HomeMy WebLinkAboutZBA_07231996ZONING BOARD OF APPEALS
MINUTES
JULY 23,1996
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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; Eric Butler;
Leonard Flynn; Peter DeTrolio; Duane Frederick, Associate Member; and Jack Vultaggio,
Associate Member.
Mr. Butler was appointing Acting Clerk for this meeting in place of Mr. Daniels.
The hearing on the application of Kenneth Dixon for a Finding per Sections 3.10.43 and 6.2.2.D
of the Zoning By -Law, to allow for the alteration of a pre - existing, non - conforming residential
structure located at 8 Park Street in the R -2 Zone began at 7:30 P.M.
Mr. Vultaggio was appointed voting member in place of Mr. Daniels for this hearing.
The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B "; and a Plan of
Land dated May 24, 1996 prepared by Bay Colony Group, Inc., Foxborough, MA, was labeled
as Exhibit "C ". Mr. Butler read a letter from the Planning Board into the record. "With five (5)
members present they voted unanimously to send a positive recommendation on the application.
The structure is a pre - existing, non - conforming one, and it is the Board's opinion that no
additional non - conformity will be caused by the addition of the deck and porch."
Mr. Butler read a letter from the neighbors and abutters into the record. "We, the abutters and
neighbors of the Dixon's of 8 Park Avenue, have been informed and understand the nature of the
home improvement project they wish to construct. We are also aware they have applied to the
Board for a "finding" which would allow for construction on their home despite it being a
"non- conforming pre - existing dwelling" relative to current Zoning regulations. By signing this
letter we want to communicate to the ZBA that we have no objections to the Dixon's constructing
the proposed addition on their home. Signed, Joan Duggan, 16 Park Ave.; Joseph Duggan, 16
Park Ave.; Patricia Lambert, 12 Park Ave.; Michael Lambert, 12 Park Ave.; Edward Gentili, 3
Willis St.; Diana Mordini, 4 Park Ave.; and John Todesco, 9 Park Ave."
Mr. Secher asked Mr. Dixon to present his case.
Minutes of July 23, 1996
Page 2 of 5
Mr. Dixon explained that he bought his home in 1988. Since then his family has grown and he
now needs more space for his wife and three children. Mr. Dixon further explained that he
explored the option of selling his home and buying or building a larger one and decided to add c
to his existing ranch style home by putting a farmers porch on the front of the house, adding a
deck to the back of the house and adding a second story to the house.
Mr. Flynn asked Mr. Dixon if he had any elevation drawings showing the second story addition
and Mr. Dixon explained that the Building Department had all his papers. The Board members
agreed that no decision could be made until they saw some elevation drawings. Mr. Dixon
decided to leave the meeting and try to find some drawings.
A motion was made by Mr. Flynn and seconded by Mr. Butler to continue the meeting until 9:0,
P.M. Unanimously approved.
The hearing on the application of Matthew Lavallee for a Variance from Section 4.2.1 of the
Zoning By -Law, to allow for a garage addition, located at 20 Old Elm Street in the R -I Zone,
with less than the required sideyard setback began at 7:45 P.M.
Mr. Frederick was appointed voting member for this hearing in place of Mr. Daniels.
The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of
Land dated March 27, 1995 prepared by Rim Engineering Co., Inc., Mansfield, MA, was labeler
as Exhibit "C ". Mr. Butler read a letter from the Planning Board into the record. "With five (5)
members present they voted three (3) in favor with two (2) opposed to send a negative
recommendation on the application. It is the opinion of the Board that the construction of a
garage would substantially derogate from the intent of the Zoning By- Law."
Mr. Secher asked Mr. Lavallee to present his case.
Mr. Lavallee explained that he would like to add a two -car garage to his house. It is very wind}
where his house is located and during the winter he would like some protection for his wife
because she leaves very early in the morning for work and also for his antique car.
Mr. Flynn was concerned about the water level in the drainage ditch next to Mr. Lavallee's hom,
and if Mr. Lavallee has ever had a water problem. Mr. Lavallee stated that he has never had
water in his basement and if he had a water problem he would not be constructing the proposed
garage.
Minutes of July 23, 1996
Page 3 of 5
An abutter, Thomas Kearns, of 12 Old Elm Street stated that he has owned his home for two
years and has never had a water problem.
The hearing closed at 8:00 P.M.
The hearing on the application of Mansfield Oil Company for a Variance from Section 4. 2.2 of
the Zoning By -Law, to allow for an already constructed structure with less than the required
sideyard setback, and to Amend a previously granted Variance to modify the required landscaping
and buffering conditions, for the business located at 945 East Street began at 8:00 P.M.
Mr. Vultaggio was appointed voting member for this hearing in place of Mr. Daniels.
The application was labeled Exhibit "All; newspaper advertisement as Exhibit "B "; and an As Built
Plan dated May 5, 1990 prepared by Triangle Engineering, Providence, R.I., was labeled as
Exhibit "C ". Mr. Butler read a letter from the Planning Board into the record. "With five (5)
members present they voted unanimously to send a positive recommendation on the application."
Mr. Secher asked the applicant to present his case.
Attorney David Manoogian introduced himself as representing the owner, Thomas MacDonald.
Mr. Manoogian explained that a variance was granted to Mr. MacDonald in February, 1992 for
the construction of a 30'x30' office /garage structure with less than the required minimum sideyard
setback with amendments. During the construction phase it became necessary to locate the fuel
oil burner which provides heat to the new structure in an additional attached structure located to
the rear of the garage/office. The size of this structure is 4'x19'. At the time of construction the
applicant did not believe it was necessary to seek this Board's approval of the additional structure
since it was believed to be an allowed accessory use. Mr. MacDonald was just enclosing the
boiler with left over scrap materials and believed his lean -to was an accessory use. Mr. Cook did
not agree and feels that this is a structure/building.
The variance also contains a condition which states that "...a line of six-foot high evergreen
plantings be placed along the length of the frontage of the property, concealing all business
activity from the roadway ". The applicant seeks to amend the variance by deleting this condition
in its entirety and replacing said condition with one which calls for only the evergreen planting
shown on the as -built plan submitted herewith located in front of the above ground oil storage
tank. The existence of such a wall of plantings and an access drive would impair visibility when
entering and exiting the site and prevent oil tanker deliveries from occurring.
Minutes of July 23, 1996
Page 4 of 5
Mr. Flynn asked the applicant why this landscape condition in the variance took four years to be
- acted upon. Mr. Manoogian explained that the variance decision was never read, the applicant
did not know the symbol for trees in the plans, and when the landscaping provision was brought
to his attention he did not want to block the entire front of his business.
The hearing closed at 8:45 P.M.
The hearing on the applicant of Patriot Supply continued from June 18, 1996 was reopened. Jeff
Vigeant present the requested sketches and elevation plans of his proposed second story addition.
Voting members for this application: Secher, Butler, DeTrolio, Flynn and Frederick (voting in
place of Daniels).
A motion was made by Mr. Flynn and seconded by Mr. Vultaggio to grant a variance to Mr.
Dixon. Unanimously granted. (Secher, Flynn, Butler, DeTrolio, Vultaggio) Reasons: pre-
existing, non - conforming use; does not increase non - conformity; same footprint; increase value of
property.
A motion was made by Mr. Butler and seconded by Mr. DeTrolio to grant a variance to Mr.
Lavallee. Vote: 4 -1 granted (Yes: Secher, Flynn, Butler, DeTrolio - No: Frederick) Reasons:
No other place to put garage; hardship: shape and typography of the land. Condition: single story.
Mansfield Oil -
A motion was made to amend a previously issued variance (changed)
A motion was made to grant a variance from the requirement of frontyard
landscape buffers (changed)
A motion was made by Mr. Butler and seconded by Mr. DeTrolio to grant a variance to
an already constructed structure (4'x19') with less than the sideyard setback.
Vote: Granted 4 -1 Yes: Secher, Butler, DeTrolio, Vultaggio. No: Flynn
A motion as made by Mr. Vultaggio and seconded by Mr. DeTrolio to grant a variance
from the requirement that a line of six -foot high evergreen plantings be placed along the length of
the frontage of the property, concealing all business activity from the roadway.
Vote: Granted 4 -1 Yes: Secher, Butler, DeTrolio, Vultaggio. No: Flynn
(Do one variance decision with two motions)
A motion was made by Mr. Flynn and seconded by Mr. Frederick to grant a Special Permit to
Patriot Supply. Unanimously granted (5 -0) Secher, Flynn, Butler, DeTrolio, Frederick.
Minutes of July 23, 1996
Page 5 of 5
Mr. Butler made a comment regarding the Executive Session of the Minutes of June 4, 1996 and
the discussion on the legality and merits of the case involving Great Woods, Mangiaratti and
Summary Judgment. Mr. Vultaggio explained that was what was discussed at that Session.
The Minutes of June 18, 1996 need revisions.
The meeting adjourned at 10:00 P.M.
Respectfully submitteed
Eric Butler,
Acting Clerk