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HomeMy WebLinkAboutminofzba04212009 TOWN OF MANSFIELD ZONING BOARD OF APPEALS MINUTES APRIL 21. 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; Dave Rapoza; and Philip Shannon, Associate Member. Mr. Shannon was appointed voting member in place of Mr. Mackie for this hearing. The continuance of the application of Jason and Tracy Carifa for a Finding from Sections 4.2.1 and 3.10.4 of the Zoning By-Law for the construction of a second story addition to a pre-existing, non-conforming single family home, with less than the required front yard setbacks at 120 Samoset Avenue in the R-2 Zone was opened at 7:30 p.m. Mr. and Mrs.Carifa explained that after the last meeting they talked with a Contractor, even though they have not hired a Contractor yet, and explained that they needed elevation plans showing the proposed addition in order to move forward with the Finding process. They further stated that there are no dimensions on the plan but the height of the structure will not exceed 26 feet. The hearing closed at 7:40 P.M. A motion was made by Ms. Garber-Miller and seconded by Mr. Rapoza that this proposed addition constitutes an extension of a pre-existing, non-conforming structure; and a motion was made by Ms. Garber-Miller and seconded by Mr. Rapoza that the proposed addition is not more detrimental to the neighborhood than the existing non- conformity. An amendment to the motion was made by Mr. Rapoza and seconded by Mr. DeTrolio that the proposed addition will not exceed 26 feet in height. Unanimously approved 5-0 (Vultaggio, Garber-Miller, DeTrolio, Rapoza, Shannon). Yvonne McNamara, 199 Branch Street asked to talk with the Board after talking with Nick Riccio, the Building Inspector. He had asked her to seek Clarification of a Variance from the Board. Before he issued her a Building Permit for the proposed single-family house, he needed clarification that the house will not be a handicapped accessible ranch or cape. She proposes a two-story colonial style home and not what she had originally told the Board. ~ [J ._- ...-..,;-- , :..... i '_' i..... 1;"") '. Ll? MINUTES OF APRIL 21, 2009 Paee 2 of 2 Mr. Rapoza spoke to the applicant and stated that he finds her to be disingenuous and nothing truthful has been presented. He further stated that he had a hard time listening to this scenario because it was not accurate or truthful, and nothing you have said is real and you misrepresented what they wanted. Mrs. McNamara stated that she always wanted to keep this in the family and she is keeping it for herself. She was willing to live in a smaller house so her parents could build the house for themselves but her father has taken a turn for the worst and cannot move from his current and very comfortable surroundings. The handicapped accessible ranch is not affordable for them to build now for her family. The Building Inspector requested that she come before the Board for clarification of what she can build. She apologized to Dave for her family, and she gave her word that this would stay in the family. Mr. Vultaggio stated that he doesn't see anything wrong with the change as long as the house is built in the exact location in accordance with the signed plans. This will still meet all the dimensional requirements required under the by-laws. Discussion closed at 8:00 P.M. A motion was made by Ms. Garber-Miller and seconded by Mr. Rapoza to adjourn The meeting was adjourned at 9:30 P.M. Respectfully submitted, 7f}W2fL Elisabeth Garber-Miller, Clerk -