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TOWN OF MANSFIELD
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ZONING BOARD OF APPEALS
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MINUTES
JUNE 2. 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; Dave Rapoza; and Philip Shannon, Associate
Member.
Mr. Shannon was appointed voting member in place ofMr. Mackie for this hearing.
The application of James and Carolyn Kipp for a Variance from Section 4.2.1 of the
Zoning By-Law for the construction of a deck with less than the required rear yard
setbacks at 15 Jason Lane 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"; and a Zoning Board Plan 15 Jason Lane dated May 5,2009 and prepared by
Hutchins-Trowbridge Associates, Inc., 200 Chauncy Street, Mansfield, MA, was labeled
as Exhibit "C. 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 positive
recommendation on this application because it is a minimal intrusion into the setback. If
you have any questions, please contact the Planning Department. H. Thomas French, Jr.,
Chairman. "
Mr. Kipp explained that currently they have a small deck that is deteriorating. They
would like to rebuild a new deck with maintenance-free materials and expand the size to
approximately 16'x 12'.
The Board discussed whether this should be a variance or a finding. The Board decided
it should be a Finding.
The hearing was closed at 7:35 p.m.
A motion was made by Ms. Garber-Miller and seconded by Mr. Rapoza that this
proposed addition constitutes an extension of a pre-existing, non-conforming structure
(approved 5-0-0). A second motion was made by Ms. Garber-Miller and seconded by
Mr. Rapoza that the proposed addition is not more detrimental to the neighborhood than
the existing non-conformity (approved 4-0). Finding Granted (4-0) (Vultaggio, Garber-
Miller, Rapoza, Shannon).
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MINUTES OF JUNE 2. 2009
Page 2 of
The Board discussed the houses on West Street that is being sold in connection with
Fairfield. They both have offers in, but one of them is in such bad condition that it needs
about $70,000.00 worth of work. The question is if they can be sold at fair market value,
which will mean more money for us.
The Board discussed if they could approve it with only four members. A motion was
made by Mr. Rapoza and seconded by Mr. Shannon to remove any restrictions that the
houses can be sold as affordable units and the increase is not more detrimental to the
neighborhood. Motion unanimously approved.
A motion to adjourn was made by Mr. Shannon and seconded by Mr. Rapoza to Adjourn.
The meeting was adjourned at 9:30 P.M.
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Elisabeth Garber-Miller,
Clerk