HomeMy WebLinkAboutminofzba02032009
ZONING BOARD OF APPEALS
MINUTES
rr.,
<,.,1
FEBRUARY 3. 2009
The Zoning 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: Elisabeth Garber-
Miller; Peter DeTrolio; Kevin Mackie; Jeff Garr, Associate Member; and Phil Shannon,
Associate Member.
Ms. Garber-Miller was appointed as Acting Chairman in place of Mr. Vultaggio for this
meeting.
Mr. Mackie was appointed as Acting Clerk in place of Ms. Garber-Miller for this
meeting.
Mr. Shannon was appointed voting member in place of Mr. Vultaggio for this meeting.
Mr. Garr was appointed voting member in place of Mr. Rapoza for this meeting.
Mr. Garr stated that he is an abutter to this property so he is stepping down from this
hearing.
The application of Jason and Kristen Cronin for a Variance from Section 4.2.1 of the
Zoning By-Law to allow for the construction of an addition to connect the existing
detached garage to the existing single family house which will result in the garage having
less than the required side yard setback at 223 Winter Street in the R-l Zone was opened
at 7:30. Given that Mr. Garr recused himself as an abutter, Ms. Garber-Miller explained
the quorum situation to the applicants and they decided to request a continuance in
writing until March 3, 2008. The request for a continuance was approved unanimously.
George & Lisa Chalifoux of 49 Jakes Way was discussed at 7:35 P.M. Mrs. Chalifoux
explained that they are seeking approval to construct an in-law addition for her in-laws to
live in and be part of their family. They feel extremely fortunate to have had the
opportunity to purchase this beautiful home, raise their two children and now offer the
parents the chance to share their home with them. They have talked to many people in
the Town Hall and contacted different housing agencies in order to go about the correct
way to proceed with this matter because this home was purchased as a 40B.
-
.. ~_.-..,_.....".."-~.~-.~..,";.,..,---"."---._.,,,.,~.,.~~-.-.-.-
U', ,_
i', :. ~:;~l \-1E-1J
s err: ICE
-l--l A 9: 18
MINUTES OF FEBRUARY 3. 2009
Pa2e 2 of 4
Jay Zola explained that he believes that it needs to be determined whether this addition is
substantial or unsubstantial and they need permission from the Zoning Board
to build it.
Ms. Garber-Miller noted that there was extensive ~orrespondence between Nick Riccio,
the Building Inspector, and Jack Vultaggio, the Chairman of the Board. Ms. Garber-
Miller stated that she does not know what went on in the discussions with Nick Riccio
and Jack Vultaggio and feels that maybe the Board needs to hear what the applicant is
saying and then see if Mr. Vultaggio has any additional input. Ms. Garber-Miller also
wanted to err on the side of caution as this was an unfamiliar area for the Board, and
requested the original deed restrictions.
Mr. DeTrolio did some research on this matter and presented some materials he printed
out on the computer. He feels that the applicant needs to go before LIP in Mass Housing
to even ask permission from them prior to approaching the Board. He stated that he was
very concerned with 40B issue.
Mrs. Chalifoux explained that she contacted South Shore Housing and their house was
obtained through a lottery. She has read all the deed restrictions and they spoke with an
attorney and were told that there are no restrictions on putting on an addition. The main
drawback is that with any addition yoU place on your home you cannot profit from it
when you sell the house because of the affordabilityrestrictions.
A motion was made by Mr. Shannon and seconded by Mr. Mackie to continue this
hearing until February 17, 2009. Unanimously approved.
The Board needs to receive a copy of the Comprehensive Permit for Jakes Way to review
before the February 1 ih meeting.
Mr. DeTrolio requested that the Board go into Exectttive Session.
The Board returned from Executive Session
The Continuance of Omnipoint Communications, Inc., 127 North Main Street was
opened at 8:15 P.M.
-
MINUTES OF FEBRUARY 3. 2009
Pa2;e 3 of 4
Joe Giammarco of Prince, Lobel, G10vsky & Tye, LLP, Boston, MA, explained that
when last he spoke to the Board in early 2008, it was agreed to table this hearing and
allow the applicant to pursue another option such as use of town parcels such as the
police station and town hall for the proposed cell tower. This would benefit the Town,
since the Town would receive the revenue. After various attempts to contact the Town
Manager via letter and e-mails, and receiving no response, Mr. Giammarco assumed that
the Town is not interested in such a proposal.
Mr. Mackie read a letter from February 3rd, from Joe Giammarco into the record. "As
you may recall, the hearing was tabled to allow the Applicant time to discuss the issuance
of a request for proposals for a wireless facility on nearby town owned property. On
October 20, 2008, I mailed a letter addressed to Town Manager John D' Agostino
requesting that a Request for Proposals issue to allow the installation of a wireless
communications facility on either the Town Hall or the Police Department property on
West Street. To date, I have received no reply from Mr. D'Agostino.
On December 1, 2008, I left a voicemail message for him regarding the matter. Also on
December 1, 2008 I sent an e-mail to Mr. D' Agostino, asking that he contact me to
discuss the matter. I have not received any response 'from Mr. D' Agostino or any other
municipal official indicating a willingness to discuss the issuance of the necessary
Requests for Proposals. Accordingly, the Town HalI and Police Department properties
continue to be unavailable for lease to the Applicant. Very truly yours, Joseph A.
Giammarco. "
Mr. Giammarco further stated that there are two options here. First, the Board could
reopen this hearing and discuss the matter; or second, ,the Board could close the meeting
and make a decision. He further stated that the Boarq cannot issue a use variance so he
requested a building permit from the Building Dep~rtment, which was denied. The
applicant then had the right to come before the Zoning Board to Appeal the Building
Inspector's Decision.
The Board discussed the use of the fake chimneys to djisguise the towers, and whether or
not this meets the issue of the Design Guidelines. The Board also discussed the issue of
the gap in coverage.
Mr. DeTrolio stated that this is an ugly tower and t~e Board should not increase the
ugliness of the town. He further stated that two (2) o~ the other members, including the
Chairman were not here tonight and he feels that ev~n though the applicant has been
continued for approximately 9 months, two more weeks should not matter. He feels that
they should be here to vote on this issue.
-
MINUTES OF FEBRUARY 3. 2009
Pa2;e 4 of 4
Mr. Mackie stated that he agrees they have waited 9 months and they should not have to
wait any longer and a vote should be taken tonight.
Mr. Garr suggested that if we were to vote on this, could it be possible to vote with a
contingency. The Board decided that it would not work.
Motion as made by Mr. Mackie and seconded by Mr. Garr, that this meets all design
guidelines. All in favor - Mackie, Garber-Miller, Garr, Shannon - Opposed DeTrolio.
Decision of the Building Inspector is overturned.
A motion to adjourn was made by Mr. Mackie and seconded by Mr. Mr. DeTrolio.
Motion to Adjourn
The meeting was adjourned at 9:45 P.M.
Respectfully submitted,
~~
Elisabeth Garber-Miller,
Clerk