Zoning Board of Appeals

CITY OF TAUNTON ZONING BOARD OF APPEALS September 13, 2018 at 6:00 PM (Meeting held at Maxham School, 141 Oak St., Taunton, Ma) Members Present: Chairman Ackerman, Berube, Arbour, Moniz and Egan. Meeting called to order at 6:04 PM Chairman Ackerman had a moment of silence in memory of Peter Gay and Nelly Casey both from Taunton and all the lives lost in the September 11, 2001 attacks. . Chairman Ackerman explained the process of which the ZBA conducts its meetings. They listen to the petitioner/Attorney, then opposition or in favor and then back to the petitioner. They do not go back and forth. Cont’d Case # 3460 Woodward Worcester St., 27-159 For: A Variance from Section 440-602 (A) (C) and 440-Attchment #1 of the Zoning Ordinance to the creation of 2 buildable lots. Lot 1 having 75 feet of frontage (instead of 150’) and 71.02 feet of lot width (instead of 100’) and Lot 2 having 75 feet of frontage (instead of150’) and 64.87 feet of lot width (instead of 100’) and a shape factor of 42.7 (instead of 35) for the construction of a single family dwelling on each lot on premises situated on the northerly side of Worcester Street, known as Parcel I.D. 27-159., Requesting to continue to November meeting. Motion made and seconded to grant continuance and acknowledges the time frame is extended. Vote: Ackerman, Vieira, Berube, Moniz, Arbour....Yes. Petition continued Nov. 8, 2018 Bill made motion to go into Executive Session, seconded by Wayne, All in favor. The Board came out of Executive and Chairman Ackerman reported no votes were taken in Executive Session. Steve Vieira present at 6:33 PM Case # 3469 Cumberland Farms 137 Hart St. A Variance from Section 440-706 F (2 & 5) of the Zoning Ordinance to allow an additional free-standing sign (96 square feet, 25 feet in overall height) for Cumberland Farms. For the Petitioner: Steve Martel, Bohler Engineering, 352 Turnpike Rd., Stoughton, Ma. Dalina Boryszewski, Cumberland Farms. In favor: None 1 Opposed: Tammy Bonone, 144 Hart St., Unit 41, Taunton, Ma. Nancy Westberg, 144 Hart St., Unit #34, Taunton, Ma. Mr. Martel explains how they are here tonight for an additional free-standing sign for newly constructed Cumberland Farms at Hart & County Street. The site has multiple tenants and the proposed multi-tenant sign is not central to Cumberland Farms. The proposed multitenant free-standing sign is 200 feet away. Mr. Martel stated Cumberland Farms wants patrons to see sign before they actually pass the site. He stated the way the site it laid out Cumberland Farms is essentially on its own lot. They are proposing the sign to be 5 feet from the ground so there must be at least a 10 foot distance from ground to bottom of sign to ensure safe view. Chairman Ackerman stated he’s been on the board for 23 years and he the hardest on sign requests and he thinks this is too high. It was asked is this would be open 24 hours and Mr. Martel did not know. Dalina Boryszewski, representing Cumberland Farms wasn’t sure. She explained the reason for the taller sign is because they are not going be comply with the 10 foot setback so they must have a minimum distance of 10 from ground resulting in it being about 30 feet in height. Steve asked is it possible for different size sign or perhaps moving it. George suggests having a 12 foot high sign. He also pointed out he didn’t think the price part of the sign has to be that big. Bill asked what size if the current sign at the “old location” and it was unknown and it’s the old branding. Sara says Cumberland Farms probably has certain size signs. Dalina answers yes they have 15 foot and a 25 foot sign. Chairman Ackerman stated he wants the business there but not a BIG sign. Public Input: Tammy Bonone, 144 Hart St. Units 41 had concerns with the size and height of the proposed sign. Nancy Westberg, 144 Hart St Unit 34 had concerns with the light from the sign shining in their windows and doesn’t want the sign too big. Discussion was to perhaps continue and come back with a smaller sign and perhaps move it to meet the 10 setback or ask for another variance. Petitioner requested to continue and waive the time frame on which to act on this proposal. Motion made and seconded to continue until next month. Vote: Arbour, Vieira, Moniz, Vieira, Ackerman...Yes. Petition Continued Letter from South Coast Development LLC – Case # 3338 – relative to condition #1 for monies contributed towards a traffic light – 148 North Walker Street – Dominic Brown and Micky Higgins was invited into the enclosure. Chairman Ackerman read letter asking if posting $560,000 cash bond to the State for payment of the traffic light satisfies the condition of posting $150,000 towards the traffic light. Chairman Ackerman stated he would be satisfied as long as the improvements are completed, light is installed and all completed by Jan. 2019. Dominic stated that DOT shuts down November 15th and they don’t know if they would be able to get it all done. Dominic asks if they would be willing to allow a temporary cert. of Occupancy. Micky Higgins stated he intends on completing this year unless they run into bad weather. Wayne asked if they are funding 100% for the light and Micky answers yes. 2 The Board voted that in lieu of posting the $150,000, the posting of the $560,000 Cash Bond with the Mass. DOT for fully funding the traffic light, completing ALL improvements and installing the signal and the signal being operational by May 1, 2019 is sufficient with the condition that no more than a Temporary Certificate of Occupancy may be granted and said Temporary Certificate of Occupancy shall expire on May 1, 2019. Vote: Moniz, Berube, Ackerman, Vieira, Arbour.......Yes. Case # 3453 Bairos 477 Winthrop St. A Special Permit from Section 440 Attachment # 1 of the Zoning Ordinance to allow the construction of a single family dwelling on lots 2 & 3 in a Highway Business District. For the Petitioner: Karen Patneaude, P.E., Earth Services Corp., 198 Crane Ave. So, Taunton, Ma. Atty. Edmund Brennan, One Church Green, Taunton, Ma. In favor: None Opposed: Luis Pereira, 3 Winthrop Lane, Taunton, Ma. Rose Silvia, 33 Winthrop Lane, Taunton, Ma. Atty. Brennan stated they Board continued this case to request status on Winthrop Lane, whether it‘s a public or private street. Atty. Brennan stated the Board needs to look at the 40 foot ROW the way it was laid out and it currently has 2 houses located on it. He stated if a private way the abutters own to the centerline but in this case there is an easement to the City for access to the city’s tower. The property has been owned by the petitioner since 1955 and there are 2 houses there now. The petitioner is proposing a residence use in a Highway Business District. Atty. Brennan stated all the Board needs to determine if they would allow a residential use instead of a commercial use on this parcel. If successful they will go to the Planning Board and they will determine the status of the roadway and if any improvements will be required. Atty. Brennan met with the neighbors and they are in favor Chairman Ackerman read letter from the City Planner into the record. Atty. Brennan stated we will go before the PB. (if we get approved tonight) to determine if we need variance for frontage and if yes then they will be back. No one in favor or in opposition. Motion made and seconded to grant as presented: Vote: Vieira, Berube, Moniz, Arbour, Ackerman .......Yes Petition Granted Case # 3454 Freitas School St.- Map 48, parcel 34 A Variance from Section 440 Attachment #3 & Section 440-602 of the Zoning Ordinance to allow the construction of a single family dwelling on lot having 49.30 feet of frontage & lot width (instead of 100 feet) and 9,111 square feet of lot area & upland (instead of 15,000 sq. ft. of lot area & 11,250 sq. ft. of upland) and an 11 foot side 3 setback (instead of 15 feet) in an Urban Residential District on premises situated on the easterly side of School Street, Map 48, Parcel 34 For the Petitioner: Atty. Edmund Brennan, One Church Green, Taunton,Ma. In favor: Petition signed by 30 abutters Opposed: John Heroux, 297 School St., Taunton, Ma. Atty. Brennan submitted petition signed by 30 residents in favor and 3 photos showing property. They are here tonight for approval for one single family house on a substandard lot. They need variances for lot area, dry area and side setback. Atty. Brenna stated Mr. Freitas is requesting this lot to be buildable for his son to build house. The proposed house will be similar to what is in the neighborhood. There are many lots similar in size or smaller. Opposed: John Heroux, 297 School St., had some concerns with the house being in close proximity with his existing driveway and house in back. He stated he thinks the proposed layout interferes with their privacy. His house is located off the road. George stated he thinks it’s far enough way and it won’t interfere. Mr. Heroux stated the existing trees act as a buffer his concern is if they cut those down. Steve suggested adding a buffer or no touch zone. Atty. Brennan stated that he understands his concerns and asks the Board for option of either erect fence or add 10 foot no touch zone along that portion of the property. No one in favor. Motion to grant with the following condition: 1. Petitioner shall erect a 6 foot fence or a 10 foot no touch zone be established along the boundary line along the 148.48’ portion of the Heroux property. Vote: Arbour, Berube, Moniz, Vieira, Ackerman...Yes. PETITION GRANTED Case # 3463 Homeplate Properties, LLC 1094 Bay St. A Special Permit from Section 440 -503 of the Zoning Ordinance to allow a 20 foot by 20 foot addition to the existing non-conforming restaurant use. For the Petitioner: Rob Anderson, Homeplate Properties, LLC, 1094 Bay St., Taunton, Ma. In favor: None Opposed: None Mr. Anderson stated he’s proposing to re-locate the refrigeration unit that is currently inside outside to make more room inside. He submitted new plan showing new location of the dumpster. Chairman Ackerman read letters from the City Planner, Conservation Commission, B.O.H. and Engineer into the record. Chairman Ackerman asked what 4 the reason was and Mr. Anderson said it’s to make more room inside to move around. No one in favor or opposed. Motion to grant as presented. Vote: Arbour, Berube, Moniz , Vieira, Ackerman...Yes. PETITION GRANTED Case # 3464 Snell 105 Prospect Hill St. A Special Permit and Variance from Section 440-710 of the Zoning Ordinance to allow a 940 square foot accessory dwelling unit which exceeds the maximum allowed of 850 square feet. For the Petitioner: Gina Snell, 105 Prospect Hill St. Taunton, Ma. In favor: None Opposed: None Chairman Ackerman informed them if approved they would be required to renew every 5 years Mrs. Snell stated the space is already framed and they just want to legally turn into a living space for her mom. Chairman Ackerman read letters from the City Planner, Conservation Commission, and B.O.H. into the record. No one in favor or opposed. Motion to grant as presented. Vote: Arbour, Berube, Staples, Vieira, Ackerman...Yes. PETITION GRANTED Case # 3465 Burbank 700 Richmond St. A Special Permit from Section 440-attachment 2 of the Zoning Ordinance to allow 2,105 sq. ft. of office use in a 11,250 sq. ft. building resulting in 27% of the building to be utilized as Office Use in an Industrial District. For the Petitioner: Bob Forbes, Zennith Consulting Engineer, LLC, 3 Main St., Lakeville, Ma. In favor: None Opposed: None Mr. Forbes stated they are requesting approval for more office space in the building. They will be taking a bay and convert it to office space resulting in having more than the allowed 20% . There will be no change to the exterior and there is ample parking on site and the septic system is sufficient. No one in favor or opposed to the request. Chairman Ackerman read letters from the City Planner, Conservation Commission, and B.O.H. into the record. 5 Motion to grant as presented. Vote: Arbour, Vieira, Moniz, Berube , Ackerman...Yes. PETITION GRANTED Case # 3468 DeSousa 5 Dartmouth 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 820 square foot addition and a walk- out dog house with a 4.7’ sideline setback. For the Petitioner: John DeSousa, 5 Dartmouth St., Taunton, Ma. In favor: None Opposed: None Mr. DeSousa explains how they wish to construct a 820 square foot addition to expand the kitchen area with a 4.7 side setback. The existing house is a 2 family and it will remain a 2 family. The 3rd floor is used for storage. Chairman Ackerman read letters from the City Planner, Conservation Commission, and B.O.H. into the record. Wayne asked if essentially they are creating a master suite and Mr. DeSousa answers yes. It will remain a 2 –family. No one in favor or in opposition. Motion to grant with the following condition: 1 The existing house to remain a 2 family. Vote: Arbour, Berube, Moniz ,Vieira, Ackerman.. Yes. PETITION GRANTED Case # 3471 Henkin Burt St. Map 61, lots 10 & 11 A Variance from Section 440-602 and 440 Attachment #3 of the Zoning Ordinance to allow the division of one lot into two lots with lot 1 having 26.15 feet of frontage instead of the required 150 feet, 25 feet of lot width instead of the required 100 foot minimum and a shape factor of 46.5 instead of the maximum allowed of 35 and lot 2 having 26.15 feet of frontage instead of the required 150 feet, 25 feet of lot width instead of the required 100 foot minimum and a shape factor of 45.9 instead of the maximum allowed of 35. For the Petitioner: Stephen Henkin, 483 Tremont St., Taunton, Ma. In favor: None Opposed: None Mr. Henkin explains how his variance ran out and he need to renew it. He sold one lot but he needs approval for the other two lots. Chairman Ackerman asked if there were any changes and he answers no. Chairman Ackerman read letters from the City Planner, 6 Conservation Commission, City Engineer and B.O.H. Chairman Ackerman suggests putting same conditions as previous approval. No one in favor or opposed. Motion made and seconded to grant with the following conditions: 1 A No Cut Zone shall be designated for lots 1 and 2 starting after a distance of 450 feet back from the front property line unless a septic system must be placed in that area. 2. Maintain a 20 foot wide treed buffer along property I.D. 61-13 (Medeiros) and property I.D. 61-12 (Smith) and property I.D. 61-43 (Campbell) Vote: Arbour, Berube, Moniz, Vieira, Ackerman.. Yes. PETITION GRANTED Case # 3470 Barbour 356 Dighton Ave. A Variance from Section 440-attachment #3 of the Zoning Ordinance to allow the division of one lot into two lots with lot 1 having 14,685 sq. ft. of minimum lot area instead of the required 30,000 sq. ft. minimum and 14,685 sq. ft. of minimum dry lot area instead of the required minimum of 22,250 sq. ft. For the Petitioner: Atty. John-Paul Thomas, 98 County St., Taunton, Ma. In favor: None Opposed: None Atty. Thomas stated they are proposing to divide the property into two lots. Lot 2 is a complying lot and Lot 1 needs variances for lot area and minimum dry area. The property is along Dighton Ave. and Baker Road West. There will be private sewer and city water. Chairman Ackerman read letters from the City Planner, Conservation Commission, and B.O.H. No one appearing in favor or opposed to the request. Motion made and seconded to grant as presented: Vote: Arbour, Vieira, Moniz, Vieira, Ackerman...Yes. PETITION GRANTED Meeting adjourned at 7:49 PM. 7 8 Meeting adjourned at 7:41 PM 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. 9 OTHER BUSINESS: 10