HomeMy WebLinkAboutZBA 06/17/2025Town of Mansfield
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Zoning Board of Appeals
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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