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ZONING BOARD OF APPEALS
MINUTES
NOVEMBER 1% 1996
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 for this meeting.
The hearing on the application of Christine Inglese for a Variance from Section 4.2.1 of the
Zoning By -Law, to allow for a deck addition with less than the required sideyard setback, and for
a Finding, per Sections 3.10.43 and 62.2.1) to allow for the alteration of a pre - existing,
non - conforming structure, said home located at 44 Shields Street in the R -2 Zone began at 7:30
P.M.
Duane Frederick was appointed voting member for this hearing in place of Donald Daniels.
The application was labeled Exhibit "A!'; newspaper advertisement as Exhibit "B "; and a Plan of
Land dated September 3, 1996 prepared by David E. Grant, Registered Land Surveyor,
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 negative
recommendation on the application. The Board's decision is based on their opinion that the
proposed deck further encroaches on the sideyard requirement and increases the non - conformity
and should be relocated to conform with zoning."
Mr. Secher asked the applicant to present her case.
Ms. Inglese explained that she would like to relocate her existing bulkhead in order to construct
an addition and deck to the rear of her house.
The Board discussed the deck being closer to side property line than the existing house.
The hearing closed at 7:45 P.M.
Minutes of November 19, 1996
The hearing on the application of Thomas Flaherty for a Finding per Sections 3.10.4 and 6.2.2.D
of the Zoning By -Law, to allow for an alteration [second story addition] of a pre - existing,
non - conforming structure, said home located at 384 Central Street in the R -2 Zone began at 7:45
P.M.
Mr. Vultaggio was appointed voting member for this hearing in place of Donald Daniels.
The application was labeled Exhibit "A"; newspaper advertisement as Exhibit "B "; and a
Mortgage Inspection Plan dated February 1, 1994 prepared by Des Lauriers & Associates, Inc.,
Walpole, MA, was labeled as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into
the record. "With six (6) members present they voted unanimously that the plan and application
lacked the information necessary to make a recommendation on the application."
Mr. Secher asked the application to present his case.
Mr. Flaherty explained he wished to add a second story above the existing first floor at rear of
house. Some work has already been done due to a leaking roof above the kitchen.
The applicant requested a continuance in writing and will bring to the next meeting, December 3,
1996, a revised plan.
The hearing on the application of Michael Carchedi for a Variance from Section 4.2.1 of the
Zoning By -Law, to allow for the creation of a lot ( #68 Creeden Street) with less than the frontage
required for the R -2 Zone began at 8:00 P.M.
Duane Frederick was appointed voting member for this hearing in place of Donald Daniels.
The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B'; and a Plan of
Land dated October 2, 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 four (4)
members present they voted unanimously to send a positive recommendation on the application."
Mr. Secher asked the applicant to present his case.
Mr. Carchedi stated that his driveway was partly located on property of his neighbor. In order to
clean up this problem and to allow for future alterations of the applicants home, the change in lot
lines is proposed.
Minutes of November 19, 1996
The hearing closed at 8:15 P.M.
The hearing on the application of Michael Bolea for a Finding per Sections 3.10.4.B and 6.2.2.D
of the Zoning By -Law, to allow for the alteration [side porch addition] of a pre- existing,
non - conforming structure located at 136 Church Street in the R -2 Zone began at 8:15 P.M.
Jack Vultaggio was appointed voting member for this hearing in place of Donald Daniels.
The application was labeled Exhibit "A"; newspaper advertisement as Exhibit 'B "; and a Zoning
Plan of Land dated October 29, 1996 prepared by Hutchins- Trowbridge Associates, Mansfield,
MA, was labeled as Exhibit "C ". Mr. Flynn read a letter from the Planning Board into the record.
"With six (6) members present they voted unanimously to send a positive recommendation on the
application."
Mr. Secher asked the applicant to present his case.
Mr. Bolea explained that the proposed wrap around porch will not increase non - conformity and
will fit in with the neighborhood.
The hearing closed at 8:30 P.M.
A motion was made by Mr. Butler and seconded by Mr. Frederick to grant a Finding for the
proposed addition to Christine Inglese. Unanimously granted (5 -0) Reasons: Does not increase
the non - conformity and is not detrimental to the neighborhood.
A motion was made by Mr. Flynn and seconded by Mr. DeTrolio to grant a Finding for the
proposed deck to Christine Inglese. Unanimously granted (5 -0) Conditions: Provided that the
deck does not come any closer than 10.4 feet to the property line.
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A motion was made by Mr. Flynn and seconded by Mr. Vultaggio to grant a Variance to Mr.
Carchedi. Unanimously granted (5 -0) Reasons: Hardship due to improper place of driveway;
does not derogate from the intent of the Zoning By -Law; and provides an agreeable solution
between two abutters.
A motion was made by Mr. Butler and seconded by Mr. Flynn to grant a Finding to Mr. Bolea.
Unanimously granted (5 -0) Reasons: Does not increase the non - conformity and is not
detrimental to the neighborhood.
Minutes of November 19, 1996
A motion was made by Mr. Flynn and seconded by Mr. Fredericks to approve the Minutes of
October 15, 1996. Unanimously approved.
The meeting adjourned at 9:30 P.M.
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Flynn, ActiVg Clerk