Zoning Board of Appeals

City of Taunton, MA 141 Oak Street, Taunton, MA 02780 ph: (508) 821­1000 7­31­14 mins. CITY OF TAUNTON Zoning Board of Appeals Minutes July 31, 2014 at 6:00 pm. Present: Wayne Berube, Dennis Ackerman, Joseph Amaral, Mike Staples and Steven Vieira and George Moniz. Meeting opens at 6:01 pm Wayne made motion to approve minutes of June 12, 2014 seconded by Joe. 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. They do not go back and forth. Case # 3165 ­ 6­month extension – Letter asking for a 6­month extension. – 218 Hart St. Due to medical issues the petitioner did not exercise the variance before it expired. The deadline for an extension has passed and therefor he has to re­apply. The Board voted to waive the filing fee. Case # 3150­ Mod. – Requesting a 6­month extension – Brophy – 475 Crane Ave. South Motion to grant a 6­month extension. Vote: Ackerman, Vieira, Amaral, Berube and Staples…………... Yes Cont’d. Case # 3229 Ceven 815 Middleboro Ave. A Special Permit from Section 7.9 and a Variance from Section 7.9 #4 of the Zoning Ordinance for 905 sq. ft. Accessory Dwelling Unit (over the allowed 850 sq. ft. ) and over the 30% habitable floor area. Request for a continuance and waiving the time frame on which to act on this proposal. Motion made and seconded to grant continuance. Vote: Ackerman, Viera, Berube, Amaral,Staples…Yes. Petition continued: 65 Metacomet Avenue – Notice of Sale – Chapter 40B – Powhattan Estates – Notice of sale of house located in powattan Estates – Has to stay affordable. Received and placed on file. The Settlement – Request to move affordable lot on Appaloosa Way to Shedland Drive Request to switch affordable lot 17 to Lot 1. Motion made and seconded to find this to be a minor change and approve the switch of affordable designation from Lot 17 to Lot 1 in the Settlement Subdivision. Case #3243 Snyder 245 Highland St. A Variance from Section 6.3 of Zoning Ordinance for the Variance from Section 6.3 of the Zoning Ordinance to allow the division of one lot into two lots. Lot 1 having 10,029 square feet & dry area (instead of 15,000 sq. ft. & 11,250 sq. ft. dry area) and lot 2 having 10,104 square feet of lot area & dry area (instead of 15,000 sq. ft. & 11,250 sq. ft. dry area) For the Petitioner: Atty. John­Paul Thomas, 98 County St, Taunton, Ma. In favor: None Opposition: Nina Pimental, 271 Highland St., Taunton, Ma. Susan Edenberg, 250 Highland St., Taunton, Ma. Cheryl Revezzo, 268 Highland St., Taunton, Ma. Atty. Thomas stated they are here tonight because 2 lots have merged for zoning purposes and they wish to divide. The lots has frontage on 3 streets. The lot is the same size as the others in the area. The existing house will be razed and 2 single families will be built. They will connect to City water & sewer Chairman Ackerman read letters from the City Planner and Conservation Commission into the record. Wayne stated the property is located in the Urban Residential district and they are proposing single family. It was noted they could demo existing house and replace with duplex. Opposed: Nina Pimental, 271 Highland Street stated there was recently a house split and there has been problems. She disagrees about lot size and has issues with the character of the people who reside there. There was a stabbing,parties every weekend and fights. It was later clarified this petitioner is not the same one that appeared before the Board a few months back. That is house next door. The petitioner herself has called the police too. Chairman stated they have no control who lives there if sold? Opposed: Susan Edenberg, 250 Highland Street lives across the street. She stated Lopes is the ones who are troublesome. They have been nothing but trouble. Chairman Ackerman stated now we have control but if they want to put duplex and rent out we have no control. Opposed: Cheryl Revezzo, 268 Highland Street lives across and she does not want another house. Atty. Thomas stated if petitioner is denied she has intentions of selling. Chairman Ackerman wanted the abutters to know if they split the lot they will only be 2 single family houses opposed to possible duplex with renters. Joe stated this petitioner is not the noise makers in the neighborhood. Wayne asked if the existing house will be removed and he answers yes. Wayne asked if its empty and Atty. Thomas answers yes it was left with broker. Mike stated if single family it most likely it will be owner occupied. Joe stated they have frontage just smaller lot size. Motion made and seconded to Grant as presented: Vote: Amaral, Moniz, Staples, Berube, Ackerman, ......... …Yes Petition granted: George excused at 6:31 pm. Case #3240 Andrade 15 Dighton Ave. A Special Permit from Section 5.3.4 to allow the extension of a non­conforming structure by allowing a 24’ x 8’ deck with a 2 foot overhang resulting in a 18 foot front setback (instead of 25’) For the Petitioner: Michael Gomes, Contractor for the applicant. In favor: None Opposition: None Mike explains he will be re­building the farmer’s porch and putting sono tubes with an overhang making the front settback 18 feet instead of 25 feet. No one in favor or opposed. Dept. comments from City Planner and Conservation Commission were read into the record. Motion made and seconded to Grant as Presented: Vote: Vieira Staples, Berube, Ackerman, Amaral, ......... …Yes Petition Granted. Case # 3236 Cataldo 22 Blackbird Lane A Variance from Section 6.3 & Special Permit from Section 5.3.4 of the Zoning Ordinance for a parcel of land a parcel of registered land having 14,623 sq. ft. of dry area and 121.11 feet of frontage to be separated from an adjacent non­registered land parcel which has previously been sold by prior owner to a third party before it was purportedly conveyed to the petitioners. This parcel of registered land was once to be combined with an adjacent parcel of unregistered land so that the area of the combined parcels would have been 22,024 sq. ft. with a combined frontage of 329.02 feet. Petitioners are seeking a Variance from Section 6.3 & A Special Permit from Section 5.3.4 in order to have the existing house and lot with 14,623 sq. ft. (instead of 60,000 sq. ft.) with 121.11’ of frontage (instead of 150’) and 14,623 sq. ft. of dry area (instead of 43,560 sq. ft) . For the Petitioner: Atty. Alan Medeiros, One Church Green, Taunton, Ma. In favor: Antonio Dias, 296 Caswelll St., Taunton, Ma. Opposition: None Atty. Medeiros stated the petitioner has a fairly unusual set of circumstances. The parcel they thought they owned was conveyed to someone else years ago. They are trying to legalize their lot as it exists. The problem was part of their land was registered land and part of unregistered land. Atty. Medeiros stated the previous owners conveyed the land and his client has no part of the mix up. No one in favor or opposition. In Favor; Antonio Dias, 296 Caswell St., in favor. He stated the land is now is but they have no difficulties between them. Wayne stated the lot conveyed was unregistered land. Atty. Medeiros stated yes, it was just a mix up and you can’t sell what you don’t have. Chairman reads department comments from City Planner, and Conservation Commission were read into the record. Motion made and seconded to Grant as Presented: Vote: Staples, Berube Vieira, Ackerman, Amaral, ......... …Yes Petition Granted. Case # 3237 Wang 12 Winthrop St. A Special Permit from Section 5.2 for a mixed use in the Central Business District with a restaurant on 1st floor and 2 apartments on 2nd floor. For the Petitioner: Paul Patneaude, P.E., Earth Services Corp., 198 Crane Ave South, Taunton, Ma. In favor: None Opposition: None Paul stated the owner is currently renovating the former Orient Restaurant. The building was used for a restaurant on the first floor with an apartment on second floor. However there are no approval for the residential use on 2nd floor. They now are asking for a mixed use, restaurant on first with 2 apartments on 2nd floor. Joe stated owner has done a good job fixing it up. No one in favor or opposed. Dept. comments from City Planner and Conservation Commission were read into the record. Motion made and seconded to Grant as Presented: Vote: Staples, Berube Vieira, Ackerman, Amaral, ......... …Yes Petition Granted. Case # 3239 Wessels 34 Robert Boyden Rd. A Special Permit from Section 6.3 for the modification of Case # 3211 and allow a 1,485 square foot shed (instead of previously approved 1,050 sq. ft.) with a rear setback of 23 feet. For the Petitioner: Scott Wessels, 34 Robert Boyden Road, Taunton, Ma. In favor: None Opposition: None Scott explains that he was here a few months ago for an approval for the shed and now he just wants to make a bit bigger. Because of this he is asking for a waiver of the filing fees. Wayne made motion to waive the filing fee, seconded by Michael. All in favor. Scott stated he already received approval for the Site Plan Review by the Planning Board. There are no other changes. No one in favor or opposed. Dept. comments from City Planner and Conservation Commission were read into the record. Motion made and seconded to Grant as Presented: Vote: Staples, Berube Vieira, Ackerman, Amaral, ......... …Yes Petition Granted. Case #3241 Sehi LLC 31 Winthrop St. A variance from Section 6.3 for the construction of a 22’ x 32’ canopy over the exiting gas pumps having a one foot front setback (instead of 25’) For the Petitioner: Atty. Matthew Costa, Gay & Gay, P.C., P. O. Box 988, Taunton, Ma. In favor: None Opposition: None Atty. Costa states he was here in June for the modification of the use by taking out auto repair and putting in retail. However at that time they neglected to add the canopy. This is the former Sam’s Gas and they will be fixing up building. Chairman Ackerman disclosed that he is on the Board at his church, which is an abutter to this property but has no conflict and can vote on this proposal. Wayne asked if they would be improving site and they said yes. Atty. Costa stated there’s a new owner and they plan to improve site. Wayne asked if they were going to paint building and owner, Charlie, answers yes. Wayne stated it needs painting. No one in favor or opposed. Dept. comments from City Planner and Conservation Commission were read into the record. Motion made and seconded to Grant as Presented: Vote: Vieira Staples, Berube, Ackerman, Amaral, ......... …Yes Petition Granted. Case #3242 Feodoroff 54 Longmeadow Rd. A variance from Section 6.3 to allow a side setback of 23.9’ (instead of 40’) for the conversion of an existing mixed use building to all residential (4 or more units) located in the Urban Residential District. For the Petitioner: Atty. Matthew Costa, Gay & Gay, P.C., P. O. Box 988, Taunton, Ma. In favor: None Opposition: None Wayne disclosed that he is an abutter to this property but has no conflict so he can vote on case if applicant doesn’t have any objection? Mr. Feodoroff has no objections. Mr. Feodoroff stated this is the Carriage House property which has been there for many years. Right now he has offices and residences and he wants to make it all residential. Doing that the setbacks change so he must have a 40 foot side setback and the current building is 23.9 feet . Mr. Feodoroff stated he will be using same foot print. He is not going to be adding anything. He is thinking between 6­8 units which requires a special permit from council. The area is a residential area and this will fit in. There is in excess of 30 parking spaces in the rear of building. He wanted to get approval before he spent money on architect. Joe said you can’t even see the parking in rear. Mr. Feodoroff stated there is very low key businesses there now, his office, 2 accountants, single woman living in apartment. This he thinks is a reasonable plan. No one in favor or opposed. Dept. comments from City Planner and Conservation Commission were read into the record. Motion made and seconded to Grant as Presented: Vote: Vieira Staples, Berube, Ackerman, Amaral, ......... …Yes Petition granted: Case #3244 Buffington & Clark 8 Canney Dr. A variance from Section 5.3.4 of zoning ordinance for the alteration of a pre­existing non­conforming structure by allowing an addition having a 22 foot front yard setback (instead of 40 feet) For the Petitioner: Paul Patneaude, P.E., Earth Services Corp., 198 Crane Ave. South, Taunton, Ma In favor: None Opposition: None Paul stated the petitioners have lived here for 7 years and since their family has expanded need more room. There is wetland on the property which will require a filing the Conservation Commission. The septic system is on right side and they will expand on left having a 22 foot setback. At that time the setback was 25 feet but now it’s 40 feet. The current stairs are 17 feet from the front property line. No one in favor or opposed. City comments from the City Planner and Conservation Commission were read into the record. Motion made and seconded to Grant as Presented: Vote: Vieira Staples, Berube, Ackerman, Amaral, ......... …Yes Petition Granted. Case #3245 DaSilva 218 School St. A variance from Section 5.2 of zoning ordinance for the use of the front building to be used as an office and showroom by appointment only and a waiver of the parking requirements. For the Petitioner: Herbert DaSilva, 75 Ferncrest Dr.,Taunton, Ma. In favor: None Opposition: None Letter from the City Planner informing that the petitioner did not properly ask for a variance for the waiver for parking so the Board can only vote on the Use. Mr. DaSilva states he wants to put his business, Herb’s Hardwood Floors, here but only by appointment only and office. This is the former building that has been used for a barber shop and alteration business. Mr. DaSilva stated he can meet the parking requirement. He has 4 for house and 4 for business. Wayne stated we can only vote on the USE of the building. No one in favor or opposed. City comments from the City Planner and Conservation Commission were read into the record. Motion made and seconded to Grant a Variance from Section 5.2 of the Zoning Ordinance for USE ONLY for office and Showroom (by appointment only) Vote: Vieira Staples, Berube, Ackerman, Amaral, ......... …Yes Petition Granted. Meeting adjourned at 7:20 pm.