Zoning Board of Appeals

10-8-09 minutes CITY OF TAUNTON ZONING BOARD OF APPEALS OCTOBER 8, 2009 Members Present: Chairman Ackerman, Berube, Enos, Wasylow, Joyce and Medeiros. Amaral present at 7:16 PM. Meeting called to order at 6:46 pm Peter made motion to accept September 10, 2009 minutes, seconded by Wayne. Chairman Ackerman explained how the meeting is run. The petitioner makes their presentation and then the opposition or in favor may speak. Then it goes back to the petitioner to allow response. The opposition doesn’t have the opportunity to speak again. The board will either vote or continue case. Case # 2984 The Laboratory 109 Weir Street Requesting a continuance until next month. Motion made and seconded to Grant continuance. Vote: Ackerman, Berube, Wasylow, Medeiros, Joyce….Yes Petition continued until November. Case # 2985 Sarantos Dighton Ave. Requesting a continuance until December meeting and waived the time frame. Motion made and seconded to Grant request. Vote: Berube, Ackerman, Wasylow, Medeiros, Joyce….Yes Petition continued until December. Case #2983 I.D. Graphics for Crescent Credit Union 2070 Bay St. Hearing held on October 8, 2009 For: A Variance from Section 7.5.3.4 & 7.5.7 of the City of Taunton Zoning Ordinance to an additional double sides 2 square foot projecting façade sign. For the Petitioner: Scott Cashman, I.D. Graphics Group Inc., 9 Bristol Rd., So. Easton, Ma. In Favor: None Opposition: None Mr. Cashman stated the space that the ATM occupied moved from the end of the building to the middle of the plaza and it’s not noticeable anymore. They are asking for a 2 square foot 2 sided sign to be put up to let people know about the ATM inside the store. Chairman Ackerman stated usually he’s opposed to additional signage but feels this one is warranted. Mr. Cashman stated they have lost a lot of revenue since the ATM was re-located. No one appearing in favor or in opposition. Letter from the City Planner, B.O.H., Fire Dept., Water Dept. were read into the record and placed on file. Motion made and seconded to grant as Presented. VOTE: Berube, Medeiros, Wasylow, Joyce, Ackerman,……….…………...Yes Petition Granted: Case #2987 Andrade 10 Fern St. Hearing held on October 8, 2009 For: A Variance from Section 7.8 of the City of Taunton Zoning Ordinance to allow the conversion of a 2-family dwelling to a 3-family dwelling having 7,405 sq. ft. (instead of 15,000 sq. ft.). For the Petitioner: Brian Andrade, 66 Lordan Rd., Raynham, Ma. In Favor: None Opposition: None Mr. Andrade stated he’s requesting relief to be able to convert from a 2-family to a 3-family on a lot having 7,405 sq. ft. He stated he is proposing three 2 BR apartments. Chairman Ackerman asked if this was located next to the car wash? Mr. Andrade answers yes. Troy stated this will fit right in with the neighborhood. Chairman Ackerman has some calls in favor. Troy stated this will allow a long-time tenant to remain in the house. Mr. Andrade answers the current tenant pays $600.00 and she will be able to remain in the house. Wayne asked if the parking is paved and Mr. Andrade answers yes. It was noted there was an unsigned letter from an abutter in favor. Chairman Ackerman stated there will still be 6 bedrooms total. No one appearing in favor or opposed. Letters from the Conservation Commission, Fire Dept., B.O.H., Water Dept. and City Planner were read into the record and placed on file. Motion made and seconded to grant as Presented. VOTE: Joyce, Berube, Wasylow, Ackerman, Medeiros. …….…………...Yes Petition Granted: Case #2988 McLaughlin 289 Winthrop St. Hearing held on October 8, 2009 For: A Variance from Section 7.1.1 & a Special Permit from Section 5.2 of the City of Taunton Zoning Ordinance to allow a Drive-Thru Window for banking purposes and to allow the reduction in the landscaped buffer from 25 feet to 10 feet on the east side and 7 feet on the north side of the parcel and from the required 15 feet on the south and west side to 10 feet and on the south side 5.5 feet on the west sides. For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma. Tom Pozerski, Merrill Associates, Inc., 427 Columbia Rd., Hanover, Ma. Brian McLaughlin, 323 Manley St., W. Bridgewater, Ma. In Favor: None Opposition: None Atty. Gay stated this property is located on Rte. 44 in the d’Angelo’s plaza. They are proposing to reduce the size of Blockbuster Video and put First Citizens’ Credit Union in there. Presently there is a drive-thru lane around the building. Atty. Gay stated they will modify and improve the area substantially and put up fencing. Atty. Gay stated if they are forced to meet the landscaped requirement they cannot put drive-thru in. Atty. Gay stated the DIRB can reduce the buffer 50% so there will be further review by them. They are only looking for a few feet of relief. They will be adding interior landscaping and buffers on side. Atty. Gay stated the plaza has always been a nice plaza and there is ample parking. Blockbuster hasn’t been that busy so they are proposing to reduce the size and bank currently located in Shaw’s here. Peter asked what’s the distance with the passing lane? Tom Pozerski, Merrill Associates, stated there is 12 feet on each side. He stated the building is angled and it was well thought out to accommodate a drive-thru. Wayne asked if there would be any outside improvements? Tom answers the drive-thru with canopies, landscaping, and fencing. Atty. Gay stated he spoke with neighbors and they wanted fence. Tom stated they are proposing landscaping per the City Planner. They are proposing shrubs which will look nice. Tom stated the DIRB will require painted arrows, full signage. Chairman Ackerman suggested removing the landscaping next to the HP space. After review of the plans a few members were in agreement to remove the interior landscaping. It was asked what the interior landscaping would be? Tom said probably plantings that will be about 10 feet in height 3’ diameter. Troy asked about plowing scheme? Keith McLaughlin, representing owners stated there is plenty of room for plowing and parking. There is 61 parking spaces and they only need 35. It was suggested no interior shrubbery be no higher than 2 ½ in height. Letters from the B.O.H., Fire Dept., Water Dept., Conservation Commission, City Planner were read into the record. It was noted a Departmental Site Plan Review is required. Motion made and seconded to grant with the following conditions: 1. No interior shrubbery to be no higher than 2’1/2” in height. 2. Remove the interior landscaping next to the handicapped parking. 3. Remove the interior landscaping closest to the Par Place Entrance VOTE: Ackerman, Medeiros, Joyce, Berube, Wasylow, ….…………...Yes Petition Granted: Case #2978 Lonergan Richmond St. A Special Permit from Section 5.2 of the Zoning Ordinance to allow an accessory dwelling unit in an Industrial District and a Variance from Section 7.9 #4 & #6 to allow the accessory dwelling to be 1,300 sq. ft. (instead of the 850 sq. ft. max) with37% (instead of 30%) of the habitable floor area of the building and to allow the accessory dwelling within 5 years of the issuance of a building permit . For the Petitioner: Paul Patneaude, P.E., 198 Crane Ave., Taunton, Ma. Deborah Lonergan, 15 Gerald Ave., Randolph, Ma. In Favor: Corinne Werra, 60 Puffin Way, E. Taunton, Ma. Kim Werr, 51 Hummingbird Lane, E. Taunton, Ma. Opposition: Scott Brouillard, 516 Richmond St., E. Taunton, Ma. opposed to original proposal. Paul Farinha, 526 Richmond St., E. Taunton, Ma. opposed to original proposal. Paul stated they were here last month for a 2-family in an Industrial District after hearing from the Board and neighbors the petitioner had no objection to ask for an accessory dwelling unit. After re-advertising they are now requesting an accessory dwelling unit. Chairman Ackerman stated they change the size of the proposed accessory dwelling to 1,300 sq. ft.? Paul stated yes but keep in my there will be 3 adults living in the accessory dwelling unit, petitioner parents and mentally challenged sister. No one appearing in opposition or in favor. Peter said the concerns from abutters last month was for the 2-family and they stated they would rather have accessory dwelling unit. Peter said there are unique circumstances that warrant the size of this unit. He stated the neighbors didn’t’ want the house turning into a 2-family, they wanted some kind of protection and they have that with an accessory dwelling because it has to be renewed every 5 years. Letters from the City Planner, Conservation Commission, B.O.H., Fire Dept. and Water Dept. were read into the record. Motion to Grant as Presented: VOTE: Wasylow, Berube, Joyce, Amaral, Ackerman,……….…………...Yes Petition Granted: Case #2989 Perron 28 Madison St. Hearing held on October 8, 2009 For: Variance from Section 6.2 & 6.3 for the construction of a single family dwelling on a lot having insufficient lot area, min. dry are a, lot width and setbacks. For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma. Mark Perron, P. O. Box 522, N. Easton, Ma. In Favor: None Opposition: None Atty. Gay stated the lot is located on Madison Street which was created many years ago and the house just deteriorated and was torn down. The property is a pre-existing non-conforming lot and there is no way to gain any more lot area to add to it. If the literal enforcement were enforced the property would remain vacant. The property will be serviced by Municipal Water & Sewer. They are proposing a 28 x 36 single family with the driveway on the east side of the property. Peter asked about the jet out on the building? Atty. Gay stated on the east side there is steps with landing and fireplace on other side. Mark Perron, T&M Realty stated he needs to have 2 means of egress according to the building code. Peter asked about back door? Mark stated that cannot be considered 2nd means of egress because it’s not on the same floor. He is proposing a 4 level house, front to back split. Joe asked about both sides having 7 feet on the property line? There was some discussion about not even being able to fit a driving lawnmower on one side. Mark stated that the potential buyer will be aware of the setbacks. Troy stated it looks like a house should be on lot. Mark stated it’s tight but he can do it. No one appearing in favor or in opposition. Letters from the City Planner, B.O.H., Fire Dept., Water Dept. and Cons. Coms. Were read into the record and placed on file. Motion made and seconded to grant as Presented: VOTE: Ackerman, Medeiros, Joyce, Berube, ….…………...Yes Wasylow……………………………………………………….No Petition Granted: Case #2990 Amaro & Santos 10 Grove Avenue Hearing held on October 8, 2009 For: A Variance from Section from 6.2 & 6.3 Variance from Section 6.3 of the Zoning Ordinance to allow the re- division of an existing lot into two lots. Lot 1 having 6,811 sq. ft (instead of 15,000 sq. ft.) 6,811 sq. ft. of dry area (instead of 11,250 sq. ft.) with a front yard setback of 12 feet on one corner (instead of 25’) and an 11 foot side yard setback (instead of 15’) for the construction of a single family dwelling; Lot 2 containing 8,188 sq. ft. (instead of 15,000 sq. ft.) 8,188 sq. ft. of dry area (instead of 11,250 sq. ft.) for the construction of a single family dwelling. For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma. In Favor: None Opposition: None Atty. Gay stated the petitioner also seeks a variance under Section 6.2 for lot width and he sent notices to all abutters notify them of same. The ZBA has jurisdiction to amend petition to include Section 6.2 lot width. The Board allowed the amendment and includes Section 6.2 as part of their request. Atty. Gay stated that this property has a long history with the Board. An appeal was filed and resulted in a Remand from the Court and subsequent granting a triplex on this lot with conditions. The second lot had single family dwelling approved. This particular lot was approved for a triplex and the current owner doesn’t want to re-construct the existing building into a triplex. Atty. Gay stated the main abutters are pleased with this proposal to split the lot into two with single family dwelling on their own lot. Atty. Gay stated a duplex is allowed as a matter of right but they are proposing 2 single family houses. The property is of unusual shape and size. Atty. Gay stated that in the best interest of the neighborhood 2 single family dwellings would be much appealing than triplex. The lot will be serviced by Municipal Sewer and Water. The condition from previous approval was sewer has be constructed. Atty. Gay stated he understand the water dept. letter. Chairman Ackerman remembers very vividly of past hearing sand waited long enough and now the City & neighborhood will benefit. No one appearing in favor on in opposition. Letters from the Conservation Commission, Water Dept., Fire Dept., B.O.H., City Planner were read into the record and placed on file. Motion made and seconded to grant as Presented: VOTE: Joyce, Berube, Wasylow, Ackerman, Amaral ….…………...Yes Petition Granted: Case #2986 One Stevens LLC 50 O’Connell Way Hearing held on October 8, 2009 For: A Special Permit from Section 5.2 & 3.4.2 of the City of Taunton Zoning Ordinance to allow an Office Use in an Industrial District. For the Petitioner: Atty. Marc Antine, 63 Winthrop St., Taunton, Ma. Paul Maggiore, One Stevens LLC, 13 Wheeling Ave, Woburn, Ma. David LaSalle, co-founder of Omni Life Science Center. In Favor: None Opposition: None Atty. Antine stated he is representing the owner of the building and the request is for office use in an Industrial District. Wayne disclosed he cannot sit on case due to a conflict. Atty. Antine state they are proposing to have 10,781 sq. ft. office space and 11,209 of industrial space. The proposed tenant is a designer of orthopedic devices such as knee & hip replacements. This business will bring in about 30 employees and warehouseman. This will be a good fit into the area, low noise level and will be high paying jobs for engineers and designers. Atty. Antine stated this would be a real benefit to the area while being a light manufacturing/warehouse use. Chairman Ackerman stated he was pleased to see this kind of business in the City which will compliment to the neighborhood. No one appearing in favor or opposed. Letters from the Water Dept., City Planner, B.O.H., Conservation Commission and Fire Dept. were read into the record. It was noted a Departmental Site Plan Review will be required. Motion made and seconded to grant as Presented. VOTE: Medeiros, Wasylow, Amaral, Ackerman, Enos………….…………...Yes Petition Granted: OTHER BUSINESS: 10 APPALOOSA WAY – letter from Atty. Martin informing of Mortgagee’s Notice of Sales of Real Estate – Letter from City Solicitor – must comply with the affordable restrictions contained in the permit and deed riders City Solicitor’s letter was read into the record and placed on file. 154 Morrison Rd. – Letter from South Shore Housing relative to re-finance of property. Chairman Ackerman read the letter into the record. Letter from City Solicitor was read into the record and placed on file. gulations Change - Letter from City Planner – Accessory Dwelling Unit Renewal fee of $150.00 Letter from the City Planner informing process to change rules & regulations and recommends $150.00 filing fee for Renewals of Accessory Dwelling Unit. Discussion took place and it was suggested submit change of $100.00 renewal fee for next month for office vote. Motion made and seconded to refer to next month for vote to Add Accessory Dwelling Unit Renewal Fee of $100.00 VOTE: Joyce, Wasylow, Amaral, Ackerman……..Yes. Chairman Ackerman informed the Board of progress to litigation on the Telsi Case. He informed them litigation is moving along and hearing may be some time next year. Meeting adjourned at 8:06 PM.