Zoning Board of Appeals

11-18-10 mins. CITY OF TAUNTON ZONING BOARD OF APPEALS NOVEMBER 18, 2010 at 5:30 PM (At Taunton Public Library Auditorium, 12 Pleasant St. Taunton, Ma. ) Members Present: Ackerman, Berube, Wasylow, Amaral Medeiros, Joyce and Staples. Meeting called to order at 5:30 PM Peter made motion to accept minutes of October 14, 2010 minutes, seconded by Joe. All in favor. 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. 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: Ackerman, Berube, Staples, Amaral,Medeiros, Wasylow……………..Yes Petition continued: Cont’d. Case # 3044 Pagliuca 175 Fremont St. A Variance from Section 6.3 to allow the division of one lot into two lots. Lot 1 having 39,120 sq. ft. of lot area and dry area and Lot 2 having 32,453 sq. ft. of lot area and dry area (instead of 60,000 sq. ft. of lot area and 43,460 sq. ft of dry area) Each lot having 120 feet of frontage (nstead of 150’) Lot 1 having a sideline setback of 22 feet and Lot 2 having a sideline setback of 20 feet (instead of 25’. Request for a continuance until next month. Vote: Wasylow, Ackerman, Amaral, Berube, Medeiros…………..…Yes Petition Continued: Case # 3053 Keesey Shores Avenue A Variance from Section 6.2 & 6.3 of the Zoning Ordinance to allow the re-division of lots that have merged for zoning purposes. Lot 65-26 having 60’ of frontage and lot width (instead of 100’) with 8,828 sq. ft. of lot area and dry area (instead of 15,000 sq. ft. of lot area and 11,250 sq. ft. of dry area) and Lot 65-27 having 8,308 sq. ft. of lot area and dry area (Instead of 15,000 sq. ft. of lot area and 11,250 sq. ft of dry area. Letter requesting a 3-month continuance due to the unexpected death of the applicant. Vote: Wasylow, Ackerman, Amaral, Berube, Medeiros…………Yes Petition continued for 3 months. (Feb. 2011) Case #3054 St. Germain 343 Winthrop Street Hearing held on November 18, 2010 For: A Special Permit from Section 5.2 to allow an access drive-thru for a restaurant. For the Petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma. John DeSousa, P.E., Seacoast Consulting, LLC, 115 Broadway, Taunton, Ma. In favor: Anthony Obregon, 343 Winthrop St., Taunton, Ma. Virginia McCrohan, 340 Winthrop St., Taunton, Ma. Opposition: Jean Coulombe, 341 Winthrop St., Taunton, Ma. Joe disclosed that his place of employment if next door but he has no financial interest and can vote on this. John disclosed that he worked a detail for Mr. St. Germain but has no financial interest and can vote on this. Troy also disclosed he may have done detail in past but has no financial interest and can vote on this. Atty. Rounds stated the property is on Rte. 44, Winthrop Street and is currently a contractor’s site located in the Highway Business District. The property has about 2 ½ acres with 209 feet of frontage. The proposal will include 2 new buildings with a convenience store, gas station and a restaurant with a drive-thru in the rear building. Atty. Rounds stated there would be one-way traffic with a by-pass lane. There will be enough room for 8-10 cars cueing. The plan shows room for delivery trucks and full semi trailer trucks. They are not requiring any variances for landscaping. There will be a restaurant with a drive-thru and a market for lease with no definite tenant. Chairman Ackerman stated he has no problem with the use but wants to know how they are going to handle delivery trucks that deliver to the store, i.e. coke/pepsi, beer deliveries? John DeSousa stated there is a common loading zone which will be used by both delivery trucks (10 wheel vehicles). He stated 18 wheelers can also enter the premises. He stated the deliveries will be during limited hours so they can readily use space and loading area. Chairman Ackerman stated that restricts anything over that size, for fuel delivery. It was suggested they can wheel in the merchandise to the store. John suggests eliminating parking space closest to building. Joe stated this does need to for Department Site Plan Review and Planning Board and Council, and Conservation Commission. He stated the uses are allowed in the Highway Business District with the exception of the drive-thru and gasoline station. John asked what are the hours of operation would be? Atty. Rounds stated they have not secured tenant for restaurant with drive-thru. John asked if it would be open 24 hours? Because if it was the drive-thru would be isolated in the rear of the building which creates safety issues. Troy stated they have a dealership on both sides and perhaps they could put fencing or shrubs. Chairman Ackerman stated they could know off some shrubbery and put fencing. Matt. St. Germain stated the B.O.H. wanted more dumpsters for the site he stated he plans on fencing all around property. Anthony O’bregon, 343 Winthrop S. in favor, Virignia McCrohan, 340 Winthrop St. in favor. In opposition: Jean Coulombe, 341 Winthrop Street stated he lives directly across the street. He stated they need a compelling reason to grant approval. He was under the impression they needed a compelling reason for a variance. The Board informed Mr. Coulombe that they were asking for a Special Permit not a variance. He stated he lives directly across the street and the headlights from vehicles will be in his house. He stated in 1968 there was a fatality and the area is very congested and adding a multiple of uses at this site will only add to the congestion. He is not opposed to ONE business going here. He stated how is the City going to ensure they enter and exit, follow speed limit? Chairman Ackerman advised Mr. Coulombe that if they didn’t have drive-thru they would not need to be here tonight. Mr. Coulombe asked the Board to have some empathy for the neighborhood. He did state Matt has been a good neighbor and has nice workers but he’s still concerned with too much going on at this site. Troy asked if they are going to stripe parking area and it was answers yes. Joe did stated they do speed on Route 44 and now with the sewer going in there will be a lot of more businesses in this area. Troy suggested putting some kind of shrubbery on Mr. Coulombe’s property to prevent lights from glaring into his house? Mr. Coulombe asked Mr. St. Germain if they could enter off the paper street? Matt answers no it’s all wetlands. Chairman Ackerman read comments from Fire Dept., Conservation Commission. City Planner, B.O.H. and DPW Water Dept., were placed on file. There was some discussion in regards to installing some fencing on side of property, widening turning radius between two buildings. John asked if they intent on opening 24 hrs. a day? Matt stated it’s not his intention and if he did they would need Council approval. John stated that, in his opinion, he has issues with the possibility of 24 hrs. and the drive-thru. He stated that Grampy’s was just closed down 24 hrs. due to trouble. John stated that due to the drive-thru being in the rear of the bulding, it’s isoloated and could attract problems. Peter stated that’s not our jurisdiction, and John stated if they are here tonite for drive-thru they should look at the whole picture. It certainly is under our perveiw and he asks Peter to let him finish speaking and the he can give his opinion. Matt stated he was thinking of something like Ray’s Donut with hrs. 6 – 6 , like a mom & pops store. Motion made and seconded to grant with the following conditions:  All lighting shall not illuminate onto abutting properties.  Widen turning radius between buildings by eliminating parking space north of the loading dock and combine with the loading dock area.  Provide fencing on both sides of property and place fencing on the rear of the property line as approved by the Conservation Commission. VOTE: Medeiros, Wasylow, Amaral, Berube, Ackerman. …….……... Yes Petition Granted: OTHER BUSINESS: Update- 48 Broadway - Taunton Getty & Service Center – Wayne stated they have been asking for information relative to the Class II Wholesale License issued to this business. The Board asked for specific information and has not received it. It was reported by the Secretary that the Clerk of Committees was referring this to Det. Dennis Smith, Taunton Police Department. Peter made motion to send letter to the Police & License Committee informing them the use is not allowed, in their opinion, without zoning approval. And request information relative to the criteria of which the license was issued and any restrictions. Seconded by Joe. All in favor. Green Pine Town Homes (formerly Pine Ridge Condos) – Comp. Permit Hart Street – Request to release units. Shawn Telsi, Green Pine Town Homes, was in attendance. He stated he is asking for 12 units to be release and the approval of the final plans. He also submitted the final colors for siding, roofing, windows and lights that will be in the project. Vine Associates submitted their estimate of completion cost of $597,000. That would require him to post $12,437.50 per unit. There was some discussion relative to the bond amount that Mr. Telsi thought he had to post for sewer. Shawn stated he was under the impression that he would not have to post any money until the 13th unit. His attorney, he said mislead him to believe that is when he would be required to post money. The Chairman explained that every subdivision, including comprehensive permits, are required to post surety for lots or units based on the completion costs. Obviously the more work you do the less the completion cost is. Joe made motion to release a total of 10 units (Bldg. 1,2,3 4) upon receipt pf $12,437.50 per unit and upon receipt of copies of all recorded documents and compliance with dept. comments. Seconded by Wayne. All in favor. Also approved the list as presented for final colors of bldgs., lighting, siding, windows, roofs. Meeting adjourned at 7:10 PM.