Zoning Board of Appeals

MINUTES CITY OF TAUNTON ZONING BOARD OF APPEALS May 10, 2018 at 6:00 P. M. (held at Maxham School, 141 Oak St, Taunton, Ma.) Members Present: Michael Staples, George Moniz Wayne Berube, Sara Arbour and Bill Egan. Meeting opens at 6:01 PM. Dennis Ackerman present at: 6:31 PM Michael made motion to approve minutes of April 12, 2018 seconded by Sara. All in favor. Wayne explained the ZBA process. The case is presented by the petitioner or representative, then in favor and opposition speaks then back to the presenter to answer questions. There is no back and forth so ask all questions when its your turn to speak. . Case # 2823 – Requesting 6-month extension – Rosewood Drive- Lamb Letter requesting 6-month extension. Motion made and seconded to grant 6-month extension. Vote: Arbour, Berube, Staples, Moniz, Egan....Yes 6-month extension granted. Case # 3438 Lagace 36 Stevens St. For: A Variance from Section 440-302 (B) (1) (A) of the Zoning Ordinance for Board of Appeals Administration to allow an accessory dwelling unit to be used as apartment (two-family residence) in a Suburban Residential District. Letter requesting to withdraw request. Motion made and seconded to grant request to allow petition to be withdraw without prejudice and refund filing fees. All in favor. Case # 3432 Ghazal 98 Margaret Road For: A Variance from Section 440-702C and Section 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 25 feet) For the Petitioner: Atty. Daniel Walsh, 40 Court St.,3rd Floor, Plymouth, Ma. In favor: None Opposed: None Atty. Walsh stated he represents the petitioner who has chickens at his property. They went to the Board of Health and received variance for setback. They moved the chicken 1 coop to the other side of the property to satisfy the only objector. Atty. Walsh stated at the Board of Health hearing they had people testify in favor. He stated the petitioner’s son raised the chickens and he didn’t think anyone was in opposition. The Board of Health approved it with conditions, no more than 10 chickens, move the coop and add future complaints could result in another hearing. Atty. Walsh stated the coop is on the other side having a zero side setback but being about 195 feet away from the abutter opposed. Wayne stated he went out and the property is a thick residential neighborhood. He stated he couldn’t see the coop. George Ghazal. Stated he used an old shed, about 10 x 10 to house the chickens instead of putting up a big structure. He stated the Board of Health restricted to 10 chickens and he’s ok with that. George asked why is it so close to the property line? He stated he has pool in his backyard. It was asked if the one abutter was ok with the new location and it was answered yes. Letters from the B.O.H., Conservation Commission, and City Planner was read into the record. Motion to Grant as with the following conditions: 1. No more than 10 adult chickens. 2. Future complaints could result in future hearings with the Board of Health for re-evaluation. Vote: Berube, Staples, Moniz, Arbour. Egan ... .......... Yes PETITION GRANTED Case # 3437 Nomaininc, LLC/Mainran,LLC 687 County St. For: A Variance from Section 440-704A (1) (g) of the Zoning Ordinance for a waiver of the parking requirement from 78 spaces to 29 spaces and a Special Permit from Section 440 Attachment #2 of the Zoning Ordinance to allow a storage facility in a Highway Business District. For the Petitioner: Atty. Edmund Brennan, One Church Green, Taunton, Ma. David Kelly, Kelly Engineering Group, Inc., 0 Campanelli Dr., Braintree,Ma. Michael Gardner,Sr. Nomaininc LLC, Richard Bryant, Traffic Engineer, Stantec, 55 Green Mountain Dr., So. Burlington, VT. In favor: None Opposed: None Atty. Brennan stated the site is the old pepsi cola building on Rte. 140, County Street. They intend to raze existing building and build a storage facility. The 2.19 acres is flat with no wetlands. The petitioners have 4 other facilities, South Boston, Braintree, Weymouth and South Weymouth. The building will be sprinkled, air conditioned and have security. Hours of operation are: 8 - 7 weekdays, 8-5 Saturday , 10-4 Sunday. Atty. Brennan stated the South Weymouth site has about 20 customers a day. This is a low volume business and the parking that is required by the zoning ordinance is not really needed. They are requesting a waiver for parking. The building will be fully air conditioned, video surveillance, PIN code entry. There will be video cameras in the 2 halls, elevator. Atty. Brennan stated it’s a very low intense use compared to what can go in there. They are requesting a variance from the waiver from the required 78 spaces to 29 spaces. Petitioner has a good track record and will be putting a lot of money into this. He stated it won’ t be a strain on the municipal services. Chairman Ackerman asked if autos, boats and construction equipment allowed and Mr. Mike Gardner, Sr., answers no. David Kelly, Engineer gave presentation on the building. The property is over 2 acres and the building will be 3 floor with one way in and one way out. They are proposing 14 parking spaces and have over flow parking (49) if they need but not going to construct right away. This is a low utilized facility. They will adding extensive landscaping and the site will be in compliance with the zoning except for the parking. They will need to go to the Planning Board for Site Plan Review. They have designed this project with the Mass. DOT improvements. They do have room for fire truck turnaround. Mike asked how many employees and they answers just one on most occasions. Bill stated the building has been vacant for some time and the neighbors had concerns with lighting and fencing? Wayne asked what size are the units/ The average space is smallest, 5’ x 5’, and goes up to the 10’ x 25’ and are about 8 to 10 feet high. How tall is the building and it was answered under 40 feet. George asked at the close of the day does it close or can they get in with PIN? When PIN is shut down no one can get in. No one in favor or in opposition. Chairman Ackerman read letters from the B.O.H., Conservation Commission, and City Planner was read into the record. No one in favor or opposed. Atty. Brennan said this is a quiet business and a great was to use the property. Motion to Grant as Presented: Vote: Berube, Staples, Moniz, Arbour. Ackerman. .......... Yes PETITION GRANTED Case # 3439 Crossman 50 Barry Drive For: A Special Permit from Section 440-710 and a Variance from Section 440-710 (D) of the Zoning Ordinance for a 16’ x 26’ addition to an existing accessory dwelling unit resulting in a 1,064 square foot accessory dwelling unit (exceeding the max. 850 sq. ft. and over 30% of the habitable floor area of the building) For the Petitioner: Mike Dunkette, representing Justin Crossman, 50 Barry Dr., Taunton, Ma. In favor: Letter from Eric & Nicole Miozza, 16 Barry Dr., Taunton, Ma. Opposed: None Mr. Dunkette stated he is the contractor representing the owners and they wish to expand the existing accessory dwelling unit. They would like to add a 645 square foot addition to have a little more living space. The addition will allow increase the living space, have a larger kitchen and some closet space. He submitted the as-built and there is plenty of room on the 1.6 ace lot. They will meet all setbacks and the accessory dwelling unit fits well because it‘s in back of the garage so it’s not even visible. Chairman Ackerman read 3 letters from the City Planner, Conservation Commission, B.O.H., F and Fire Dept. The Board also voted to have 5 year expiration from this approval. Motion to Grant as Presented: Vote: Ackerman, Berube, Staples, Moniz, Arbour .......... Yes PETITION GRANTED Expires 2023 Case # 3440 Gizzi 64 Eldridge St. For: A Special Permit from Section 440-503 of the Zoning Ordinance for the extension of a pre-existing non-conforming structure by allowing a 16’ x 10’ addition having a one foot side setback (instead of 15 feet ) For the Petitioner: Rita Gizzi, for Kristin Gizzi, 64 Eldridge St., Taunton, Ma. In favor: None Opposed: None Rita Gizzi stated they are requesting to extend the deck so they have more room to enjoy their yard. Chairman Ackerman asked if they had septic or sewer and she answered sewer. No one in favor or opposed. She stated they are not going any closer to existing deck. Chairman Ackerman read letters from the B.O.H., Conservation Commission, and City Planner into the record. No one in favor or opposed. Motion to grant as presented: Vote: Berube, Staples, Moniz, Arbour, Ackerman...Yes. PETITION GRANTED Chairman Ackerman stated he suggests the Board write letter to the Municipal Council /Law Dept. allocating between $1,000 – $20,000 for an outside attorney to represent the ZBA in the possible 40B project coming up. He stated the laws changed in that the applicant is no longer required to pay legal fees. He stated the laws favors the developers. He has been speaking with Atty. Marguerite Mitchell and she gave him some names. Motion made and seconded to forward letter to the Municipal Council and Law Dept. to allocate $18,000 - $20,000 for outside legal representative for possible 40B project. All in favor. OTHER BUSINESS: Summer schedule Discussion to re-schedule the July meeting and have no meeting in August unless a 40B comes in. Motion made and seconded to re-schedule the July 12th meeting to July 26th. Ackerman, Berube, Abour, Moniz....Yes Staples...No. Meeting adjourned at 7:08 PM 4 5 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 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. 6 7