HomeMy WebLinkAboutZBA 01/19/2021Zoning Board of Appeals Minutes
January 19, 2021
MEETING HELD VIRTUALLY USING GOTOWEBINAR PLATFORM „
Present: Elisabeth Garber -Miller, Chair; Darlene Pruitt, Clerk; Philip Shannon, uric Correira; c l
Associate Members Ryan Maxwell and Matthew List
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.mansdeldma.com
and then clicking on today's date on the calendar.
Ms. Garber -Miller appointed Mr. List as a voting member for reorganization and minutes, and
Mr. Maxwell as a voting member for the public hearings.
Garber- Miller- In favor
Six (6) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
Motion: To reappoint Ms. Pruitt Clerk (Shannon-Correira)
Shannon — In favor
Pruitt — In favor
Correira - In favor
Maxwell — In favor
List — In favor
Garber- Miller- In favor
Six (6) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
The chair read the public hearing notice on the application of Paul Jodice/Jody Dube for a
Finding/Variance from Zoning By -Law Sections 230-7.2B(4), Findings, for the change,
extension, alteration or reconstruction of a pre-existing, non -conforming structure with a 9.4-foot
sideyard setback where 15 feet is required at 11 Summer Street (Assessor's Map 23 Parcel 154)
in the Residential 3 (R3) zone.
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The following documents were introduced at the public hearing:
• Copy of public hearing notice, which ran in the [Mansfield] Journal -News Independent on
January 1, 2021 and January 8, 2021;
• Application for Variance, filed with the Town Clerk's Office on December 18, 2020;
• "Proposed House Addition at No. 11 Summer Street Mansfield, MA' dated December 15,
2020, prepared by RIM Engineering Co., Inc.
Designer Paul Jodice explained the proposed small bathroom addition would square off the back
of the pre-existing, non -conforming house, which has a 9.4-foot sideyard setback, and would not
encroach into the sideyard setback more than the existing structure.
Board Comment
Mr. Shannon said he does not have a problem with the proposed addition.
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.
There was no public comment.
Ms. Garber -Miller closed the public hearing.
Motion: That the request for a Finding at 11 Summer Street is an increase in the pre-existing,
non -conforming condition. (Pruitt -Shannon)
Shannon — In favor
Pruitt — In favor
Correira - In favor
Maxwell — In favor
Garber- Miller- In favor
Five (5) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
Motion: That the increase in the pre-existing, non -conforming condition, in accordance with the
"Proposed House Addition at No. 11 Summer Street Mansfield, MA" dated December 15, 2020,
Zoning Board of Appeals 2 1/19/2021
prepared by RIM Engineering Co., Inc. is no more detrimental to the neighborhood than the current
condition. (Pruitt -Shannon)
Shannon — In favor
Pruitt — hi favor
Correira - In favor
Maxwell — In favor
Garber- Miller- In favor
Five (5) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
The chair read the public hearing notice on me appiicaion or nrm k,arrcu auu dawV liULII..U.
Finding/Variance from Zoning By -Law Sections 230-7.2B(4), Findings, for the change,
extension, alteration or reconstruction of a pre-existing, non -conforming structure with a 12.1-
foot sideyard setback where 15 feet is required at 131 Union Street (Assessor's Map 26 Parcel
69) 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
January 1, 2021 and January 8, 2021;
• Application for Variance, filed with the Town Clerk's Office on December 18, 2020;
• "Proposed House Addition at No. 131 Union Street Mansfield, MA" dated December 17, 2020,
prepared by RIM Engineering Co., Inc.
Homeowner Jake Bolin and Craig Cygawnoski, RIM Engineering, were present. Mr. Cygawnoski
explained the pre-existing, non -conforming house has a 10.1-foot sideyard setback and the
proposed addition would be 12.1 feet off the property line. The existing room and deck off the
back of the house will be removed for the 25'x25' addition. Mr. Cygawnoski said the proposed
addition would not be any more detrimental to the neighborhood than the existing conditions.
Board Comment
Mr. Shannon asked if the addition is one or two stories; Mr. Bolin said it would be two stories.
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
immure 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.
Zoning Board of Appeals 3 1/19/2021
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.
Ms. Garber -Miller closed the public hearing.
Motion: That the request for a Finding at 131
non -conforming condition. (Pruitt -Shannon)
Shannon — In favor
Pruitt — In favor
Correira - In favor
Maxwell — In favor
Garber- Miller- In favor
Union Street is an increase in the pre-existing,
Five (5) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
Motion: That the increase in the pre-existing, non -conforming condition, in accordance with the
"Proposed House Addition at No. 131 Union Street Mansfield, MA" dated December 17, 2020,
prepared by RIM Engineering Co., Inc. is no more detrimental to the neighborhood than the current
condition. (Pruitt -Shannon)
Shannon — In favor
Pruitt — In favor
Correira - In favor
Maxwell — In favor
Garber- Miller- In favor
Five (5) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
January 13, 2021 letter from Bill Clemmey, Foundry, LLC re: Request for Extension of
Variances for 4, 6, 8 West Church Street; 15 High Street; 206-214 North Main Street (expires
February 3,2021)
Motion: To grant a six (6)-month extension of the Variances for 4, 6, 8 West Church
Street/15 High Street/206-214 North Main Street (Shannon -Pruitt)
Shannon — In favor
Pruitt — In favor
Correira - In favor
Maxwell — In favor
Garber- Miller- In favor
Five (5) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
2. September 15, 2020 minutes
Motion: To approve the September 15, 2020 minutes as submitted (Pruitt -Shannon)
Shannon —In favor
Pruitt- In favor
Maxwell — In favor
Correira —In favor
List — In favor
Garber- Miller- In favor
Zoning Board of Appeals 4 1/19/2021
Six (6) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
3. December 8, 2020 minutes
Motion: To approve the December 8, 2020 minutes as submitted (Pruitt -Shannon)
Shannon —In favor
Pruitt -In favor
Correira —In favor
Maxwell — In favor
List — In favor
Garber- Miller- In favor
Six (6) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
Motion: To adjourn at 8:00 p.m. (Shannon -Pruitt)
Shannon —In favor
Pruitt- In favor
Maxwell — In favor.
Correira —In favor
List — In favor
Garber -Miller- In favor
Six (6) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
Next Zoning Board of Appeals Meeting: March 23, 2021 at 7:30 p.m.
"( L7 1
Signature of Clerk l_ ` D of
Date Approval
Zoning Board of Appeals 5 1/19/2021