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HomeMy WebLinkAboutZBA 06/17/2025Town of Mansfield 9 Zoning Board of Appeals RECEIVED IL„7 CIFRKS OFFICE 2025111"f'l� N ,"11118 !/ mc tt7,, 202S i`IANSI• IELO Meeting Helr! 3A/B and VhluallP Using Go ToWebinor Plal(br•nr Present: Darlene Pruitt, Chair; Matthew List, Clerk; Edward Valanzola; Ryan Maxwell; Eric Correira; John McGarry, Associate Member; Joseph O'Malley, Associate Nlember Sarah Raposa, Director of Planning and Development Paula Perry, Administrative Assistant L' The Zoning Board of Appeals Meeting was called to order at 7:00 p.m. Darlene Pruitt Chair, read the introductory recording information notice into the record. Eric Correira attended the meeting remotely. 2.7:00 p.m. 69 Warren Ave (V) Public hearing regarding the application of William and Sinead Rogazzo for a Variance from Section 230-4.2(A) for a front yard setback of 18.8 feet where 30 feet is required, and a side yard setback of 12 feet where 15 feet is required. The Property is owned by William and Sinead Rogazzo and located at 69 Warren Ave; Assessor's Map/Parcel 21/261 in the Residential 3 (R3) Zone. William Rogazzo and Sinead Rogazzo appeared to present their application. Mr. Rogazzo said they are requesting a Variance for the left side yard setback, and a Finding for the extension of the existing nonconforming front right -side yard setback. 'their home needs repairs and updates, and this project will allow them to do those. Mr. List asked if they considered going farther back rather than to the side in order to conform. Mr. Rogazzo explained that they need the yard as they are expecting their fourth child. They also would not be able to fit a mudroom onto the garage, it would have to be configured as presented. Mr. Maxwell asked to see floor plans, and Mr. Rogazzo provided floor plans to the Board. Mr. List took a photo of the floor plan and sent it to Mr. Correira. Mr. Valanzola asked about the Variance request. The required setback is 15', and they are requesting 12'. Mr. Valanzola pointed out that a 'Zoning legend should be on the plan, and it is not. Mr. Valanzola said it would be helpful in the future to request a Zoning legend on all plans, listing dimensions and setbacks. Mr. Valanzola asked about the hardship. Mr. Rogazzo said that they need additional space for their growing family, their lot is undersized and they are already nonconforming on the right, and that they did previously have a detached garage that they needed to remove as it was unsafe. ZBA Meeting Minutes 6/17/25 Page 1 of 7 The home was built in 1908, and it was agreed that the home was in an awkward place on the lot. Mr. Rogazzo said that the lot is small and narrow, and those would qualify as hardships. Mr. Correira asked why the applicant could not go back instead of to the side. Mr. Rogazzo said they need the yard space for their children. Abutter Mary Beth Sullivan McIntire of 259 Central Street came to the podium. She asked the Board to approve the application. She stated that all the lots in the neighborhood are oddly shaped. She doesn't believe that the project would impact the neighborhood negatively. A motion was made to close the hearing and go into discussion. Mr. List said that the narrowness of the lot provides a hardship, and Mr. Maxwell and Ms. Pruitt agreed. Valanzola said he is unsure that there is hardship here. It is not an oddly shaped lot, but the home is oddly placed. I lowever, it is only a 3' request. Mr. Valanzola is concerned about setting a precedent, but is not strongly opposed, and Mr. Correira agreed. Mr. Correira also asked if the garage needs to be oversized, but he is not opposed to it. Mr. O'Malley said that although he does not have a vote, he would be in favor. Motion: Based on the variance criteria as discussed, I move that ZBA approves the application for a 3' variance for a side yard setback of 12' where 15' is required for the rear addition, AND that the ZBA finds that the proposed alteration of the preexisting nonconforming front setback 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 for the property located at 69 Warren Avenue. By Matt List Seconded by Ed Valanzola ROLL CALL VOTE Aye Nay Abstain Darlene Pruitt, Chair Yes _ Eric D. Correira Yes Matt List Yes _ Ryan Maxwell Yes Edward Valanzola Yes Jahn iMc(iarry (a} .lu" COM'dk V (A) Vote: (Aye) 5 (Nay) (Abstain) PASSED 3.'7:00 pan. 61 Webster St' Public hearing regarding the application of Ryan and Kaineliya Blakey for a Variance from Section 230-4.2(A) for a side yard setback of 13.8 feel where 15 feet is required. The Property is owned by Ryan and Kameliya Blakey and located at 21 Webster St; Assessor's Map/Parcel 18/112 in the Residential 3 (R3) Zone. ZBA Meeting Minutes 6/17/25 Page 2 of 7 Ryan Blakey presented his application fora Variance for a 15' setback on the rear right side of his lot. The lot is oddly shaped and connected by three streets — one of which is a paper street (Snyder Street). Mr. Blakey would like the Variance in order to construct a side porch. The porch would be 1 I x22 and would exceed the setback by 1' 3". The lot is rectangular with long frontage, and comes to an awkward point, so there is less room to expand. Mr. Valanzola said that this is an oddly shaped lot. Mr. Valanzola asked about the paper street. Mr. List said that he did some research and that Snyder Street may have been abandoned in 1989, but it remains on all maps as a paper street. (it was confirmed by Mr. Grant, the Town Engineer, that the street was not abandoned and still remains as a Private (paper street) Street.) Mr. Valanzola said that the additions are in proportion to the building and the lot. Mr. O'Malley asked if a Variance would even be necessary if the paper street was abandoned. Ms. Raposa said that it would not be considered a Front yard setback because the street is abandoned, so it would be considered a side yard setback where the setback is smaller, but he is still encroaching. Ms. Raposa explained that with a paper street, the lot size doesn't change, the ownerjust owns to the center line of the paper street, Mr. Correira made a motion to close the hearing. Mr. Valanzola seconded it. All 5 members voted yes to close the hearing via roll call vote. Motion: Based on the variance criteria as discussed, i move that the Zoning Board ol'Appeals grant the requested variance for 21 Webster Street, Mansfield, MA, as shown on the plans submitted, for the proposed 1 P x 22' porch addition that intrudes approximately I foot, 3 inches into the 15-foot side yard setback along Snyder Street for the 1 square foot encroachment at the property located at 21 Webster Street. By Matt List Seconded by Ryan Maxwell ROLL CALL VOTE, Aye Nay Darlene Pruit(, Chair _ Yes _Abstain Eric D. Correira Yes Matt List Yes _ Ryan Maxwell Yes _ Edward Valanzola Yes lohii M, t 1:11, r ,.A ) -- - - Vote: (Aye) 5 (Nay) (Abstain) PASSED 5. 7:00 p.m, Public hearing to accept public comments on adopting Rules and Regulations. Proposed amendments include, but are not limited to, policies, procedures, application submittal requirements and regulations, technical specifications for certain application types, and regulatory references. ZBA Meeting Minutes 6/17/25 Page 3 of 7 Mr. Valanzola moved to waive the reading of the hearing notice. Mr. Maxwell seconded the motion. All 5 members voted yes to the waiving in a roll call vote. Ms. Raposa presented the draft of the Rules and Regulations Document for the ZBA. She intends to go over each section tonight for input. The first four pages of the document are the updated application. These include text boxes offering the applicant more options for specific questions regarding hardship, This is an effort to gather more information up front from the applicant. The fourth page is the Zoning Chart which requests dimensional and setback details. The table allows the applicant to narrow down what they are looking for (Variance, Finding, Special Permit). Ms. Raposa explained that fees will increase, but the Select Board will be making those decisions with input fi•om the Board. The Rules and Regulations are both for the applicant, and for the Board. Ms. Raposa covered these as follows: 1. Authority 2. Membership and Duties 3. Standards of Conduct for Board Members 4. Attendance This is important as attendance will impact voting, and sometimes applicants will need to be notified. Remote attendance is only for travel or illness, and is rarely allowed. 5. Conflict of Interest The state is now overseeing this process, and there were some questions about being contacted by them in a tinnely manner. 6. Officers If the chair is unable to come, the Board would elect an acting Chair at the meeting. 7. Duties of Officers 8. Quorum and Voting 3 regular members are required to open a regular meeting or work session. 4 members are required to vote or take action. A simple majority required for a Finding, and a supermajority for a Variance. Ms. Raposa explained that an Abstention vote is essentially a "no" vote. Mr. Valanzola pointed out that someone should have a reason to abstain. 9. Regular Meetings Ms. Pruitt brought tip that it is a good idea to factor in school vacation weeks when scheduling meetings. 10. Special Meetings ZBA Meeting Minutes 6/17/25 Page 4 of 7 11. Applications if an applicant is citing case law, they need to attach that case law. Mr. Valanzola said to reference Westlaw, Mass.gov or Lexis. Mr. Correira said that bar members could also use Decisis. 12. Preliminary Conference 13. Public Hearings 14. Meeting Minutes Meeting minutes are a summary, not a transcript. 15. Executive Session These are rare, but will happen in cases such as Knight Way. Noemi will remain as counsel even though the town has hired new counsel. 16. Executive Session Minutes Remain private until matter is no longer active. 17. Hearing Procedure 18. Public Comments All questions should be asked through the Chair. 19. Abutter Notification Notice of Hearing and Decision sent 1 st class. Cell tower notifications will require 500 feet notification, not the usual 300. Mr. Valanzola suggested that if a property is on a town line, the applicant will need to contact abutters from the neighboring town. Ms. Raposa agreed. 20. Newspaper Notice 21. ZBA Application 22. Site Plan Form and Content Mr. Valanzola suggested that a Zoning Legend should be requested on applicant plot plans. A note will be added that if available, the applicant should provide floor plans and elevations to expedite ZBA review. Mr. Valanzola also said it would also be helpful to have renderings. 23. Continuances 24. Withdrawals ofApplicalion Only allowed if it has not been advertises( 25. Plan Revisions and Supplemental Information Need to be submitted a week prior to the meeting 26. Waivers 27. ZBA Site Visits Recommended windshield survey of property. Be advised not to go onto property or engage with homeowner. Remain objective. 28. Findings of Fact 29. Decision 30. Filing Decision 14 Days to file decision. We will accommodate board members coming in to sign. 31. Appeals 32. Reconsideration ZBA Meeting Minutes 6/17/25 Page 5 of 7 33. Reapplication 34. Statutory Limitation on Grants 35. Monitoring 36. The Mullin Rule Must view meeting recordings and till out form if meeting missed. 37. De Minimis Changes 38. Timing 39. Pees Application fees, legal ads and mailing will be determined at a later date. 40. Consultant Review Pees Specialized consulting for friendly 40Bs 41. Annual Report 42. Comprehensive Annual Financial Report 43, Validity 44. Staff Contacts 45. Administration Ms. Raposa said she will make the edits as discussed and continue the hearing until next hearing. Ms. Raposa asked about attendance at the July 15 meeting. It was determined that there would be a quorum. Motion: Move to continue until the July 15, 2025 meeting. By IZvan Maxwell Seconded by Matthew List ROLL CALL VOTE Aye Nay Abstain Darlene Pruitt, Chair Yes _ Eric D. Correira Yes Matt List Yes Ryan Maxwell Yes Edward Valanzola Yes John A10;a1'rp (.Aj loc ()'AI,1Ik'y (A Vote: (Aye) 5 (Nay) (Abstain) PASSED 5.7:00 .m. Minutes A aril 15, 2025 Motion: To approve the minutes of April 15, 2025 By Darlene Pruitt Seconded by Ed Valanzola ZBA Meeting Minutes 6/17/25 Page 6 of 7 ROLL CALL VOTE Aye _Nay Abstain Darlene Pruitt, Chair_ Yes _ Eric D. Correira Yes Matt List Yes Ryan Maxwell Yes Edward Valanzola Yes John \h-(kur� Vote: (Aye) 5 (Nay) __ (Abstain) _PASSED F6. Ad'ournmeut Motion: To adjourn at 3:30 pm. By Darlene Pruitt Seconded by Ed Valanzola ROLL CALL VOTE Aye Na Abstain _ Darlene Pruitt, Chair Yes Eric D. Correira Yes _ Matt List Yes Ryan Maxwell Yes Edward Valanzola Yes John ;1'Ictiarrr (A) (ire (A) Vole: (Aye) 5 (Nay) ___ (Abstain)____ _ PASSED The next Zoning Board o/Apj)eals d9eeling will be mi.hdy 15, 2025 al 7.001).in. Y / 1f n^ T • • 91@14 Date ol'A proval Documents Submitted for the Meeting ZBA App Update with Rules and Regulations Document 69 Warren Ave, Application Minutes from 4-15-25 ZBA Meeting Blakey 21 Webster St Mansfield ZBA app Blakey 21 Webster St v Mansfield ZBA plan ZBA Meeting Minutes 6/17/25 Page 7 of 7