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HomeMy WebLinkAboutmin of zba 08/06/02 IJ;?/VOt; 2/ 111, "if) 10: /1 (",,/(; , ',.Y/ ".,<",U . ,.I0fTrS ( ZONING BOARD OF APPEALS MINUTES AUGUST 6, 2002 The Zoning Board of Appeals held its regular meeting in the Town HaIl, Mansfield, MA, at 7:30 P.M. Present at the hearing were the following members: Jack Vultaggio, Chairman; Olivier Kozlowski; Eric Butler; Richard Devine; Peter DeTrolio, Associate Member; and Bob Davis, Associate Member. The continuation of the hearing of Gregory Zacharakis for a Finding per Sections . 3.10.4.B and 6.2.2.D of the Zoning By-Law to allow for the conversion of an existing non-conforming deck to a 3 season porch, with the house located at 515 Maple Street in the R-I Zone which was held on the 2nd day of July and continued until the 6th day of August, 2002, was heard at 7:30 P.M. Mr. Vultaggio asked the applicant to present his case again. 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 r' 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 explained that the original owner, WIlliam Madan, was supposed to build the deck with the house in 1987 but they ran out of money and built the deck in 1991. They cannot find a building permit, but the Assessor's office had the deck being built and is being taxed. Also, the deck is over 10 years old. Further, the applicant was informed by Nick Riccio that since the deck is over 10 years old there should be no problem. The Board discussed the filet that all that is on file is the. As Built Plan; and whether this should be a :finding or a variance. The Board further discussed that more than 10 years have paSsed. The hearing closed at 8:15 P.M. A motion was made by Mr. Butler and seconded by Mr. Devine as to whether or not this constitutes an increase in the non-conformity, unaniTllOusly agreed, it does. A motion was made by Mr. Butler and seconded by Mr. Devine as to whether this increase is a substantial detriment to the neighborhood. Unanimously approved. It is not more detrimental to the neighborhood, and discussion amongst the members, the Board found that: - r MINUTES OF AUGUST 6, 2002 Page 2 of2 (1) The existing dwelling is a pre-existing, non-conforming structure; and the Board finds that the proposed alteration would increase the existing non-conformity but that the proposed alterations are not more detrimental to the neighborhood. The Board discussed the 40B application that is expected in any time now. The Board had a generalized discussion on the 40B rules and regulations. The Board was concerned with making sure the rules provided the town with the greatest amount of fleXIbility and reviewing and permitting 40B projects. Several Board members wanted to review relevant statutes and regulations. Board members will be provided with e-mail copies of draft regulations so that revisions can be reviewed, noted and highlighted. A second draft of the rules and regulations can be discussed at the next meeting. The meeting adjourned at 9:30 P.M. r Respectfully submittedt ~ Olivier Kozlowski, Clerk r'