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HomeMy WebLinkAboutminofzba07192011 TOWN OF MANSFIELD ZONING BOARD OF APPEALS MINUTES JULY 19, 2011 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; Peter DeTrolio; Associate Member, David Luca. 11. Meeting called to order at 7:30 pm. Mr. Vultaggio appointed David Luca, Associate Member, a voting member for tonight's hearings. I 2. . Donna M. Snow and Donna J. peck, 438 School Street, Map 12, Parcel 50j The application is for a Variance from Section 4.2.1, Rear Yard Setback, of the Zoning By-Law Frontage and l.5.17a, Lot Width, of the Zoning By-Law for a deck expansion that will result in less than the required rear yard setback at 438 School Street in the Residential 1 (R1) Zone. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and the plan, stamped by William R. Buckley, Professional Land Surveyor, File #87521 and GIS Map, dated August 6, 2011 and labeled as Exhibit "C". A Planning Board letter was not submitted. The applicants want to extend the existing deck 6 feet towards the rear property line. With the addition to the deck, the rear yard setback will be 39 feet; they do not have the 40 foot distance required. The rear property line is bordered by town land and DEP wetlands. Donna Snow was present. Mr. Vultaggio told Ms. Snow she would need to submit a certified plan, signed by an engineer, showing the existing conditions of the property and the proposed project. The plan should have the dimensions of the existing deck and the proposed deck showing the distance from the side and rear property lines. The hearing will be continued to the August 16, 2011 meeting; Ms. Snow is to let the Board know when the new plans are completed so if necessary the hearing can be continued to the September meeting. Hearing ended at 7:40 pm. I 3. Helen Sauvageau, 220 Plain Street, Map 4, Parcel 74. The application is for a Finding from Section 4.2.1 of the Zoning By-Law for the construction of a deck with less than the required side yard setback at a pre-existing, non-conforming single-family structure at 220 Plain Street in the Residential 1 (R1) Zone. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and the plan, "Plot Plan in Mansfield, Bristol County Massachusetts, prepared for Helen Sauvageau, 220 Plain Street, .. ..,...,.----..., Mansfield, MA 02048", dated June 22, 2011, Tilton and Associates, Inc., 81 John Dietsch Boulevard, North Attleborough, MA 02761, was labeled as Exhibit "C". A Planning Board letter was not submitted. Helen Sauvageau, the homeowner, was present. Mrs. Sauvageau explained she wants to replace a deteriorated and unsafe concrete platform, deck, loose railings and steps on the back of the house with a six foot wide, twenty-four foot long Trex deck and five foot wide steps from the deck to ground level. The replacement deck and steps will not encroach further into the sideyard setback than the existing house or become a detriment to the public. Mrs. Sauvageau explained because the lot is narrow, it would be impossible to conform to the Zoning By- Law sideyard setback requirements. Mrs. Sauvageau told the Board the Conservation Commission has already approved the Notice of Intent to construct the deck. The appeal period has expired and the Order of Conditions, issued on May 16, 2011, has been recorded at the Registry of Deeds. A copy of the Order of Conditions, the registry recording and a copy of the plan, "Sketch to Accompany Notice of Intent Application in Mansfield Massachusetts, prepared for Helen Sauvageau, 220 Plain Street, Mansfield, MA 02048", dated May 2, 2011 and prepared by Tilton and Associates, Inc., 81 John Dietsch Boulevard, North Attleborough, MA 02761, were included with the Zoning Board application. This plan shows the replacement deck will not encroach into the sideyard setback any more than the existing house. Ms. Garber-Miller made the motion to find that the proposed deck addition is an increase in the non- conformity. Mr. Mackie seconded the motion. The motion passed 5-0-0. Ms. Garber-Miller made the motion that the increase in the non-conformity is not more detrimental to the neighborhood than the existing non-conformity. Mr. Mackie seconded the motion. The motion passed 5-0-0. Hearing ended at 8:00 pm. 4. Matthew Quinn, 26 Donald Allen Drive, Map 39, Parcel 368. The application is for a Variance from Section 4.2.1, Side Yard Setback, df the Zoning By-Law, for the construction of a deck between the existing house and the existing pool t~at will result in less than the required side yard setback at 26 Donald Allen Drive in the Residential 1 (R1) Zone. The application was labeled as Exhibit "A"; a newspaper advertisement was I~beled as Exhibit "B"; and the plan, "Mortgage Inspection Plan", dated July 2, 2007, American Surveying Cpmpany of Boston, Inc., 1264 Main Street, Waltham, MA 02451, was labeled as Exhibit "CfI. A Planning Board letter was not submitted. Matthew Quinn, the homeowner, was present. 2 - Mr. Quinn is seeking a Variance to allow an existing pool, located 16 feeti from the property line, to be connected to the house by a 16'x14' deck with a 3'x5' entrance deck. By ad~ing the deck, the Zoning Laws for the pool change; with the attached deck, the pool becomes part of the house requiring a 25 foot building setback. I Mr. Quinn was told he would need to have the property surveyed and ~ubmit a plan, stamped by an engineer. The plan needs to show the exact location of the pool and the di)stances from the side and rear property lines i I I Mr. Vultaggio asked Mr. Quinn if the pool could be moved approximatelly 10 ft. to the center of the property. Mr. Quinn said no because of the cost. i The hearing was continued to the August 16, 2011 meeting. Mr. Quinn is t9 let the board know if he needs to continue beyond the August meeting. Hearing ended at 8: 10 pm. I 5. New Business: The board discussed the Mansfield Housing Corporation in regards to Jake's [Way. I 6. Adjournment: Meeting adjourned at 8:25 pm (DeTroliojMackiej5-0) Next meeting: August 16, 2011 at 7:30 pm. ~~ Signature 0 Clerk ~'J(P /1 Date 3 ., ''',,_.<._-