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HomeMy WebLinkAboutZBA 12/08/2020Zoning Board of Appeals Minutes December 8, 2020 (� MEETING HELD VIRTUALLY USING GOTOWEBINAR PLATFORM ?� x 70 Present: Elisabeth Garber -Miller, Chair; Darlene Pruitt, Clerk; Philip Shannon, Eric Co}rgifa; Matthew Cummings Guests: Karen Mark, 20 Newton Street; Scott Rapoza, homeowner's contractor; Stephen Pazniokas, 28 Newton Street; Bradford Ross; Peter Wiggins The chair read the following notice: Whereas both the Federal Centers for Disease Control and Prevention and the Massachusetts Department of Public Health have advised residents to take extra measures to put distance between themselves and other people to further reduce the risk of being exposed to COVID-19, Governor Baker has issued an order suspending certain provisions of the Open Meeting Law, Massachusetts General Law c. 30A, §20. In order to satisfy the Open Meeting Law requirements, today's Town of Mansfield Planning Board meeting will available for to public via GoToWebinar and Mansfield Cable. The instructions for joining via GoToWebinar are in the Meeting Notice on the Town's Website at www.mansfeldma.com and then clicking on today's date on the calendar. The chair read the public hearing notice on the application of Karen Mark for a FindingNariance from Zoning By -Law Section 230-4.2.A, Front Yard Setback, for the construction of a duplex with a 15.7-foot front yard setback where 30 feet is required at 20 Newton Street (Assessor's Map 22 Parcel 38) in the Residential 3 (R3) zone. The following documents were introduced at the public hearing: • Copy of public hearing notice, which ran in the [Mansfield] Journal -News Independent on November 20, 2020 and November 27, 2020; • Application for Variance, filed with the Town Clerk's Office on November 10, 2020; • "Proposed House Addition at No. 20 Newton Street Mansfield, MA" dated November 9, 2020 and prepared by RIM Engineering Co., Inc.; • November 18, 2020 letter from Meredith Kerr Priest, 53 Chilson Avenue Homeowner Karen Mark and builder Scott Rapoza were present. Ms. Mark explained she intended to rehab the home and now would like to build a duplex for her mother. She said she had the lot cleared and installed fencing and a skating rink. She has spoken with contractors, who found the interior structural support to be compromised. Mr. Rapoza explained the design and said they would like to build where the existing house is located. They would like to keep the existing detached garage and the skating rink, and to center the second garage. Zoning Board of Appeals 1 12/8/2020 Mr. Raposa said Ms. Mark has reached out to all of the neighbors, who are in favor. Mr. Raposa said the proposal would meet the height requirement. Board Comment Mr. Shannon asked why they couldn't put the duplex where the ice skating rink is located; Ms. Mark said there may be grading issues with the land. Ms. Garber -Miller said she thinks there may be enough room to move it over a few feet and push it back to make it compliant. Mr. Rapoza responded that they would like to keep the detached garage. Mr. Rapoza said the road is 3.5 feet higher than the driveway and that a new foundation would be built. He said they can use the left-hand corner of the existing foundation and maintain 10-12 feet off of that. The board discussed whether this application should be a variance or a finding. Ms. Garber -Miller said the lot is bigger than all of the other lots in the area. Ms. Mark said there are other, similar lots on Clinton Street, Pleasant Street and Cottage Street. Mr. Correira agreed. Ms. Garber -Miller agreed the lot has sufficient area for a duplex. Public Comment The chair read the following statement: It is important to us that you have a platform for your questions and comments during this meeting, therefore to ask questions or make a public comment during tonight's virtual meeting you must have registered and joined the meeting via GoToWebinar where you now have the ability to submit your question or comments through the questions option in your control panel, or you can use the raise your hand option to be allowed to speak. For those who have joined the meeting via telephone who would like to ask a question or make a comment, you are now welcome to unmute your phone. We ask that you only have your phone unmuted while you are asking your question. Please mute when you are no longer live. You can unmute your phone by pushing *6. Please then state your name and address, and when acknowledge by the Chairperson you can then state your question or comment. When you are done with your comment please mute your phone again by pushing *6. As with any public hearing we ask you to be respectful of the Board members and the other residents who are making their comments by patiently and quietly waiting your turn. Thank you. • November 18, 2020 letter from Meredith Kerr Priest, 53 Clulson Avenue There was no additional public comment. Ms. Garber -Miller closed the public hearing. Motion: To approve the application of Karen Mark for a Variance from Zoning By -Law Section 230-4.2.A, Front Yard Setback, for the construction of a duplex with a 15.7-foot front yard Zoning Board of Appeals 2 12/8/2020 setback where 30 feet is required at 20 Newton Street (Assessor's Map 22, Parcel 38) in the Residential 3 (R3) zone. (Cummings/Pruitt) Shannon - Opposed Cummings — Opposed Correira - Opposed Pruitt — Opposed Garber- Miller- Opposed Zero (0) in favor. Five (5) opposed. 0 abstentions. FAILED Motion: To adjourn at 8:30 p.m. (Cummings/Pruitt) Shannon —In favor Cummings —In favor Pruitt- In favor Correira —In favor Garber- Miller- In favor Five (5) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES Next Zoning Board of Appeals Meeting: January 19, 2021 at 7:30 p.m. r Signature of Clerk Da of Approv Zoning Board of Appeals 3 12/8/2020