Zoning Board of Appeals

7-28-11 mins. CITY OF TAUNTON ZONING BOARD OF APPEALS July 28, 2011 at 5:30 PM (Meeting held at Maxham School, 141 Oak St., Taunton, Ma) Members Present: Chairman Ackerman, Berube, Staples, Amaral, Medeiros. Meeting called to order at 5:40 PM – Amaral present at 5:47 pm. Wayne made motion to accept June 9, 2011minutes, Seconded by Michael. All in favor. Case # 3090 The Neighborhood Corp. 1, 15-25 Main St. & Merchant’s Ln. A Special Permit from Section 5.2 & 10.4.8 to allow a mixed use development in a Central Business District consisting of 36 residential units with commercial uses with a waiver of the parking requirement from 92 to 50 . Motion made and seconded to grant continuance to allow TRA to review request. Vote: Ackeman, Berube, Amaral, Medeiros, Staples…..Yes Petition continued: Case # 3091 The Neighborhood Corp. 8 Trescott & 32 Main St. A Special Permit from Section 5.2 & 10.4.8 to allow a mixed use Development consisting of 6 units with commercial use on first floor with a waiver of the parking requirement from 16 to 7 spaces . Motion made and seconded to grant continuance to allow TRA to review request. Vote: Ackeman, Berube, Amaral, Medeiros, Staples…..Yes Petition continued Cont’d. Case #3072 Sunny & Dev. Corp. 306 Winthrop St. Hearing held on July 28, 2011 A Special Permit from Section 5.2 to allow the use of an existing drive-thru window in a Highway Business District. For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma. In favor: Petition signed by patrons. Opposed: None Atty. Gay stated they have presented new plans to the Board and the City Planner. They wish to utilize the existing drive-thru for a Honey Dew Donuts. There is a road that goes back of the building to a property that was subject to a variance and litigation. There is ample access in the rear of the building so that won’t interfere with this proposal. The stacking was increased and now they show 6-7 cars being stacked and they extended the existing island per the Board. Atty. Gay submits petition in support from patrons. Atty. Gay stated the special permit can be granted without any more detriment to the surrounding properties. There is ample stacking and delinated access to site. The drive-thru worked well for the cleaning business but he does admit there will be more traffic from the coffee shop. Wayne confirmed they already extended the island 25 feet and Attorney Gay responded yes. Atty. Gay stated they must go through the Site Plan Review process. Wayne saw site and said it’s a deep in to swing around. Chairman Ackerman recommended extending island more. After some discussion it was recommended extending island another 25 feet and Chairman Ackerman wanted the shrubbery to be no more than 24inches high. Wayne asked the owner what times of day traffic is less and owner answers after 5:00 PM. when the dance room let out. No one in favor or opposed. Letter from the Fire Dept., City Planner, Conservation Commission, and B.O.H were read into the record. Motion made and seconded to Grant with the following conditions:   Extend the existing traffic island extension another 25 feet over submitted revised plan dated 4-27-11 revised thru 7- 20-11.  Shrubbery no higher than 24 inches. Vote: Staples, Berube, Ackerman, Amaral, Medeiros………………….Yes Petition Granted: Chairman Ackerman explained the process of which the ZBA conducts its meetings. They listen to the petitioner/Attorney, then opposition or in favor and then back to the petitioner. They do not go back and forth. Case #3076 Sousa 625 County St. Hearing held on July 28, 2011 For: A Special Permit from Section 5.3.4 for a cosmetology salon in conjunction with an office use and residential unit. For the Petitioner: Atty. David Marcelino, 685 Glebe Street, Taunton, Ma. representing petitioner Marco Sousa. In favor: None Opposed: Francis Lane, 603 County St., Taunton, Ma. Atty. Marcelino stated they presented new plans to the City Planner and the Board. They are showing 4 parking spaces for office use, 2 spaces for the residential and 6 spaces for the salon plus 2 handicapped spaces. The Board also asked to show the zoning district line on the plans and they have done that. Chairman Ackerman thanked him and stated these plans are much easier to read and they are accurate. Troy asked if this location that had the eyecare place? Atty. Marcelino answers yes. Troy suggested putting sign “right turn only” to alert patrons to take right onto County Street. They all agreed this a very busy street and every little bit helps. Opposed: Francis Lane, 603 County St. was concerned with the parking? He didn’t think it was sufficient? The spaces will be filled up by all the salon workers? He stated he’s right next door and does not want anyone parking on his property. Chairman Ackerman at this time explains how the process works. The petitioner will present their case and then they hear from the opposition and in favor and the go back to the petitioner to rebut the opposition. They do not go back and forth. Atty. Marcelino stated there is a large grass area in back. Chairman Ackererman asked if they would be willing to put few more spaces on lawn are to help alleviate neighbor’s concerns. Atty. Marcelino stated they have conformed to the requirements of the zoning ordinance. Marco Sousa, hairstylist, 625 County St., stated he will be 100% rental so all the stylists may be not be there all at once, they set their own hours. Mr. Amaral directed his statement to Mr. Lane by which he came before the Board before and was upset with the City Planner in regards to the landscaping buffer. Joe said Mr. Lane thought the City Planner goes to the extreme and he is says the number of parking is sufficient then it is. The hours of operation may be Tues & wed., 8-5, thurs & Friday- 8;- sat. 8-8. Troy asked why would be restrict his hours. The secretary informed them they could and then there won’t be any issues with how late they can be open. It’s easier to enforce if they have stated. After some discussion it was agreed the hours would be 7 days, 8:00 AM – 9:00 PM. Wayne stated he’s familiar with site and there is adequate parking. Mr. Lane stated he just didn’t want any overflow parking on his property. Letters from the City Planner, Conservation Commission, Fire Dept., B.O.H were read into the record. Motion made and seconded to grant with the following conditions:  Hours of operation – Monday – Sunday 8: 00 AM – 9:00 PM  “Right Turn Only” sign to be displayed on premises directing patrons to exit right onto County St. Vote: Medeiros, Amaral, Ackerman, Berube, Staples……………………Yes Petition Granted: Case #3089 Turner 129 High St. Hearing held on July 28, 2011 For: A Special Permit from Section 5.3.4 to allow the extension of a pre-existing non-conforming use (dentist office) (1,193 sq. ft. with 19 new parking spaces) For the Petitioner: Atty. Richard Bentley, 28 Broadway, Taunton, Ma. In favor: Beatrice H. Kirk, 43 Harrison St., Taunton, Ma. Dennis Ackerman, Board Member of Congregational Agudath Achim, 133 High St., Taunton, Ma. Opposed: None Atty. Bentley stated they are here tonight for the expansion of the dentist office located at 129 High Street. Dr. Turner has been there since 1994 and he recently purchased property in back which fronts on Harrison Street of which he wants to put parking spaces. He is proposing an addition of 1,193 square feet and will put 19 new parking spaces on the Harrison Street property. Currently there is limited parking at the location. Troy stated the additional parking in back will be good. He asked about lighting and they said they will have parking area lit for safety. In favor: Dennis Ackerman, Board Member of Congregational Agudath Achim, He stated Dr. Turner has been good neighbor. Letter from Beatrice Kirk, abutter in favor was read into the record. Troy suggested putting 2 light posts in new parking area, dust to dawn. Dr. Turner agreed. Motion made and seconded to grant as presented: Vote: Staples, Amaral, Berube, Medeiros, ......................Yes. Petition Granted: Cont’. Case #3079 Olaniyan 148 Tremont St. Hearing held on July 28, 2011 For: A Special Permit from Section 5.3.4 to allow the addition of auto sales in addition to the existing gas station, convenience store and mechanical bay (see ZBA Case #2828) For the Petitioner: Jerry Olaniyan, 69 Tremont St., Taunton, Ma. In favor: None Opposed: None The Board continued this to get clarification from the owner as to whether or not they are agreeable to where the cars were being displayed. The owner sent letter with specifically indicating where the 5 vehicles could be neatly stored in front of fence per plan. The Board asked the petitioner is he has Class II License yet? He stated he is on waiting list. Joe asked if its all under one ownership because the site sells gas, retail and now used cars. Mr. Olaniyan answers yes it’ all under one owner. Troy stated they did nice job with the property. No one in favor or opposed. Letters from the City Planner, Fire Dept.,and Conservation Commission were read into the record. Letter from Owner was also read into to the record. Motion made and seconded to grant with the following conditions:  Sale of pre-owned vehicles shall not interfere or inhibit the sale of motor fuel.  All pre-owned vehicles shall be operable, clean and have good title.  The number of pre-owned vehicles on site shall not exceed five (5) units.  All pre-owned vehicles on site shall be displayed neatly in front of the fenced in area located by the building near the underground storage tanks (see highlighted area on property map)  In consideration of the existing signage on site, no additional signage shall be approved and /or authorized.  If the tenant does not comply with the abovementioned terms/conditions to the satisfaction of the owner, and/all approval and/or authorization to see pre-owned vehicles on our lot shall be revoked. This does not serve to amend and or change the terms of the existing lease dated April 1, 2011. Vote: Staples, Amaral, Berube, Medeiros, Ackerman, ......................Yes. Petition Granted: Case #3065 Rose 50 Washington St. Hearing held on July 28, 2011 For: A Special Permit from Section 5.3 4 to allow a change of use to a gymnasium (Taunton Boxing Assoc) on first floor in conjunction with the upper floor used as residential located in the Office District. For the Petitioner: Charles Rose, 50 Washington St., Taunton, Ma. In favor: None Opposed: Letter from Stanley J. Sidor, 55 Washington St, Taunton, Ma. Letter from Raymond Sidor, 55 Washington St., Taunton, Ma. Chairman Ackerman read letter from the Mayor requesting Board to waive filing fees due to the Mr. Rose’s involvement with the community and all the support he gives to the youth of the City. Micahel made motion to waive filing fees, seconded by Troy. All in favor. Mr. Rose stated he has been at 11 Winthrop Street since 1988 with his boxing club and he has produced young men who have gone all the way to the Olympics. He has turned out some outstanding young men and some have even won metals. He teaches them integrity and respect. Chairman Ackerman read letter from City Solicitor in regards to the outstanding taxes owed by the owners of which they have entered into a payment plan. The City Solicitor stated they could proceed. Wayne made motion to allow the hearing to proceed, seconded by Joe. All in favor. Wayne stated Mr. Rose is nothing but integrity and he’s a classic example that good things can be accomplished. Mr. Rose thanked Wayne and he complimented the previous petitioner, Dr. Turner, the City has good people in it. Troy stated there has always been a problem at this site and Mr. Rose is getting rid of the undesirables and replacing them with less troublesome people. Letter from Stanley Sidor, 55 Washington St. and Raymond Sidor, 55 Washington St. opposed. Letters from the City Planner, B.O.H., Fire Dept., Water Dept. were read into the record. Wayne stated that Mr. Rose makes each member sign a contract and if they don’t obey they are off team. Vote: Amaral, Staples, Berube, Medeiros, Ackerman, ......................Yes. Petition Granted: Case #3080 Benros 175 High St. Hearing held on July 29, 2011 For: A Variance from Section 7.8 to allow the conversion of a single family to a 2-family on a lot having 10,744 sq. ft. ( (instead of 15,000 sq. ft.) (See Case # 2601) For the Petitioner: Atty. David Merritt, Dolan Connly, P.., 50 Redfield St., Boston, Ma. In favor: None Opposed: None Atty. Merritt stated in 2004 the ZBA granted a variance for the exact same thing but unfortunately the property permits were pulled and the variance was never recorded at the Reg. of Deeds. When his client went to sell the property she found the error. Atty. Merritt explains there is ample parking and square footage per unit per the building code. The lot is unique in that it’s a triangular shape but does provide the amount of parking to accommodate the number of units. He stated the new owner is here tonite but he represents the seller. Letters from the City Planner, B.O.H., Water , Fire and Conservation Commission were read into the record. The Chairman indicated the fire dept. requirements will be put as conditions. Atty. Merritt said he has worked with various city Boards and wanted to thank the ZBA Secretary for all her help with this filing and said she‘s a credit to the Board. Motion made and seconded to grant with the following conditions:  The proponent may have to renew the existing water service, depending on the age of and condition of the pipe.  Hardwired interconnected smoke detectors located throughout proposed 2-family dwelling, 780 CMR 9.0. Carbon monoxide detectors are required to meet M.G.L. 148 sec. 26 F1/2 and 527 CMR 31. A permit for a fire warning must be obtained from the Office of Fire Prevention before a building permit is signed.  If approved, and the dwelling is serviced by a septic system, the system must be upgraded to handle the additional flow of another unit. All dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. Vote: Staples, Amaral, Berube, Medeiros, Ackerman, ......................Yes. Petition Granted: Case #3081 Richardson 16 Locust St. Hearing held on July 29, 2011 For: A Special permit from Section 5.3.4 for a porch out from the house 8’7” and 9’9” wide resulting in a 9’2” front setback (instead of 25 feet) For the Petitioner: Lori-Ann Richardson, 16 Locust St. Taunton, Ma. In favor: None Opposed: None Mrs. Richardson states she’s here tonight because she was repairing the stairs/porch on her house and was informed by someone from the building department (he didn’t identify himself) that she needed permit and railings. She stopped work and applied for a building permit and was informed she needed ZBA approval because she extended them. No one in favor or opposed to the proposal. Letters from the B.O.H., Fire Dept., Conservation Commission, Water and City Planner were read into the record. Motion made and seconded to grant as Presented: Vote: Staples, Amaral, Berube, Medeiros, Ackerman, ......................Yes. Petition Granted: Case #3082 SmartCo. Dev. LLC 135 Washington Hearing held on July 29, 2011 For: A Special Permit from Section 5.3.4 for the alteration of a pre-existing non-conforming use from Retail and Office to All Office Use in an Urban Residential District. For the Petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma. In favor: Andrew Marshall, 80 Joshua Lane, Taunton, Ma. Opposed: None Atty. Rounds stated the business has been at this location since 2009 and has a history of a mixed use. The first floor was retail use but moved out and now they are requesting it all to be approved for Office Use. Atty. Rounds stated it will be less detrimental than the retail use. Chairman Ackerman asked about signage and they stated they will comply with the zoning ordinance. In favor: Andrew Marshall, 80 Joshua Lane, E. Taunton, Ma. is in support of this business and stated the owner is good businessman and a Tauntonian. He appeared before the Board for property on Winthrop Street and was denied. He stayed in Taunton and now wishes to expand. He is always donating to the kids of the community and it would be nice to keep this business local. Chairman Ackerman stated he remembers the denial case and stated it all worked out for the best, this is a better location and with room to expand. Letters from the Fire, City Planner, Conservation Commission, B.O.H., and Water Dept. were read into the record. Motion made and seconded to grant as presented: Vote: Staples, Amaral, Berube, Medeiros, Ackerman…..Yes Petition Granted: Case #3087 Loura 218 Hart St. Hearing held on July 28, 2011 For: A Variance from Section 6.2, 6.2.5 & 6.3 of the Zoning Ordinance to allow the division of one lot into two lots without having the required frontage, lot width, lot area, dry area and shape factor and municipal sewer. Lot 4-1 having the existing duplex with 18,013 sq. ft. (instead of 30,000 sq ft.) with 91.55’ of frontage & lot with (instead of 125’ frontage, and 100’ lot width) and Lot 4-2 having 18.06’of frontage & lot width (instead of 125’ frontage & 100’ lot width)with a shape factor of 40.06 (instead of 35.0)and 18,013 sq. ft . of dry area (instead of 22,500 sq. ft.) for the construction of a duplex dwelling . For the Petitioner: Louis Loura, 220A Hart St., Taunton, Ma. In favor: None Opposed: Ruth Hettman, 227A Hart St., Taunton, Ma. Mr. Loura stated he’s requesting to subdivide an existing lot and needs variances for frontage, lot area, and lot width. The property is not serviced by municipal sewer so he must comply with the Suburban Residential District requirements. He bought the property in 2009 and it has small duplex in front and he wishes to build duplex in back. The existing duplex was constructed in the 1970’s. He stated there is no need to park on street, he’s has ample parking on the property. There are 5 duplexes in the direct area and he spoke to abutters and answered questions. Chairman Ackerman asked why the emergency turnaround has two tails? Mr. Loura didn’t now, it’s just the way his Engineer drew it. It was asked how many bedrooms there would be? He answers 3 bedroom each. Mr. Loura stated he intends on keeping the bigger lot in its natural state with the trees. Oppositon: Ruth Hettman, 227A Hart St. stated they built all the houses in 1970’s and it’s a dead end street with no turnaround. She stated there are a lot of cars on the street now and if another house that will be adding to a bad situation. She stated that the plans are not correct, 218 Hart St. has no frontage. The property is already overloaded from the previous relief by the Board. She showed the Board pictures from her phone. After some discussion the Board was confused by what she was saying and what is on the plans. She spoke to everyone on Hart Street and Williams Street and said he would get it because of who he is. She stated there is a duplex already there which compromises the area. She is acting as good neighbor, she owns property but does not live there. She kept saying what is on plans is what is no there... The Board was more confused and perhaps she may have been referring to previous lot? Joe asked Mr. Loura about the driveways? Mr. Loura stated to answer and Ms. Hettman interrupted and Troy reminded her that he didn’t interrupt her when she gave presentation and she give him the same courtesy. Joe stated that he thinks the neighbor might be under the impression it will be a shared driveway. Mr. Loura explained that the existing driveway will be moved slightly so each lot will have their own driveway on their own lot. He stated she was talking about the cars parked in the street and he agrees but they are not his tenants. He too have called the police on them. She could petition the Council for no parking on one side. He stated it’s a nice dead end street and he feels he won’t be overburdening the street because he will provide his tenants parking on site. Letters from the City Planner, B.O.H., Water Dept., Fire Dept. and Conservation Commission were read into the record. Motion made and seconded to Grant with the following conditions:  Stripe the existing driveway for 218 Hart St.  Emergency turnaround placement on rear lot to be approved by the Fire Dept. to accommodate fire apparatus.  Lot4-1 with the existing duplex house shall have a minimum parking area of 17 feet in lieu of losing part of the existing driveway to lot 4-2. Motion made and seconded to grant as presented: Vote: Berube, Staples, Medeiros, Amaral, Ackerman. ......................Yes. Petition Granted: Case #3084 Stork 2 Fourth Ave. Hearing held on July 29, 2011 For: A Variance form Section 7.8 to allow a conversion of a single family to a 2 family on a lot having 9,148 sq. ft. (instead of 15,000 sq. ft.) For the Petitioner: Noelle Stork, 3 Fourth Ave., Taunton, Ma. In favor: None Opposed: None Ms. Stork stated she purchased the house in August 2009 and recently found it’s not listed as she was told. She was told it was a single with an in-law and after some research no permits were pulled. She is requesting it be a two-family. The house was built in 1870 and the main house has 3 Bedrooms and the second unit as 1 bedroom apartment. There will be no changes just legalizing what is there. Wayne asked if she found out subsequently to her buying property? She answers yes. Letters from the B.O.H., Fire Dept., Conservation Commission, Water and City Planner were read into the record. Motion made and seconded to grant as Presented: Vote: Staples, Amaral, Berube, Medeiros, Ackerman, ......................Yes. Petition Granted: Case #3085 Popps 391 Winthrop St. Hearing held on July 28, 2011 For: A Special Permit from Section 5.2 to allow a body piercing and tattoo establishment (1,216.50 sq. ft.) in a Highway Business District. . For the Petitioner: Brandie Popps, 100 Quakrer Lane, Acushnet, Ma. Gunnar Johan Gunderson, Business Manager In favor: None Opposed: None Ms. Popps stated she is requesting permission to open a body piercing/tattoo business at this location. She has been in Dartmouth for a year and in Wareham 6 years so she has the experience. Wayne stated he looked at site and thought this was good location. He stated the site is far from controversy. Ms. Popps stated there is a certain stigma that goes with tattoo businesses but it’s getting better. She will have appointments plus walk ins. Joe stated that the last two years there were proposal for tattoo business down the road and he denied both so he just wanted to be consistent. Wayne stated each case is on its own merits and if he recalls one of them was next to dance studio. This is a remote location which will have little impact. No one in favor or opposed. Wayne stated the building is sort of set up like medical office and Ms. Popps stated she likes it that way. Letters from the Fire Dept., B.O.H., Con. Comm., City Planner and Water dept. were read into the record. Vote: Staples, Berube, Medeiros, Ackerman…………….Yes Amaral …………………………………………………….No Petition Granted: Case #3086 Diogo-Alves 65 Williams Avenue Hearing held on July 28, 2011 For: A Variance from Section 6.2 to allow two dwellings on one lot in an Urban Residential District. For the Petitioner: Virginia Diogo-Alves, 65 Williams Avenue, Taunton, Ma. In favor: None Opposed: None Mrs. Diogo-Alves stated she bought house 12 years ago with 2 houses on one lot. Her elderly mother used to live there but has since moved in with her. Her daughter lived there but bought house so she now wants to rent it out. She wants to legalize the second unit so she can rent, she is recently unemployed and needs the income. No one in favor or opposed to the proposal. Letters from the City Planner, B.O.H., Fire Dept., Water Dept.and Conservation Commission were read into the record. Vote: Staples, Amaral, Berube, Medeiros, Ackerman, ......................Yes. Petition Granted: Case # 3088 Vasvatekis 65 Hart St. Hearing held on July 28, 2011 For: A Special Permit from Section 5.3.4 to allow the extension of a pre-existing non-conforming porch (4’ x 12” resulting in a 20 foot front yard setback (instead of 25 feet) For the Petitioner: George Vasvatekis, 330 Grange Park, Bridgewater, Ma. In favor: None. Opposed: None Mr. Vasvatekis stated he needs a front yard setback for the existing front porch that was recently renovated. They are proposing to be 20 feet from the property line instead of 25 feet. No one appearing in favor or opposed. Letters from the B.O.H., Fire, City Planner, Water, and Conservation Commission was read into the record. Motion made and seconded to grant as presented: Vote: Staples, Amaral, Berube, Medeiros, Ackerman…......................Yes. Petition Granted: Troy Medeiros excused. OTHER BUSINESS: Powhattan Estates – Reduction of Surety – Joe Malloch explained the City has $155,000 and they are looking for $40.000. They submitted Vines estimate. Motion made and seconded to grant request and return $40,000,. All in favor. Green Pine Town Homes – Letter from Shawn Telsi regarding recent minor modification Chairman Ackerman stated the Mr. Telsi submitted minor change last month but due to time constraits he built what was originally approved. Motion made and seconded to withdraw minor changes approved last month, and project being built as originally approved. All in favor. Meeting adjourned at 8:25 PM