HomeMy WebLinkAboutZBA_10012013_201402200906MANSFIELD ZONING BOARD OF APPEALS
MINUTES
October 1, 2013
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: Kevin Mackie, Chairman; Elisabeth Garber - Miller, Clerk; Philip Shannon;
Associate Member John McKenna.
1. Meeting opened at 7:40 pm.
2. Quirk Trust, LLC, William Clemmey, 33 Paine Road, Map 17, Parcel 13.
The application is for a Finding from Section 3.10.46, change, extension, or alteration of a non - conforming
residential structure of the Zoning By -Law for the construction of a new single - family house on the pre-
existing, non - conforming lot at Paine Road (Assessor's Map 17, Parcel 13) in the Residential 2 (112) Zone.
The following documents were submitted: Application for a Variance, filed with the Town Clerk's Office on
August 9, 2013; a copy of the public hearing notice; "Proposed House Location Plan at HSE. No. 33 Paine
Road in Mansfield, MA ', dated July 30, 2013, RIM Engineering Co., Inc., and stamped by Craig E.
Cygawnoski; request to continue the public hearing to October 1, 2013, signed by William D. Clemmey.
Mr. Mackie appointed Associate Member John McKenna a voting member for this hearing.
There was no Planning Board letter.
William and Karl Clemmey were present.
Because there were only four members present, Mr. Mackie told William Clemmey he had the option of
presenting the proposal tonight or he could ask for a continuation until the full board is present. William
Clemmey said he wanted to go forward with the presentation.
The board discussed whether this application should be for a Finding or Variance; consensus was it should
be a Finding.
William Clemmey explained this was a pre- existing, non - conforming house on a corner lot with front
setback issues on both Paine Road and Copeland Drive. The existing foundation was 24'x30' with the front
steps extending seven feet toward Paine Road. The steps will be moved back to the foundation level,
putting the steps in the front of the house, increasing the setback. The proposed house will be moved
further away from Paine Road, increasing the front yard setback to 26.1 feet, where a 30 -foot setback is
required. On Copeland Drive, the foundation at its closest point to the property line was 22.3 feet with the
bulkhead only 17.4 feet from the lot line. The new house will be 22.3 feet from the property line, and at
the closest point, 37.9 feet from the edge of the pavement on Copeland Drive, resulting in an increase of 5
feet in the side yard setback on Copeland Drive. The new house will use the same foundation footprint on
the Copeland Drive side and the house will not extend past the existing foundation. The existing bulkhead
will be eliminated. The proposed attached garage on the right side of the property meets the side yard
setback with 17.0 feet, where 15 feet is required. The rear yard setback requirement is 30 feet and the
proposed deck is 54.3 feet from the property line.
William Clemmey said the house had been vacant for 10 years when he purchased the lot a year ago. At
that time the town was in the process of re- paving Paine Road and he was told to put the water and sewer
services in prior to the paving of the roadway. William Clemmey said Mr. Riccio, Inspector of Buildings,
asked that the existing house be removed for safety reasons but a portion of the stone foundation was to
remain as a benchmark.
William Clemmey noted that the neighbors have no objections to the proposal. He said the new house will
be within the original footprint with frontage on Paine Road, but set further back from Paine Road and
Copeland Drive.
Ms. Garber - Miller said the proposed attached garage meets the side yard setback where 15 feet is required
and 17 feet is provided, has frontage on Paine Road and the new house will be further back on the lot.
Mr. Shannon said this is a vacant lot and the proposal will be an improvement.
Ms. Garber - Miller made a motion that the proposed construction utilizing a portion of the existing
foundation does represent an increase in the pre- existing, non - conformity. Mr. Shannon seconded the
motion. Motion passed 4 -0 -0.
Ms. Garber - Miller made a motion that the increase in the non - conformity is not more detrimental to the
neighborhood than the current non - conformity. Mr. McKenna seconded the motion. Motion passed 4 -0 -0.
Discussion:
Ms. Garber - Miller said in a residential neighborhood it is better to have a house than an empty lot. She
said because they will be using the footprint of the existing foundation, she does not have a problem
granting the Finding.
Mr. Shannon said the proposed house would increase the value of the other houses in the neighborhood.
Mr. Mackie said the house is further back from the street and will be less detrimental.
Motion passed 4 -0 -0.
Hearing ended at 7:50 pm.
Old Business:
Mr. Shannon made a motion to approve the minutes of June 18, 2013, August 20, 2013 and September 17,
2013. Mr. McKenna seconded the motion. Motion passed 4 -0 -0.
The decisions for 11 Horseshoe Loop and 493 West Street will be signed at the police station.
The next meeting is tentatively scheduled for November 5, 2013.
Adjournment:
Motion to adjourn at 8:00 pm. Garber - Miller /Shannon. Passed.
Elisabeth Garber - Miller, Clerk Date