Zoning Board of Appeals

CITY OF TAUNTON ZONING BOARD OF APPEALS November 9, 2017 at 6:00 PM (Meeting held at Maxham School, 141 Oak St., Taunton, Ma) Members Present: Chairman Dennis Ackerman, Wayne Berube, Michael Staples, Colby Correira, Steven Vieira, Michael Staples and George Moniz. Meeting called to order at 6:06 PM Wayne made motion to accept minutes of October 12, 2017, seconded by Steve. All in favor. Chairman Ackerman explains the ZBA process. Applicant speaks, opposition/in favor speak and then go back to applicant to answers the questions brought up by opposition. No back & forth. Case # 3419 Stylos 15 Court St. A Special permit from Section 440 Attachment #2 of the Zoning ordinance to allow an Entertainment Use (4,000 sq. ft.) in the Central Business District. For the Petitioner: Alex Stylos, 650 Plymouth Ave., Fall River, Ma. In favor: Letter from Mayor Thomas Hoye, 141 Oak St., Taunton, Ma. Letter from Taunton Area Chamber of Commerce, 6 Pleasant St., Taunton, Ma. Letter from Downtown Foundation, 8 Trescott St., Taunton, Ma. Opposed: None Mr. Stylos stated he is proposing to convert the old court house (4,000 sq. ft) into an entertainment venue. He stated it will NOT be a nightclub but a mixed use, offices on first floor and entertainment on 2nd floor. The entertainment will consist of special performances, special events, etc. Joe stated he is just here for the use. Wayne stated he has walked by often and saw workers there and commended him for fixing it up. Mr. Stylos says he’s hoping to have an art gallery also. Wayne stated it would be a major improvement. Michael asked if there would be food & alcohol available and he said yes. Chairman Ackerman read letters from the City Planner, B.O.H., Fire Dept., and Conservation Commission into the record. Chairman read letters of support from Mayor Hoye, Taunton Area Chamber of Commerce and Downtown Foundation. Motion made and seconded to grant as presented. Vote: Ackerman, Berube, Correira, Vieira, Amaral …..…Yes Petition Granted 1 Case # 3416 Moreton 27 Marjorie Way A Variance from Section 440 attachment #1 of the Zoning Ordinance to allow an accessory dwelling unit in a Rural Residential District. For the Petitioner: Jeffrey Connors, 944 Middleboro Avenue, E. Taunton, Ma. In favor: None Opposed: None Mr. Moreton stated he wishes to add an accessory dwelling unit for his mom to reside. His dad passed away a few years ago and how she’s alone. No one in favor or opposed. Chairman Ackerman read letter from the City Planner, Conservation Commission, B.O.H., and Fire Dept. Motion made and seconded to grant as Presented: Vote: Ackerman, Berube, Correira, Vieira, Amaral …..…Yes Petition Granted Case # 3418 Neighborhood of Affordable Housing Inc. , 15-31 Main St. A Special Permit from Section 440 Attachment #1 of the Zoning Ordinance for a mixed use development consisting of 38 residential units with commercial use on first floor, on premises situated at 1, 15-31 Main Street, Taunton, Ma. For the Petitioner: Atty. David Gay, P.O. Box 988, Taunton, Ma. Maura Tsongas, Director of Real Estate Development. In favor: None Opposed: None Chairman Ackerman stated he had major concerns with this proposal, This was approved a few years back and he noticed the petitioner is applying for historic credit and the Historic District Commission doesn’t meet until after our meeting. He me with Atty. William Manganiello, Chairman of the Historic District Commission and certain things trigger approval from them. Chairman Ackerman remembers a case a last year on the corner of North Walker and Winthrop Street that had old house and it went through the ZBA, Planning Board and Council without mention that it needed Historic District approval. He believes now it’s still not resolved. He doesn’t want this this to happen to this proposal. He suggests continuing. Atty. Gay stated the process is you go to the Building Department and if you are demolishing a building over a certain age the it’s an automatic referral to the historic district commission. The local commission recommends to the Mass State Historical District. They are applying for tax credits they will need Historic District Commission’s approval. Maura Tsongas stated they have received $1 million in tax credit and they will be applying for more because they need it. She stated she received a letter of support and Chairman Ackerman stated they did not 2 because he was informed by Atty. Wm. Manganiello. She then reiterated she did receive letter of support and she showed it on her computer and Chairman Ackerman told her not to lie to him. At this time Atty. Gay asked for a recess to talk to his client. Chairman Ackerman stated he would be asking for a traffic study to be conducted. Joe asked if one was done previously and Atty. Gay answers no. Atty. Gay asked the Chairman to identify the scope of traffic study he had in mind. Chairman Ackerman suggests the traffic study should include Weir Street, Taunton Green, Winthrop Street, Church Green and Dean St to railroad tracks. He stated the general downtown area. He also asked for copies of the most up to date letters from the Historic District Commission. Atty Gay agreed to a continuance until next month. He also waives time frame and will submit letter. Motion made and seconded to grant continuance Vote: Ackerman, Berube, Correira, Vieira, Amaral …..…Yes Petition continued. Case # 3417 Housing Solutions Church Green LLC 68 Church Green & 66-426) A Special Permit from Section 440-704 of the Zoning Ordinance to allow a Inclusionary Residential Development having 55 parking spaces for 40 units (instead of 80 spaces) For the Petitioner: Atty. Matthew Costa, P. O. Box, Taunton, Ma. In favor: None Opposed: None Chairman Ackerman read letter from the Historic District Commission. He also informed petitioner that with the most recent election there will be 2 new members on the Board. He suggests continuing until January so the full Board can hear case and allow you time to address the Historic District Commission letter. Atty. Costa stated he was going to request a continuance so he may talk to abutters. After speaking with the petitioner he waives the time frame and requests a continuance to January. Motion made and seconded to grant a continuance. Vote: Ackerman, Berube, Correira, Vieira, Amaral …..…Yes Petition Continued Case # 3412 Oliveira Richmond St. 71-31 A Special Permit from Section 440 – Attachment #1 of the Zoning Ordinance to allow a single family dwelling in an Industrial District. For the Petitioner: Atty. Matthew Costa, P.O. Box 988, Taunton, Ma. In favor: None Opposed: None Atty. Costa states this property is located in the Industrial District and had some wetlands located on it. The property is 7 acres and they need approval for a residential use in an 3 Industrial District. The house will be setback from street. Joe asked if this property was closer to Rte. 44 end and Atty. Costa answers yes. No one in favor or opposed. Chairman Ackerman read letters from the City Planner, Conservation Commission, B.O.H. Eng., and Fire Dept. Motion made and seconded to grant as Presented: Vote: Ackerman, Berube, Correira, Staples, Amaral …..Yes Petition Granted Case # 3413 Silvia 561 Hodges St. A Variance from Section 440 – Attachment #3 of the Zoning Ordinance to allow the division of one lot into two lots. Lot A having 39,164 sq. ft. of lot area & dry area (instead of 60,000 sq. ft. of lot area & 43,560 sq. ft. dry lot area)118.96’ of frontage (instead of 150 feet ) Lot 2 containing the existing single family residence having 34,693 sq. ft. lot area & dry area (instead of 60,000 sq. ft. lot area & 43,560 sq. ft. dry area) For the Petitioner: Atty. Matthew Costa, P.O. Box 988, Taunton, Ma. In favor: Petition signed by 5 abutters in favor. Opposed: Paul Griffin & Jill O’Connell, 541 Hodges St., Taunton, Ma. Atty. Costa states they are proposing to divide one lot into two lots. The owner lives in the single family in front and wishes to create another lot for his in-laws to reside. They are proposing a single story single family style house which will be serviced by municipal water and a septic system. Wayne stated the lots are very big and both will comply with setbacks. Chairman Ackerman read letters from the City Planner, Conservation Commission, Fire Dept., and B.O.H. into the record. Opposed: Paul Griffin, 541 Hodges St. is concerned about his well. His well borders the property line and there is a 100 foot buffer. They did research and found out the property is not buildable. Chairman Ackerman suggests putting a no touch zone. Mr. Griffin stated he had already removed trees. Chairman Ackerman suggests they call the Board of Health to see what the requirements are regarding septic systems and wells. He stated there were no plans of what they were building in the file? Paul asked if he gets approve can he sell property? Chairman Ackerman answers yes the approval goes with the property. Paul was upset because the petitioner didn’t even go over and explain to him what they wanted, he was just told you will be getting letter in the mail. Paul questions if the submitted plans are correct and Chairman Ackerman stated they submitted a surveyed plan and we have to go by that. Joe asked what the setbacks are? It was stated 40 feet front, 25 feet side and 30 feet rear. Atty. Costa stated they had perk test done so that is why they cut trees. Atty. Costa stated they will probably be placing new house towards the front of the lot and septic system in front. Chairman Ackerman suggests putting back trees that were removed to maintain privacy. Atty. Costa says they are proposing a single story house, about 2,000 sq. ft. Chairman Ackerman stated he would like condition requiring trees be planted prior to any building permit being issued. Discussion took place relative to plantings to provide privacy buffer. 4 Motion made and seconded to grant with the following conditions: 1. There shall be a 15 foot wide No Cut Zone along property line of property I.D. 33-5 and a 10 foot wide No Cut Zone where house is being located along property line of Property I.D. 33-5. 2. Lot must be serviced by municipal water. 3. Single Story house as presented at meeting. 4. Plant Arborvitaes along property line of property I.D. 33-5. Trees must be planted prior to a building permit being issued. 5. Replace greenery that was recently removed with 8 foot trees along property line of Property I.D. 33-5. Trees to be planted prior to a building permit being issued. Vote: Ackerman, Berube, Correira, Vieira, Amaral …..…Yes Petition Granted Case # 3414 Marshall 8 Wilson St. A Variance from Section 440 – Attachment #3& 440-602 of the Zoning Ordinance for the reconfiguration of 5 pre-existing non-conforming lots into 3 lot. Lots 1 & 2 having 75 feet of frontage & lot width (instead of 100’) Lot 3 having 60 feet of frontage & lot width ( instead of 100’) with 6,000 sq. ft. of lot area & dry area (instead of 15,000 sq. ft & 11,250 sq. ft. of dry area) on premises situated at 8 Wilson Street, Taunton, Ma. For the Petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma. In favor: None Opposed: None Atty. Rounds explains how these lot were originally from a 1912 subdivision and they wish to re-configure into 3 buildable lots. The property has frontage on 2 streets and is L shaped. There is an existing house on Wilson Street so there would be 2 additional new houses if approved. The lots in the area are similar in size and they there is water & sewer available. The location of the existing on one side makes the lot unique and without a variance they would unable to develop. Joe asked where would they tie into utilities? It was noted they would have to move the sewer line? Atty. Rounds answers yea at a cost of about $40,000 - $50,000. He stated this neighborhood consists of small lots and what we are proposing will be compatible. He stated it’s not fair to make them comply with today’s regulations. Charmain Ackerman read letter from the City Planner, B.O.H.,Fire Dept. and Conservation Commission into the file. Motion made and seconded to grant as Presented: Vote: Ackerman, Berube, Vieira, Amaral …..…Yes Correira ....................................................................No Petition Granted 5 Case # 3411 Roderick 27 Garden St. A Variance from Section 440 – Attachment 3 and 440-602 of the Zoning Ordinance to allow the re-configuration of 4 lots into 2 lots. Lot 1 having the existing house with 90’ of frontage & lot width (instead of 125’ of frontage 100’ of lot width) and 18,742 sq. ft. of lot area and dry area (instead of 30,000 sq. ft. of lot area and 22,500 sq. ft. of dry area ) and Lot 2 having 90 ‘ of frontage & lot width (instead of 125 ‘ of frontage & 100 ‘ of lot width) and 15,002 sq. ft. of lot area & dry area (instead of 30,000 sq. ft. lot area & 22,500 sq. ft. of dry area ) for the construction of a single family house. For the Petitioner: Paul Roderick, 126 Ashleigh Terrace, Taunton, Ma. In favor: None Opposed: Benjamin DeBrum, 8 ½ Pinehill St., Taunton, Ma. Mr. Roderick states his intention is to live on new lot if approved. He has custody of his 2 daughters and he has college obligations. He intends to build a small colonial for himself and girls to live and his brother is currently living in existing house. This property was their parents. Chairman Ackerman read letters from the Fire, B.O.H., Conservation, City Planner and letter from opposition. Motion made and seconded to grant with the following condition: 1. New house must be serviced by municipal water & sewer. Vote: Ackerman, Berube, Amaral, Correira, Staples, Amaral ….. Petition Granted Other Business: Powattan Estates – Report from Mass Housing’s Draft & Final of Cost Examination. Placed on file. Meeting adjourned at 8:13 PM 6 Meeting adjourned at 7:41 PM 7 Cont’d. Case # 3384 Thomas Goward Rd. Prop. I.D. 20-5) A Variance from Section 440 Attachment #3 & 440-602 of the Zoning Ordinance to allow the division of one lot into 3 lots with each lot having 0 feet of frontage & lot width (instead of 150’ frontage & 100’ lot width) but having access via a right of way, on premises situated on Goward Road, Taunton, Ma. on Assessor’s Map 20-5. OTHER BUSINESS: 8 9