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HomeMy WebLinkAboutmin of zba 06/04/02 ~ UJ;JJv r" ZONING BOARD OF APPEALS ;71="1'.' E-l \/t'-D. . \._ ...1 _ ~ ir'! i/~r.H:-FICl"" - , , r. MINUTES 02 AUG -6 P/1 2: 54 ; ,.f IELD r'l A SS/J,Ci-/USETTS JUNE 4, 2002 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; Olivier Kozlowski, Clerk; Richard Devine; Eric Butler; Peter DeTrolio, Associate Member; and Bob Davis, Associate Member. Mr. DeTrolio was appointed voting member for the :first hearing in place of Eric Butler (who arrived a few minutes late). Mr. Davis was appointed voting member in place of Mr. Austin for the first hearing. The hearing on the application of Vince and MaryAnne Botti for a Finding per Sections 3.1O.4.B and 6.2.2.D of the Zoning By-Law to allow for the extension and alteration [second floor addition at the rear of the structure] to a pre-existing, non-conforming single family home, said property located at 67-75 South Main Street in the R-3 Zone began at 7:30 P.M. r-- The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Mortgage Plot Plan of Land in Mansfield dated September 5, 1987 and prepared by Nicholas Beiners, R.L.S. 4 Carmine Avenue, Foxborough, MA 02035, was labeled as Exhibit "C". Mr. Kozlowski read a letter from the Planning Board into the record. "With five (5) members present, the Board voted unanimously to send a positive recommendation on the Finding because the addition will not increase the pre-existing, non-cOnformity. " Mr. Vultaggio asked the applicant to present his case. Mr. Botti explained that the house is 100 years old. The existing structure (which was originally an old barn) was in desperate need of or repair. The existing building is only one story and since the building needs to be almost tom down to repair the foundation, they felt it wise at this point to add a second level for storage or an exercise room. The applicants could originally just stand up in the middle of the structure (which was six feet dead center), but they would like to raise the roofand make a second floor. The roofline will be 18 inches below the existing roofline. The addition will have no windows and the house next door is approximately 30-35 feet away. The hearing closed at 7:40 P.M. r" r-- MINUTES OF JUNE 4, 2002 Page 2 of 4 A motion was made by Mr. neTrolio and seconded by Mr. Davis that this constitutes an extension of a pre-existing, non-conforming structure. Unanimously approved. A motion was made by Mr. Davis and seconded by Mr. DeTrolio that this is an extension of a pre-existing, non-conforming structure and is not more detrimental to the neighbor- hood. Unanimously granted (5-0) Vultaggio, Kozlowski, Devine, Davis, DeTrolio. The hearing on the application of Andrew Hoy and the Town of Mansfield, for a Special Permit, per Section 3.1O.4.A of the Zoning By-Law to allow for the expansion and alteration of a pre-existing, non-conforming use [Town Highway Garage, 500 East Street, R-l Zone] through the placement of a permanent message board sign to replace the existing temporary sign, where the sign will be larger than allowed, per Sections 4.7.4. I and 4.7.4.4 of the Zoning By Law began at 7:45 P.M. Mr. DeTrolio was appointed for this hearing in place of Mr. Austin. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B". Mr. Kozlowski read a letter from the Planning Board into the record. "With r" six (6) members present, the Board voted unanimously to send a positive recommendation on this application." Mr. Vultaggio asked the applicant to present his case. Andrew Hoy introduced himself as the applicant. He explained that he has 23 badges and is in the Order of the Arrow and is in the process of obtaining his Eagle Scout Badge at the age of 14. He wishes to provide a service that will benefit as large a portion of the Town as possible. After discussion with the Town manager, he wishes to construct a "message board" style Town Information Sign. The proposed requested sign is 3 ~ feet by 6 feet (21 square feet), where 3 square feet is allowed. The sign will be 5 feet from the flagpole. Also, Officer Lawson stated to the applicant that there is no sight problem. Mr. Devine of the ZBA stated that he felt that this should have been advertised as a Variance and is setting a precedent if this is allowed. Mr. Devine asked Mr. Richard Lewis why this was advertised as a Special Permit, and not a variance. Mr. Lewis explained that after discussions with Bert Cook, the Building Inspector, and Shawn Burke, Planning Director, they decided it should be advertised as a Special Permit. Selectmen, Lou Amorouso and Stephen McCaffrey, both stated that they thought this should be a special permit. r- .r" MINUTEs OF JUNE 4, 2002 Page 3 of4 After discussion regarding variance and special permit the a~licant decided to withdraw his application and resubmit a new application for the July 2 meeting. A motion was made by Mr. Butler and seconded by Mr. Devine to accept the withdrawal of the applicant. The hearing closed at 8:30 P.M. Bob Davis was appointed voting member for this hearing in place of Mr. Austin. The hearing on the application of the Mansfield Conservation Commission for a Variance from Sections 4.4.4.5 and 4.4.4.6 of the Zoning By-Law to allow for an unmarked, gravel parking area, and Section 4.7.4.1 to allow for an identification sign larger than allowed, with said activity to occur at the Essex Street Conservation area, Assessor's Map 37, Parcel 16, in the R-l Zone began at 8:35 P.M. r The application was labeled as Exhtbit "A"; a newspaper advertisement was labeled as Exhtbit "B"; and a Proposed Plan of Parking Area at the Essex Street Conservation Land dated May 8, 2002 and prepared by the Town of Mansfield Engineering Department, Mansfield, MA, was labeled as Exhibit ''C''. Mr. Kozlowski read a letter from the Planning Board into the record. "WIth six (6) members present, the Board voted unanimously to send a positive recommendation on the Variance." Mr. Vultaggio asked the applicant to present his case. Mr. Lewis explained that they are requesting the allowance of a gravel surface for two parking spaces which is to provide a natural experience in an undeveloped settling. Allowing an unpaved parking area in an existing field area fulIs within the category of passive use. Requiring paving would create impacts to land and water resources and has the potential to impact wildlife in the area. Mr. Lewis is also requesting a sign not to exceed 32 square feet to display necessary information. The state requires that their name be included on the entrance sign since they participated financially in the acquisition of the property. The proposed language for the entrance sign is: r" Essex Street Conservation Area A Cooperative Project between the Mansfield Conservation Commission & The Commonwealth of Massachusetts Purchased 200 I r- MINUTES OF JUNE 4, 2002 Page 4 of4 Abutters, John Brant of 360 Essex Street and an abutter :from Nathan Lane were concerned with the kids hanging out and drinking in the area and if this area will be closed or locked at night. Mr. Lewis explained that there will be boulders around with only one opening. The hearing closed at 9:00 P.M. A motion was made by Mr. Kozlowski and seconded by Mr. Devine to grant a parking variance, for a gravel parking lot, to the Conservation Commission, subject to the condition that the lot be closed between sunset and sunrise. Unanimously granted 5-0 (Vultaggio, Kozlowski, Devine, Butler, Davis). r" A motion was made by Mr. Kozlowski and seconded by Mr. Davis to grant a sign variance with the condition that the sign be no larger than 32 square feet and it be a wood sign similar to the Oak Street wood sign; and with a minimum of 5 feet from the property line. Unanimously granted (5-0) (Vultaggio, Kozlowski, Devine, Butler, Davis). The Board discussed the summer schedule and decided on July 2, 2002 and August 6, 2002 as the meeting schedule. The meeting adjourned at 9:50 P.M. . elerk r"