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HomeMy WebLinkAboutminofzba09202011 TOWN OF MANSFIELD ZONING BOARD OF APPEALS 20B tlOV '8 A \0: 28 MINUTES SEPTEMBER 20, 2011 ~'lANSFIElO ~1i\SS i'\CHUSETTS 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; Peter DeTrolio; Associate Member, David Luca. HECEIVED TO\{~jIN CLERKS OFFICE \1. ... MeefingcaHedto order at 7:30 pm. I 2. Jeanne Franzen, 28 Jake's Way, Map 32, Parcel 211. The application is for a Variance from Section 4.2.1 Rear Yard Setback of the Zoning By-law for the construction of a deck with less than the required rear yard setback around an existing above-ground pool at 28 Jake's Way in the Residential R1 (R1) Zone. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and the plan, "Proposed Deck Addition at HSE. NO. 28 Jake's Way, dated August 17, 2011 and stamped by Craig E. Cygawnoski, Professional Land Surveyor was labeled as Exhibit "C". Jeanne Franzen and Dave DeVito, the property owners, were present. There was no letter from the Planning Board. Ms. Franzen told the board the deck will be 10.2 feet from the property line and will be attached to the existing deck. Mr. Vultaggio questioned the measurements for the pool and the proposed deck. The plan shows the existing pool to be 21.2 feet from the rear property line and the proposed deck to be 10.2 feet from the property line. Both are shown approximately in the same location. Instead of placing the proposed deck on the side of the pool, Ms. Garber-Miller suggested the applicant place the deck between the existing deck and pool, making the proposed project less intrusive as far as the By-law is concerned. Mr. Vultaggio asked that the hearing be continued to the October meeting so the applicant can go back to RIM Engineering for clarification of the measurements and possible re-Iocation of the deck. Because 28 Jake's Way is in a 40B subdivision, Mr. Vultaggio asked that Nicholas Riccio, Inspector of Building and Zoning Enforcement Officer, check the plot plan of the subdivision to make sure all decks in the subdivision were legally built. 1 .. The hearing was continued to October 18, 2011; the applicant is to let the board know if they required additional time for the revised plan. I 3. Ku rt lamar, 60 Pine Street, Map 1, Parcel 21. The application is for a Finding from Section 3.10.4, Non-Conforming Uses, ofthe Zoning By- Law for the construction of an addition to a pre-existing, non-conforming house at 60 Pine 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, "Zoning Plan 60 Pine Street", dated August 15, 2011 and stamped and signed by Michael Trowbridge, Registered Professional Land Surveyor was labeled as Exhibit "C" Mr. Lamar, the property owner, was present. There was no letter from the Planning Board. Mr. Lamar told the board he wants to add a family room with a master bedroom. He said the house is only four feet from the property line and the property line is approximately twelve feet from the edge of Pine Street. The proposed addition will be set back from the property line by twenty feet, putting the addition approximately thirty-two feet from the edge of Pine Street. Kenneth Parsons of 423 Williams Street, an immediate abutter to Mr. Lamar, said he and his wife have no concerns or issues with the request and asked that the board grant the Finding. Hearing ended at 8:02 pm. Mr. Mackie made the motion that the change to the property is an existing non-conforming condition. Mr. Shannon seconded the motion. Motion passed 5-0-0. Mr. Mackie made a second motion that the change to the pre-existing non-conforming condition is no more detrimental than the existing non-conformity. Mr. Shannon seconded the motion. Motion passed 5-0-0. I 4. Glen and Kristina Piro, 8 Pheasant Hollow Drive, Map 3, Parcel 280. The application is for a Variance from Section 4.2.1 Side Yard Setback of the Zoning By-law for the construction of a porch with less than the required side yard setback at 8 Pheasant Hollow Drive in the Residential R1 (R1) Zone. The application was labeled as Exhibit "A"; a newspaper advertisement was labeled as Exhibit "B"; and the plan, "Zoning Plan 8 Pheasant Hollow Drive, dated August 10, 2011, stamped and signed by Michael Trowbridge, Registered Professional Land Surveyor was labeled as Exhibit "C". 2 .. Ms. Piro, the homeowner, was present. There was no letter from the Planning Board. Ms. Piro told ,the board the front of the house is actually facing the side yard. The proposed porch and stairs will be approximately seventeen feet from the side yard property line. The existing stairs from the house are nineteen feet from the lot line. The porch will be eight feet wide. The unique shape of the land makes it difficult to add onto the house; the lot is extremely narrow. Ms. Piro told the board she has spoken to Mr. and Mrs. Chiocco of 12 Pheasant Hollow Drive and Mr. and Mrs. Taylor of 4 Pheasant Hollow Drive, abutters to her property; they have no objection to the project. Mr. John Stanovitch of 91 Otis Street, an abutter to Ms Piro's property, said he has no objection to the addition of the porch. He said it would be an enhancement to the neighborhood. Mr. Mackie made the motion to grant a Variance to the property to add a farmer's porch as shown on the plan. Mr. Shannon seconded the motion. Discussion: Ms. Garber-Miller said the slope and the odd shape of the lot make it difficult to add on to the house. Motion passed 5-0-0. Hearing ended at 8:09 pm. Is.WilliamAl5ertil'liand KarenGalanti, 329 FrahklinStreet, Map 38, Parcel 22. The application is for a Variance from Sections 4.2.1 and 3.8.1 of the Zoning By-Law for the construction of a detached accessory structure less than five feet from the principal building and with less than the required rear yard setback at 329 Franklin 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, "Existing Detached Garage Addition at HSE. NO. 329 Franklin Street in Mansfield, MA, dated August 22, 2011 and stamped by Craig E. Cygawnoski, Professional Land Surveyor, was labeled as Exhibit "C". There was no letter from the Planning Board. 3 .. Mr. Albertini and Ms. Galanti were granted a Variance from the board in January 2011 for a detached one-car garage. The project was started, but unfortunately the applicants ran into major problems with the contractor and as of August 17th have terminated the contract. While Mr. Albertini and Ms. Galanti were on vacation in July, the foundation for the garage was put in by the original contractor. When RIM Engineering went to do an as built so the bank would release the funds for the project, it was discovered the foundation had been put in the wrong place. The foundation was supposed to be five feet from the property line but when the excavation for the foundation was done, the contractors ran into a huge, unmovable boulder and ledge so they moved the garage forward. The foundation is now three and one half feet at the closest point to the side yard property line. A new contractor has been hired and the garage has been framed. Mr. Albertini asked the board to approve another Variance to allow them to proceed with the project and so the bank can release the funds needed to continue the project. Mr. DeTrolio made the motion to approve the Variance for 329 Franklin Street. Mr. Shannon seconded the motion. Motion passed 5-0-0. I 6. Old Business: The Church of St. John the Evangelist, located at 43-47 High Street, withdrew without prejudice the application for a variance at 47 High Street. 26 Donald Allen Drive: Mr. Matthew Quinn withdrew without prejudice his application for a variance for a deck. He asked that the fee be reimbursed since the incomplete application should never have been accepted. At the August 16, 2011 meeting the board voted to deny Mr. Quinn's request to return his $150.00 filing fee. The board re-affirmed the vote to deny the request to refund the filing fee because basic expenses were incurred, a hearing was convened and the hearing continued because he did not have the proper documentation. The following decisions were signed by the board: 438 School Street (Finding), 1787 West Street (Finding) and 109-111 Chauncy Street (Variance). Mr. Shannon made the motion to accept the minutes of August 16, 2011 as written. Ms. Garber-Miller seconded the motion. Motion passed 5-0-0. Mr. Luca made the motion to amend the minutes: page 4, second to last paragraph - change 150,000 square feet to 15,000 square feet. 4 ... Mr. Shannon seconded the motion. Motion passed 5-0-0. Mr. Luca made the motion to amend the minutes: page 5 first paragraph - change 150,000 square feet to 15,000 square feet. Ms. Garber-Miller seconded the motion. Motion passed 5-0-0. Mr. Mackie signed the May 2010 minutes. I 7. Adjournment: Mr. Mackie made the motion to adjourn at 8:40 pm. Mr. Luca seconded the motion. Motion passed 5-0. Next meeting will be October 18, 2011 7';'~.L -:;twYR-, Elisabet Garber-Miller, Clerk Date 5 ...