Zoning Board of Appeals

MINUTES CITY OF TAUNTON ZONING BOARD OF APPEALS March 8, 2018 at 6:00 pm. (held at Maxham School, 141 Oak St, Taunton, Ma.) Members Present: Dennis Ackerman, Steven Vieira, Michael Staples, George Moniz and Sara Arbour. Meeting opens at 6:00 PM. Michael made motion to approve minutes of January 18, 2018 and February 8, 2018. seconded by George. All in favor. Case # 3312 - Request for 6-month extension Motion made and seconded to grant 6-month extension. Vote: Ackerman, Staples, Vieira, Arbour, Moniz...Yes 6-month extension granted. Case #3417 Housing Solutions Church Green LLC 68 Church Green A Variance from Section 440 -704 of the Zoning Ordinance for the development of a inclusionary residential development having 55 parking spaces for 40 units (instead of 80 parking spaces) Letter requesting to withdraw without prejudice. Motion made and seconded allow petition to be withdrawn without prejudice. Vote: Ackerman, Staples, Vieira, Arbour, Moniz.............Yes Petition withdrawn. Case # 3432 Ghazal 98 Margaret Rd. A Variance from Section 440-702 © & 440 attachment # 3 of the Zoning Ordinance to allow an Agricultural Use less than the required 300 feet from the nearest residential structure on an adjacent lot and to allow the existing structure to remain with a Zero foot side setback (instead of the 25 feet) Letter requesting a continuance and waiving the time frame on which to act on this proposal. Motion made and seconded to grant continuance. Vote: Ackerman, Staples, Viera, Arbour, Moniz..........Yes Petition continued. Case # 3433 Rocha 642 Bay St. For: A Variance from Section 440 Attachment #3 and 440-602 of the Zoning Ordinance of the Zoning Ordinance for the division of one lot into two lots. Lot 1 having an existing 2-family dwelling with 10,610 sq. ft. of lot area & dry area (instead of 15,000 sq. ft. and 11,250 sq. ft. dry area) 93.99 feet of lot width & frontage (instead of 100’) Lot 2 having 1 13,344 sq. ft. of lot area (instead of 15,000 sq. ft.) with 20 feet of lot width & frontage (instead of 100’) For the Petitioner: Atty. Matthew Costa, P. O. Box 988, Taunton, Ma. In favor: None Opposed: None Atty. Costa states they are proposing to divide the lot and construct a small single family house for the petitioner’s mother. The petitioner purchased the house in 2012 and his parents reside in downstairs apartment but his mom has mobility issues and the exiting house is high. They wish to add another single family dwelling to the property. The railroad abuts on the northerly side so there won’t be any impact. The existing lot in front will be 10,610 square feet and there will be a 20 foot wide driveway to the 13,344 sq. ft. lot in the back. The existing stockade fence kind of divides the property. They are proposing a cape cod style house but only would finish the main floor for parents. They chose a cape cod style because it’s a smaller footprint than a long ranch style house. But they are only planning on finishing one floor. Steve asked if they needed permission from the Railroad and Atty. Costa wasn’t aware they need permission. They are building on their own property. Steve asked what size cape cod style house were they thinking? They were thinking a 26 ‘ x 32’ around 832 square feet. Chairman Ackerman asked if they would meet all setbacks and will be serviced my municipal water and sewer? Atty. Costa answers yes there is city water and sewer. Chairman Ackerman reads dept. letter from the City Planner, and Conservation Commission. It was noted the shed must be moved. Steve asked if they had any objection to restricting it to 26 x 32. Steve Rocha, petitioner spoke and said he would be ok with no larger than 26’ x 34’ . Atty. Costa stated the Planning Board will looks at the driveway and emergency turnaround when they do their Form J. Steve asked Atty. Costa if he thought 20 feet was sufficient and he answers yes. . Motion to Grant with the following conditions: 1. House to be no larger than 26’ x 34’ and restricted to single family. Vote: Ackerman, Vieira, Staples, Moniz, Arbour .......... Yes Petition Granted Meeting adjourned at 6:20 PM 2 3 Case # 3423 Garcia 64 Floral St. A Variance from Section 440 attachment #3 of the Zoning Ordinance to allow the division of one lot into two lots with Lot 3 having 12,780 sq. ft. of lot area (instead of 15,000 sq. ft.) Letter requesting a continuance. Motion made and seconded to Grant continuance. Vote: Ackerman, Arbour, Moniz, Vieira, Berube....Yes Petition Continued Case # 3426 Woodby 1150 Middleboro Ave. Meeting held on Jan. 11, 2018 For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow a rear setback of 2 feet (instead of 30 feet) for an existing 19.6 x 10’ shed. For the Petitioner: Michael & Heather Woodby, 1150 Middleboro Avenue, E. Taunton, Ma. In favor: None Opposed: None Mr. Woodby sated he put up shed without a building permit because it was under 200 square feet. He went on-line to see if a building permit was needed and it wasn’t. The location is the only logical place because there is a pond and a tremendous slope in the property. He stated he doesn’t have any neighbors who would be affected by this.. There is a landlocked unbuildable piece of property in the rear of which the owners lives out of town. He stated 2 neighbors are in favor. They went to Conservation Commission and received approval. Wayne asked if he thought to call the planning & zoning office to inquire about the rules. Mr. Woodby stated no, he’s a builder not a contractor and he admitted he made a mistake. Chairman Ackerman stated looking at the plans the shed could be moved on the side of the existing driveway. Mr. Woodby stated he really doesn’t want to put his shed in the front yard and the whole sideway slopes. Chairman Ackerman stated the plans don’t indicate any sloping. There was some discussion about the slope and Chairman Ackerman stated he hadn’t had a chance to go out and view property. He suggests a continuance so the Board can see if there is a slope. Sara asked why would be require them to come back if no one is here opposing and they have shown there is a slope and this is the only logical space for a shed. Chairman Ackerman said the Board can ask 4 for certain things, in his opinion, he would like to go out and view property. Mr. Woodby stated he would be ok with continuing to allow Board to go out and look. Steve asked if the plans submitted accurately show what is out there. They asked when the shed was built and Mrs. Woodby answers they stated in May and stopped in July after being told to be the Building Department. They asked if they got a cease and desist order and she said no but was told to get zoning approval. Motion made and seconded to continue to February 8, 2018 Vote: Ackerman, Berube, Vieira, Arbour, Moniz .......... Yes Petition continued. 5