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ZONING BOARD OF APPEALS
MINUTES
JUNE 4,1996
I I
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: Richard Secher, Chairman; Donald Daniels,
Clerk; Eric Butler; Leonard Flynn; Peter DeTrolio; Duane Frederick, Associate Member; and Jack
Vultaggio, Associate Member.
The hearing on the application of Robert Gagnon for a Variance from Section 4.2.1 of the Zoning
By -Law, to allow for a detached garage to be constructed with less than the front yard setback
required for a house (1405 West Street) located on the corner of West and Morgan Streets in the
R -1 Zone began at 7:30 P.M.
Mr. Frederick was appointed voting member in place of Mr. Daniels (who arrived after the
hearing began.)
Mr. Flynn was appointed Acting Clerk (in place of Mr. Daniels).
The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B"; and a Plan of
Land dated April 22, 1996 prepared by Rim Engineering Co., Inc., Mansfield, MA, 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 negative recommendation on the application.
It is the opinion of the Board that the intent of the greater sideyard setback requirement for comer
lots is for additional sight distance for motor vehicles. The board recommends the applicant
explore an alternate means of placing the garage on the lot in order to avoid the need for a
variance."
Mr. Secher asked Mr. Gagnon to present her case.
Mr. Gagnon explained that he would like to add a garage to the house. The plans show the
garage as detached, but he has changed his mind and would like to attach the garage directly to
the house. Mr. Gagnon has chosen this location on his property to place the garage because he
would like to use the existing driveway and enter the house through the kitchen.
Minutes of June 4, 1996
The Board agreed that they need to see new plans that accurately show what the applicant is
proposing to do, but even if the new plans are drawn up, it is not a guarantee how the Board will
vote.
A motion was made by Mr. Butler and seconded by Mr. Flynn to continue the hearing until new
plans are presented to the Board. Unanimously approved. (Voting members: Secher, Flynn,
Butler, DeTrolio, Frederick.)
The hearing on the application of David DeGirolamo for a Variance from Section 3.9.5 of the
Zoning By -Law, to allow for the creation of an Accessory Apartment where the main structure is
less than the required 2,000 square feet, with said buildings located at 445 North Main Street, in
the B -1 Zone began at 7:45 P.M.
The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of
Land dated February 5, 1995 prepared by David E. Grant, Registered Land Surveyor, Mansfield,
MA, was labeled as Exhibit "C ". Mr. Daniels read a letter from the Planning Board into the
record. "With seven (7) members present they voted unanimously to send a positive
recommendation on the application. It is the opinion of the Board that given the age and size of
the structure, a positive recommendation is in keeping with the intent of the Zoning By- Law."
Mr. Secher asked Mr. DeGirolamo to present his case.
Mr. DeGirolamo explained that he and his brothers own the house and he, his wife and son want
to buy the house from his brothers. Mr. DeGirolamo further explained that on May 8, 1996 the
Planning Board voted unanimously in support of a motion to grant a special permit for the
conversion of an existing garage into an accessory apartment, subject to conditions, including
obtaining a variance from the Zoning Board of Appeals. Mr. DeGirolamo would like to add a
200 square foot addition on the garage for a kitchen and bathroom for his son to live. The other
unit, of the main house, will continue to be occupied by a person at least 55 years old. It is now
occupied by Angelo and Dorothy Risotti, who were born in 1916 and 1923, respectively. The
gross area of the main house is 1,470 square feet. The garage, which is attached by an overhang,
is 400 square feet. The addition to the garage is 200 square feet. The accessory apartment will
be connected to public water and sewer through the main house and will be separately metered.
Also, there was no opposition to this application or the application of the Planning Board.
The hearing closed at 8:00 P.M.
Minutes of June 4, 1996
The hearing on the application of Karen Laper for a Variance from Section 4.2.1 of the Zoning
By -Law, to allow for a deck, with less than the required side and rear yard setbacks, to be added
to a house located at 82 Cottage 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
Mortgage Plan dated December 31, 1992 prepared by Philip L. Pattison, R.L.S., Arlington, MA,
was labeled as Exhibit "C ". Mr. Daniels read a letter from the Planning Board into the record.
"With seven (7) members present they voted unanimously to send a positive recommendation on
the construction of a bulkhead cover, and a negative recommendation on the construction of a
deck. It is the opinion of the Board that the construction of a deck would infringe considerably
on both the side and rear yard setbacks, and substantially derogates from the intent of the Zoning
By -Laws. The bulkhead, however, would not."
Mr. Secher asked Mr. Laper to present his case.
Mr. Laper explained that he would like to build a cover for his bulkhead entrance and construct a
21'x12' deck.
Abutters, Selwyn Stearns of 37 Chilson Avenue, David DelloRusso and Nancy Bittner, 31 Chilson
Avenue, were present at the hearing and were all in support of the applicant.
All of these house are very close together and on very small lots.
The hearing closed at 8:10 P.M.
A motion was made by Mr. Butler and seconded by Mr. Daniels to grant a variance to Mr.
DeGirolamo. Unanimously granted. (Secher, Daniels, Flynn, Butler, DeTrolio)
A motion was made by Mr. Flynn and seconded by Mr. Butler to grant a variance to Mr. Laper
with the condition that it is an uncovered, single -story deck. Reasons: size of lot; character of
neighborhood; reasonable addition. (Secher, Daniels, Flynn, Butler, DeTrolio)
Mr. Flynn excused himself from the room for the next discussion.
Mr. Daniels read a memo dated June 3, 1996, from the Police Department, PLTM, L.M.Lawson,
regarding the Conservation Commission Area, Oak Street, into the record. "I have checked the
accident histories for the Oak Street location of the proposed conservation area parking lot. This
area is not a high accident location as defined under the Mass Highway Department or the U.S.
Department of Transportation standards. While the roadway does contain a sharp ninety degree
Minutes of June 4, 1996
curve within the immediate area of the proposed parking lot, the accident history for the curve is
low. Accident histories for the years 1990 through this year to date are as follows..."
A motion was made by Mr. DeTrolio and seconded by Mr. Butler to grant a variance to the
Conservation Commission with the conditions that: (1) the sign must be wood; (2) the size of the
sign shall not exceed 16 square feet; and (3) the bottom of the sign shall be a maximum of 3 feet
off of the ground. Unanimously granted. (Daniels, Butler, DeTrolio, Frederick, Vultaggio).
Since the ZBA meets only once a month during the summer months, it was agreed to meet on the
third Tuesday of July (July 16, 1996) and the third Tuesday of August (August 20, 1996).
The Minutes of May 21, 1996 need revisions.
The meeting adjourned at 9:45 P.M.
Respectfully submitted,
/f,
` D` s,
C lerk