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HomeMy WebLinkAboutminofzba09212010 TOWN OF MANSFIELD ZONING BOARD OF APPEALS MINUTES SEPTEMBER 21.2010 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; Kevin Mackie; and Phil Shannon, Associate Member. The quorum situation was discussed with the applicants, since only four (4) members were present, and a unanimous vote would be required to grant variance requests. The applicants had the option to go forward tonight or continue the hearing until the next meeting. Mr. Shannon was appointed voting member for this meeting in place of Mr. Rapoza. The application of Scott Vajgrt for a Finding from Section 4.2.1 of the Zoning By-Law for the enclosure of a screen porch on top of a pre-existing porch with less than the required front and side yard setbacks at 253 Oakland Street in the 1-2 began at 7:40 P.M. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Zoning Plan 253 Oakland Street dated August 5, 2010 and prepared by Hutchins-Trowbridge Associates, Inc., Mansfield, MA, was labeled as Exhibit "C". There was no letter from the Planning Board. Scott V ajgrt introduced himself. He reported he intended enclose a portion of the existing porch. He explained that he wants to bring the roof to the end of the existing deck and add a small screened porch over the existing porch for the section in question. Hearing closed at 7:35 p.m. A motion was made by Mr. Mackie and seconded by Ms. Garber-Miller that existing dwelling is a pre-existing, non-conforming structure (approved 4-0); a motion was made by Mr. Mackie and seconded by Ms. Garber-Miller that the proposed addition is not more detrimental to the neighborhood than the existing non-conformity (approved 4-0); The motion was unanimously granted 4-0. (Vultaggio, Garber-Miller, Mackie, Shannon). - f._' ! {-,:- ,') r- :- MINUTES OF SEPTEMBER 21.2010 Pae:e 2 of 4 The application of Michael and Janet Eagan for a Variance from Section 4.2.1 of the Zoning By-Law for the construction of an addition with less than the required front and rear yard setbacks at 63 Pleasant Street in the R-3 Zone began at 7:45 P.M. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Zoning Plan 63 Pleasant Street dated August 11,2010 and prepared by Hutchins-Trowbridge Associates, Inc., Mansfield, MA, was labeled as Exhibit "C". There was no letter from the Planning Board. Michael Eagan introduced himself and explained that his wife Janet's parents built the house in 1954. His mother-in-law just went into assisted living and they decided to move back to the house that his wife grew up in. The Pleasant Street neighborhood is very nice and they want to move to Janet's old home which is approximately 2000 square feet. They now live on Willow Street in a large house and it is just the two of them and the house is too large for them now. They plan on updating the house and adding a two car garage to the home. He spoke with the neighbors and they were very supportive. The addition will just be a garage with no room above and the driveway will be closer to the house than it is now. The Board explained that since this is a comer lot, the rear yard is a finding so this is less of a standard because you are already encroaching, but it was advertised as a Variance, so it can be approved as a variance. Ms. Garber-Miller read a letter into the record dated 9/4110. "To whom it may concern: I will be unavailable for the ZBA meeting on 9/21/10. I do support request of Michael and Janet Eagan for the Variance. Sincerely, Meredith Prest, 71 Pleasant Street, Mansfield, MA.". Hearing closed at 7:50 p.m. A motion was made by Mr. Mackie and seconded by Ms. Garber-Miller to grant the Variance for a two car-garage as shown on the plan for a side yard and rear yard setbacks. The motion was unanimously granted 4-0. (Vultaggio, Garber-Miller, Mackie, Shannon). The application of Jo Bruce Wilson for a Variance from Section 4.2.1 of the Zoning By- Law for the construction of a proposed cantilevered addition on the second story of an existing house with less than the required front yard setbacks at 34 Colonial Drive in the R-I Zone began at 8:00 P.M. '111 MINUTES OF SEPTEMBER 21.2010 Paec 3 of 4 The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Proposed Addition Plan dated August 12, 2010 and prepared by GW Site Solutions, Inc., 248 Elm Street, Blackstone, MA 01504, was labeled as Exhibit "C". There was no letter from the Planning Board. The Builder introduced himself and explained that his is proposing a 3' x 12' cantilevered addition to the front of the house on the second floor. The Board requested new plans from the applicant for the addition and stairs. Hearing closed at 8:10 p.m. A motion was made by Mr. Mackie and seconded by Ms. Garber-Miller to grant the Variance for the construction of a second story bump out addition with the condition that new plans are submitted showing the stairs and showing measurements from the stairs and bump out to the lot line. The motion was unanimously granted 4-0. (Vultaggio, Garber-Miller, Mackie, Shannon). Mr. Vultaggio explained the quorum situation to Mr. Horn. Mr. Horn requested to go forward tonight. The application of Jeffrey & Karen Horn for a Variance from Section 4.2.1 of the Zoning By-Law for the construction of a proposed deck, connecting the existing deck leaving the existing above-ground pool with less than the required rear yard setback at 14 Millstone Court in the R-l Zone began at 8:15 P.M. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and a Zoning Plan 14 Millstone Court dated August 27,2010 and prepared by Hutchins-Trowbridge Associates, Inc., Mansfield, MA, was labeled as Exhibit "C". There was no letter from the Planning Board. Mr. Horn explained that he would like to connect the existing pool to the existing deck He further explained that he had his basement done and was very pleased with the contractor that he hired him to build his deck. They started the rough framing. The contractor was then informed when he went to pull the permit that he needed a variance and was very sorry for not realizing this before. The deck is just being supported but not posted with final posts. ,-., MINUTES OF SEPTEMBER 21.2010 Pae:e 4 of 4 The Board explained to Mr. Horn that the problem is that when he attaches the house to the pool it makes it the pool part of the house and therefore, non-conforming. They also requested that the applicant check with Mr. Riccio and the Planning Board regarding this issue since this is a cluster development and the set backs may well be different. The plan does not delineate the set backs. The applicant requested a continuance in writing for the October 5th Meeting. Hearing closed at 8:30 p.m. Mr. Valanzola introduced himself and stated that since there is not a quorum for tonight's meeting, he would like to request a continuance of the Spring Street Mill at 68 Spring Street until October 5, 2010. A motion to continue the Spring Street hearing was approved. The meeting was adjourned at 9:15 p.m. Respectfully submitted, ~t<~');1,JJQ~ Elisabeth Garber-Miller, Clerk m