HomeMy WebLinkAboutZBA_05201997ZONING BOARD OF APPEALS
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MAY 20, 1997
The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA, at 7:50 P.M.
Present at the hearing were the following members: Richard Secher, Chairman; Leonard Flynn,
Acting Clerk; Eric Butler; Richard Devine; and Jack Vultaggio, Associate Member.
At 7:35 P.M., only four (4) ZBA members were present, Mr. Secher, Mr. Flynn, Mr. Butler and
Mr. Devine. Mr. Flynn placed to telephone calls to Mr. Daniels (who was not at home) and Mr.
Vultaggio (who was on a conference call). Mr. Vultaggio stated that he would be there as soon
as possible.
The first applicant, Steven Whalen, 333 Franklin Street was given the option of going with four
(4) members or waiting for the fifth member. Mr. Whalen decided to wait for the fifth member.
The hearing on the application of Stephen Girard for a Variance from Section 4.2.1 of the Zoning
By -Law to allow for the construction of an attached garage with less than the required sideyard
setback, said lot located at 15 Surrey Drive, in the R -1 Zone began at 7:50 P.M.
Mr. Flynn was appointing Acting Clerk for the meeting.
The application was labeled as Exhibit "A "; a newspaper advertisement as Exhibit "B'; and a
Proposed Garage Addition on Lot 43 House No. 15 Surrey Drive dated April 24, 1997 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 five (5) members present, they voted 4 -1 to send
a negative recommendation on the application. Board members felt that the applicant could
eliminate the breezeway and put the deck against the house or build a detached garage, either of
which could be done without the need for a variance."
Mr. Secher asked the applicant to present his case.
Mr. Girard explained that he has recently had neck surgery and would like to add a 24'x26' garage
on to his house. At the time his house was built the sideyard requirement was 15 feet and zoning
changed that to 25 feet; he only needs a variance for 3 112 feet. The plans show two decks, but
actually one is a three season porch which he does not want to take down.
Minutes of May 20, 1997
The hearing closed at 8:00 P.M.
A motion was made by Mr. Butler and seconded by Mr. Flynn to grant a variance to Mr. Girard.
Unanimously granted. Butler, Secher, Flynn, Devine. Reasons: Minor encroachment of 3 feet;
everything was conforming until zoning changed; no objections from neighbors.
Mr. Vultaggio arrived at the hearing at 8:05 P.M.
The hearing on the application of Steven Whalen for a Variance from Section 4.2.1 of the Zoning
By -Law to allow for the construction of a screened porch with less than the required sideyard
setback, said lot located at 333 Franklin Street in the R -1 Zone began at 8:05 P.M.
Mr. Vultaggio was appointing voting member in place of Mr. Daniels.
The application was labeled as Exhibit "A'; a newspaper advertisement as Exhibit "B'; and a
Mortgage Plot Plan of Land dated March 4, 1988 prepared by W.T. Whalen Engineering Co.,
North Attleboro, 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 3 -2 to send a negative
recommendation on the application. The majority position was that the present deck is already
too close and that it never should have been allowed in the first place. Extending it another two
feet would be a further encroachment and derogate from the intent of the Zoning By- Law."
Mr. Secher asked the applicant to present his case.
Mr. Whalen explained that he would like to construct a one -story, A frame screened -in porch on
the existing deck. When the home was purchased in April 1988, the existing deck was in place.
Since the birth of their third child, his family has found it necessary to provide for additional room
and would like to use this room as a "safe play" area due to the traffic on Franklin Street. They
are also unable to build the porch further away from the lot line due to the location of the existing
bulkhead. The existing deck is 12'x14', they would like to make the porch 14'x12'.
Mr. Flynn was not satisfied with the Plans submitted by the applicant. The applicant thought he
might have a plot plan at home. A motion was made by Mr. Butler and seconded by Mr. Devine
to continue the meeting until approximately 8:40 P.M. when the applicant could return.
Mrs. Parente, Grove Street, continued from May 3, 1997 was present with her attorney, Marc
Antine. Because only three of the five members were present, no vote could be taken. The vote
was continued until June 17, 1997.
Minutes of May 20, 1997
The summer schedule was agreed upon by all members. The third Tuesday in July - The third
( Tuesday in August.
Mr. Whalen returned with a copy of the Agreement for the porch and a Mortgage Plot Plan. The
documents were reviewed. The hearing closed at 9:00 P.M.
A motion was made by Mr. Butler and seconded by Mr. Devine to grant a variance to Mr.
Whalen. Unanimously granted. Condition: 1 story. Reasons: Hardship is the shape of the lot,
abutters in favor.
There was a discussion on BlackHawk (Old Colony Motors). The Board is changing only one
condition in the decision, and no plans will be signed. Mr. Flynn took the decisions with him to
review.
A motion was made by Mr. Devine and seconded by Mr. Vultaggio to approve the Minutes of
May 3, 1997 with amendment.
A motion was made by Mr. Butler and seconded by Mr. Vultaggio to adjourn.
10:00 P.M.
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