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HomeMy WebLinkAboutZBA_020513MANSFIELD ZONING BOARD OF APPEALS MINUTES �L FEBRUARY S. 2013 I - -; r? n The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:30 pm. Present at the hearing were the following members: Jack Vultaggio, Chairman; Elisabeth Garber - Miller, Clerk; David Luca; Kevin Mackie; Philip Shannon; Associate Member James Rathbun 'Associate Member John McKenna. 1. Meeting opened at 7:40 pm. 2. Panduka Dabare, 23 Horace Street, Map 27, Parcel 17. The application is for a Variance from Section 4.2.1, Rear Yard and Front Yard Setback of the Zoning By -law for the construction of an addition resulting in less than the required rear and front yard setbacks at 23 Horace Street (Assessor's Map 27, Parcel 17) in the Residential 3 (R3) Zone. The following documents were submitted: Application for a Variance, filed with the Town Clerk's Office on December 13, 2012; copy of the public hearing notice; "Proposed House Addition at HSE. N0, 23 Horace Street ", dated July 31, 2012, stamped by Craig E. Cygawnoski, RIM Engineering Co., Inc., 150 North Main Street, Mansfield, MA; January 13, 2013 note from Martin Conboy, 109 South Main Street; January 31, 2013 letter from the Planning Board. A letter from the Planning Board states that following a discussion, with six (6) members present, the board voted unanimously to send a positive recommendation on this application. It appears the proposed addition will stay within the existing building envelope and "square up" the existing house. Mr. Dabare, the homeowner, was present. Mr. Dabare explained the single - family house was built as non - conforming in 1890 and he has owned the house for one year. He said the existing porch and stairs on the Davis Street side of the house are in disrepair and need to be replaced. The stairs will be replaced and the porch removed to extend the kitchen area and add a room. The addition will be built over an existing bulkhead. Ms. Garber - Miller asked about the bulkhead. Mr. Dabare said there will be an entrance from the kitchen to the basement. Mr. Vultaegio said this application should have been for a Finding because it is a pre- existing, non - conforming property and there will be an increase in the non - conformity, with the addition approximately one foot closer to the rear lot line. Ms. Garber - Miller read a note from Martin Conboy of 109 South Main Street asking that the board allow his neighbor to proceed with the project. Hearing ended at 7:50 pm. Mr. Mackie made the motion to handle the application for 23 Horace Street as a Finding instead of a Variance as shown on the application. Ms. Garber - Miller seconded the motion. Motion passed 5 -0 -0. Mr. Mackie made the motion that the proposed addition at 23 Horace Street is an increase to a pre- existing, non- conforming structure. Ms. Garber - Miller seconded the motion. Motion passed 5 -0 -0. Mr. Mackie made the motion that the change to the pre- existing, non - conforming condition as shown on the plan is de minimis and is no more detrimental than the current condition. Ms. Garber - Miller seconded the motion. Motion passed 5 -0 -0. Discussion: Mr. Mackie said it is de minimis, with an additional encroachment of nine inches into the rear setback. Mr. Vultaggio said the bulkhead and the porch and stairs already encroach into the setback. He said the additional encroachment would be minimal. Mr. Luca said this is an old neighborhood, with similar houses that have been rebuilt over the years, and the proposed addition will conform to the other houses in the neighborhood. Motion passed 5 -0 -0. Other Business: Mr. Vultaggio told the board he is resigning, effective April 1, 2013, or sooner if the position on the board is filled. The board will reorganize at the February 19, 2013 meeting. The meeting will start at 7:15 pm to allow for the reorganization. Mr. Luca made the motion to approve the minutes of December 2012 with Ms. Garber - Miller's correction of a spelling error. Mr. Rathbun seconded the motion. Motion passed 5 -0 -0. Mr. Luca asked about the letter from the Planning Board regarding potential Zoning By -law amendments. The Zoning Board has been invited to discuss the possible amendments on Wednesday, February 13, 2013 at 7:15 pm. Adjournment: Motion to adjourn at 8:10 pm. Luca /Rathbun Next meeting is February 19, 2013 at 7:15 pm. Elisabeth Garber - Miller, Clerk Date �) ,t -7 .i3