engineering
Co, No. Attleboro dated June 20, 1985 as Exhibit "C ". The Planning Board was
recorded as being in favor of the variance. The hearing closed at 10:15pm.
Motion made by Mr. Riccio and seconded by Mr. Butler to grant the variance for
Robert & Janice Leppke for a two car garage with a 16 foot side yard as per plans
submitted. All were in favor.
Motion made by Mr. Butler and seconded by Mr. Wojtkiewicz to deny the variance
for Howard � Elsie Amidon. Mr. Butler, Mr. Wojtkiewicz, Mr. Flynn in favor;
Mr. Riccio opposed.
Motion made by Mr. Butler seconded by Mr. Flynn to grant the variance for Peter &
Jodelle Balestra for a 10' by 12' addition as per plans submitted. All were in
favor.
Motion made by Mr. Butler and seconded by Mr. Flynn to grant the variance for
Raymond & Alix Giannini for a 14 foot side yard as per plans' Submitted. All were
in favor.
Minutes of July 16, 1985 were read and approved, with a note under Jetta Whittington's
hearing that Plan of Land was labeled Exhibit "C ".
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Motion made by Mr. Butler and seconded by Mr. Flynn to accept the Application
Guidelines as drafted and that they will be in force immediately. All were in
favor.
Meeting adjourned 11:00pm
Respectfully submitted
Eric E. Butler
Clerk