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HomeMy WebLinkAboutZBA_05161995ZONING BOARD OF APPEALS MINUTES MAY 16, 1995 The 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: Eric Butler, Chairman; Leonard Flynn, Clerk; Richard Secher; Peter DeTrolio; and Jack Vultaggio, Associate Member. Jack Vultaggio was appointed voting member in place of Donald Daniels for this meeting. The hearing on the application of David Campbell for a Finding per Sections 3.10.43 and 6.2.2.1) of the Zoning By -Law to allow for an addition to be constructed to a pre - existing, non - conforming home located at 7 Bliss Avenue in the R -2 Zone, began at 7:30 P.M. The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B "; and a Plan of Land dated June 22, 1994 prepared by Robert J. Pelaggi, was labeled as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. "With seven (7) members present, they voted unanimously to send a positive recommendation on this matter. It was the opinion of the Board that providing the deck is to be added to the west side of the structure, the petition does not substantially derogate from the intent of the Zoning By- Law." Mr. Butler asked Mr. Campbell to present his case. Mr. Campbell explained that he would like to construct a 17'xl5' deck on the westerly side of his house. The hearing closed at 7:40 P.M. A motion was made by Mr. Secher and seconded by Mr. Flynn. Unanimously granted. Butler, Flynn, Secher, DeTrolio and Vultaggio. Reason: Does not constitute an increase in the non - conformity. The hearing on the application of C.I. Associates Builders for a Finding per Sections 3.10.4.13 and 62.2.D of the Zoning By -Law to allow for an addition to be constructed to a pre - existing, non- conforming home located at 55 South Main Street in the R -? Zone began at 7:45 P.M. Minutes of May 16, 1995 The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B "; and a Plan of Land dated April, 1977 prepared by Ronald Natoli, Registered Land Surveyor, was labeled as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record. With seven (7) members present, they voted to send a positive recommendation on this application. It was the opinion of the Board that the petition does not substantially derogate from the intent of the Zoning By -Law. Mr. Butler asked C.I. Associates Builders to present their case. C.I. Associate Builders explained that they would like to install a 16'06' deck on the back of the existing house located at 55 South Main Street, exactly where the existing deck is located. The hearing closed at 7:50 P.M. A motion was made by Mr. Flynn and seconded by Mr. Secher to approve a finding to C.I. Associates Builders. Unanimously granted. Butler, Flynn, Secher, DeTrolio and Vultaggio. Reason: Does not constitute an increase in non- conformity. The hearing on the application of Andrea McKay for a Finding per Sections 3.10.4.13 and 6.2.2.1) of the Zoning By -Law to allow for an addition to be constructed to a pre - existing, non- conforming two- family dwelling, located at 556 North Main Street in the R -3 Zone began at 8:00 P.M. The application was labeled Exhibit "A' ; newspaper advertisement as Exhibit "B "; and a Plan of Land dated November 11, 1987 prepared by Bay Colony Surveying, Inc., Foxborough, MA was labeled as Exhibit "C ". Mr. Butler asked Mr. McKay to present his case. Mr. McKay explained that him and his wife are expecting a baby in June and their existing family room will have to be used as the baby's room. They need more room so that would like to add a one room addition to the back of the house. The Board members were not comfortable with the Plan of Land submitted by the applicant. A motion was made by Mr. Secher and seconded by Mr. Frederick to continue this hearing until the next meeting, June 6, 1995. At this time the applicant should provide to the Board the following: Minutes of May 16, 1995 Deeds - which show that he owns all three parcels of land; and 2. The proposed addition should be put on a scale to indicate exactly where and what he proposes to build. The hearing closed at 8:30 P.M. The members discuss the summer schedule and the Board will meet the third Tuesday in July and the third Tuesday in August. The members discussed all the Findings that have been coming before the ZBA. It was discussed that an article as a proposal to the Planning Board should be written to Shaun Burke. Mr. Flynn read a memo from Dick Lewis to the ZBA dated May 16, 1995 into the record. "Re: Udall Decision and the question of putting the gift of the land to the Town into the Decision. I would advise against placing this kind of language into the decision for these reasons: First, I think the variance stands on its own, given the size of the lots, the configuration of the wetlands and the relationship of the wetland to the placement of the lot line between lots 1 and 2 and the driveway location along this common lot line. Second, I think that putting language in about the gift of land gives the impression that the granting of the variance is some sort of trade, or that the motivating factor in granting the variance is this carrot being dangled in the Town's nose. I do not think that this is the kind of impression that one wants to create in a variance document." A motion was made by Mr. Flynn and seconded by Mr. Secher to approve the Minutes of May 2, 1995 with revisions. The meeting adjourned at 9:00 P.M. Resp c fully submitted, ,eohf�r 1 n (`Irrk