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HomeMy WebLinkAboutminofzba01182011 RECEIVED TOWN CLERKS OFFICE 2011 MAR 2q A fO: 34 The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfiel~t ?:30 pm. Present at the hearing were the following members: Jack Vultaggio, Chairrl}..;~slfkarber- Miller, Clerk; Peter DeTrolio; Kevin Mackie; Philip Shannon. . '" OSETTS ZONING BOARD OF APPEALS MINUTES JANUARY 18, 2011 11. 239 Winter Street, Andrew and Mileva Chmielewski. The application is for a Variance from Section 4.2.1 of the Zoning By-law for the construction of a proposed carport with less than the required side yard set back and an accessory building with less than the required 10 ft. from a primary building at 239 Winter Street in the Residential 1 (R-1) Zone. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and "Proposed Carport at Hse. No. 239 Winter Street", dated August 25, 2010 and prepared by RIM Engineering Co., Inc., 150 North Main Street, Mansfield, MA and labeled as Exhibit "C". Mr. Chmielewski has requested a continuance to March 15, 2011. The board asked that a letter be sent to Mr. Chmielewski. I 2. 329 Franklin Street, William Albertini and Karen Galanti The application is for a Variance from Sections 4.2.1 and 3.8.1A of the Zoning By-law for the construction of a garage less than ten feet from the principal building and with less than the required side yard setback at 329 Franklin Street in the Residential 1 CRl) Zone. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and "Proposed Garage Addition at Hse. No. 329 Franklin Street", dated December 27, 2010 and prepared by RIM Engineering Co., Inc., 150 North Main Street, Mansfield, MA and labeled as Exhibit "C". A recommendation letter from the Planning Board was not submitted; the Planning Board has not met since the filing. William Albertini and Karen Galanti, the homeowners, were present. Mr. Albertini told the board the house is actually a barn, built in 1832, with a dirt cellar with a crawlspace. The cellar is small, with room for the furnace and oil burner only. An old storage shed on the property is in disrepair and the existing enclosed porch, also used for storage, has been removed for the addition. Mr. Albertini told the board plans had been drawn up for a new kitchen and bath and a two-car garage with extra storage. It was determined that there was not enough room for the two-car garage so a one-car garage with a storage area was planned. 1 .... Mr. Albertini said after the foundation was done, it was discovered that the planned garage would be less than the 10 foot requirement between the addition and the garage due to a mistake in measurements. He contacted the building department and was told he would need a variance because the garage would be less than 10 ft. from the addition. He was also told he needed a variance because he did not meet the side yard set back. Mr. Albertini told the board they have already removed trees and the excavation and foundation have been done. Kevin Mackie asked if the garage would be detached; on the plan the house and garage appear to be attached. He told Mr. Albertini he did not need relief from the side yard set backs if it is a detached garage; he is 5.4 ft. from the side property line. Mr. Albertini was told he needed a variance from the set back from the house to the garage; he is only 9.0 ft.-9.6 ft. from the house. Elisabeth Garber-Miller asked why, when they were designing the addition and garage, they did not move the whole project back further on the property. Ms. Galanti said they live in one of the highest elevation areas in the Town of Mansfield, 188 ft. at the highest point. She said the house is located on a hill. They have already cut into the hillside 4V2 ft. to level the area for the garage. If they moved the garage back, it would require more of the hillside along with mature trees be removed. Jack Vultaggio would like a new plan submitted showing the garage is actually detached from the house. Kevin Mackie made the motion to approve a variance from Section 3.8.1A of the Zoning By-law for the set back from the primary residence as shown on the plan dated December 27, 2010 with the stipulation that an updated plan be submitted showing no boxed in area between the house and the garage. Elisabeth Garber-Miller seconded the motion. Jack Vultaggio asked that the motion be changed to read "a variance for a detached garage". Ms. Galanti told the board the insert on the plan gives the measurements of the garage as 28.0'x18.0'. She said the actual measurements are 26.0'x18.0". Jack Vultaggio asked that the measurements be corrected. He told Mr. Albertini if there are any changes to the plan approved tonight, the board needs to be notified. The decision can not be signed until the new plan is submitted with the changes - correct measurements of the garage and the plan showing the garage detached from the house. Motion passed 5-0-0 I 3. New Business Kevin Mackie made the motion to approve the minutes of October 19, 2010, November 16, 2010 and December 14, 2010. Elisabeth Garber-Miller seconded the motion. Motion passed 5-0-0. 2 - Reorganization: Kevin Mackie nominated Elisabeth Garber-Miller for clerk. Philip Shannon seconded the motion. Motion passed 5-0. Elisabeth Garber-Miller nominated Jack Vultaggio for chairman. Kevin Mackie seconded the motion. Motion passed 5-0. I 4. Adjournment Motion: To adjourn at 8:05 pm (Shannon/Mackie). All in favor. PASSES. Date of next meeting: February 15, 2011 at 7:30 pm. ~~~ Signature of Clerk 3 n P. . IS""' 1/ Date of Submission