Zoning Board of Appeals

City of Taunton, MA 141 Oak Street, Taunton, MA 02780 ph: (508) 821­1000 6­12­14 mins. CITY OF TAUNTON Zoning Board of Appeals Minutes June 12, 2014 at 6:00 pm. Present: Wayne Berube, Dennis Ackerman, Pete Wasylow, Mike Staples and Steven Vieira. Meeting opens at 6:02 pm Peter made motion to approve minutes of May 8, 2014 seconded by Wayne .All in favor. Chairman Ackerman explains the ZBA process. The petitioner presents their case, then they hear from in favor and opposed and then the petitioner has chance to answers questions. We do not go back and forth. Case # 3199 – 6­month extension – Letter asking for a 6­month extension. Peter made motion to grant 6­month extension for Case # 3199, seconded by Wayne. All in favor. Case # 3235 Koss 44 Dean St. Prop. I.D. 55­756 & 55­757 A Variance from Section 7.1.2; 7.3.1; 17.4; 17.4.4; 17.6.6; 17.6.8; 17.6.9 & 7.11 of the Zoning Ordinance for the development of a parcel located in the Transit Oriented Development Overlay District. Said development having less than the required parking lot landscaping, 90 parking spaces (instead of 120); a five (5) story building 55’ in height (instead of 3 stories, with 40’ in height); residential units on ground floor (instead of parking or commercial space on ground floor); parking in front of building (instead of behind building); building not situated parallel or perpendicular to street; building situated away from street (instead of close to street) a reduction of landscaping buffer from 15 feet to 7.5. Letter requesting a continuance until September 4, 2014 meeting. Also extending the time frame on which to act on this proposal. Motion made and seconded to grant continuance to 9­4­14. All in favor. Case # 3237 Sehi 31 Winthrop St. Meeting held on June 12, 2014 A Special Permit from Section 5.2 & 5.3.4 of the Zoning Ordinance to allow the change of us from pre­existing non­conforming automobile repair facility with gasoline to Retail Convenience store with gasoline filling station in an Office District. For the Petitioner: Atty. David Gay, P.C., P. O. Box 988, Taunton, Ma.. In favor: None Opposition: None Atty. Gay states they are here for a change of use to a pre­existing non­conforming use. They are proposing to remove the auto repair and replace with retail. In an Office District retail is allowed by a Special Permit and repair is not but this is grandfathered. He stated the change will be more compatible and less impact on the neighborhood. There will be no changes with a slight less impervious area. They will refurbish the building with paint. Chairman Ackerman stated a lot of gas stations are putting stores in and removing repair. No opposition. Chairman reads department comments from City Planner, Conservation Commission, and B.O.H. were read into the record. Motion made and seconded to Grant as Presented: Vote: Berube Staples, Wasylow, Vieira, Ackerman, ......... …Yes Petition Granted. Joseph Amaral present at 6:08 pm Case #3228 Martinelli 134 Caswell St. Meeting held on June 12, 2014 A variance from Section 6.2 & 6.3 of the Zoning Ordinance to allow the division of one lot into two lots. Lot 1 having 110 feet of frontage (instead of 150’) and lot 2 having 20 feet of frontage and Lot width (instead of 150’ of frontage & 100’ of lot width) with a shape factor of 38.8 (instead of 35) For the Petitioner: James Martinelli, 134 Caswell St., E. Taunton, Ma. In favor: Opposition: Robert & Debra March, 40 Erin Rd., E.Taunton, Ma. Mr. Martinelli stated he is here for the division of one lot into two lots to provide housing for his father­in­law. The existing house is a 2 story house and he cannot get around so they want to build a 2,200 square feet modest ranch for him. He is in wheelchair and on oxygen. Opposed: Robert & Debra March, 40 Erin Rd., stated their property is directly in back. She bought house 22 years ago because of the wooded area. She has water in back and they have fixed drain. They are afraid they will have more water. She wanted tree line to remain. Chairman Ackerman asked if they would prefer a restriction on tree buffer. He stated the City Engineer will ensure there is no more water than what is exists on their property. Mr. March stated he was told the property was non­buildable by realtor and bank. Joe stated it is non­buildable that is why they are here tonight. Mrs. March stated she spent over $30, 000 on drainage. Chairman Ackerman reminded them the City Engineer will ensure that stays that way. It was asked if a 25 foot no touch would be acceptable and Mrs. March stated she would prefer larger buffer. It was asked how far away the house would be? After some review of plans it was estimated about 80 or 90 feet away and the house would be over 100’ away. The Board said they would ask them to leave trees and Mr. Martinelli agreed. It was suggested a 50 foot no touch zone along property line of 40 Erin Road. Chairman reads department comments from City Planner, Conservation Commission, and B.O.H. were read into the record. Motion made and seconded to Grant with the following condition: Drainage to be approved by the City Engineer. Singe family dwelling only. A 50 foot wide No Touch Zone starting along the property line of 40 Erin Road. Vote: Berube, Wasylow, Ackerman, Amaral, ......... …Yes Vieira……………………………………………………..No Petition Granted. Case # 3229 Ceven 815 Middleboro Avenue Meeting held on June 12, 2014 The Petition of Linda Ceven, 988 Middleboro Avenue, E. Taunton, Ma. for a Special Permit from Section 7.9 and a Variance from Section 7.9 #4 of the Zoning Ordinance for a 905 square foot Accessory Dwelling Unit (over the allowed 850 sq. ft.) and over the 30% habitable floor area. For the Petitioner: Linda Ceven, 988 Middleboro Avenue, E. Taunton, Ma. In favor: None Opposition: None Mrs. Ceven stated they purchased the existing single family and they want to make an in­law for her mom. She is not currently living there the house needs some work. Chairman Ackerman stated this property is subject to previous zoning approval and he asked if the fence is up yet. Peter asked if the previous developer did what was supposed to do. The Board stated the petitioner is unfortunately in the middle. The Board wants to make sure all the conditions have been met. She stated they held back some monies for fence. She stated if he doesn’t put fence up she will. It’s all staked out and they just cleared land. Joe asked if she understands all the conditions and she answers yes. Chairman Ackerman stated the Attorney that represented them is here tonight and hopefully he hears what the Board is saying. They want all the conditions met. Mrs. Ceven stated they have seen all the approvals and is confident they will put up fence. She stated they are going to re­configure house to accommodate living space for her mom. Peter stated he cannot vote in favor until the fence is up. It’s unfortunate the petitioner is caught in the middle but this will put heat on the developer to get everything done. It was stated again the Attorney is here tonight on another case and hopefully he hears the Board’s concerns. It was suggested continuing until next month and hopefully next month everything will be completed. Motion to continue to July 31, 2014. Vote: Berube, Wasylow, Vieira, Amaral, Ackerman, .........YES Petition Continued: Case # 3230 Smith 190 South Walker St. Meeting held on June 12, 2014 A Variance from Section 6.3 of the Zoning Ordinance to allow the division of one lot into two lots. Lot 89­87 having 108.29’ frontage (instead of 150’) and lot 89­88 having 53,817 sq. ft. (instead of 60,000 sq. ft.) with 129.16’ of frontage (instead of 150’) For the Petitioner: Paul Patneaude, P.E., Earth Services Corp., 198 Crane Ave.So. Taunton,Ma. Paul Smith, 16 Brad Rd., Stoughton,Ma. In favor: None Opposition: David Marsden, 196 So. Walker St.,Taunton, Ma. Brian & Crystal O’Learly, 200 So.Walker St., Taunton,Ma. Fred Cornaglia, 193 So.Walker St.,Taunton,Ma. Petition signed by 18 abutters in opposition. Paul P. stated this property is in the Rural Residential District but was developed under the Suburban Residential District and was conforming. As a result of the zoning change they have merged for zoning purposes. They are keeping the original lot with the existing house and the newly created lot will have the required lot size but reduced frontage. The property was bought by petitioner’s grandfather 100 years ago. She planned on putting her retirement house on this lot. Jean now needs round the clock care and they are going to sell this lot to help with finances. He stated that 190 South Walker Street is on market. Opposed: David Marsden, 196 S. Walker Street. He submitted petition signed by abutters in opposition. He stated he has been a resident of South Walker Street since 1958 and now his son lives there. He knew Jean Smith for 56 years and over time her and her husband Walter purchased the adjacent property. During that time the Westville area was being respected for the environment and forest areas. During the 1980’s the zoning changed to Rural Residential and a lot of the property was owned by Reed Brothers and they tried to keep it as farm land. Jean Smith respected that and they spoke against development. He and Jean walked the land. He stated the intensity of Section 6.3 should be respected. He stated the lot does not meet the requirements. Chairman Ackerman stated that is why they are here tonight. Opposed: Crystal O’Leary, 198 ½ So.Walker Street stated she the neighborhood has been there and her father lives at 191 So.Walker Street. She stated Jean Smith is a friend and the neighborhood consists of 2nd & 3rd generations. She stated when Nichols Mill was developed that impact the neighborhood. She stated they came before the ZBA to divide their lot andwas approved. They lived in back while her in­laws live in front lot. She stated if it were Jean’s intention to build their retirement home they it would have been built. She stated the Smiths were a big proponent of Reeds Farms and it was permanently agriculture. She stated she has lived their 30 years and has not seen her family too often. She stated she is opposed because this is purely for financial. She wouldn’t be opposed if they were trying to live close by to care to Jean. She stated Jean’s family never moved in to help her. She stated that there are other properties Jean owns they could sell to help with finances. She referenced Godfrey Street and 2 properties in Matapoisett, Ma. Brian O’Leary also opposed. He would be in favor if it were for medical reasons and they were going to live there and care for her. Fred Cornaglia, 193 So.Walker Street also opposed and he signed petition. Paul Smith stated that Jean can’t be home and they need money to pay for nursing home. Wayne asked if they own other property? Paul Smith answers no she doesn’t own them. Chairman reads department comments from City Planner, Conservation Commission, and B.O.H. were read into the record. Joe stated that Mr.Marsden made good points. There is no hardship. He questioned the credibility of the deeds? They could have been liquidated over the years and now in trust. Wayne stated that if their intent was to build on the vacant lot they should have when they could have before it merged into one lot. They are creating non­conforming lot. Chairman Ackerman stated there is no hardship relating to lot other than financial. Steve questioned the deed transfer for $1. He stated this proposal has severe opposition and there is no hardship other than financial. Motion made and seconded to Grant as Presented: Vote: Berube, Wasylow, Vieira, Amaral, Ackerman, ......... No Petition Denied: Case # 3231 Vaz One General Cobb St. Meeting held on June 12, 2014 A Variance from Section 6.2 & 6.3 of the Zoning Ordinance to allow the division of one lot into two lots. Lot 1 having 8,120 sq. ft. of lot area & dry area (instead of 15,000 sq. ft. of lot area & 11,250 sq. ft. of dry area) and Lot 2 having 60 feet of frontage & lot width (instead of 100 feet) with 10,440 sq. ft. of lot area and dry area (instead of 15,000 sq. ft. of lot area & 11,250 sq. ft. of dry area) on premises situated at One General Cobb Street, Taunton, MA known on Assessor’s Map Property I.D. 77­531 & Property I.D. 77­529) For the Petitioner: Atty.Michael Strojny, 277 Winthrop St.,Taunton, Ma. Paul Patneaude, P.E., Earth Services Corp., 198 Crane Ave., So., Taunton, Ma. In favor: None Opposition: Ann LaFrance, 9 General Cobb St., Taunton, Ma. Juanita Gallagher, 145 Winthrop St., Taunton, Ma. Atty. Strojny public acknowledges that he was not involved in the previous case (815 Middleboro Ave.) as the Chairman stated. He was not the attorney involved in the initial approval. Atty. Strojny stated this property is on the corner of General Cobb Street and Cohannet Street. It’s a L shaped lot and they are proposing to divide into two lots. One lot with the existing and the other lots fronting on Cohannet Street. The existing lot is identical to the lot next door. He stated the next lot is owned by nephew and the house is under water. The hardship is the topography of the lot and shape. Ann LaFrance, 9 General Cobb Street has some concerns with the parking. Currently the existing house parks on corner creating a hazard. She stated One General Cobb Street never had a driveway. She wanted to make sure there is on­site parking. The Board advised her the plans show a driveway on lot 1 (One General Cobb St) Joe asked if they were proposing a single family dwelling and it was answered yes. Juanita Gallagher, 145 Winthrop Street stated this is directly across from Cobb Brook and she is certified in Conservation and she thinks the lots is too small. She stated the property is in the Riverfront Area and it must have to go to Conservation. She stated the “Powers to Be” said they didn’t need approval for cutting trees. Mrs. Gallagher stated the DEP is trying to stop building in these sensitive areas. Chairman Ackerman stated if this needed approval from Conservation then the Agent would make sure it did. Atty. Strojny stated they are not obligated to show parking on plans but will have to on the building permit plans. If within 200’ of wetland they will be required to go to Conservation Commission and if they see reason they can deny. Wayne stated according the plans they are proposing a driveway on existing house lot. The new lot will most likely have a driveway in back. It’s most likely the entrance would be off Cohannet Street. They are required to have 2 parking spaces for a single family lot. They said the property would be sold a local developer. Chairman Ackerman read the Department letters from the Conservation Commission, City Planner and B.O.H. Motion made and seconded to Grant with the following conditions: Single family dwelling only on Lot 2. Lot 2 must have on­site parking Drainage to be approved by City Engineer and DPW. Both lots to have their own driveway for on­site parking Vote: Berube, Wasylow, Vieira, Amaral, Ackerman, .........YES Petition Granted: Case # 3232 Pereira 38 Leisure Lane Meeting held on June 12, 2014 A Variance from Section 6.3 of the Zoning Ordinance to allow the construction of a 11’5” x 24’ garage stall with a 7’3” side setback (instead of 15’) and to allow a 16’ x 20’ family room addition with a 9’2” side setback (instead of 15’) For the Petitioner: Dan & Jaimie Pereira, 38 Leisure Lane, E. Taunton, Ma. In favor: petition signed by 5 abutters in favor. Opposition: None Mr. Pereira states they are here tonight to ask for 2 variances for side setbacks. They have lived here for 14 years and have 2 children and need more room. The will convert the existing 2 stall garage into a breezeway and add a single stall on the other side. They also want to add a family room on other side. They have the smallest house in the neighborhood. He presented pictures of neighborhood. He stated in 2000 they built house at a sharp angle. Chairman Ackerman read the City Planner’s letter into the record. Mr. Pereira stated he does have city sewer so leaving room for truck for septic is no needed. He did state could fit small truck in back if needed. He submitted petition signed by 5 abutters in favor. He stated he could squeeze thru with a truck having 8 feet on one side and about 10 feet on other. No opposition. Chairman reads department comments from City Planner, Conservation Commission, and B.O.H. were read into the record. Motion made and seconded to Grant as Presented: Vote: Berube Veiira Wasylow, Ackerman, Amaral, ......... …Yes Petition Granted. Case # 3233 CREF II Silver City LLC 2 Galleria Mall Drive Meeting held on June 12, 2014 The petitioner of CREFF II Silver City LLC, 411 W. Putnam Ave., Ste. 425, Greenwich, CT for a Variance from Section 7.5.5, 7.5.6, & 7.5.3.4 of the Zoning Ordinance to allow a 170 foot free­standing sign on premises situated on the southwest side of the intersection of Route 24 and Route 140 known as 2 Galleria Mall Drive, Taunton, Ma. For the Petitioner: Atty. Kevin McAllister, One Church Green, Taunton, Ma. In favor: None Opposition: None Atty. McAllister stated they were here last month to replace the existing free­standing sign and discussion was brought up about height. So they are here tonight to request variance for height for 170 foot free­standing as opposed to the original zoning approval for 137 feet. This is phase I of the revitalization of the mall and this will allow all tenants to be on sign and now it will be better visibility. This will help with directing patrons to the mall. There is vegetation in the area and they will need to go to Conservation Commission for approval. Chairman Ackerman read department letters from the City Planner, Conservation Commission and B.O.H.. No one in favor or opposed to proposal. Motion to Grant as presented based on adherence to the submitted application including the submitted plans and all bulk, size and intensity criteria contained herein. Vote: Berube, Wasylow, Vieira, Amaral, Ackerman, .........YES Petition Granted: Case #3234 Perry 18 Short St. Meeting held on June 12, 2014 A Variance from Section 6.3 to allow a 24’ x 32’ garage having a 7 foot side setback instead of 25 feet. For the Petitioner: Jenna Perry & Nicholas Aurelio, 18 Short St., Taunton, Ma. In favor: Mike & Carol Stacy, 22 Short St., Taunton, Ma. Opposition: None Ms. Perry states they are proposing to put garage to store hobby cars. They are proposing a 24 x 32 garage which will be closer to the property line than house. No one opposed. Carol & Mike Stacy, 22 Short St., in favor. They are direct abutters and have issues and points out there is quite a bit of distance between houses. Department comments from City Planner, Conservation Commission, and B.O.H. were read into the record. Motion made and seconded to Grant as Presented: Vote: Vieira, Berube, Wasylow, Ackerman, Amaral, ......... …Yes Petition Granted. OTHER BUSINESS: Meeting adjourned at 7:50 pm.