HomeMy WebLinkAboutZBA 04/18/2023Zoning Board of Appeals Minutes RECEIVED
TOWN CLERKS OFFICE
April 18, 2023
1Q23 Dq
Meeting Held in Person in Meeting Room 3.41E and I4AY 24 q 10:
Virtually Using GoToWebinarPlatform ittF;SFIEI
D TS
Present: Darlene Pruitt, Acting Chair; Eric Correira Acting Clerk; Matthew List, Matthew
Cummings, Edward Valanzola, Associate, Michael Reed, Associate
Sarah Raposa, Planning & Development Director and Nadine DePillo, Administrative Secretary
Absent: Ryan Maxwell
Darlene Pruitt, Acting Chair read public notice into record. Zoning Board members reviewed
and voted for reorganization of the board, Darlene Pruitt was nominated for Chair and Matthew
Cummings was nominated for Clerk.
Motion: To approve Darlene Pruitt as Chair for the Zoning Board of Appeals (Cummings/List)
Four (4) In favor, Zero (0) opposed, Zero (0) abstained PASSES
Motion: To approve Matthew Cummings as Clerk for the Zoning Board of Appeals
(Correira/List)
Four (4) In favor, Zero (0) opposed, Zero (0) abstained PASSES
Ms. Pruitt, Chair appointed Mr. Reed as voting member for the public hearing.
Application of Eric and Kimberly Sherman fora Finding from Zoning Bylaws Section 230-
4.1(F) for a proposed front yard setback of 27.1 feet where 30 feet is required at 285 Plain Street;
(Assessor's Map/Parcel 004/088) in the Residential I (RI) zone.
Applicant Craig Cygawnoski from RIM Engineering and applicants Eric and Kimberly Sherman
of 285 Plain Street were present for the meeting. Mr. Cygawnoski presented lot plans to the
board members for further explanation of what the applicants are seeking. Mr. Cygawnoski
stated that the house was built in the 1950s. Mr. Cygawnoski further explained that the property
is currently located in the Agricultural zone and according to the Zoning Bylaws the applicants
are allowed to use the Agricultural zone setback of 30-foot frontage instead of the current zoning
Bylaws in a Residential R1 zone which is a 40-foot frontage setback.
Mr. Cygawnoski stated that the proposed plot plan indicates the corner of the house is 8 feet by 9
feet, which currently does not exist. Mr, Cygawnoski also stated that the closes point to the
street will be 27.1 feet rather than the 29.0 feet that currently exists in the Zoning Bylaws.
The applicants Eric and Kimberly Sherman are seeking a finding to create a uniform squared
shape for the home on the eastern side. Mr. Cygawnoski stated the wall on the eastern side of
the property near Greenwood Lake needs major reconstruction creating a bump out of 3 feet
which creates the addition of 150 square feet. Mr. Cygawnoski further noted due to the wetlands
on the eastern side of the property the applicants received an approval of the design from Katelyn
M. Gonyer, Conservation and Environmental Planner for the proposed plan to be constructed.
Mr. Cygawnoski further stated that the hardship is the house was built on a under sized lot of
10,000 square feet and required 30,000 square feet, currently there is no place on the lot but the
eastern side of the property that could be used to create and conform. The applicants Eric and
Kimberly Sherman would like to add an extension onto the house which will not get closer to the
road. The house is currently set parallel to the street.
Mr. Sherman stated that the leaching field for the septic tank is located on the left side and
further to the back of the property. Mrs. Sherman stated that Paula Fiori abuts 14 feet from the
property. Mrs. Sherman further stated according to Mr. Cygawnoski the wall on the eastern side
of the property near Greenwood Lake needs major reconstruction. Mrs. Sherman also explain
that the pre-existing roof pitch is not designed to support a wall or door due to water damage.
Board Comments:
There were no board comments.
Public Comment:
There were no public comments.
Discussion:
Mr. List stated whether the proposed front yard setback is 30 feet or 40 feet from the property is
still considered nonconforming according to the Zoning Bylaws.
Ms. Pruitt stated that the pre-existing structure needs repairs.
Motion: To approve the application for a Finding from Zoning By -Law Schedule Section 230-
4.1(F) that the proposed addition with a side yard setback of 18.1 feet and a front yard setback of
27.1 feet is not substantially more detrimental to the neighborhood than the existing
nonconforming residential structure and that such alteration as presented does not create a new
noncompliance with any other requirement of the Town of Mansfield Zoning Bylaw at 285 Plain
Street per the plans submitted. (Cummings/List)
Five (5) In favor, Zero (0) opposed, Zero (0) abstained PASSES
ZBA Meeting Minutes — April 18, 2023 Page 2 of 6
Ms. Pruitt, appointed Mr. Valanzola as voting member for the public hearing.
Application of Paul J. Wood from Boston Hammer, Inc., for a Variance from Zoning Bylaw
Section 230 4.2A, for a proposed extended front yard porch setback of 9 feet where 30 feet is
required at 88 School Street, (Assessor's Map/Parcel 026/041) in the Residential 2 (R2) zone.
Applicant Paul J. Wood from Boston Hammer, Inc., and applicants Steven and Allison
Thibodeau of 88 School Street were present for the meeting. Mr. Wood stated that the house is
approximately 120 years old. Mr. Wood is proposing a 35-foot farmers porch on the side of the
house which will encroach upon the front yard setback of 9 feet and 21 feet from the street line.
The front yard setback is 30 feet from the property line and 6 feet from the street. Mr. Wood
also stated that the existing footprints for the door will remain the same.
Mr. List asked Mr. Wood if the landing, steps, and awning will stay within the same footprints.
Mr. List also had concerns about the existing post located on each side of the building do not
attach to the awning.
Mr. Wood responded to Mr. List that the existing footprints will remain the same. Mr. Wood also
stated that the proposed farmers porch will extend out wider using the same awning and post on
each side in the ground. Mr. Wood responded to Mr. List that the steps measure 4 feet from
front door the house and a few steps down.
Mr. Valanzola expressed concern whether or not there are any other plans that depict the location
of the current porch.
Mr, Wood responded to Mr. Valanzola that currently there is no porch on the side of the house
and according to the surveyor proposed plans there is only a front porch.
Ms. Raposa, Planning & Development Director stated that the existing front yard setback is 6
feet with a proposed front side yard porch of 9 feet where 30 feet is required and encroaching.'
Ms. Pruitt asked if the measurement for the proposed porch side yard setback is 33.6 feet?
Mr. Wood responded to Ms. Pruitt stating the proposed porch will be 6 feet from the existing
house and not any further. Mr. Wood also stated that the proposed porch side yard setback
would be 33.6 feet from the sideline where 15 feet is required,
Mr. List asked Mr. Wood if the new landing will be 6 feet deeper than the current landing? Will
the front of the house be a new landing structure? Mr. List also had concerns whether or not the
current top step measuring 6 feet from the front door with two steps down.
Mr. Wood responded to Mr. List that the house will be 4 feet from the house and a few steps
down.
ZBA Meeting Minutes —April 18, 2023 Page 3 of 6
Mr. Valanzola asked Mr. Wood what was the hardship for the variance submitted to the Zoning
Board of Appeals,
Mr. Wood responded to Mr. Valanzola stating that the house was nonconforming according to
the Zoning Bylaws of a front yard setback of 30 feet. Mr. Wood also stated that the house
cannot be moved any further back because of the gas lines and windows that would have to be
removed and replaced.
Mr. Valanzola stated to Mr. Wood that the proposed side porch will be a new porch.
Ms. Pruitt explained to Mr. Wood when an application is submitted to the Zoning Board of
Appeals the applicant requesting the variance must meet the guidelines required for a hardship
for the Zoning Board members to decide on any application.
Mr. Valanzola expressed concerns regarding what was the hardship for the proposed porch
located on the side of the home from the application submitted for a variance. Mr. Valanzola
stated repeatedly that the applicant is requesting a variance and would like to know what the
hardship is in relation to the application submitted to the Zoning Board of Appeals.
Mr. List stated that the application of 88 School Street was submitted as a variance but a finding
should be considered, it is nonconforming because the house is located very close to the street.
Ms. Raposa, Planning & Development Director stated that Zoning Board members could decide
that an extension of a preexisting nonconforming qualifies for a finding not a variance.
Mr. Cummings stated that if the Zoning Board members vote for a finding there would not be a
hardship requirement.
Board Comment
No further Board Comments.
Public Comment
There were no public comments.
Discussion
Further discussions ensued to, determine whether the application for 88 School Street is
considered a Variance/Finding: -
Ms. Pruitt stated that the Board should vote on this application as a finding because it meets the
requirements for a finding.
Mr. List stated that there are a lot of house close to the street. School Street and Spring Street
houses are very close to the street, it fits within the neighborhood. Mr. List also stated that 88
School Street meets the Zoning Bylaws for a finding rather than a variance.
ZBA Meeting Minutes - April 18, 2023 Page 4 of 6
Mr. List also stated that application presented is not a new noncompliance of front yard steps.
Mr. List indicated according to the proposed exhibit states it is not substantially more detrimental
to the neighborhood than the current conditions.
Motion: To approve a Finding from Zoning Bylaw Section 230 4.2A that the proposed
construction of two new porches that encroach the required front setback of 30 feet, at 6 feet and
2 1, 1 feet is not substantially more detrimental to the neighborhood than the existing
nonconforming residential structure and that such alteration as presented does not create a new
noncompliance with any other requirement of the Town of Mansfield Zoning Bylaw at 88 School
Street. (Cummings/List)
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
Ms. Pruitt, Chair appointed Mr. Reed as voting member for the withdrawal request.
Application of Paul Jodice, from Jodice and Sons, Inc., for a Variance from Zoning Bylaw
Section 230 4.2A, for a proposed front, rear and side yard setback of 28.1 feet where 30 feet is
required at 15 Spring Street, (Assessor's Map/Parcel 027/019) in the Residential 3 (R3) zone.
Board Comment
There were no comments.
Public Comment
There were no public comments.
Discussion
Applicant requested a withdrawal without prejudice.
Motion: to approve the request to grant a withdrawal without prejudice on the variance request
from 15 Spring Street. (Cummings/List)
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
Minutes — December 20, 2022
Motion: to approve the minutes of December 20, 2022 (Cummings/List)
Five (5) In favor, Zero (0) opposed, Zero (0) abstained PASSES
ZBA Meeting Minutes —April 18, 2023 Page 5 of 6
Minutes —November 8, 2022 and February 21, 2023
Motion: To continue review and vote for the November 8, 2022 and February 21, 2023 minutes
to the next scheduled meeting. (Cummings/List)
Five (5) In favor, Zero (0) opposed, Zero (0) abstained PASSES
Next Zoning Board of Appeals Meetings: May 16, 2023 at 7:30 p.m.
Motion: To adjourn at 8:00 p.m. (Cummings/List)
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
Signature of Clerk Date of Approval
ZBA Meeting Minutes — April 18, 2023 Page 6 of 6