Zoning Board of Appeals

CITY OF TAUNTON ZONING BOARD OF APPEALS JUNE 8, 2017 – 6:00 pm. (held at Maxham School, 141 Oak St, Taunton, Ma.) Members Present: Wayne Berube, Steven Vieira, Michael Staples , George Moniz and Joseph Amaral. Meting opens at 6:05 PM Joe made motion to accept minutes of May 11, 2017 seconded by Wayne, All in favor. Acting Chairman Vieira explains the ZBA process. They hear presentation from petitioner, hear opposition and in favor and then go back to petitioner to answer any questions. They do not go back and forth. Case # 3389 Kay, Buchek, Cornell & Nadeau 250 Williams St. A Variance from Section 440 -602A & 440 Attachment #3 of the Zoning Ordinance for the re-configuration of 3 lots into two lots. Lots 126 & 127 combined having 82.46’ of frontage & lot width (instead of 125’frontage & 100’ lot width) with 26,400 sq. ft. lot area (instead of 30,000 sq. ft.) Lot 123 having the existing dwelling with 82.46’ of frontage & lot width (instead of 100’ lot width & 125’ of frontage) with 8,800 sq. ft. of lot area & dry area (instead of 30,000 sq. ft of lot area & 22,500 sq. ft. dry area) and having 28% maximum lot coverage (instead of 20%) with a sideline setback of 3.43’ (instead of 15’) for property located at 250 Williams Street, Taunton, Ma. (Property I.D. 94-123, 94-126 & 94-127) For the Petitioner: Atty. William Rosa, Wynn & Wynn, 90 New State Highway, Raynham, Ma. Brad Fitzgerald, P.E., Senna Fitzgerald & Williams, 28 Main St., Lakeville, Ma. In favor: None Opposed: Bertrand Gallant, 256 Williams St., Taunton, Ma. Deborah Carr, 175 Partridge Circle, Taunton, Ma. Atty. Rosa explains how they are here tonight to re-apply for another variance because the previous one had expired. The Board continued the hearing to seek the City Engineer’s opinion on the use of a paper street. The City Engineer submitted a letter which Atty. Rosa read to the Board. In the letter the City Engineer recommends having access off Williams Street and not the paper street. They submitted new plans showing access off Williams Street. Atty. Rosa stated no one has the right to block the paper street. Brad Fitzgerald, P.E. explains how the removal of the trees was not that significant given the elevations however; they will propose to place a berm to re-direct the water. He stated part of the building permit process is to show the runoff and they will do that. Joe stated they continued because they wanted to know what they could do 1 on the paper street. Wayne stated this is to only refresh the previous approval. Chairman Ackerman read letters from the City Planner, Conservation Commission and B.O H. into the record. Opposed: Bert Gallant, 256 Williams Street, brought up concerns relative to the removal of trees and now they have water in their basement. He stated he saw Bruce Cornell and he showed him his basement with water. He stated if he can divert the water he has no concern with a house going in. He stated since they are not putting driveway then why did they cut all the trees down? Chairman Ackerman suggested putting some sort of plantings in to soak up the water. Deborah Carr, 175 Partridge Circle wanted to speak in opposition. Atty. Rosa went on record opposed to her speaking because she’s not an abutter of interest. Ms. Carr stated it’s a public hearing. Chairman Ackerman stated he would allow her to speak because this Board allows public input. Ms. Carr stated this proposal is against the zoning by-laws. Brad Fitzgerald, P.E., stated they could put some trees in to replace ones taken down. He suggests spacing about 8 feet apart. Brad said any surface water goes to the low spot and he suggests install berm to help with run off, as shown on updated plans. Motion made and second to grant with the following conditions: 1. Petitioner to plant 14 trees (Pine trees or Arborvitaes) a minimum of 6 feet in height,, 8 feet apart along the property line of property I.D. 94, lots 126 & 127 and Barstow Street. 2. Petitioner to install a 12” high berm to contain runoff on the lot (as shown on plans dated March 15, 2017 revised June 7, 2017. 3. Driveway must be off Williams Street. Vote: Ackerman, Staples, Correira, Berube, Amaral......Yes Petition Granted: Case # 3391 Ferreira 53 Harrison Ave. A Special Permit from Section 440 Attachment #3 of the Zoning Ordinance for the conversion of a 2 –family to a 4 family on a lot having 21,728 sq. ft. of lot area and dry area (instead of 453, 560 q. ft. of lot area & dry area) in an Urban Residential District to be eligible to petition the Municipal Council for a Special Permit for a 4-family use. For the Petitioner: Atty. Thomas Gay, Jr., P. O. Box 988, Taunton, Ma. In favor: Marybeth King Perry, 18 Ridge Rd., Raynham, Ma. Edward & Jayne Ross, 42 Orchard St., Taunton, Ma. Opposed: Alan Durran, 41 Harrison Ave., Taunton, Ma. Atty. Gay stated they are proposing to convert the existing 2 family to a 4 family but needs zoning relief for lot size and then they will be eligible to go to the Council for a special permit for a 4 family use. They will be upgrading the building with smoke detectors, upgrading the electric, sprinklers and putting dormer on 3rd floor. The property is larger than abutting properties and they have submitted plans showing 10 parking spaces. They will be installing a 6 foot white privacy fence. Wayne pointed out house was in a state of decay . Steven Ferreira stated he bought house and it’s had old wiring 2 and he plans on bringing it up to code . This is the old King residence and it’s one of the biggest houses in the neighborhood. Joe asked how many bedrooms for each apartment. Atty. Gay answers there will be two one-bedroom apartments and two 2-bedroom apartments. They plan on staying within the footprint. Chairman Ackerman stated the neighborhood has changed and it more vibrant there. George stated most of the houses in neighborhood are 3, 4 and 5 families. Atty. Thomas referenced several properties that are 3 & 4 families. Joe asked if this is a dead end and it was answers yes but has access off White Street. Atty. Costa stated the hardship is the size of the lot because the house can easily accommodate it. Wayne stated part of the hardship is the house is big and the third floor is currently wasted space. After all the updated and improvements it will be a much safer building. In favor: MaryBeth King Perry, 18 Ridge Rd., Raynham, Ma. She said she sold the property to her cousin and she’ s very pleased with the proposal . He’s doing a fabulous job. Jayne & Ed Ross, 42 Orchard St. own 32 Barnum Street in favor. They are very pleased with the plans and entrance off White Street. Ed Ross met with Mr. Ferrier and he’s a nice young man doing a good job. The City would be lucky to have more of him. Opposed: Alan Durran, 41 Harrison Ave., stated he’s opposed because there will be more traffic and having irresponsible land owners, and expanding the density. Chairman Ackerman stated they could by right put more bedroom in. Mr. Durran stated he doesn’t want the neighborhood to turn into a multi-family home neighborhood. . He stated it needs to be a one-way street. It will make a big difference if owner lives there. Atty. Gay stated the applicant owns 12 investment properties and friendly with the neighbors and will take pride in the property and it’s unfair to assume he will be an absentee landlord. He is not changing the look of the building and he is making the parking better which helps the neighborhood. Wayne stated it’s a 21,000 sq. ft. lot and he will be making improvements and he sees it as a good thing for the neighborhood. Chairman Ackerman stated the applicant has an emotional attachment to the house and the house is big enough to easily accommodate 4 families. Mike agrees it will be an improvement. Chairman Ackerman read letters from the City Planner, Fire, B.O.H., and Conservation Commission into the record Motion made and seconded to Grant as Presented: Vote: Berube, Staples, Correira, Amaral, Ackerman …....….Yes Petition Granted Case # 3394 Emerson 174 Prospect Hill St. A Special Permit from Section 440-710 and Variance from Section 440-710 (D) of the Zoning Ordinance for an accessory dwelling unit in a Rural Residential District and the accessory dwelling unit to exceed the maximum 850 sq. ft. (Proposal is 1,232 sq. ft.) and over 30% of the habitable floor of the building. For the Petitioner: Alan Dias-Martin, on behalf Joanne Emerson, 174 Prospect Hill St., Taunton, Ma. In favor: None Opposed: None 3 Mr. Dias-Martin stated they are proposing to renovate the basement so he and his wife and family can live with his in-laws. Chairman Ackerman reminded him that this needs to be renewed every 5 years and they were aware of that. Chairman Ackerman read letters from the City Planner, Fire ,B.O.H., and Conservation Commission into the record. Motion made and seconded to Grant as Presented: Vote: Berube, Staples, Correira, Amaral, Ackerman …..….Yes Petition Granted Case # 3392 Provencher 59 ½ Fremont St. A Special Permit from Section 440-503 of the Zoning Ordinance for the extension of a pre-existing non-conforming structure by allowing a 25’ x 35’ addition having a 4 foot side setback. For the Petitioner: Karen Patneaude, P.E., Earth Services Corp, 198 Crane Ave. So, Taunton, Ma. In favor: None Opposed: None Karen stated the petitioners are proposing to construct an 875 square foot addition to the existing house. The existing house was constructed in 1910 pre-zoning and is pre- existing non-conforming. Right now the house is about 3 feet from property line and the existing deck is a foot over the property line which will be removed. Chairman Ackerman read letters from the City Planner, Fire ,B.O.H., and Conservation Commission into the record. No one in opposition or in favor. Motion made and seconded to Grant as Presented: Vote: Berube, Staples, Correira, Amaral, Ackerman …..….Yes Petition Granted Case # 3393 Jeij & Antoine 491 W. Water St. A Special Permit from Section 440 #2 of the Zoning Ordinance for an increase in Auto Sales from 8 vehicles to 93 vehicles for the existing tire service auto repair and auto sales business on premises situated at 491 West Water Street, Taunton, Ma. For the Petitioner: Edmond Jreij, 1151 Washington St, Taunton, Ma. George Antoun, 1151 Washington St, Taunton, Ma. In favor: None Opposed: None Ed states he is leasing a larger portion of the property and wishes to increase the auto sales to 93 vehicles but he really doesn’t need that many vehicles right away. He would be ok with 60 maximum. Joe asked if he bought the property and Ed answers they have a 4 10 year lease. Joe stated it a lot of vehicles and he doesn’t want it to look like a junk yard. Ed stated he put a few cars on this property to block big trucks from using property to turnaround and he was informed by the ZEO they couldn’t do it . Ed stated the property is all concrete (the former foundation of the tannery) and they will level it and line it. Chairman Ackerman stated going from 8 to 93 is a big increase. Chairman Ackerman suggests approving a lesser amount and have them come back to show they have done a good job. Joe asked what’s the average number of vehicles they sell and Ed answers about 4 cars a month. It was suggested to put a barrier along Fifth Street . Joe wants the lot to look nice. Chairman Ackerman read letters from the City Planner, B.O.H., Conservation Commission, Engineer and Fire into the record. There was discussion about reducing the number of vehicles to 50 . Perhaps eliminate the middle row (spaces 39-69) and add more employee parking & customer parking. The Board did not want any auto parts and junk stored outside. Motion made and seconded to Grant with the following conditions: 1. No more than 50 vehicles for sale at one time. 2. The entire site shall be maintained and used for the display area and customer and employee parking. 3. Eliminate the center row (39-69) and show the extent of the concrete slab more clearly on the plan. 4. Add more parking for customer and employees. 5. No outdoor storage of auto parts. 6. The proposed access on West Water Street must comply with the 70 feet minimum required from an intersection (Section 440-704) Vote: Berube, Staples, Correira, Amaral, Ackerman …....….Yes Petition Granted OTHER BUSINESS: Summer Schedule – Motion made to cancel August meeting and resume the regular schedule in September, Seconded by Wayne. Vote: Ackerman, Vieira, Correira, Amaral, Berube...Yes. Staples...................................................................No. Motion passed to cancel August meeting. Next meeting will be September 14, 2017. Meeting adjourned at 7:47 PM 5 6 7 8 9