Loading...
HomeMy WebLinkAboutmin of zba 07/02/02 r " WNING BOARD OF APPEALS /f,/I~ l);;' . ,~/':D <., 1101/ '"> . (',t-" c. /. . r 1(:,-- t " ,I .,1 , /;/7 Iii,. II .,,( I'i'/;, , II.;, /'./, :'(1.. ", "'i;//('. IJ -'ufr,S MINUTES JULY 2, 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 Vuhaggio, Chairman; Olivier Kozlowski, Clerk; Richard Devine; Eric Butler; Peter DeTrolio, Associate Member; and Bob Davis, Associate Member. Mr. DeTrolio was appointed voting member in place of Mr. Austin for the first hearing. The hearing on the application of Andrew Boy and the Town of Mansfield, for a variance, per Section 4.7.4 of the Zoning By-Law to allow for the placement ofa permanent message board sign, where the sign will be larger than allowed, and also illuminated per Section 4.7.4.1 and 4.7.4 ofthe Zoning By-Law began at 7: 30 P.M.. The hearing on the application of Andrew Boy 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 r existing temporary sign, where the sign will be larger than allowed, per Sections 4.7.4.1 and 4.7.4.4 of the Zoning By Law began at 7:31 P.M. (\ Mr. DeTrolio was appointed for this hearing in place of Mr. Austin. The application was labeled as Exlnbit "A"; a newspaper advertisement was labeled as Exlnbit ''B''. 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 this application." Mr. Vultaggio asked the applicant to present his case. Andrew Hoy introduced himself as the applicant; Paul Boy, his dad; and Mr. Oldnixon, Scout leader. 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. There will be a wooden plaque on top saying "TOWN OF MANSFIELD with the Seal). There will be two brick columns (which are not in the MINUTES OF JULY 2. 2002 r- Page 2 of6 calculations) and it will be internally illuminated with 3 to 4 fluorescent lights. The lights will be in the vicinity of approximately 30 watts. There will be a 5-foot perimeter of mulch and the sign will be approximately 20 feet from the road. Mr. Butler asked the applicant what hours the sign would be lit and Mark Cook explained that the sign will be on a timer. Andrew Hoy explained that the hardship is that that researched potential sites for this sign and this is the best location. The goal of the information sign is that it be easily read; attractive for residents and non-residents. The sign was originally to cost $5,000 but they are getting it for $3,5000. The applicant presented letters from abutters; 14 were positive and one (1) abutter had some concerns. Mr. McCarter, Selectmen for the Town of Mansfield, supports this application. The hearing closed at 7: 50 P.M. r Mr. Davis was appointed voting member for this hearing in place of Mr. Austin. The hearing on the application of Nicholas Carafa for a variance, per Sections 4.2.1 and 1.5.15 of the Zoning By-Laws, to allow for an addition [3 car garage] closer to the side yard property line than allowed [the lot is on a comer and requires 40 feet setback from both streets]. said lot located at 566 Maple Street in the R-I Zone began at 7:55 P.M. The application was labeled as Exlubit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Plot Plan in Mansfield, MA dated May 28, 2002 prepared by Harold A Donahoe. Jr., R.L.S., and labeled as Exhibit "C". Mr. Kozlowski read a letter from the Planning Board into the record. "With six (6) members present, the Board voted five (5) in favor with one (I) abstention to send a negative recommendation on this variance due to the lack of a demonstrated hardship." Mr. Vultaggio asked the applicant to present his case. Mr. Carafa explained that he has been a resident of Mansfield for 6 years and he would like to add a 3-car garage with living space over it. He currently has a two-car garage under his house. The hardship is that they cannot put the addition in the rear because ("' " MINUTEs OF JULY 2. 2002 r- Page 3 of6 there is an existing deck and a leeching field and septic system. They cannot place the addition in the front because they have wetland and this is conservation land. There second hardship is that they have four children and he is bringing his disabled parents to live with them. The existing driveway is 55' long leaving them 22.6 feet of driveway. '. Also, the house is on a hill and there is a drainage easement on the side. Finally, the proposed addition will be no higher than the existing structure. The hearing closed at 8:00 P.M.. Mr. DeTrolio was appointed voting member for this hearing in place of Mr. Austin. The hearing on the application of Gregory Zacharakis for a Finding per Sections 3.10.4.B and 6.2.2.D of the Zoning By-Laws, to allow for the conversion ofan existing non- conforming deck to a 3-season porch, with the house located at 515 Maple Street in the R-l began at 8:05 P.M. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Certified Plot Plan of Land in Mansfield dated April 30, 2002, and prepared by RIM Engineering Co., Mansfield, ~ was labeled as Exlubit "C". Mr. Kozlowski read a letter from the Planning Board into the record. "With five (5) members r present the Board voted unanimously to send a positive recommendation on the application. Due to the odd shape of the lot and the fact that the deck is existing, it does not appear that the addition of a three-season room will create any additional non- confonnity. However, the Board would like to bring the following issue to your attention. It appears that in order to have been granted a building pennit at the time of its construction, the deck may have needed a Variance for encroachment into the side yard setback. As you know, if the deck Was constructed without benefit ofa building permit, there is no grandfathering protection. Therefore, if there was no building pennit issued for this deck, the applicant may need a Variance rather than a Finding. Mr. Vultaggio asked the applicant to present his case. Mr. Zacharakis introduced himself and his daughter Marianne. He explained that he purchased the house in 1999 and the deck was already on the house. The house was originally built in 1987 when his neighbor built the house for his son. They would like to convert the existing deck into a three-season room. The Board requested that the applicant see if there was a valid building permit obtained or if the deck was built when the house was built. The applicant requested a continuance in writing until August 6, 2002. r- The hearing was continued at 8:15 P.M. (' MINUTES OF JULY 2, 2002 Page 40f6 Mr. Davis was appointed voting member for this hearing in place of Mr. Austin. The hearing on the application of John Golden for a Variance, per Section 4.2.1 of the Zoning By-Laws to allowfor a garage and breezeway addition closer to the side yard property line than allowed, said lot located at 449 Bird Road in the R-l Zone began at 8: 15 P.M. The application was labeled as Exhibit ''A''; a newspaper advertisement was labeled as Exlnbit "B"; and a Proposed Garage Addition at Rse. No. 449 Bird Road in Mansfield, MA dated January 24, 2002 and prepared by RIM Engineering Co., Mansfield, MA., was labeled as Exlnbit "C". Mr. Kozlowski read a letter from the Planning Board into the record. "With six (6) members present, the Board voted four (4) in favor with two (2) opposed to send a negative recommendation on this variance." Mr. Vultaggio asked the applicant to present his case. r Mr. and Mrs. Golden explained that they would like to add a two-car garage with a breezeway as shown on their attached plan. They only need 8.5 feet for this variance. After they considered several options, they feel the proposed plan makes the best use of the property. The property line in question abuts high-tension wires. And further, because there are no private homes on this side of the lot, the addition would have no adverse effect on any of their neighbors. The hearing closed at 8:20 P.M. A motion was made by Mr. Butler and seconded by Mr. Kozlowski to grant a variance to Andrew Roy. The Board feh he proved his hardship in his explanation. Unanimously granted (Vultaggio, Kozlowski, Butler, DeTrolio, Devine). A motion was made by Mr. Butler and seconded by Mr. Kozlowski to grant a Variance to Mr. Carafa. Reasons: the house is 150 feet back and there are wetlands. Unanimously granted (Vultaggio, Kozlowski, Butler, Devine, Davis). Mr. DeTrolio was appointed voting member for this hearing in place of Mr. Austin. The hearing on the application of John Elliott for a Finding per Sections 3,1 O.4.B and 6.2.2.D of the Zoning By-Laws. to allow for an addition to a pre-existing non-conforming house located at 421 Williams Street began at 8:30 P.M. r -I r- MINUTES OF JULY 2, 2002 Page 5 of6 The application was labeled as Exhibit '~A"; a newspaper advertisentent was labeled as," Exhibit "B"; and a Plan of Land 421 Williams Street Estate of Wanda Folcik dated November 29, 2000 and revised 12/12/00, and prepared by Hutchins-Trowbridge Associates, Inc., Mansfield, MA, 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 this variance." Mr. Vultaggio asked the applicant to present his case. Mr. Elliott explained that would like to enclose a current breezeway and incorporate it into the existing kitchen. They feel that this alteration is not more detrimental to the neighborhood. The proposed structure does not extend further than the existing structure nor is it closer to the property boundaries than the existing structure. The house was built inn 1968 and the breezeway was confonning at that time. Also the applicant has already taken the roof off of the breezeway and than was informed by Nick Riccio that he needed a finding. r' The hearing closed at 8:45 P.M. A motion was made by Mr. Kozloski and seconded by Mr. Butler to grant a variance to Mr. Golden. Reasons: shape oflot, only power lines abut and they are not bothering anyone. Unanimously granted. (Vultaggio, Kozlowski, Butler, Devine, Davis) Mr. Davis was appointed voting member for this hearing in place of Mr. Austin. The hearing on the application of Paul Foley for a Variance, per Sections 4.2.1 and 1.5.15 of the Zoning By-Laws, to permit the removal of a pre-existing, non-conforming residential structure and the construction of a new structure with less than the required front and side yard setbacks (the lot is on a comer and requires 30 feet setback from both streets], said lot located at 22 Atwood Street in the R-2 Zone began at 9:00 P.M. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as ExhIbit "B"; and a Variance Plot Plan of Land Mansfield, MA dated June 12,2002 and prepared by Hayward-Boynton & Williams, Inc., Land Surveyors, 178 North Main Street, Attleboro, 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 five (5) in favor with one (1) abstention to send no recommendation. The Board did not feel the application included sufficient information for it to make an informed recommendation." ,r' Mr. Vultaggio asked the applicant to present his case. -I .# " MINUTES OF JULY 2. 2002 r Page60f6 Mr. Foley explained that he has lived at this address for 7 years and will soon be getting married and will not have enough living space for his new family in the current structure. The new structure has essentially the same footprint as the old but allows the living Sp@e my fiuni1y will need. The house was built in 1950 and they are constructing a modular home using the same footprint. The applicant present all positive letters to the Board. ' The hearing closed at 8:55 P.M. A motion was made by Mr. Butler and seconded by Mr. Kozlowski to grant a Finding to Mr. Elliott. Unanimously granted. Not more detrimental and not more encroaching. (Vultaggio, Kozlowski. Butler, Devine, DeTrolio.) A motion was made by Mr. Butler and seconded by Mr. Kozlowski to grant a variance to Mr. Foley. Unanimously granted. Reason: setbacks are almost identical. (Vultaggio, Kozlowski, Devine, Butler, David). (' The Minutes of June 4, 2002 were umnimously approved. The Minutes of May 21,2002 were umnimously approved. Andrew Hoy withdrew his application for a Special Permit. The meeting adjourned at 10:00 P.M. Respectfully submitted, /7 Y?:';J\ Olivier Kozlowski, Clerk ~ r