HomeMy WebLinkAboutZBA_09101996ZONING BOARD OF APPEALS
MINUTES
SEPTEMBER 10, 1996
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MASSACHUSETTS
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.
Leonard Flynn was appointed Acting Clerk in place of Donald Daniels for this meeting.
The hearing on the application of Basil Bantimba for a Finding, per Sections 3.10.4.13 and 6.2.2.13
of the Zoning By -Law, to allow for the alteration of a pre - existing, non - conforming dwelling
located at 419 South Main Street in the R -2 Zone began at 7:30 P.M.
Mr. Frederick was appointed voting member in place of Mr. Butler (who stepped down from this
hearing because he was notified by mail as an abutter).
Mr. Vultaggio was appointed voting member in place of Mr. Daniels.
The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a
Mortgage Inspection Plan dated May 25, 1990 prepared by Stephen P. Sessoms, Professional
Land Surveyor, Waltham, MA, was labeled as Exhibit "C ". Mr. Flynn 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. It is the opinion of the Board that the proposed
alteration does not increase the pre - existing non - conformity."
Mr. Secher asked Mr. Bantimba to present his case.
Mr. Bantimba explained that he would like to improve the entrance into his home and increase the
size of the family room to accommodate his family. The existing door which enters into his home
has no roof and is rotting and would like to have some protection from the weather.
The hearing closed at 7:40 P.M.
A motion was made by Mr. DeTrolio and seconded by Mr. Vultaggio to approve a finding to Mr.
Bantimba. Unanimously approved. (Voting members: Secher, Flynn, DeTrolio, Frederick,
Vultaggio.)
Minutes of September 10, 1996
Page 2 of 3
The hearing on the application of Lindsay Hayes for a Variance from Section 4.2.1 of the Zoning
By -Law, for an existing, non - conforming single family home, with less than the required rear yard
setback, to be altered, said home located at 40 Lantern Lane in the R -1 Zone began at 7:45 P.M.
The application was labeled Exhibit "A; newspaper advertisement as Exhibit "B"; and a Zoning
Board Plan dated August 21, 1996 prepared by Hutchins - Trowbridge Associates, Inc., Mansfield,
MA, was labeled as Exhibit "C ". Mr. Flynn 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 Mr. and Mrs. Hayes to present their case.
Mr. and Mrs. Hayes explained that the garage was build according to a legal permit, but when
they tried to obtain a building permit to put an office over the garage and breezeway, it was found
that the permit should not have been granted as it did not meet the setback requirement. The
applicants also propose to screen in the area over the already existing concrete pad which will not
make the property any further non - conforming.
The hearing closed at 7:50 P.M.
A motion was made by Mr. Flynn and seconded by Mr. Frederick to grant a variance to Mr. and
Mrs. Hayes. Unanimously approved. (Voting members: Secher, Flynn, Butler, DeTrolio,
Frederick)
The hearing on the application of John Leary for a Variance from Section 4.2.1 of the Zoning
By -Law, to allow for the alteration/addition of an existing single family home, with less than the
required front yard setback and required lot size, where less than the required rear yard setback is
also proposed, said home located at 19 Noonan Street in the R -2 Zone began at 8:00 P.M.
Mr. Vultaggio was appointed voting member in place of Mr. Daniels.
The application was labeled Exhibit "A; newspaper advertisement as Exhibit "B"; a Zoning
Board Plan dated August 20, 1996 prepared by Hutchins - Trowbridge Associates, Mansfield, MA,
was labeled as Exhibit "C; and a Petition dated September 10, 1996 signed by ten (10) abutters
all in favor the this application was labeled as Exhibit "D ". Mr. Flynn read a letter from the
Planning Board into the record. "With five (5) members present they voted unanimously to send
a negative recommendation on the application. It is the opinion of the Board that the proposed
Minutes of September 10, 1996
Page 3 of 3
alteration/addition would be an overuse of the lot in the R -2 Zone. The board is also of the
opinion that tying in the accessory structure would further increase the non - conformity and
derogate from the intent of the zoning by -law."
Mr. Secher asked Mr, Leary to present his case.
Mr. Leary explained that he has a very small house and would like to add a 4 foot addition to the
front of the house to create a front door area and a 29.5'x13.8' addition which would attach the
already existing garage to the house. All of his neighbors area in support of his application as
seen by Exhibit "D ".
An abutter, Andrew Orel, 20 Noonan Street, stated that he is in support of the applicant.
The hearing closed at 8:10 P.M.
A motion was made by Mr. Butler and seconded by Mr. Flynn to grant a variance to Mr. Leary.
Unanimously granted. ( Secher, Flynn, Butler, DeTrolio, Vultaggio) Reasons: The proposed
addition will improve the living conditions of the applicant; he has the support of all his neighbors;
all houses in that neighborhood are non - conforming; nothing would be gained if he took down the
garage.
The Minutes of August 20, 1996 need to be revised.
Karen Lawlor should find out from Judy Scott who comes up for reappointment in January. Also,
all applicants requested that the Decisions be signed as soon as possible. As soon as they are
ready for signatures, members will sign them at the Police Station.
The meeting adjourned at 8:45 P.M.
Clerk