Zoning Board of Appeals

MINUTES CITY OF TAUNTON ZONING BOARD OF APPEALS January 12, 2017 at 6:00 pm. (held at Maxham School, 141 Oak St, Taunton, Ma.) Members Present: Dennis Ackerman, Steven Vieira, Wayne Berube, Michael Staples, Colby Correira and George Moniz. Meeting opens a 6: 00 pm. Wayne made motion to approve minutes of December 8, 2016 meeting, seconded by Steve. All in favor. . Chairman Ackerman explains the ZBA process. A presentation is made by the Petitioner then they hear from opposed/ and in favor. Then the petitioner is allowed to answer questions and the Board votes. We do not go back and forth. You need 4 votes to pass. Election of Officers: Wayne nominated Dennis Ackerman for Chairman, seconded by Steve. All in favor. Dennis obtains from voting. Wayne nominated Steven Vieira for Clerk, seconded by Colby. All in favor. Steve abstains from voting. Case #3352 Giunta 7 Hopewell St. For: A Variance from Section 440 Attachment #3 to allow a shed having a foot side setback (instead of 25’) For the Petitioner: James Giunta, 7 Hopewell St., Taunton, Ma. In favor: None Opposed: None Mr. Giunta states he wants to place a shed on his property. Chairman Ackerman asked if he could move it to the other side? Mr Giunta answers there is no driveway on that side and he had a medical condition. He wants shed at the end of the driveway so he won’t have to lift or pull snow blower. He states now he has to walk about 100 feet. Chairman Ackerman understands his concern. Wayne asked if it would be fully enclosed and he answers yes. Letters from the City Planner, Conservation Commission, and B.O.H. were read into the record. No one in favor or opposed. Motion made and seconded to Grant as Presented: 1 Vote: Berube, Ackerman, Staples, Correira, Vieira.…..….Yes Petition Granted Case #3353 Lima North Walker St. (Prop. I.D. 63-69) For: A Variance from Section 440 Attachment #3 to allow a shed having an one foot side setback (instead of 25’) For the Petitioner: Karen Patneaude, Earth Services Corp.198 Crane Ave. South, Taunton, Ma. In favor: None Opposed: None Karen states about 1 ½ years ago the ZBA granted approval and then the applicant went to the Conservation Commission and as result of that there were less wetland area so they moved the lot lines. The original driveway was 500 feet long but as a result of less wetland area they were able to reduce it to 200 feet long. They went to the Planning Board and received approval. Unfortunately the variance has now expired and they need to renew it. Chairman Ackerman stated the previous ZBA approval had 2 conditions and asked if they were ok with that? Karen states ok. Letters from the City Planner, B.O.H., Conservation Commission and Fire Dept. were read into the record. No one in favor or opposed. Motion made and seconded to Grant with the following conditions: 1. That recorded copies of access easements including maintenance and snow plowing responsibilities be provided to the City Planner’s Office prior to any building permits. 2. Proposed turnaround on Lot 4b shall be widened to 40 feet to accommodate for emergency vehicles. Vote: Berube, Ackerman, Staples, Correira, Vieira.…..….Yes Petition Granted Case #3354 Carr 1444 & 1452 Somerset Ave. For: A Variance from Section 440 Attachment 4 and Section 440-603 of the Zoning Ordinance to make an unbuildable lot a buildable lot having zero feet of frontage & lot width (instead of 150’ frontage & 100’ of lot width) on premises situated on the North Walker Street, known as Map 63, Lot 69, (Lot 4D) Taunton, For the Petitioner: Karen Patneaude, Earth Services Corp., 198 Crane Ave. So., Taunton, Ma. In favor: None 2 Opposed: None Karen states about 1 ½ years ago the ZBA granted approval and then the applicant went to the Conservation Commission and as a result of that there were less wetland area so they moved the lot lines. The original driveway was 500 feet long but as a result of less wetland area they were able to reduce it to 200 feet long. They went to the Planning Board and received approval. Unfortunately the variance has now expired and they need to renew it. Chairman Ackerman stated the previous zba approval had 2 conditions and asked if they were ok with that? Karen states ok. Letters from the City Planner, B.O.H., Conservation Commission and Fire Dep. were read into the record. Letters from the City Planner, Conservation Commission, and B.O.H. were read into the record. No one in favor or opposed. Motion made and seconded to Grant with the following conditions: That recorded copies of the access easements including maintenance and snow plowing responsibilities be provided to the City Planner’s Office prior to any building permits. Proposed turnaround on Lot 4B shall be widened to 40 feet to accommodate for emergency vehicles. Vote: Berube, Ackerman, Staples, Correira, Vieira.…..….Yes Petition Granted Case #3355 Sehi LLC 31 Winthrop St. For: A Variance from Section 440-603 Attachment 3 and a Special Permit from Section 440-502 & 440-503 of the Zoning Ordinance to allow the re-issuance of the following approvals: to allow the construction of a gas station canopy over the existing pumps having a one(1) foot front setback (instead of 25’) and change of use from pre-existing non-conforming automobile repair facility with gasoline filling station to Retail Convenience Store with gasoline filling station in an Office District . For the Petitioner: Atty. Matthew Costa, Gay & Gay, P. O. Box 988, Taunton, Ma. In favor: None Opposed: None Atty. Costa states this is the former Sam’s Gas and in 2014 the Board granted approval and they went through the SPR process for change of use from auto repair & gas to gas with Retail. They also received a setback variance for the canopy. A building permit was pulled and the builder never exercised the building permit and when they tried to pull another building permit it was determined the zoning approval had expired. The applicant had taken legal action against the builder because a lot of money was spent and nothing was done. Atty. Costa says it‘s the same approval as before. He states retail is 3 a conforming use and it will be less intrusive that the auto repair. Chairman Ackerman excused at this time. Wayne asked if there would be any improvements done to the building. Atty. Costa stated they will be cleaning up site. George asked if they would be taking a portion of the building down. Atty. Costa explains a portion of the front will be taken down. It was asked if it would be self-serve and Atty. Costa answers yes. Steve stated there isn’t any changes from what the SPR board approved and Atty. Costa yes no changes. Letters from the City Planner, Conservation Commission, and B.O.H. were read into the record. No one in favor or opposed. Wayne stated this is the gateway to the City and he wants it be presentable. He suggests painting the building if needed and the applicant agreed. Motion made and seconded to Grant with the following conditions: 1. Make sure site is kept clean and clear of debris and rubbish. 2. Upgrade building with exterior painting of building. Vote: Berube, Staples, Correira, Moniz, Vieira.…..….Yes Petition Granted Meeting adjourned at 6:34 PM 4