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HomeMy WebLinkAboutminofzba03152011 . RECEIVED faWN CLERKS OFFICE 2011 HAY 20 A D 1&3 MANSFIELD MASSACHUSETTS The Zoning Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA at 7:30 pm. Present at the hearing were the following members: Jack Vultaggio, Chairman; Elisabeth Garber-Miller, Clerk; Kevin Mackie; Philip Shannon. TOWN OF MANSFIELD ZONING BOARD OF APPEALS MINUTES MARCH 15, 2011 11. Meeting called to order at 7:38 pm. I 2. 239 Winter Street.~ Andrew and Mileva.Chmielewski, Map 40, Parcel 186 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 setback and an accessory building with less than the required 10 feet from a primary building at 239 Winter Street in the 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 in Mansfield, MA, dated August 25, 2010 and prepared by RIM Engineering Co., Inc., Mansfield, MA and labeled as Exhibit "C". Mr. Chmielewski, bye-mail, has requested a continuance of several months. Ms. Garber-Miller said she was concerned the 100 day requirement has passed. Mr. Chmielewski filed September 15,2010. Mr. Vultaggio will develop a form letter to be signed by an applicant who is requesting and needs to continue their hearing. The form will be sent to Mr. Chmielewski to sign. I 3. Omari and Tina Walker, 5 Black Pond Road, Map 3, Parcel 130. The application is 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 yard and side yard setbacks at 5 Black Pond Road in the Residential 1 (R1) Zone. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and Zoning Plan 5 Black Pond Road, dated January 7, 2010 and revised December 14, 2010 and prepared by Hutchins Trowbridge Associates, Inc., 200 Chauncy Street, Mansfield, MA was labeled as Exhibit "C". There was no letter from the Planning Board. Because there were only four board members present, Mr. Vultaggio asked Mr. Walker if he would prefer to continue to the next hearing date, April 12, 2011. Mr. Vultaggio told him he would have to have a unanimous vote, 4-0, to be approved for the project. If the variance is denied, Mr. Walker .. would have to wait two years to re-apply. Mr. Walker said he would like to go forward with the hearing. Ms. Garber-Miller read a March 14,2011 letter from Audre Emmanuel of 1814 West Street, who is concerned the proposed addition will negatively affect her property. She is not in favor of the project and would like the required setbacks adhered to. Ms. Garber-Miller read a March 14, 2011 from Charles Antonuccio of 11 Black Pond Road. Mr. Antonuccio said he had been a neighbor of Mr. Walker's parent since 1991. He said he has reviewed the plans and is comfortable with the proposed addition/garage as long as Mr. Walker installs a new fence between the two properties. Mr. Walker told the board the house was constructed in 1972 and his parents bought the house in 1991; he said he has owned the property since 2001. He told the board his family needs additional living space and larger bedrooms. Mr. Mackie said there are multiple issues with this property. The property appears to be non- conforming because there is an above-ground pool with a 16 ft. deck attached. Mr. Walker said the deck was there when his parents bought the house and the pool was added in 2001. Mr. Vultaggio explained attached structures have different setback requirements than detached structures. If the pool isn't attached to the house, it can be 5 ft. from the lot line. Mr. Walker told the board the pool is not attached to the deck. Mr. Vultaggio said in that case, the application should have been for a finding rather than a variance. Ms. Garber Miller agreed it should be a finding because of the number of existing non-conformities on the property. The board decided to proceed with a finding. Mr. Walker told the board there will be a second-floor addition and a two-car garage. Mr.Vultaggio said he would have to submit a plan with the elevations shown. An elevation plan was shown to the board. Mr. Shannon said he did not have a problem with the project. Mr. Vultaggio asked Mr. Walker if the deck would be removed or would the addition be built over the deck. Mr. Walker said the deck will be removed and the addition built in that location. Ms. Garber-Miller asked if the abutter was aware the project is for a second-story addition. Mr. Walker said Mr. Antonuccio is aware of the project and has reviewed the plans. Ms. Garber-Miller told him the second-story addition will have to meet the height requirement of the Zoning By-law. Mr. Vultaggio asked if Mr. Walker plans to put up a fence. Mr. Walker will be installing a fence. Mr. Mackie asked if Mr. Walker had looked at alternatives to the addition that would not require a filing with the Zoning Board. Mr. Walker said they had looked at putting the addition on the other side of the house but the interior reconfiguration would mean going through bedrooms to access the kitchen area. He said they thought of moving, but they do not want to leave the neighborhood. IIf Mr. Mackie made the motion that the addition of the garage and the additional story to the property is an increase to a pre-existing non-conforming condition. Mr. Shannon seconded the motion. Motion passed 4-0-0. Mr. Mackie proposed a motion that the change to the property by adding the garage and the additional story to the home is no more detrimental to the neighborhood than the current use. Ms. Garber-Miller seconded the motion. Motion passed 4-0-0. Mr. Vultaggio asked the following be added to the decision: because the applicant is adding a second floor to the house, the addition must comply with the current height restrictions. Mr. Walker will submit a copy of the elevation plan for the file. I 4. Old Business: The board signed the decision for Lots 126 and 127 Maple Street, Map 38, Parcel 46. Mr. Mackie made the motion to approve the minutes of February 15,2011. Mr. Shannon seconded the motion. Motion passed 4-0-0. I 5. Adjournment Mr. Shannon made the motion to adjourn at 8:30 pm. Ms. Garber-Miller seconded the motion. Motion passed 4-0-0. Next meeting: April 12, 2011 at 7:30 pm. ~.~ Signature of Clerk 4 '/~. I J Date of Approval IIf