Zoning Board of Appeals

CITY OF TAUNTON ZONING BOARD OF APPEALS February 16, 2017 – 6:00 pm. (held at Maxham School, 141 Oak St, Taunton, Ma.) Members Present: Wayne Berube, Steven Vieira, Joseph Amaral, Colby Correira, Michael Staples and George Moniz. Meeting opens at 6:01 PM Joe made Motion to accept minutes of January 12, 2017 meeting, seconded by Colby. All in favor Chairman Ackerman explained the ZBA process. He stated the petitioner presents their case, then they hear in people favor and people opposed. They allow petitioner to address any of the opposition’s concerns. They do not go back and forth Case # 3361 Aspen Properties Inv. LLC 9 Kilmer Ave. For: A Variance from Section 440 -709 & Section 440-709 © of the Zoning Ordinance for a dwelling of a single family to a 2-family on a lot having 7,500 sq. ft. (instead of 15,000 sq. ft.) and a waiver of parking from 4 spaces to 0 spaces. Applicant requesting a continuance because his Attorney is absent. Motion made and seconded to grant continuance to next month. Applicant agrees to waive time frame on which to act on this proposal and will follow up with letter. Petition continued to March 9, 2017 The Settlement – Request to discuss lot releases (12 lots) on new section of Appaloosa Way - Joe Malloch stated this is a new section of roadway that is now complete. GZA formerly known as Vine Associates submitted his estimate. Joe asked how many lots and Joe Malloch answers 12 lots. Joe made motion to release lots upon receipt of $5,000 per lot based on GZA’s estimate. Seconded by Wayne. All in favor. Cont’d. Case # 3345 Hackett 499 Norton Ave. For: 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) and side setback of 14.1’ (instead of 15’) Atty. Alan Medeiros For the Petitioner: Atty. Alan Medeiros, One Church Green, Taunton, Ma. In favor: Justin Audette, 461 Norton Ave., Taunton, Ma. Michael & Elen Toli, 15 Crane Ave. South, Taunton, Ma. 1 Opposed: None Atty. Medeiros states that the petitioner has resided at 499 R Norton Ave. and has lived in this section of the City for decades. The homestead was in front and years ago was owned by petitioner, brother, sister, and brother-in-law. An easement was given to access back lot. He moved to the rear of the property about 8 years ago. The petitioner owned the parcel in front with this wife and unfortunately was foreclosed on. After a survey was done a variance was needed for setback. There will be no further construction on the site. He soley wishes to continue to live there. Chairman Ackerman stated the building exists ow and no work will be done unless the building department requires it. Wayne asked why it was in foreclosure for some time and asked is it because it was land court and Atty. Medeiros said yes. Joe stated the ROW has been there and they gave a confirmatory deed. He states there was a lot of confusion but now he understands there will be no new buildings, basically making it legal. Wayne asked how wide is the easement and Atty. Medeiros answers about 15 feet wide. Steve asked if it’s a legal easement? Atty. Medeiros answers yes they have used it for the last 30 years and all the plans show use of the it. The confirmatory deed was made to substantiate the original. Wayne asked if the confirmatory deed would have impact on the foreclosure? Atty. Medeiros answers no. Chairman Ackerman stated the City Planner’s shows concerns for the suitability f access for this lot for ermergency vehicles. Atty. Medeiros states there is room for turnaround in front of building. Wayne concern was the confirmatory deed was done in 5-31-16 and was wondering how it affects the foreclosure? In favor: Justin Audette, 461 Norton Ave. a lot of the property was abandoned and now is being developed. He is in support of development because it encourages maintenance of the structure. Letters from the City Planner, B.O.H., Conservation Commission were read into the record. Letter from Michael & Ellen Toli in favor. Motion made and seconded to Grant with the following conditions: 1. That access and utility easements on lot 36-129 and lot 36-143 be recorded prior to any building permits. 2. That a turnaround for emergency vehicles suitable to the City Engineer be approved prior to any building permits and be constructed prior to any occupancy permits. 3. That the gravel driveway be 12 feet in width. Vote: Berube, Ackerman, Amaral, Staples, Vieira.…..….Yes Petition Granted 2 Case #3356 Pimentel Worcester St. (35-83) For: A Variance from Section 440 Attachment 3 of the Zoning Ordinance to allow the development of a lot having 26,567 sq. ft. of lot area & upland (instead of 60,000 sq. ft. lot area & 43,560 sq. ft. upland) with 125 feet of frontage (instead of 150’) in a Rural Residential District. For the Petitioner: Karen Patneaude, P.E., 198 Crane Ave So., Taunton, Ma. In favor: None Opposed: None Karen states this property was left to the petitioner by his great aunt. The property was 1 of 7 lots approved by the Planning Board in 1977. It was never built on and the zoning changed so now they need variance to make it buildable. This is one of the 2 lots left that has not been developed. The other lot his the petitioner’s cousin. They have been paying taxes on this property all these years. They intend on selling lot and living elsewhere. Chairman Ackerman stated most of the lots in the area are of same size. Colby asked if this was the only lot we are looking at tonight. Karen says yes the other lot is owned by out of town cousin. letters from the City planner, Conservation Commission, and Board of Health were read into the record. No one opposed. They asked if there was municipal water & sewer and Karen answered no sewer but has water. Motion made and seconded to Grant as Presented: Vote: Berube, Ackerman, Amaral, Correira,Vieira.…..….Yes Petition Granted Case #3357 Giovanelli 158-160 Tremont St. For: A Variance from Section 440-704 (4 ) (A) of the Zoning Ordinance to allow overnight parking of 2 commercial vehicles in excess of 7,000 lbs. on a residential lot. For the Petitioner: Atty. Thomas Gay, Jr., Gay & Gay, P.C., P. O. Box 988, Taunton, Ma. In favor: Antone Almeida, 156 Tremont St., Taunton, Ma. Paul King, 18 Monadnock Ave., Taunton, Ma. Opposed: None Atty. Gay states the petitioner has owned 2 commercial trucks for transporting vehicles for over 20 years. He parks the trucks behind 158 Tremont Street. Once he was notified he needed zoning approval he has kept the trucks off site. He owns both 158 & 160 Tremont Street and he wishes to continue his business. Letter from abutter Paul King, 18 Monacnock Ave, in favor. Joe stated he talked to neighbors. George asked what 3 time does he leave and Atty.Gay answers around 7:30 AM. In favor: Antone Almeida, 156 Tremont St., Letters from the City planner, Conservation Commission, and Board of Health were read into the record. No one opposed. George says the trucks has been there for years and it’s hardly visible from road. Motion made and seconded to Grant with the following condition: 1. Access easements on both lots to be recorded and copies provide to the Planning and Conservation Office for the file prior to the commencement of the parking of the vehicles on site. Vote: Berube, Ackerman, Amaral, Correira,Vieira.…..….Yes Petition Granted Case # 3358 Lopes 571 Richmond St. For: A Special Permit from Section 440 Attachment #2 for a landscaping business at 571 Richmond Street located in the Highway Business District. For the Petitioner: Rich Lopes, 433 Richmond St. E. Taunton, Ma. In favor: Andrew J. Marshall, 80 Joshua Lane, E. Taunton, Ma. Opposed: None Mr. Lopes says he was building an addition to the existing garage and he was informed he needed to go to the ZBA for approval for his landscaping business. Andrew Marshall, 80 Joshua Lane, E. Taunton, Ma spoke in favor . He states Mr. Lopes is a great business owner who gives back to the community. Letters from the City planner, Conservation Commission, and Board of Health were read into the record. No one opposed. Motion made and seconded to Grant as Presented: Vote: Berube, Ackerman, Amaral, Correira,Vieira.…..….Yes Petition Granted Case #3359 Hawthorne Development Corp. 698 Bay St. For: A Special Permit from Section 440-Attachment #1 of the Zoning Ordinance for a 3 family dwelling in an Urban Residential District. For the Petitioner: Atty. Edmund Brennan, One Church Green, Taunton, Ma. In favor: None Opposed: Jose Garcia, 685 Bay St., Unit 2, Taunton, Ma. Kathy Tonini, 3 Kurt’s Place, Taunton, Ma. Cathy Cyr, 80 Theresa St., Taunton, Ma. Maureen Drewniany, 25 Theresa St., Taunton, Ma. 4 Atty. Brennan stated they are here for a Special Permit for a 3 family use. The property is the site of the former Benjamins Restaurant which have been re-configured into 8 lots. This is the only one that fronts on Bay Street. All the other lots will have a single family on them. This lot is across the street from a condo development. Atty. Brennan submits a rendering of the building. There is adequate room for parking and there will be nice landscaping. Chairman Ackerman stated they could do a duplex by right. Atty. Brennan stated his client the petitioner has control over 4 lots and another developer purchased the other lots. Atty. Brennan explains how he could put 8 units on the 4 lots and he committed to single families. He stated this proposal for a triplex will help with the finances. Steve asked if there would be condo docs and he suggests recording them before occupancy and they agreed. Wayne asked 2 bedroom or 3 bedrooms and Atty. Brennan answer it will be no more than 3 bedrooms. Joe stated the developer is taking a risk of selling surrounding houses because of the triplex on this lot? Atty. Brennan says buyer beware but the triplex will be a nice looking building. Joe expected all triplexes on the lots. Opposed: Jose Garcia, 685 Bay St., Unit 2 just bought his condos 8 months go. He was concerned with snow removal? Kathy Tonini, 3 Kurt’s Place states this is better than previous plan. Cathy Cyr, 80 Theresa agreed it’s better than previous plan. Maureen Drewniany, 25 Theresa St., stated she knew it was 9 lots but re-configured to 8 lots. She was hoping they would lots would backup to each other. Letters from the City planner, Conservation Commission, and Board of Health were read into the record. No one opposed. Motion made and seconded to Grant with the following condition: 1. Condo documents to be recorded prior to receiving Certificate of Occupancy Vote: Berube, Ackerman, Amaral, Correira,Vieira.…..….Yes Petition Granted Case #3360 174 Dean Street LLC Dean St. (Prop. 56-37) A Variance from Section 440 Attachment #3 & Special Permit from Section 440 Attachment #1 of the Zoning Ordinance to allow a 2-famiy dwelling in an Office District on a lot without frontage on a public street but having access to the lot via a 24 foot paved driveway within an access easement across the lot with 309 feet of frontage on Dean Street, known on Assessor’s Map property I.D. 56-37. For the Petitioner: Atty. Edmund Brennan, One Church Green, Taunton, Ma. In favor: None Opposed: None Atty. Brennan states they are here tonight for a Special Permit for a duplex in an Office district which is adjacent to Dean commons behind Pub 99 Restaurant. Dean Commons has 27 residential units with 1-4 office units. They are proposing to use the 15,000 sq. ft. 5 lot to put duplex and use a portion of it for parking for the office building. They are adding 12 more parking spaces. There will be easement created to exclusive use by the office building. They are going to market the duplex as owner occupied. They have a right of way from 1950 to use driveway to access back which is 24’ wide access easement. The petitioner reserved the right to use access to back land. They are responsible for maintenance and this new lot will share it also. Chairman Ackerman asked if they have water & sewer and they said yes. Steve asked if the duplex will have separate association or they can ask the other condos to join theirs, they may need 100% approval Atty. Brennan stated the parking lot will need a site plan review with Planning Board. Colby asked if they will give easement for parking for the office building and it was answered yes. Chairman Ackerman read letters from the City Planner, Conservation Commission, Board of Health into the record. Motion made and seconded to Grant with the following conditions: 1. Provide copy of recorded access easement for the existing office building to use parking lot 2. The new two-family dwelling to be serviced by municipal water & sewer. Vote: Berube, Ackerman, Amaral, Correira, Vieira.…..….Yes Petition Granted Case #3362 Sixty Seven Summer Street Realty Trust 67 Summer St A Variance from Section 440 Attachment #3 of the Zoning Ordinance for a lot having 36,510 sq. ft. of lot area and dry area (instead of 43,560 sq. ft. lot area & dry area) to be eligible to petition the Municipal Council for a Special Permit for a 4- family Use. For the Petitioner: Atty. Matthew Costa, Gay & Gay, P.C., P. O. Box 988, Taunton, Ma. In favor: None Opposed: None Atty. Costa stated the petitioner purchased this property in 2009 from Bank of America as a 4 family, with 2 units on first floor, 1 unit on 3rd floor and one unit in the basement. Unfortunately there was a fire in September of 2016 and it was then discovered the basement apartment wasn’t legal. They are asking for variance for lot area so they can go to Municipal Council for 4 family use. The river is in back and the property slopes in the back. The basement unit is a walkout due to the topography. They will be bringing the whole building up to code and installing sprinklers. The only exterior change will be a stairway in back. Wayne asked if he had it rented as a 4 family and he answered yes. It was only discovered because of the fire. There are 2 parking spaces for each unit. Steve asked if parking was stacked and Atty. Gay said there has never been an issue with the parking. Letters from the City planner, Conservation Commission, and Board of Health were read into the record. No one opposed. 6 Motion made and seconded to Grant as presented: Vote: Berube, Ackerman, Amaral, Correira,Vieira.…..….Yes Petition Granted OTHER BUSINESS: Case #2468-C- 2017 Green Pine Town Homes 171 Hart St. For: A Modification of a Comprehensive Permit (entitled “Green Pine Town Homes) - located at 171 Hart Street (property I.D. 94-169 -1) pursuant to General Laws, Chapter 40B, Section 20-23 – Modifications are: Reduction of units from 49 to 48, Proposing 15 feet separation between units, Re-design of detention basin. Removal of impact fee for market rates ($1,200) Relocation of clubhouse Clarification of responsibility of the developer for various fees & construction costs For the Petitioner: Shawn N. Telsi, 73 Truman Rd., Newton, Ma. Louise Toni Grasso, Realtor, Coldwell Banker In favor: None Opposed: Letter from Peter Andrade, 18 Briarwood Dr., Taunton, Ma. Jan Rego, 88 Briarwood Dr., Taunton, Ma. Andrew J. Marshall, 80 Joshua Lane - not opposed just had concerns. Mr. Telsi says he’s been working on this project for 10 years and sold 2 units and now wishes to make some changes. He wants to get going again. He ‘s aware of his commitments to Briarwood for sewer and this past summer he put in water & sewer and has do to the easement. He ran out of money and now wants to start selling again. He needs to pull curb cut permit from DPW and now he’s aware he the City is not maintaining the sewer pump station. He didn’t’ know he would have to re-pave the entire street. He stated the units will be the same footprint just have about 15 feet between them. He has to go to conservation again in April. Chairman Ackerman read the City Planner’s letter into the record and suggests following the recommendations which includes submitting a proforma, drainage calculations for modified detention basin. Chairman Ackerman stated they have continued to the applicant know what is needed and he does not submit the required documents. Chairman Ackerman stated he’s aware of the Cease & desist from the Conservation Commission and fines because work was done without permits and inspections. Jan Rego, 88 Briarwood Dr. stated last May he put sewer & water and dug up his & his neighbors’ yard and he just wants it straightened out. it’s now an eyesore and he should be responsible for putting it back. There was a written agreement and now it’s unacceptable. A.J. Marshall, spoke for his parents, he’s not opposed. He stated project started 10 years go and the Board negotiated in good faith. The violations are there because of the developer not the Board. A.J. pointed out the 7 Board is asking what is required under the law for the changes. This is a large project for a small area and part of the 40B process is give & take. There was a hearing with the housing court and things were negotiated and he needs to be held responsible. This Board needs to know if work was done properly and that will be reflected on the As- Builts. The proforma is a requirement of Chapter 40B. He stated the applicant must follow the rules like any other developer. Shawn stated the ZBA is killing the project. Mr. Telsi started to get upset over what the Board is requesting. Chairman Ackerman stated they are asking for what is required by any other applicant when a change is requested. Shawn says this is just a concept plan. Je stated he would recommend a continuance and ask for the things citing by the City Planner. Joe stated you need to get the infrastructure completed. Ms.Louise Rosso, Realtor for Coldwell Banker spoke. She wants to work with Mr. Telsi & the Board in getting all this complete. In the end it will be a win win for everyone involved. Mr. Telsi stated he would do what is required by the Board and he hopes for a resolution. He stated he might want to re-design and he might end up with less units. Motion made and seconded to continue until May meeting and have the petitioner submit the following: 1. Submit a pro-forma demonstrating why the fees should be modified. 2. Submit full drainage calculations to demonstrate that the modified detention basin will function properly with sufficient capacity. 3. Submit check for $2,500 to be deposited in the escrow to cover the review of the modification request including the above mentioned reports. Escrow account to be replenished to a balance of $2,500 once it dips below $1,000. 4. The Board will require in the future a modification filing fee in addition to covering the review costs as allowed in the Board’s Rules and Regulations. Vote: Berube, Ackerman, Amaral, Correira, Vieira.…..….Yes Petition continued to May 11, 2017 Meeting adjourned at 8:05 PM 8 9 10 11