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HomeMy WebLinkAboutminofzba10062009 TOWN OF MANSFIELD , ! ZONING BOARD OF APPEALS :- ('"' C" ~ i !.-/ L MINUTES ,--\ 1,"") '-oJ OCTOBER 6. 2009 The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:30 P.M. Present at the hearing were the following members: Jack Vultaggio, Chairman; Elisabeth Garber-Miller, Clerk; Peter DeTrolio; Kevin Mackie; and Jeff Garr; and Philip Shannon, Associate Members. The application of Mark and Lisa Hoffman for a Variance from Section 4.2.1 of the Zoning By-Law for the allowance of an existing deck and pool with less than the required rear yard setbacks at 99 Pleasant Street in the R-3 began at 7:30 p.m. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Certified Plot Plan of Land in Mansfield, MA dated June 9, 2009 and prepared by RIM Engineering Co., Inc., 150 North Main Street, Mansfield, MA, was labeled as Exhibit "C". There was no letter from the Planning Board. Mrs. Hoffman explained that she purchased her house in 1996 from Mr. McClanahan, who had previously subdivided the land so he could build the house he lives in today. She presented some pictures which show that the pool and deck existed when they bought the house. The property included a pool that was about 3 feet off the back lot line. It also included a deck which extended all the way to the house but did not connect. The pool was replaced and the deck rebuilt over the years because it was in need of repair. The pool and the house were legal but when they decided to attach the house to the deck they created an illegal structure. She explained that she did not realize that they had been in any violations associated with the lot lines until the McClanahans brought it to the Town's attention. Mr. McClanahan of 104 Cottage Street explained that he subdivided the lot and there was a pool there, but now it is 3 feet from his property line, where before it was closer to 5 feet from the line. He further stated that in 2003 they put an addition onto their house. The hearing was closed at 7:45 P.M. The application of Geoffrey and Beth Collins for a Finding from Section 4.2.1 of the Zoning By-Law for the construction of a proposed front porch with less than the required front and side yard setbacks at 51 South Main Street in the R-3 Zone began at 7:45 p.m. MINUTES OF OCTOBER 6.2009 Page 2 of3 The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; a Surveyor's Certificate dated May 7, 2009 and prepared by Charette Land Surveying, 315 Ware Street, Mansfield, MA, was labeled as Exhibit "C"; and a Surveyor's Certificate dated 3/30/09, and revised on 711/09; and revised on 10/27/09 and prepared by Charette Land Surveying, 315 Ware Street, Mansfield, MA, was labeled as Exhibit "0";. There was no letter from the Planning Board. Mr. Collins explained that they decided to do some remodeling and would like to make a larger front porch because now there is just a little stoop. They would like to expand the width of the porch. He further explained that all of the houses on the street have a variety of different setbacks. The Board discussed whether the plan is correct and if it shows the distance from the foundation or the distance from the overhang on the roof. The Board felt that the applicant might want to obtain another plan or find out from the surveyor where he measured from because whatever plans they sign will have to be exactly what he has to build. Mr. Collins requested a continuance in writing until November 1 ih. A Motion to continue this hearing for Mr. Collins until November 17,2009 was made by Mr. Mackie and seconded by Ms. Garber-Miller. Unanimously approved. Attorney Edward Valanzola introduced himself and explained that he was before the Board for a Variance which was granted for Benchmark Investments, 253 Branch Street and the applicant would like to request a six-month extension. Mr. Valanzola explained that due to the economy, the development of the additional 56 units on the thirty acre parcel at 253 Branch Street has been delayed. All conditions in the Variance Decision shall remain in full force and effect, including but not limited to the affordable housing cash buyout terms as summarized in the first full paragraph on page 7 of the Variance Decision. The issuance of an extension will not cause nay prejudice or harm to the Town but if it is not granted, the applicant will be required to proceed with a new hearing for a Variance and due to the current economy, the financial terms may not be a favorable to the Town. He also stated that the applicant is donating $70,000.00 for a new ambulance to the Town. The Board unanimously voted to grant Benchmark a six-month extension. (5-0) Vultaggio, Garber-Miller, DeTrolio, Mackie, Shannon). MINUTES OF OCTOBER 6.2009 Paee 3 of3 A motion was made by Mr. Mackie and seconded by Mr. DeTrolio to grant a variance for the property at 99 Pleasant Street, Hoffman, for the rear yard setback. He will not penalize anyone for a mistake of 3 ~ feet instead of 5 feet and has been there for several years. All in favor (Vultaggio, Garber-Miller, Mackie, DeTrolio, Shannon) The Board discussed just meeting once a month for the following few months because of the reduction in hours for the Secretary and due to the light case load. The Board will meet on November 1 ih and December 15th. On the application of Sign Design, Harbor One, the Secretary was to call the Bank and tell them the next meeting is November 17,2009. A motion was made by Mr. Mackie and seconded by Ms. Garber-Miller to adjourn the meeting at 8:00 p.m. Unanimously approved. Meeting Adjourned. Respectfully submitted, ~~ Elisabeth Garber-Miller, Clerk -