HomeMy WebLinkAboutminofzba02172009
TOWN OF MANSFIELD
f1
ft
r." "/1::'-0
-, . L
.~ :'C: nCF'CE
;../ \""1 I
ZONING BOARD OF APPEALS
10Dl - f4 A 9= I 3
MINUTES
;_i
FEBRUARY 17.2009
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: Jack Vultaggio,
Chairman; Elisabeth Garber-Miller, Clerk; Peter DeTrolio; Kevin Mackie; Dave Rapoza.
The application of Kristen W eiskerl Alexander Cuddeback for a Modification to increase
the height of a structure from a previously approved Variance from Section 4.2.1 of the
Zoning By-Law to allow for the construction of an attached breezeway and garage with
less than the required side yard setback at 160 East Street in the R-2 Zone began at 7:30
p.m.
The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as
Exhibit "B', a Zoning Board Plan 160 East Street dated 8/27/04 and revised on 5/30106
and prepared by Hutchins-Trowbridge, 200 Chauncy Street, Mansfield, MA was labeled
as Exhibit "C"; and elevation drawings "Proposed Exterior Views Cutterback Residence
169 East Street, Mansfield, MA dated 2/11108 and revised on 1/21/09 and prepared by
Creative Designs, George Leven Drive, North Attleboro, MA was labeled as Exhibit "D".
Ms. Garber-Miller read a letter from the Planning Board into the record. "With seven (7)
members present, the Board voted unanimously to send a negative recommendation on
the modification to the variance to allow a two-story garage when a one-story garage has
been approved. Members were concerned about the mass and bulk of the proposed
addition, as well as its height in relation to the existing house and to neighboring
structures. In addition, given the proximity of the structure to the property line, the
members were concerned about building code and fire separation issues. Finally, the
Planning Board noted that the town's GIS system appears to show the "paper street" next
to the proposed garage is owned by the abutter to the rear and may no longer be a paper
street. If you have any questions, please contact the Planning Department."
Mrs. Weisker introduced herself as the owner and Mr. Cuddeback as her husband and
contractor. Mr. Cuddeback explained that a variance was granted to them for a garage
and breezeway in September 2007 and he never showed the Board any plans, elevation
drawings or height requirements. He further explained that at that time they were not
sure exactly what they were proposing for curb appeal and thought that the granting of
the variance was all they needed. When they went to the Building Inspector he refused to
give a building permit because he felt the addition was more than what the Zoning Board
had granted.
MINUTES OF FEBRUARY 17.2009
Pa2e 2 of 4
Mr. Cuddeback further explained that the house has no facial appeal and they would like
the house to stand out and make a statement. The house is under appraised and needs to
stand out and be more attractive. This addition will not encroach on the existing houses
and the addition will have a 5-Y1 pitch and not be higher than 3' 1 0" above the existing
house roofline.
An indirect abutter from Willis Street stated that he was not at the last meeting and was
just concerned about what the applicant is requesting.
Mr. Vultaggio stated that he does not have a problem with the property next to the house
because it is attached to property on Willis Street but has easement and cannot be built
on. From a practical standpoint they are not dealing with an abutter.
Robert Carroll, an abutter from directly across the street, explained that he has a drainage
easement next to his property which extends across the street and right down the
easement which abuts this property, and there is no way anyone can do anything on this
property.
The Board agreed with the Building Inspector and stated that Nick's reading on this
variance was correct. The variance was not specific as to the height of the addition; this
is something that the Board has been trying to address in more recent decisions.
Mr. DeTrolio stated that he is against this modification. The Board intended for this to be
a one-story garage, even though it was not stated in the decision. Further, they will be
turning this proposed second story addition into a room and he doesn't think that this
should be granted.
Hearing closed at 7:55 p.m.
A Motion was made by Mr. Rapoza and seconded by Mr. Mackie to approve the variance
with a height modification with the condition that the addition is not more than 4 feet
higher than existing house. Variance approved 4-1. All in favor (Vultaggio, Garber-
Miller, Mackie, Rapoza); All opposed (DeTrolio). Discussion: Mackie stated that even
though he voted against it last time and it is too close to the property line; they do have a
variance and it would be more attractive to the neighborhood. Ms. Garber-Miller stated
that she has been bothered by this Variance since she voted for it last time, but since she
approved it the first time, she will not change her mind. Mr. DeTrolio stated that he
voted positive last time, but he will not make the same mistake twice.
MINUTES OF FEBRUARY 17.2009
Pa2e 3 of 4
The discussion with George and Lisa Chalifoux of Jakes Way was continued at 8:00 p.m.
Mr. DeTrolio was concerned with the financing and the construction of the proposed
addition and whether or not they were allowed to build it. The applicants did the research
and they got the correct answers. Ms. Garber-Miller stated that she wanted this continued
until tonight's meeting in order to wait for Mr. Vultaggio to discuss whether his prior
discussions with Nick Riccio.
The housing authorities stated to the Chalifouxs that they do make some allowances for
small capital improvement. The Board wanted to take the position that any
improvements in regard to the 40B developments should come before the Board to
determine whether the change is or is not substantial to the comprehensive permit. The
Board did note that in the comprehensive permit there are some listed allowable
expansions, and that overall, the applicant in considering modifications to the special
permit is the developer not the individual homeowners.
Ms. Garber-Miller explained to the applicants that she feels the need to ask a lot of
questions because this is the first 40B expansion to come before us and the Board needs
to do this correctly in case anyone else comes before us.
Mr. Vultaggio stated that the Board needs to cover ourselves and make certain that any
change that is approved is not in violation of our bylaws. Mr. Vultaggio also expressed
that every change should come before the Building Inspector in every instance. Mr.
Vultaggio indicated that the Board needs to make certain that the decision is tied to the
plan that has been presented. The Board also needs to insure that it is determined
whether or not any proposed change is a substantial change requiring a public hearing. A
Decision should be prepared and it should say that the proposed change is not substantial
and that this is a modification to the comprehensive permit to an individual house lot at
49 Jakes Way.
A motion was made by Ms. Garber-Miller and seconded by Mackie that the Zoning
Board finds that the addition proposed by the applicant not a substantial change to the
comprehensive permit and that the Board approves the proposed Modification of 49 Jakes
Way in the Baybrook Village 40B project pursuant to the plan dated February 2, 2009.
The Board further found that this is not a substantial change to the Bay Brook
Comprehensive Permit and that the proposed addition complies with all the dimensional
requirements, all the conditions within the comprehensive permit and with the Mansfield
Zoning By-Laws. Unanimously approved
MINUTES OF FEBRUARY 17.2009
Pa2e 4 of 4
A Motion was made by Mr. Rapoza and seconded by Mr. DeTrolio to adjourn this
meeting at 9:30 p.m. Unanimously approved.
Respectfully: submitted, .
~~.~
Elisabeth Garber-Miller,
Clerk