Zoning Board of Appeals

CITY OF TAUNTON ZONING BOARD OF APPEALS JULY 13, 2017 – 6:00 pm. (held at Maxham School, 141 Oak St, Taunton, Ma.) Members Present: Wayne Berube, Dennis Ackerman, Michael Staples, Steven Vieira, Colby Correira, and Joseph Amaral. Meting opens at 6:01 PM Chairman Ackerman 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. Letter from Jeff Burt – relative to sign variance for 448 Broadway – requesting a waiver of filing fees. Chairman Ackerman read letter from Mr. Burt requesting waiver of filing fees because he has to re-apply for a variance for the sign. The owner did not pull permit for sign and now the variance had expired. Motion made and seconded to grant request and waive filing fee. Vote: Ackerman, Vieira, Berube, Correira, Amaral,....Yes Chairman Ackerman stated he has received notification from abutters relative to the developer digging up properties on Briarwood Drive for the sewer connection. In 2016 Shawn Telso dug u[p two (78 & 88 Briarwood Dr) properties for the sewer & water connection and has never been back to fix the properties. Since then the developer has indicated the Bank has taken over the property. Jan Rego stated he has a written agreement with Mr. Telsi on what he was supposed to do and put his property back to its original condition. Chairman Ackerman suggests asking the Board to forward a letter to the DPW asking if the sewer pump station is working and ask the Law Dept. if we can use the monies we are holding to fix the properties. Apparently the property is in foreclosure, although we have not yet been officially notified. Joe made motion to send letter to DPW requesting confirmation the pump station is operating correctly and if the 2 homeowners can tie into it. Also send letter to Law Dept. for legal advice on whether or not we can use monies we are holding to fix the two properties. Case # 3395 Indeck 110 Powhattan Dr. A Special Permit from Section 440-710 of the Zoning Ordinance for the Renewal of an Accessory Dwelling Unit. For the Petitioner: Steven Indeck, 110 Powhattan Dr. E. Taunton, Ma. In favor: None 1 Opposed: None Mr. Indeck is requesting to renew the accessory dwelling unit. He still has relative living there. No changes. No one in favor or opposed. Chairman Ackerman read letters from the City Planner, Conservation Commission, and B.O.H. into the record. Motion made and seconded to Grant as Presented: Vote: Berube, Vieira, Correira, Amaral, Ackerman …..…Yes Petition Granted Case # 3396 Campbell 1358 Cohannet St. A Variance from Section 440-602, Section 440 Attachment #3 and a Special Permit from Section 440 Attachment#1 for the division of a 13 acre parcel into 3 lots. Lot A having the existing access via 20 foot wide easement without the required 100’ lot width (having 10’) or the required 125’ of frontage (having 8.27’) and Lot B having access thru the same 20’ wide easement without the required 125’ of frontage and l00’ lot width (having 0’ lot width & frontage) and Special Permit to allow a single family dwelling on Lot C located in the Highway Business District. For the Petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma. In favor: None Opposed: None Atty. Rounds stated they are proposing to divide a large parcel into 3 lots. The lot currently has a single family located on it and they wish to create 2 additional house lots, one for his daughter & family to live and the other to sell. The second lot is a conforming lot but because it’s in the HBD needs a Special Permit to allow house . The existing driveway is being used by the petitioner and will be used by the new lot that his daughter will build on. The petitioner’s daughter lives with him now so there will not be any added traffic because they are there now. The lot in the Highway Business District is a conforming lot but needs a Special Permit to allow a residential use. Chairman Ackerman stated he likes that there is a turnaround on Lot A. Joe stated this is unique in that the property is in two zoning district, has wetlands and the River in back. Joe stated he has no issues with another house on this large parcel. He pointed out Lot C is right along the River and will required Conservation approval. Wayne pointed out the hardship is the shape and size of the lot, location of the wetlands and the River’s Protection Act. Steve stated Lot C only requires a Special Permit for residential use. No one in favor or opposed. Chairman Ackerman read letters from the City Planner, Conservation Commission and B.O.H. in the record. It was asked if there was city water & sewer and it was answered just water. Motion made and seconded to Grant with the following condition: 1. New lots must be serviced by municipal water. 2 Vote: Berube, Vieira, Correira, Amaral, Ackerman …..….Yes Petition Granted Case # 3397 Estate of Alfred Eugenio Ben Street Prop. I.D. (91-11 & 91-12) For: A Variance from Section 440-602, Section 440 Attachment #3 of the Zoning Ordinance to make 2 lots buildable. Lot 91-12 having 0 feet of frontage & lot width (instead of 100’) and 5,000 sq. ft. of lot area & upland (instead of 15,000 sq. ft. lot area & 11,250 sq. ft. upland) with 11 foot side setbacks (instead of 15’) in the Urban Residential District; Lot 91-11 having 0 feet of frontage & lot width (instead of 125’ frontage & 100’ lot width) and 5,000 sq. ft. of lot area & min. upland (instead of 30,000 sq. ft.& 22,500 sq. ft. min. upland) with 11 foot side setbacks (instead of 15’) in a Suburban Residential District. For the Petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma. In favor: None Opposed: Barbara Gagne, 12 Edson St., Taunton, Ma. Edward, Gail and Samantha Seserman, 136 Highland St., Taunton, Ma. Letter from Ramiro Soito, 134 Highland St., Taunton, Ma. Atty. Rounds stated last year the Board granted variances for these lots with the condition they go to the Planning Board for a roadway improvement plan. Atty. Rounds stated the issue is the Planning Board wanted them to develop the whole street for 2 house lots which would be very costly. Also it would interfere with some of the existing homes and structures. So they are here tonight to request waivers for zero feet of frontage & lot width but having access via Ben Street. They would be accessing Ben Street from Hoover Street, not Highland Street. If they were forced to access from Highland Street there would be more impact to the neighbors. Chairman Ackerman asked about the turnaround and stated it’s subject to the City Engineer. Joe asked if you can access from Highland Street and it was answered if you have a SUV. Atty. Rounds stated the Planning Board wanted pavement. Atty. Rounds stated the 2 houses will be responsible for plowing. It was asked if this had to go to the P.B. for a Form J and Atty. Rounds answered he didn’t think so because they existed prior to zoning. No one in favor. Gail Seserman, 136 Highland St. stated they purchased the house a few months ago and was not aware of any lots behind them. Opposed: Barbara Gagne, 12 Edson, she is here opposing same as last time. She stated there are 7 houses on Pinehurst which is very narrow and they use Edson Street to access. Wayne said these lots were approved before and they are just getting them re-approved. Samantha Seserman, 136 Highland St. stated people run the stop sign and she is worried about safety. Atty. Rounds stated it’s impossible to make everyone happy but he feels this is the best proposal with less impact on the neighbors. Chairman Ackerman read letters from the City Planner, Conservation Commission and B.O.H. into the record. No one in favor or opposed. Motion made and seconded to Grant with the following condition: 1. New lots to be serviced by Municipal Water & Sewer. 3 Vote: Berube, Vieira, Correira, Amaral, Ackerman …..…Yes Petition Granted Case # 3398 Tirrell One Lowell Street A Special Permit from Section 440-710 of the Zoning Ordinance and a Variance from Section 440-710 (D) &(E) and Section 440-502 for an accessory dwelling unit on a lot having 7,405 sq. ft. (instead of 15,000 sq. ft.) and accessory dwelling unit being 740 sq. ft. (over the max. 30% of habitable flor area of bldg..) and a reduction of parking from 4 spaces to 3 spaces and allow parking in front yard. For the Petitioner: Raymond Tirrell, One Lowell St., Taunton, Ma. In favor: None Opposed: Richard Joan Parke, 8 Kilton St., Taunton, Ma. Mr. Tirrell explains how he wishes to put an accessory dwelling in his home for his son to live to help him out. He is aware it must be renewed every 5 years. Joe asked where this street was located and they said next to Kilmer Avenue. Chairman Ackerman read letters from the City Planner, B.O .H and Conservation Commission into the record. Letter from Abutters, Richard & Jean Parke, 8 Kilton was read into the record. No one in favor. Chairman Ackerman stated he has never denied an accessory dwelling unit and he has no issues with the proposal. Motion made and seconded to Grant as Presented: Vote: Berube, Vieira, Staples, Amaral, Ackerman …..…Yes Petition Granted Case # 3399 McCaffrey Brookside Avenue (Prop. I.D. 110-115) A Variance from Section 440 attachment #3 and Section 440-602 of the Zoning Ordinance for the construction of a house on a lot having 0 feet of frontage & lot width (instead of 125’ frontage & 100’ lot width) in a Suburban Residential District on premises situated on westerly side of Brookside Avenue , Taunton, Ma. known as Assessor’s Map 110 parcel 115. For the Petitioner: Karen Patneaude, P.E. Earth Services Corp., 198 Crane Ave. So., Taunton, Ma. In favor: None Opposed: Atty. Joseph deMello, representing KRISTA Realty Trust,71 Main St., Taunton, Ma. Lisa & Julia LaBelle, 5-7 Brookside Avenue, E. Taunton, Ma. Joseph Correira, 40 Liberty St., E. Taunton, Ma. Dan & Patricia, Rebecca Dolan, 48 Liberty St., E. Taunton, Ma. Karen states the petitioner wishes to divide the property into2 lots to build their retirement home. There is access from Brookside Avenue. There is water & sewer on the north end of Liberty Street. They purchased the property in 2004 with the intent of 4 building but the road was never constructed. They have been paying taxes on the property. There are a few houses on Brookside Avenue and it would be a significant cost to construct the road for one house. Chairman Ackerman asked where is the access? Wayne stated they created their own hardship because they bought the property. Opposed: Atty. Joseph deMello, KRISTA Realty Trust, stated they had an approval for a subdivision in 2003 but due to the market was not built. His client tried to reach out to Mr. McCaffrey about tying into the sewer but was unsuccessful. Atty. deMello stated there is no legal hardship. He stated it is self-made hardship. He stated he tried to reach out to him but didn’t work out. Joe asked about the subdivision the P.B. approved and Atty. deMello answers it’s on the left side, 6 lots. Wayne stated he bought the lot knowing there was no road there, he doesn’t see a hardship. It was suggested seeking access from Liberty Street. Atty. deMello stated he was adamant to get utilities from his property. Opposed: Lisa & Julia LaBelle, 5-7 Brookside Ave. She has lived there 40 years and the drainage is horrible. She has 1-2 sump pumps running all day and they have water in their basement. Their biggest concern is the high water tables. They do not want it to get worse. Chairman Ackerman stated during the building permit process the City Engineer has to make sure there is no more water runoff than what exists. Joe asked who plows and they and they answered the City. Opposed: Joe Correira, 40 Liberty St. stated he has lived there for 25 years and he abuts the lot and it’s unbuildable. Opposed: Dan & Patricia Dolan, 48 Liberty St. is opposed because of the water runoff, frost heaves, narrowness of the road. It’s unsafe and they bottleneck to Middleboro Avenue Liberty St & O’Connor Street. They have been good neighbors but they want the area to remain rural. Rebecca Dolan, 48 Liberty St. stated a new house would change the area which would affect the animals in the area. She stated two pets were killed last year. It was suggested going through their own property and accessing from Liberty Street. Joe suggests working with abutters and perhaps work out a deal about utilities. Karen stated Elsmore Avenue is in bad shape. Joe suggests working with abutter about subdivision about sewer. Karen stated Mr. McCaffrey would be willing to give sewer and water easements through his property for subdivision if approved tonight. The Board thought they should discuss it and suggests continuing. Motion made and seconded to Grant a continuance to September 14, 2017 Vote: Vieira, Correira, Amaral, Ackerman …..….Yes Berube.......................................................................No Petition continued to September 14, 2017 Case # 3400 Macy 56R Liberty St. For: A Variance from Section 440 attachment #3 and Section 440-602 of the Zoning Ordinance for the division of one lot containing 224,180 square feet into two lots. Lot 1 having 51,416 sq. ft. with the existing dwelling and frontage on Liberty Street (See Case #2741); Lot 2 having 0 feet of frontage on a public way but 63.80’ of frontage on a private right of way open to the public on Assessors Plans as Elsmore Avenue (instead of 125’frontage and 100’ of lot width) For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma. 5 In favor: Joseph Correira, 40 Liberty St., E. Taunton, Ma. Susan Murphy, 52 Liberty St., Taunton, Ma. Robert & Diane Lowe, 50 Liberty St., E. Taunton, Ma. Opposed: Dan & Patricia Dolan, 48 Liberty St., E. Taunton, Ma. Atty. Gay stated some members were on the Board 12 years ago when Case # 2741 was granted creating a 7 acre parcel with frontage on Liberty Street. Atty. Gay lot 1 contains the existing house and lot 2 would have 68.3’ of frontage with a pond on it. The property was sold and Mr. Wing presently resided there. Due to some serious economic problems there was a short sale between friends (Mr. Wing has always resided there, just did not own it) Now Mr. Wing wishes to build smaller house and pay his debt back to his friend. The new house will be far back as possible from Elsmore Street. Elsmore Street is the access to the Cemetery. Atty. Gay stated in 2005 the Board found the shape, wetlands and topography created a hardship. If there were no pond or wetlands they could put road in. Atty. Gay stated the use of the street exists now. Wayne stated that when the lot was divided in 2006 you create this configuration. So where is the hardship relating to the shape and size of the lot? This petition request dividing it again and you’re claiming a hardship due to the shape & size of the lot which was a result of the earlier variance. Atty. Gay stated the access has always been used. Atty. Gay stated the circumstances have not changed, the only thing the need is frontage & lot width. Joe asked about the existing garage and he answers he uses it for his business. There is no water or sewer to garage he stores his vehicle inside. Atty. Gay stated the proposal is for a small ranch style house. Chairman Ackerman read letters from the City Planner, B.O.H., and Conservation Commission into the record. The existing driveway on Liberty Street is for the existing house. In favor: Joe Correira, 40 Liberty St., stated he’s in favor. Mr. Wing has been a good neighbor and hopes he stays in the neighborhood. Opposed: Patricia & Dan Dolan, 48 Liberty Street stated they have easement on their property which is not on plans. Dan said he’s been a good neighbor, the previous neighbor wasn’t. Mr. Dolan wants to make sure they don’t block the easement. Atty. Gay stated Mr. Wing wants to stay in the neighborhood and unfortunately due to hard economic times was forced to sell house. This is his only chance and he will continue to support the neighborhood. Atty. Gay pointed out the proposal is to put a small ranch style house on a 3 acre parcel with the existing access from Elsmore Street. Chairman Ackerman read letters from the City Planner, Conservation Commission and B.O.H. into the record. Motion made and seconded to Grant as Presented: Vote: Vieira, Correira, Amaral, Ackerman …..…Yes Berube..........................................................................No Petition Granted Case # 3402 Jones 27 Main St. A Variance from Section 440 Attachment #2 of the Zoning Ordinance to allow a Tattoo Establishment and Art Gallery in a Central Business District. 6 For the Petitioner: Ryan Jones, 54 Scadding St., Taunton, Ma. Jay Dorsey, 147 Highland St., Taunton, Ma. In favor: Letter from Mayor Thomas Hoye, Jr., 141 Oak St., Taunton, Ma. Letter from Colleen Simmons, Director, Downtown Taunton Foundation, 8 Trescott St., Taunton, Ma. Petition signed by 21 abutters in favor. Opposed: Letter from Krijo Realty Trust, 71 Main St., Taunton, Ma. Chairman Ackerman stated he informed the petitioner if he re-submitted another application within 6 months the filing fee would be waived. It’s been 8 months and Chairman Ackerman suggests reducing the fee to $400. Wayne asked why would the fee be adjusted? Chairman Ackerman stated he’s comfortable with adjusting fee because he came before the board before. Steve made motion to reduce the fee in half, seconded by Wayne. After some more discussion it was suggested reducing the fee to $400. Ryan states he is proposing to be open from Tuesday – Saturday 11 - 7 with 2 station and his tattoo parlor with be closed off from the Retail. His business is unique in that he creates art also, not just tattoos. He also has a clothing line and in the future wants to write novel. He had an art show at Trescott Art Gallery and 250 people showed up. He wants to partner with local businesses like Skater’ s Edge to do some art work. He will bring positive energy to the downtown. He did some outdoor murals at the Liberty & Union Plaza. He is a young entrepreneur who wants to bring life to the City. Jay Dorsey, 147 Highland St., stated he met Ryan a few years ago and was very impressed with him. He did an art show with the BID and we saw how talented he was. Jay stated a lot of people have the wrong impression about tattoo artists. Jay said he sought Ryan out and he thinks it would be great addition to the downtown businesses. Wayne asked you have to prove a hardship when seeking a variance, what is the hardship? Ryan stated he has to come here for a variance for approval? Steve said if they approve this request they we have to approve everyone else. Wayne asked again what is the hardship? There was some discussion about if a hardship existed. Jay stated he could have rented out to someone else but wanted Ryan . Chairman Ackerman stated the hardship should be related to the shape, size of lot or perhaps not being able to rent it to anyone else. Jay said he could have rented it to someone else but he wanted Ryan. Chairman Ackerman read letter from Krijo Realty Trust, in opposition. It was stated if challenged in court it would be thrown out because there was no hardship. Chairman Ackerman stated he has seen Ryan’s work at he’s a great artist. Jay stated you denied him at Weir Street and now he is trying to go downtown. Wayne stated on Weir Street he was asking for a Special permit and now he’s asking for a variance. He was denied on Weir Street because there was a church and park in close proximity. Wayne stated a variance is more difficult to get. Jay stated this young kid will bring life to the City, he has done murals on buildings and he just needs a chance. The Board suggested having the Council change the ordinance relative to Tattoo parlors. Jay stated if it’s allowed by right you have less control. Jay stated he has an addendum in his lease agreement with restrictions. Mike 7 stated this young man has a multifaceted business and you are going to deny him on one element (tattoo). After some more discussion about whether or not a hardship exists it was suggested withdrawing petition. Ryan stated he would withdraw his petition. Motion made and seconded to allow the petitioner to withdraw without prejudice. Vote: Berube, Vieira, Staples, Amaral, Ackerman …..…Yes Petition withdrawn without prejudice. . Motion made and seconded to refund the filing fee. All in favor. Case # 3401 Hamie 239 Alfred Lord Blvd. A Variance from Section 440 Attachment #2 of the Zoning Ordinance to allow a Tattoo Establishment and Art Gallery in a Central Business District. For the Petitioner: Atty. Brianna Correira, 123 Broadway, Taunton, Ma. In favor: None Opposed: None Atty. Correira states they are here tonight to ask for a variance to split one lot into 3 lots. She did point out one minor adjustment. Lot 2 has zero feet of frontage & lot width ( not 20’ as advertised) but it’s correctly stated on the submitted plans. They are proposing a common driveway for lots 2 & 3. The lots will be for the petitioner’s children to reside close by. They purchased the land in 2005 and since then the land has been undeveloped. Atty. Correira states she will be meeting with Michele Restino, Conservation Agent about the wetlands. Atty. Correira stated the hardship is the large shape of the lot but limited frontage. Now as the lot exists the rear portion of the lot is unusable. Joe stated there is alot of land here. She stated the owner has his business right across the street and has an invested interest in the neighborhood. Chairman Ackerman read letters from the City Planner, Conservation Commission and B.O.H. into the record. No one in favor or opposed. Motion made and seconded to Grant with the following condition: 1. Provide driveway easement to the ZBA office prior to Occupancy Permit being issued. Vote: Berube, Vieira, Staples, Amaral, Ackerman …..…Yes Petition Granted Meeting adjourned at 9:00 PM 8 9 10 11 12