Zoning Board of Appeals

10-14-10 mins. CITY OF TAUNTON ZONING BOARD OF APPEALS OCTOBER 14, 2010 (At E. Pole School, 215 Harris St. Taunton, Ma. ) Members Present: Berube, Wasylow, Amaral and Staples. Meeting called to order at 6:46 pm Joe made motion to accept minutes of September 9, 2010 minutes, seconded by Wayne. All in favor. Case # 2978 - Request for 6-Month Extension – Richmond Street – for an accessory dwelling unit. Joe made motion approve 6-month extension, seconded by Wayne, All in favor. Vote: Amaral, Berube, Staples, Wasylow…..Yes 6-Month Extension Granted Case # 2993 - Request for 6-Month Extension – 81 Fairbanks Ave. & Center St. Joe made motion to approve 6-month extension, seconded by Wayne. All in favor. Vote: Amaral, Staples, Berube, Wasylow………Yes 6-Month Extension Granted: Cont’d. Case # 3017 Frenette 815 Middleboro Avenue. A Variance from Section 6.3 of the Taunton Zoning Ordinance to allow the division of one lot into 6 lots having 0 frontage on a public street (instead of 150 feet) but having access via Westcoat Drive, a private Way. Request from Atty. Strojny for continuance until next month and waives the time frame. Joe made motion to grant request for continuance, seconded by Wayne. All in favor. Vote: Berube, Staples, Amaral, Wasylow……..Yes Petition continued: Acting Chairman Wasylow explained because there are only 4 members present tonight he will allow the each applicant the choice to continue or proceed this evening. Cont’d. Case # 3023 Costa 51 Summer St. A Variance from Section 7.8 of the Taunton Zoning Ordinance to allow the conversion of a single family dwelling to a 2- family dwelling having 13,651 sq. ft. (instead of 15,000 sq. ft.) Atty. Gay asked for a continuance for 2 months due to their not being a quorum for this case. Joe made motion to continue until December meeting seconded by Wayne. All in favor. Petition continued to December meeting. Case #3047 Thibault 228 Tremont St. Hearing held on October 14, 2010 For: A Variance from Section 6.2 & 6.3 of the Zoning Ordinance to allow the division of one lot into 2 lots with lot 1 being a conforming lot with a side setback of 5 feet (instead of 25 feet) Lot 2 containing 18,987 sq. ft. of lot area & dry area (instead of 60,000 sq. ft of lot area and 43,560 sq. ft. of dry area) with 75.56 feet of frontage and lot width (instead of 150’ of frontage & 100 ‘ of lot width) with a 5 foot side setback (instead of 25 feet) for the existing garage. For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma. Darren Thibault, 228 Tremont St., Taunton, Ma. In favor: None Opposed: Bernard Slaney, 9 Wilde Ave., Taunton, Ma. Atty. Gay stated this property is located on Tremont Street located in the Rural Residential District. However this is where the zoning changes from Urban to Rural. If this property was zoned Urban then they would not be here tonight. The petitioner purchased as 2 separate lots and together they are just about 2.7 acres. This was part of an old subdivision, Tremont Place. One lot has the existing house and needs a sideline setback and new lot has the existing garage on it. The long range plan is to remodel and move the existing dwelling and put new house on new lot. Atty. Gay stated the hardship is the size, shape and location of the existing dwelling. They cannot move the house due to the wetland and location of the Three Mile River. Joe asked about the existing driveway for the existing garage? The driveway is on other side. Joe stated he has received a few phone calls relative to flooding in this area. Lot 2 is completely dry but Atty. Gay stated they have not flagged the wetland line yet. Wayne stated the plans are dated 8/11010 so the lots have merged for zoning purposes? Atty. Gay answers yes. Wayne pointed out the pan handle shaped lot and the need for a sideline setback for the existing house? Wayne stated they could take garage down and not need a variance. He stated you cannot guarantee the property will stay I the family and it’s close to the line. Atty. Gay stated he instructed the engineer to draw up plan like that. Wayne stated they are creating hardship in the way they are proposing to split lot? There was some discussion about they are going to remodel house and turn house resulting in being further away from the property line but that’s not going to happen overnight. So they are asking for a sideline variance. Joe asked how long has the applicant owned the property? Atty. Gay stated he purchased both lots in 2008 and his son lives in the existing house and they plan on putting new house on new lot for son and parents will live in old house. Atty. Gay stated they could take down garage and cold re-design the lot to have a larger lot. They could give new plans showing no garage and new lot. He suggested a continuance to come up with new proposal. Atty. Gay asked for a 2 month continuance to give time for new plans and possibly new legal ad. Motion made and seconded to Continue to December meeting. VOTE: Staples, Amaral, Berube, Wasylow, …….……... Yes Petition continued to December. Case #3048 Land Dev. N.E. Inc. 899 County St. Hearing held on October 14, 2010 For: a Variance from Section 7.5.6 of the Taunton Zoning Ordinance to allow an additional 10 square feet of signage (cabinet space) For the Petitioner: Atty. David Gay, P. O. Box, 988, Taunton, Ma. In favor: None Opposed: None Atty. Gay stated they are here tonight for a small addition to the existing free-standing sign. The reason is for a new tenant (cell phone company) so they can be on the existing free-standing. They are asking for an additional 10 square feet (which is actually half of panel). This new store will be occupying the space of Mattress Discounters. Letters from the City Planner, Conservation Commission, Fire Dept. and B.O.H. were read into the record. Motion made and seconded to grant as presented. VOTE: Staples, Amaral, Berube, Wasylow, …….……... Yes Petition Granted: Case #3049 Merrey 13 Everett St. Hearing held on October 14, 2010 For: A Variance from Section 6.3 of the Taunton Zoning Ordinance to allow the re-construction of a 24 x 24 garage having a 4’9” sideline setback instead of 15 feet. For the Petitioner: Kenneth Merrey, 13 Everett St., Taunton, Ma In favor: Andrew Mirka, 11 Everett St., Taunton, Ma. Bret Reis, 16 Everett St., Taunton, Ma. Bharat Patel, 5 Everett, Taunton, Ma. Opposed: None Mr. Merrey states he has lived there for 37 years and wishes to take old garage down and put up new one. The existing is a single garage with carport and is in dire shape. He will be using same footprint and will not be going any closer to property line than existing. If he moved the garage over it won’t be at right angle and won’t have be able to see grandchildren in backyard. The old garage was one car, 12 feet wide and new one will be 24 x 24. But they are not going any closer to property line. Mr. Merrey stated the carport will come down. Mike asked if he would have to take down deck? Mr. Merrey stated he could move deck. He may put new deck and there is swimming pool they put up in summer for kids. In favor: Andrew Mirka, 11 Everett St., Bret Reis, 16 Everett St., and Rharat Patel, 5 Everett St. were recorded in favor. Dept. comments from B.O.H., City Planner, Fire Dept. and Conservation Commission were read into the record. Motion made and seconded to grant as presented. VOTE: Amaral, Berube, Wasylow, Staples …….……... Yes Petition Granted: Case #3050 Riendeau 49 Silverwood Dr. Hearing held on October 14, 2010 For: the Renewal of a Special Permit from Section 7.9 of the Taunton Zoning Ordinance for an accessory dwelling unit. For the Petitioner: Linda Riendeau, 49 Silverwood Dr., Taunton, Ma. In favor: None Opposed: None Ms. Riendeau states she is here tonite for the renewal the accessory dwelling unit. The same people live there that were there 5 years go. Nothing has changed. She is aware she has to come back in another 5 years. No one in favor or opposed. Letters from the City Planner, Conservation Commission, Fire Dept. and B.O.H. were read into the record. Motion made and seconded to grant as presented. VOTE: Amaral, Staples, Berube, Wasylow, …….……... Yes Petition Granted: Case #3051 Lagace 36 Stevens St. Hearing held on October 14, 2010 For: A Special Permit from Section 7.9 and Variance from Section 7.9 #4 of the Taunton Zoning Ordinance to allow an accessory dwelling unit and allow it to be over the 30% of the habitable floor area (proposed 830 sq. ft.) For the Petitioner: Jill Lagace, 36 Stevens St., E. Taunton, Ma. In favor: None Opposed: None Mrs. Lagace stated she is putting addition on house for her mother-in-law to live there. They received approval from the Conservation Commission. They wish to keep mom-in-law with them for as long as they. The size of the existing house is small and her mom-in-law so the size is bigger than the allowed 30% so they need variance for size. No one in favor or opposed. Dept. letters from City Planner, Conservation Commission, Fire Dept. were read into the record. Motion made and seconded to grant as presented. VOTE: Staples, Amaral, Berube, Wasylow, …….……... Yes Petition Granted: Case #3052 Wessell’s – Bear’s Den Fly Fishing 1004 Crane Ave. So Hearing held on October 14, 2010 For: A Special Permit from Section 5.2 to allow 3,000 sq. ft of Retail Use in an Industrial District. For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma. In favor: None Opposed: None Atty. Gay stated the applicant has a business on in Taunton on Summer Street and wishes to re-locate to bigger facility. They have fly fishing business and they will be able to provide space so customers can actually cast the pole and test them. They need Special Permit for Retail use in an Industrial District. He has 3 employees including himself and the hours of operation are: Tues. – Thurs. noon – 8:00 PM, Friday & Saturday noon – 6:00 PM, closed on Sunday & Monday. They are proposing to use the building as such, 1,000 sq. ft. office space, 3,000 sq. ft. retail and 5,900 sq. ft. for storage. Joe stated this building came up some time ago for restaurant but never was done. He asked if there will be only one business, he cannot rent out office or storage? Atty. Gay stated no this will be the sole business there. He has no intentions of subdivision of units, it will be a one business operation. Letters from the City Planner, Conservation Commission, Fire Dept. were read into the record. It was noted in the City Planner’s letter if approve this will require a Departmental Site Plan Review. Motion made and seconded to grant as presented. VOTE: Staples, Amaral, Berube, Wasylow, …….……... Yes Petition Granted: OTHER BUSINESS: The Settlement – Reduction of surety per lot – Phase II Stuart Clark, representing Bruce LLC was invited into the meeting. He stated Vine Associates, the outside consultant submitted cost estimates, resulting in posting $8,300 per lot in this phase. Wayne made motion to release lots in Phase II of The Settlement upon receipt of $8,300 per lot (per Vine’s estimates) seconded by Joe. All in favor. Wayne stated that last month the Board requested information relative to the Class II Wholesale License for Taunton Service Center on Broadway. He stated the City Clerk submitted copy of license and communication from Police & License Committee approving such license. There was some discussion as to whether or not they could have signs, cars stored on site, etc? Several board members were under the impression they cannot have any vehicles on site or any signs. Wayne made motion to send letter to the Police & License Committee asking for the definition of Class II Wholesale License, if there are any restrictions, and storage of vehicles on site is allowed? Seconded by Joe. All in favor. Green Pine Town Homes (formerly Pine Ridge Condos) – Comp. Permit Hart Street – Request to release units. No representative present tonight. The Board voted to continue this until next month. It was noted by the Secretary that the applicant submitted new plans today at 3:30 PM. Acting Chairman Wasylow stated it was too late to submit and have time to get reviewed by city departments. The Secretary passed out new schedule of meeting. The ZBA meeting will now be held on the third Thursday of the month, at 5:30 PM and held at Taunton Public Library Auditorium, 12 Pleasant St. Taunton, Ma. Wayne made motion to adopt new schedule (due to City Hall not being open) seconded by Mike. All in favor. Meeting adjourned at 8:26 PM CITY OF TAUNTON ZONING BOARD OF APPEALS OCTOBER 14, 2010 (At E. Pole School, 215 Harris St. Taunton, Ma. ) Members Present: Berube, Wasylow, Amaral and Staples. Meeting called to order at 6:46 pm Joe made motion to accept minutes of September 9, 2010 minutes, seconded by Wayne. All in favor. Case # 2978 - Request for 6-Month Extension – Richmond Street – for an accessory dwelling unit. Joe made motion approve 6-month extension, seconded by Wayne, All in favor. Vote: Amaral, Berube, Staples, Wasylow…..Yes 6-Month Extension Granted Case # 2993 - Request for 6-Month Extension – 81 Fairbanks Ave. & Center St. Joe made motion to approve 6-month extension, seconded by Wayne. All in favor. Vote: Amaral, Staples, Berube, Wasylow………Yes 6-Month Extension Granted: Cont’d. Case # 3017 Frenette 815 Middleboro Avenue. A Variance from Section 6.3 of the Taunton Zoning Ordinance to allow the division of one lot into 6 lots having 0 frontage on a public street (instead of 150 feet) but having access via Westcoat Drive, a private Way. Request from Atty. Strojny for continuance until next month and waives the time frame. Joe made motion to grant request for continuance, seconded by Wayne. All in favor. Vote: Berube, Staples, Amaral, Wasylow……..Yes Petition continued: Acting Chairman Wasylow explained because there are only 4 members present tonight he will allow the each applicant the choice to continue or proceed this evening. Cont’d. Case # 3023 Costa 51 Summer St. A Variance from Section 7.8 of the Taunton Zoning Ordinance to allow the conversion of a single family dwelling to a 2- family dwelling having 13,651 sq. ft. (instead of 15,000 sq. ft.) Atty. Gay asked for a continuance for 2 months due to their not being a quorum for this case. Joe made motion to continue until December meeting seconded by Wayne. All in favor. Petition continued to December meeting. Case #3047 Thibault 228 Tremont St. Hearing held on October 14, 2010 For: A Variance from Section 6.2 & 6.3 of the Zoning Ordinance to allow the division of one lot into 2 lots with lot 1 being a conforming lot with a side setback of 5 feet (instead of 25 feet) Lot 2 containing 18,987 sq. ft. of lot area & dry area (instead of 60,000 sq. ft of lot area and 43,560 sq. ft. of dry area) with 75.56 feet of frontage and lot width (instead of 150’ of frontage & 100 ‘ of lot width) with a 5 foot side setback (instead of 25 feet) for the existing garage. For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma. Darren Thibault, 228 Tremont St., Taunton, Ma. In favor: None Opposed: Bernard Slaney, 9 Wilde Ave., Taunton, Ma. Atty. Gay stated this property is located on Tremont Street located in the Rural Residential District. However this is where the zoning changes from Urban to Rural. If this property was zoned Urban then they would not be here tonight. The petitioner purchased as 2 separate lots and together they are just about 2.7 acres. This was part of an old subdivision, Tremont Place. One lot has the existing house and needs a sideline setback and new lot has the existing garage on it. The long range plan is to remodel and move the existing dwelling and put new house on new lot. Atty. Gay stated the hardship is the size, shape and location of the existing dwelling. They cannot move the house due to the wetland and location of the Three Mile River. Joe asked about the existing driveway for the existing garage? The driveway is on other side. Joe stated he has received a few phone calls relative to flooding in this area. Lot 2 is completely dry but Atty. Gay stated they have not flagged the wetland line yet. Wayne stated the plans are dated 8/11010 so the lots have merged for zoning purposes? Atty. Gay answers yes. Wayne pointed out the pan handle shaped lot and the need for a sideline setback for the existing house? Wayne stated they could take garage down and not need a variance. He stated you cannot guarantee the property will stay I the family and it’s close to the line. Atty. Gay stated he instructed the engineer to draw up plan like that. Wayne stated they are creating hardship in the way they are proposing to split lot? There was some discussion about they are going to remodel house and turn house resulting in being further away from the property line but that’s not going to happen overnight. So they are asking for a sideline variance. Joe asked how long has the applicant owned the property? Atty. Gay stated he purchased both lots in 2008 and his son lives in the existing house and they plan on putting new house on new lot for son and parents will live in old house. Atty. Gay stated they could take down garage and cold re-design the lot to have a larger lot. They could give new plans showing no garage and new lot. He suggested a continuance to come up with new proposal. Atty. Gay asked for a 2 month continuance to give time for new plans and possibly new legal ad. Motion made and seconded to Continue to December meeting. VOTE: Staples, Amaral, Berube, Wasylow, …….……... Yes Petition continued to December. Case #3048 Land Dev. N.E. Inc. 899 County St. Hearing held on October 14, 2010 For: a Variance from Section 7.5.6 of the Taunton Zoning Ordinance to allow an additional 10 square feet of signage (cabinet space) For the Petitioner: Atty. David Gay, P. O. Box, 988, Taunton, Ma. In favor: None Opposed: None Atty. Gay stated they are here tonight for a small addition to the existing free-standing sign. The reason is for a new tenant (cell phone company) so they can be on the existing free-standing. They are asking for an additional 10 square feet (which is actually half of panel). This new store will be occupying the space of Mattress Discounters. Letters from the City Planner, Conservation Commission, Fire Dept. and B.O.H. were read into the record. Motion made and seconded to grant as presented. VOTE: Staples, Amaral, Berube, Wasylow, …….……... Yes Petition Granted: Case #3049 Merrey 13 Everett St. Hearing held on October 14, 2010 For: A Variance from Section 6.3 of the Taunton Zoning Ordinance to allow the re-construction of a 24 x 24 garage having a 4’9” sideline setback instead of 15 feet. For the Petitioner: Kenneth Merrey, 13 Everett St., Taunton, Ma In favor: Andrew Mirka, 11 Everett St., Taunton, Ma. Bret Reis, 16 Everett St., Taunton, Ma. Bharat Patel, 5 Everett, Taunton, Ma. Opposed: None Mr. Merrey states he has lived there for 37 years and wishes to take old garage down and put up new one. The existing is a single garage with carport and is in dire shape. He will be using same footprint and will not be going any closer to property line than existing. If he moved the garage over it won’t be at right angle and won’t have be able to see grandchildren in backyard. The old garage was one car, 12 feet wide and new one will be 24 x 24. But they are not going any closer to property line. Mr. Merrey stated the carport will come down. Mike asked if he would have to take down deck? Mr. Merrey stated he could move deck. He may put new deck and there is swimming pool they put up in summer for kids. In favor: Andrew Mirka, 11 Everett St., Bret Reis, 16 Everett St., and Rharat Patel, 5 Everett St. were recorded in favor. Dept. comments from B.O.H., City Planner, Fire Dept. and Conservation Commission were read into the record. Motion made and seconded to grant as presented. VOTE: Amaral, Berube, Wasylow, Staples …….……... Yes Petition Granted: Case #3050 Riendeau 49 Silverwood Dr. Hearing held on October 14, 2010 For: the Renewal of a Special Permit from Section 7.9 of the Taunton Zoning Ordinance for an accessory dwelling unit. For the Petitioner: Linda Riendeau, 49 Silverwood Dr., Taunton, Ma. In favor: None Opposed: None Ms. Riendeau states she is here tonite for the renewal the accessory dwelling unit. The same people live there that were there 5 years go. Nothing has changed. She is aware she has to come back in another 5 years. No one in favor or opposed. Letters from the City Planner, Conservation Commission, Fire Dept. and B.O.H. were read into the record. Motion made and seconded to grant as presented. VOTE: Amaral, Staples, Berube, Wasylow, …….……... Yes Petition Granted: Case #3051 Lagace 36 Stevens St. Hearing held on October 14, 2010 For: A Special Permit from Section 7.9 and Variance from Section 7.9 #4 of the Taunton Zoning Ordinance to allow an accessory dwelling unit and allow it to be over the 30% of the habitable floor area (proposed 830 sq. ft.) For the Petitioner: Jill Lagace, 36 Stevens St., E. Taunton, Ma. In favor: None Opposed: None Mrs. Lagace stated she is putting addition on house for her mother-in-law to live there. They received approval from the Conservation Commission. They wish to keep mom-in-law with them for as long as they. The size of the existing house is small and her mom-in-law so the size is bigger than the allowed 30% so they need variance for size. No one in favor or opposed. Dept. letters from City Planner, Conservation Commission, Fire Dept. were read into the record. Motion made and seconded to grant as presented. VOTE: Staples, Amaral, Berube, Wasylow, …….……... Yes Petition Granted: Case #3052 Wessell’s – Bear’s Den Fly Fishing 1004 Crane Ave. So Hearing held on October 14, 2010 For: A Special Permit from Section 5.2 to allow 3,000 sq. ft of Retail Use in an Industrial District. For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma. In favor: None Opposed: None Atty. Gay stated the applicant has a business on in Taunton on Summer Street and wishes to re-locate to bigger facility. They have fly fishing business and they will be able to provide space so customers can actually cast the pole and test them. They need Special Permit for Retail use in an Industrial District. He has 3 employees including himself and the hours of operation are: Tues. – Thurs. noon – 8:00 PM, Friday & Saturday noon – 6:00 PM, closed on Sunday & Monday. They are proposing to use the building as such, 1,000 sq. ft. office space, 3,000 sq. ft. retail and 5,900 sq. ft. for storage. Joe stated this building came up some time ago for restaurant but never was done. He asked if there will be only one business, he cannot rent out office or storage? Atty. Gay stated no this will be the sole business there. He has no intentions of subdivision of units, it will be a one business operation. Letters from the City Planner, Conservation Commission, Fire Dept. were read into the record. It was noted in the City Planner’s letter if approve this will require a Departmental Site Plan Review. Motion made and seconded to grant as presented. VOTE: Staples, Amaral, Berube, Wasylow, …….……... Yes Petition Granted: OTHER BUSINESS: The Settlement – Reduction of surety per lot – Phase II Stuart Clark, representing Bruce LLC was invited into the meeting. He stated Vine Associates, the outside consultant submitted cost estimates, resulting in posting $8,300 per lot in this phase. Wayne made motion to release lots in Phase II of The Settlement upon receipt of $8,300 per lot (per Vine’s estimates) seconded by Joe. All in favor. Wayne stated that last month the Board requested information relative to the Class II Wholesale License for Taunton Service Center on Broadway. He stated the City Clerk submitted copy of license and communication from Police & License Committee approving such license. There was some discussion as to whether or not they could have signs, cars stored on site, etc? Several board members were under the impression they cannot have any vehicles on site or any signs. Wayne made motion to send letter to the Police & License Committee asking for the definition of Class II Wholesale License, if there are any restrictions, and storage of vehicles on site is allowed? Seconded by Joe. All in favor. Green Pine Town Homes (formerly Pine Ridge Condos) – Comp. Permit Hart Street – Request to release units. No representative present tonight. The Board voted to continue this until next month. It was noted by the Secretary that the applicant submitted new plans today at 3:30 PM. Acting Chairman Wasylow stated it was too late to submit and have time to get reviewed by city departments. The Secretary passed out new schedule of meeting. The ZBA meeting will now be held on the third Thursday of the month, at 5:30 PM and held at Taunton Public Library Auditorium, 12 Pleasant St. Taunton, Ma. Wayne made motion to adopt new schedule (due to City Hall not being open) seconded by Mike. All in favor. Meeting adjourned at 8:26 PM