Zoning Board of Appeals

CITY OF TAUNTON ZONING BOARD OF APPEALS November 10, 2016 at 6:00 PM (Meeting held at Maxham School, 141 Oak St., Taunton, Ma) Members Present: Chairman Ackerman, Amaral, Berube, Staples Correira, and Moniz. Meeting called to order at 6:02 PM Wayne made motion to accept October 13, 2016 minutes, seconded by Joe. All in favor. 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 # 3343 Laine & Pontes 13 Segreganset Road A variance from Section 440 – 702 © of the Zoning Ordinance to allow a horse barn to be 87 feet from the nearest residential structure (instead of 300’) Letter Requesting a continuance until next month. Vote: Ackerman, Berube, Correira,Amaral, Staples. …Yes. Petition continued. . Case #3339 Victor 206 High St. For: A Special Permit from Section 440 -709 of the Zoning Ordinance for a dwelling conversion of a 2 family to a 3 family on a lot having 5,760 sq. ft. (instead of 15,000 sq. ft.) and over 60% lot coverage of the side yard for parking For the Petitioner: Breeze Victor, 206 High St., Taunton, Ma. In favor: None Opposed: Letter from Mr. & Mrs. Messina, 202 High St.,Taunton, Ma. Letter from Ann Marie Cornaglia, Riverside Ave., Taunton, Ma. Letter from M.Rodrigues, Riverside Ave., Taunton, Ma. Mr. Victor went to the City Planner and City Engineer to see about parking spaces and he requested a variance for waiver from 6 to 5. They re-advertised. Joe asked if there is any curb cut on Riverside Avenue and he answers yes. Chairman Ackerman stated they straightened out the 4 parking spaces on right. Wayne stated since they are asking for waiver of parking what effect will it have on the apartment? Mr.Victor stated he is proposing a 1 bedroom apartment. The third floor apartment will help him with is finances. Chairman Ackerman asked again if he was proposing a one-bedroom apartment for the 3rd floor. Chairman Ackerman read letters from the City Planner , Conservation Commission, B.O.H., City Engineer into the record. Letter of opposition from: M. Rogriguez, Riverside Ave., and Ann Marie Cornagalia, Riverside Ave., and Mr. & Mrs. Messina, 202 High St. Mr. Victor stated one abutters in opposition is not on the 1 abutters list and the others park on the street. He stated his cars will not be on the street. He stated his parents are not around due to substance abuse and he’s trying to make end meet while providing for his brother. Wayne asked does the parking allow you turn around and drive out. Mr. Victor answers yes he went over it with the City Planner and Engineer. He stated you can go down Riverside Avenue and turn and then back into space so you will be able to drive out. Wayne stated the opposition has to know it’s will only be a 1 BR apartment reducing the number of parking. George stated there is plenty of room and Mike said the petitioner addressed all our concerns. Motion to Grant as Presented with the following condition: 1. Third floor apartment restricted to One- bedroom ONLY. Vote: Correira, Amaral, Staples, Berube……Yes Ackerman……………………………..No Petition Granted Case #3341 Hawthorne Development Inc. Winthrop St. (88-62) For: A Special Permit from Section 440 Attachment #1 of the Zoning Ordinance for a mixed use building consisting of 2,200 sq. ft. Retail/Office and 10 residential units. For the Petitioner: Atty. Edmund Brennan, One Church Green, Taunton, Ma. In favor: None Opposed: Dianne Gallego, 834 Rocky Woods St., Taunton,Ma. Tod Reinhart, 125 Andrea Lane, Taunton, Ma. Joan Proulx, 30 Range Ave. Taunton, Ma. Nancy Pearson, 33 Range Ave., Taunton,Ma. David Lewis, 44 Range Ave. Taunton, Ma. Brandon Miranda, 77 Alexandra Dr. Taunton, Ma. Zane Rogers, 19 Range Ave. Taunton, Ma. . Atty. Brennan stated they originally wanted a 10 unit residential with commercial building. They have amended their proposal for a duplex on each lot and no commercial use. They were going to try and place a triplex on each lot but they decided against it due to the wetlands. So now they need a Special Permit for residential use in a highway business district. They will need to file a NOI with Conservation Commission. Joe asked if they would be taking the buildings down and it was answered yes. The existing single family on the corner lot will remain. No one in favor. Joe likes that it will be set back from the road about 85 feet. Opposed: David Lewis, 44 Range Ave. asked about new plans and Lot 5 & Lot 6? It was explained the NEW proposal is for a duplex style house (2 units) on each lot, which is lot 5 & lot 6. Mr. Lewis stated there is 2 homes on Range Avenue and those are single family. Nancy Pearson, 33 Range Avenue – asked if the proposed duplexes will be rental or condos for sale.? Her questions were manager on site, lawn maintenance, security, sidewalks, dumpster? The developer has never contacted them and the site has not been kept clean. Opposed: Eliz. Lewis, 44 Range 2 Ave. stated the existing corner is a bus stop so will they put sidewalk in? Joe stated this is not a big development like he was proposing before, he is placing a duplex style house on each lot. She asked why on the plans does it stated 4A is that because the lot was divided and it was answered yes. Opposed: Dane Rogers, 19 Range Avenue has some concerns with Lot 6 and it being close to wetlands. He stated we haven’t had a high water table in a while. He doesn’t know how the Conservation Commission will approve this ? Chairman Ackerman said they cannot answer for the Conservation Commission. He is pleased with the new plans because they reduced units from 10 to 4 units resulting in less of an impact to the neighborhood. Brandon Miranda, 77 Alexandra Drive was concerned with the safety of the exiting bus stop and removal of trees and parking. Atty. Brennan stated they will be condos, which is a form of ownership. They don’t know how many trees they will be removing at this point. There will be no dumpster and they are not adding anymore parking. These lots are just like any other lot in the neighborhood which will have trash pickup and parking on site like everyone else does in the neighborhood. These two lots will be sharing a driveway but they have their own lot. They will remove snow just like everyone else does. Atty. Brennan pointed out it’s only 2 duplexes not an apartment complex. Joe stated the petitioner designed it for one curb cut and it works better. Chairman Ackerman asked about the bus stop and Atty. Brennan said they are not planning on anything. Security is not required. Colby wishes they had more visitor parking but they comply with the ordinance. Both lots will be serviced by municipal water & sewer. Motion made and seconded to Grant as Amended with the following conditions: 1. Both lots must be serviced by Municipal Water & Sewer. 2. The Board voted to approve the amended requests on plans dated 11-1-16 showing 2 duplex style dwelling on each lot. Vote: Ackerman, Staples, Amaral, Correira, Berube…Yes. Petition Granted Case # 3344 Therrien 25 Williams Ave. For: A Variance from Section 440 Attachment 3 of the Zoning Ordinance to allow a 19’x 23’ garage having a 2.2’ side setback (instead of 15‘) . For the Petitioner: Daniel Therrien, 25 Williams Ave., Taunton, Ma. In favor: Thelma DaCosta, 21 Williams Ave., Taunton, Ma. Opposed: None Mr. Therrien stated he wishes to construct a garage with room above and need a variance for the side setback. They have an 1100 sq. ft . 3 bedroom house with one child and one child on the way and it will make it easier a safer to have garage. He stated his neighbor doesn’t have an issue with the proposal. Her house is about 25 feet away and her garage is about 17 feet way. Chairman Ackerman read letters from the City Planner, Conservation Commission and B..O.H and Thelma DaCosta, in favor. No one opposed. 3 Motion made and seconded to Grant as Presented: VOTE: Berube, Ackerman, Staples, Correira, Amaral…Yes. Petition Granted Case # 3345 Hackett 499 Norton Ave. A Variance from Section 440 – Attachment 3 - of the Zoning Ordinance to make a lot a buildable lot having zero frontage & lot width (instead of 150’ frontage & 100’ lot width) but having access via a 15 foot wide easement and a shape factor of 87 (instead of 35) Letter requesting a continuance to re-advertise. Vote: Ackerman, Berube, Amaral, Correira, Staples….Yes Petition continued. OTHER BUSINESS: Case # 3276 – Norcross – Judgement and Order – Remanded back to the Board to enter a decision reflecting its unanimous vote in favor of petition for a variance. Chairman Ackerman stated the Court has remanded this back to the ZBA requiring the Board to render a decision approving the request. Chairman Ackerman explains this case was originally denied then the Board took a re-consideration vote approving the request. After that it was brought to the Board’s attention that per the ZBA rules they cannot take a re-consideration vote so the Board filed the denial. The applicant appealed and the Court ruled that the ZBA can re-considerate a vote and the Court is now requesting a decision showing a narrative of what happened and an approval. Chairman Ackerman had a draft decision and asks the Board to approve it. Joe made motion to approve the draft decision and file the approval in Case # 3276 . Vote: Moniz, Staples, Berube, Ackerman, Berube….Yes Letter from Kevin Shea, Exec. Dir., Office of Econ. & Comm. Dev. - RFP is being issued for solicitor proposals to develop a comprehensive Master Plan for the City. Placed on file. Meeting adjourned at 7:00 PM 4 . 5