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Zoning Board of Appeals Stoughton, Massachusetts Minutes January 19, 2017

Chairman Epro called the meeting to order at 7:30 PM.

Present from the Board were Sherman Epro, Chairman, Gary Ilacqua, Vice Chairman, Marguerite Mitchell, Secretary, Daniel Pessia, and Steven Argentieri. Alternates Stanley Zoll, and Shane McNeill were also present, and Thomas McGrath, Inspector/Zoning Commissioner was present at the meeting.

On a motion made by Mr. Ilacqua and seconded by Daniel Pessia, it was so voted unanimously to open the meeting.

Case #4187 Michelle and Paul Carmichael Property address: 96 Ewing Drive, Special Permit – nonconforming structure in order to construct a Board members present for the case are listed above. Also present were Thomas McGrath, Building Commissioner/Zoning Officer, applicants Paul and Michelle Carmichael, Carol Distefano, 194 Tosca Drive

Mr. Epro read the legal ad into record published in the Stoughton Journal December 30, 2016 and January 6, 2017. He also read a letter of correspondence from Michelle Carmichael giving Carol Distefano permission to go in front of the zoning board regarding their special permit to build a over hang over their front landing.

Mr. Ilacqua made a motion to open case #4187 and waive the reading of the abutters and take the answers to question eight as they appear. The motion was seconded by Mr. Pessia and so voted unanimously.

Shane McNeil announced that he was going to remove himself from this case.

Carol Distefano explained that she was going to be building a 5x6 over hang portico over the Carmichaels front landing.

Mrs. Mitchell made a motion that the proposed construction of the roof overhang portico will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The motion was seconded my Mr. Ilacqua. It was so voted unanimously.

Mrs. Mitchell made a motion to draft the decision to issue a special permit without finding. The motion was seconded by Mr. Ilacqua and so voted unanimously.

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Case # 4188 Adam and Erika Thornton, Property address 72 Lelland Road, Variance – Relative to relief of front setback in order to construct an addition.

Board members present for the case are listed above. Also present were Thomas McGrath, Building Commissioner/Zoning Officer, applicants Adam and Erika Thornton

Mr. Epro read the legal ad into record published in the Stoughton Journal December 30, 2016 and January 6, 2017.

Mr. Ilacqua announced that he was going to remove himself from this case.

Mr. Pessia made a motion to open case #4188.The motion was seconded by Mrs. Mitchell and so voted unanimously.

Mrs. Mitchell made a motion to waive the reading of the abutters and take the answers to question nine as they appear. The motion was seconded my Mr. Pessia and so voted unanimously.

Mrs. and Mr. Thornton explained that they would like to increase the size of their by building a 32 x 26 addition that would increase the , add a master , and . They explained that they are on a corner lot and they are over by 6 feet which is why they need the variance.

Mrs. Mitchell asked them to identify something unique about their property to create a need for the addition to be where they wanted it. Mrs. Thornton felt the shape was unique and the addition had to be on that side due to two on the other side.

Mr. and Mrs. Thornton gave Mr. Epro a letter signed by their neighbors stating they were all in favor of the addition.

Mr. Argentieri made a motion to draft a decision to grant the variance for 6 feet from the front set back requirement in the RC zone to construct an addition at 72 Lelland Road. Certain conditions associated with that include the variance must be exercised within one year of its final effect or it shall lapse in according to the timeframe set forth in 40A. Any modifications to this plan must be approved in advance by the Zoning Board of Appeals. Decisions shall not be interpreted to grant relief that wasn’t specifically requested. No building occupancy or other building permit shall be issued unless the petitioner has filed proof with the Board of recording the decision at the Norfolk County Registry of Deeds. The motion was seconded by Mr. Pessia and so voted unanimously.

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Decisions Mr. Ilacqua made a motion to open case #4184. Mr. Pessia seconded the motion and it was so voted unanimously. Mr. Ilacqua made a motion to accept the decision as written for case #4184. Mr. Argentieri seconded the motion and it was so voted unanimously.

Mr. Ilacqua made a motion to open case #4185. Mr. Pessia seconded the motion and it was so voted unanimously. Mr. Ilacqua made a motion to accept the decision as amended for case #4185. Mr. Pessia seconded the motion and it was so voted unanimously.

Mr. Ilacqua made a motion to open case #4186. Mr. Pessia seconded the motion and it was so voted unanimously. Mr. Ilacqua made a motion to accept the decision as written for case #4186. Mr. Pessia seconded the motion and it was so voted unanimously.

Minutes Mr. Ilacqua made a motion to accept the December 15, 2016 minutes as written. Mr. Pessia seconded the motion and it was so voted unanimously.

At approximately 8:35 PM, Mr. Ilacqua made a motion to adjourn. Mr. Pessia seconded the motion and it was so voted unanimously.

Signed and Approved: May 5, 2017

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