Zoning Board of Appeals

CITY OF TAUNTON ZONING BOARD OF APPEALS December 8, 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 6:04 PM Wayne made motion to accept November 10, 2016 minutes, seconded by Steve. 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 Segreganett Road For: 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’) For the Petitioner: Atty. Alan F.F. Medeiros, One Church Green, Taunton, Ma. In favor: Jerry & Caitlin Bosworth, 15 Segregansett Rd., Taunton, Ma. Opposed: None Atty. Medeiros stated he here tonight for an Agricultural Use . His client received notification from the Zoning Enforcement Officer about the zoning regarding horses. The petitioner has previously boarded her house off site but circumstances changed and she brought horse back home and now needs zoning approval. Wayne asked how long the petitioner had the horse and it was answered 19 years. Chairman Ackerman read letters from the City Planner and Conservation Commission. Jerry & Caitlin Bosworth, 15 Segregansett Rd. in favor. No one in opposition. Chairman Ackerman asked if they would be agreeable to restricted to one horse and they agreed. Motion made and seconded to Grant as Presented. Vote: Berube, Ackerman, Staples, Vieira.…..….Yes Petition Granted Contd. 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) Requesting a continuance to February meeting. 1 Motion made and seconded to grant continuance and notify them is the LAST continuance. Case # 3346 Powers 35 Bay View Rd. A variance from Section 440 – Attachment 3 – of the Zoning Ordinance for the replacement of a house having a 10.8’ front setback (instead of 25’) and a 10 foot side setback (instead of 15’) For the Petitioner: Karen Patneaude, P.E, Earth Services Corp. 198 Crane Ave. So. Taunton, Ma. In favor: None Opposed: None Karen explains the exiting house is small and non-conforming and they wish to demo it and re-construct new house. The right side will have a 10 foot side setback and front setback will be 10.8 feet from front property line. The proposed front setback is better than what it was. The reason they cannot place house further back is the septic system. The B.O.H require a 20 foot setback from house to septic system. Chairman Ackerman states the proposed house will be a little more conforming that what was there. Chairman Ackerman read letters from the City Planner and Conservation Commission. No one in favor or opposed. Motion made and seconded to Grant as Presented. Vote: Berube, Ackerman, Staples, Vieira.…..….Yes Petition Granted Joseph Amaral present at 6:18 PM Case # 3347 336 Weir LLC 336 Weir St. A Special Permit from Section 440 – Attachment 2- of the Zoning Ordinance to allow the following uses in a Business District namely: Unit 2 – 13,350 sq. ft. for power washing with truck storage & office; Unit 4A – 5,220 sq. ft. for general storage & warehouse facility with motor vehicle repair; and Unit 1 – 32,200 sq. ft. - for book distribution to store & sell wholesale books with an office. For the Petitioner: Jason Graca, 336 Weir St. Taunton, Ma. In favor: None Opposed: None Mr. Graca stated he wants to move his power washing business to another location within the building. He was in Unit 7A and wants to move in Unit 2 which has 13,350 sq. ft. Steve complimented him on a great job he’s doing with the property. He stated this property was before the Board a few years ago and went before the P.B. and was approved for specific uses in specific units. Chairman Ackerman said he did meet with the City Planner and applicant and is doing what the City Planner told them to do. The requested uses need approval. Chairman 2 Ackerman read letters from the City Planner and Conservation Commission. No one in favor or opposed. Motion made and seconded to Grant as Presented. Vote: Berube, Ackerman, Staples, Amaral, Vieira.…..….Yes Petition Granted Case # 3348 Amaro 478 Middleboro Ave A Special Permit from Section 440 – Attachment 1- of the Zoning Ordinance to allow a residential use (one-family) in a Business District. For the Petitioner: Andy Amaro, 478 Middleboro Avenue, Taunton, Ma. In favor: None Opposed: None Mr. Amaro states he bought property 8 years ago and he hasn’t had much luck renting. He wishes to re-coup his money turning it into a 2 bedroom apartment. The last use was a laundromat which has been closed for some time. He states it’s has been more challenging to rent out than he thought. Wayne asked if he needed to do any modifications? Mr. Amaro stated he would need to do interior work. The property has water and sewer. It was noted the property has an ice cream shop on other side. Mr. Amaro states it’s challenging to get someone to sign a 20 year lease. Chairman Ackerman read letters from the City Planner and Conservation Commission. No one in favor or opposed. It was stated he would need to provide 2 parking spaces for apartment. Motion made and seconded to Grant as Presented with the following conditions: 1. Single family residential use shall not have more than 2 bedrooms 2. Provide 2 parking spaces for residential use. Vote: Berube, Ackerman, Staples, Amaral, Vieira.…..….Yes Petition Granted Case # 3349 Ennis 10 Little St. A Special Permit from Section 440 – 503 of the Zoning Ordinance for the extension of pre-existing non-conforming structure by allowing a 6’ x 36’ farmer’s porch with stairs. For the Petitioner: Mark Ennis, 10 Little St. Taunton, Ma. In favor: None Opposed: None 3 Mr. Ennis states he wants to put a farmer’s porch on his house which is a pre-existing non-conforming structure. Wayne asked him if this street is located off Bay Street and he answers yes, next to Hoffman Street. Wayne asked if there was a big drop in the area because he remembers riding his bikes in that area. Mr. Ennis didn’t know but he’s only been there 6 years. Chairman Ackerman read letters from the City Planner and Conservation Commission. No one in favor or opposed. Motion made and seconded to Grant as Presented: Vote: Berube, Ackerman, Staples, Amaral, Vieira.…..….Yes Petition Granted Case # 3350 Pigney 67 Blake St. For: A Special Permit from Section 440 – 710 for an Accessor Dwelling Unit and a Variance from Section 440-710 (D) allowing to exceed the 850 sq. ft. maximum (proposal is 882 sq. ft.) and more than 30% of the habitable floor area of the building. For the Petitioner: Andrew Pigney, 67 Blake St., Taunton, Ma. In favor: None Opposed: None Mr. Pigney states he is planning on putting an accessory dwelling unit in for his wife’s sister. She is a little older and could use a little help from them. Chairman Ackerman informed him it must be renewed every 5 years and the renewal fee is $100. Mr. Pigney stated he was aware of that. Chairman Ackerman read letters from the City Planner and Conservation Commission. No one in favor or opposed. Motion made and seconded to Grant as Presented: Vote: Berube, Ackerman, Staples, Amaral, Vieira.…..….Yes Petition Granted Case #3351 Sullivan 10 Cal’s Court For: A Special Permit from Section 440 – 710 for an Accessor Dwelling Unit and a Variance from Section 440-710 (D) allowing to exceed the 850 sq. ft. maximum (proposal is 924 sq. ft.) and more than 30% of the habitable floor area of the building. For the Petitioner: Jennifer Sullivan, 10 Cal’s Court, Taunton, Ma. In favor: None Opposed: None 4 Ms. Sullivan stated her dad would be the one living in the Accessory Dwelling Unit. She bought the house 2 years ago and her dad loves to bake so he needs kitchen. He will have a kitchen, bedroom, bathroom and living room/kitchen all accessible through the main house. Wayne asked if she needed to do any construction? She answered they are adding a single car garage in back of the existing 2 car garage. They will use that space above garages for the accessory dwelling. She stated her dad is 80 years old and loves to bake so he wants a kitchen. She has a contractor ready to go and this is the best proposal they came up with. There space above the existing garage was somewhat done but they need to put kitchenette and then they were notified they need zoning approval. Chairman Ackerman read letters from the City Planner and Conservation Commission. No one in favor or opposed. She is aware she has to renew every 5 years. Motion made and seconded to Grant as Presented: Vote: Berube, Ackerman, Staples, Amaral, Vieira.…..….Yes Petition Granted Meeting adjourned at 6:37 PM 5 Case # 3351 Sullivan 10 Cal’s Court A Special Permit from Section 440 – 710 of the Zoning Ordinance for an Accessory Dwelling Unit and A variance from Section 440 - 710 (D) allowing it to exceed the 850 sq. ft. maximum (proposal is 924 sq. ft.). 6 OTHER BUSINESS: Meeting adjourned at 6:37 PM 7 . 8