Zoning Board of Appeals

CITY OF TAUNTON ZONING BOARD OF APPEALS October 18, 2018 at 6:00 PM (Meeting held at Maxham School, 141 Oak St., Taunton, Ma) Members Present: Chairman Ackerman, Berube, Arbour, Staples, Egan. Meeting called to order at 6:02 PM 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. Mike made motion to approve the September 13, 2018 minutes, seconded by Wayne All in favor. Case # 3423 – Garcia – 64 Floral St. – Requesting a 6-month extension Motion made and seconded to grant 6-month extension. Vote: Ackerman, Berube, Staples, Arbour, Egan......Yes 6-month extension Granted. Case # 3472 Kanchi RE LLC 802 Bay St. A Special Permit from Section 440 -503 of the Zoning Ordinance for the alteration of a non-confirming use by allowing 902 square feet of the existing to be used as office use, 353 square feet for residential use and 4,790 square feet of retail use . For the Petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma. In favor: Petition signed by residents in favor. Opposed: Robert & Michelle Rose, 15 Emma Ave., Taunton, Ma. The property has been used as Andy’s Market for some time. The property is 17,785 square feet with 6,045 of a grandfathered use. Their intent is to convert a portion of the building for 02 square foot Office use and at the other end of the L shaped a small 1 bedroom apartment. The only change will be exterior parking improvements with a new ramp, walkways and pavement. There will be very minor interior changes with adding interior walls. Atty. Rounds states there will be no negative impact on the neighborhood because it’s not substantially more detrimental that what is there. His client would like to maximize the use of the building and it’s most likely going to be an office for an Insurance Agency. Chairman Ackerman reminded everyone about 2 years ago they wanted to add a pizza parlor and the whole neighborhood was here in opposition. Wayne asked if the 1 bedroom apartment would be for the petitioner to reside and Atty. Rounds answers no it’s to rent out. Opposed: Robert Rose, 15 Emma Ave., lives directly across the street. He stated would like to see some improvements to the building. Currently there are 2 dumpsters with no screening and it’s a complete eyesore. 1 He stated every night at10 someone is banging the dumpster. He also pointed out there is a serious problem with snow because they put snow in front of Emma Avenue residents. Michelle Rose, 15 Emma Ave. also stated the delivery trucks keep hitting the wires. The noise level, trucks and now this proposal will only add to it. She stated they are great people but she is concerned. Wayne stated they should call police the snow being left in front of Emma Avenue residents. Atty. Rounds stated the dumpster screening and snow removal is part of the Site Plan Review. Chairman Ackerman read letters from the City Planner, Conservation Commission and B.O.H. into the record. Motion made and seconded to grant with the following conditions 1. The Board recommends the Site Plan Review Committee address the snow removal plan and the dumpster’s screening and location. 2. Applicant will inquire about possibly moving the overhead wires that currently are being hit by trucks. Vote: Arbour, Berube, Moniz, Vieira, Ackerman...... Yes. PETITION GRANTED Case # 3473 Commonwealth Alternative Care Inc. 16 Mozzone Blvd. For: A Special Permit from Section 440 attachment #2 of the Zoning Ordinance for a n 8,793 sq. ft. Office Use in a 20,000 sq. ft. building and a fence exceeding 6 feet in height to be 8.7 feet from side property line. For the Petitioner: Atty. Matthew Costa, P.C., P. O. Box 988, Taunton, Ma. In favor: None Opposed: None Atty. Costa stated they are here tonight for an office use and a side setback for a fence . They need a Special Permit because the office use exceeds the 20% and he stated the Council will be voting on the future Special permit for marijuana processing. He stated there is a small section of fencing that needs to exceed 6 feet for security reasons. 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: Arbour, Berube, Moniz, Vieira, Ackerman...... Yes. PETITION GRANTED Case # 3469 Cumberland Farms 137 Hart St. A Variance from Section 440-706 F (2 & 5) of the Zoning Ordinance to allow a second free-standing sign for Cumberland Farms. For the Petitioner: Matt Brook, Bohler Eng. In favor: None Opposed: None 2 Matt Brook, Bohler Engineering stated they re-grouped and reduce the height & size of the sign and moved it so it will meet the 10 foot setback, Chairman Ackerman stated he travels a lot and he counted about 4 signs in Rhode Island that were 12 feet high. Wayne stated he liked the new sign size and it’s a good fit. No one appearing in favor or opposed . Chairman Ackerman read new letter from the City Planner into the record. Motion made and seconded to grant as amended based on plans showing a 54 square foot 123 foot high free-standing sign (plans dated 9/21/18) Vote: Egan, Arbour, Staples, Berube, Ackerman.....Yes. Petition granted Case # 3474 Garcia Winthrop St. 89-185 For: A Special Permit from Section 440 attachment #2 of the Zoning Ordinance to allow a warehouse/storage use in a Highway Business District. For the Petitioner: Atty. Brianna Correira, 123 Broadway, Taunton, Ma. In favor: None Opposed: None Atty. Correira stated they are here tonight for a Special Permit for a warehouse storage use, all the other uses are allowed under zoning. The property is located next to Bay State Garden and there are several businesses in close proximity, like Lopes Companies, recycling company and a self-storage facility. They have gone before the Planning Board for a Site Plan Review. The petitioner will be using the warehouse for storing of tile. Chairman Ackerman read letters from the City Planner, Conservation Commission, and Board of Health . No one appearing in opposition or in favor. Motion made and seconded to grant as presented: Vote: Arbour, Berube, Moniz, Vieira, Ackerman.. Yes. PETITION GRANTED Case # 3475 Realty Recycle LLC 569 Winthrop St. A special permit from Section 440-503 (D) of the Zoning Ordinance to allow the expansion of a pre-existing non-conforming use in a Rural Residential District by allowing a 7,850 sq. ft. addition. For the Petitioner: Atty. John Zajac, 490 Winthrop Street, Taunton,Ma. Whitney Hall, Green Seal Environmental Inc., 114 State Rd., Bldg. B, Sagamore Beach, Ma. Joe Teusch, Lopes Companies, 565 Winthrop St., Taunton, Ma. In Favor: None Opposed: David Lewis, 44 Range Ave., Taunton, Ma. 3  Gil Cabrl, 848 Rocky Woods St., Taunton, Ma. Diane Gallego, 834 Rocky Woods St., Taunton, Ma. Joan Proulx, 30 Range Ave., Taunton, Ma. Atty. Zajac stated they are here for an expansion of the existing building for the existing recycling facility. In 2011 they received approval for an expansion and now they want to further expand. Atty. Zajac stated to address the DEP’s initiative to increase all construction and demolition waste processor’s to increase the recycling ratio they yare proposing an addition. The property is located in the Highway Business District and Rural Residential District and a little edge of the building is in the Rural Residential District. All operations are inside and there will be no increase in truck traffic. The only change is the amount of taking in and how it’s recycled. The closest residence is about 600 feet away and the surrounding properties are owned by different entities. Joe stated the volume is the same the only change is how the materials will be processed more intensely. Joe stated DEP is not requiring it but suggesting it. Opposed: David Lewis, 44 Range Avenue, stated he has concerns with it being in the Rural Residential District. He can hear noise from trucks and the machinery at 6 AM. His biggest concern is fuel getting into the drainage. He wouldn’t oppose if they put addition in the Highway Business District. Opposed: Gil Cabral, 848 Rocky Woods St. stated his neighbor has rats and he thought the wetlands were protected. Chairman Ackerman read letters from the City Planner, Conservation Commission and B.O.H into the record. Wayne stated the site where hey want to put addition is currently paved. Opposed: Diane Gallego, 834 Rocky Woods St. stated the noise starts at 5:15 AM and she was wondering what would be the hours of construction. Opposed: Joan Proulx, 30 Range Avenue stated they should put addition in the Highway Business District. Then noise starts between 5:15 AM and 5:30AM . Joe stated there might be some confusion from what they wanted to do a few months back. They are expanding towards Burt Street not Rocky Woods Street. It was noted they would have to file a Notice of Intent with Conservation Commission but it’s not a replication of wetlands. Joe tried to explain they are only extracting out of the current stream of materials. He stated it’s an initiative from DEP not a requirement because the market is changing. He encourages anyone who has any issues with noise or anything to call him. They have been doing this business from this location since 1980 and it will not increase truck traffic. He said this is their 3rd change (addition) and there will be no change in hours. They are allowed to do 550 tons a day per their permit. He will talk to his workers and he gain reminds abutters to call him. He said they have 32 cameras and he will look at them. Chairman Ackerman stated they did resolve the problems they had with neighbors at their other location (Berkley Street) and then withdrew their previous request for Rocky Woods Street. Joe stated they lost $100,000 buying that land and nowthey have a big buffer to Rocky Woods Street Motion made and seconded to grant as Presented: Vote: Arbour, Berube, Staples, Egan Ackerman....Yes. Petition Granted 4 Case # 3476 Future Fuel LLC 101 Prince Henry Dr. A special permit from Section 440-503 (D) of the Zoning Ordinance for the expansion of a pre-existing non- conforming use in a Rural Residential District. For the Petitioner: Atty. John Zajac, 490 Winthrop St. Taunton, Ma. In favor: None Opposed: None . Atty. Zajac stated this is another transfer station, N.E Waste Disposal and there is a not a large number of employees and the ordinance requires 60 parking spaces and it turns out that many parking spaces are not necessary. Having the unnecessary parking spaces is somewhat an obstruction to the direct traffic flow. Chairman Ackerman said the Asst. City Engineer’s letter points out the plans only shows 24 parking plus 3 handicapped spaces totaling 27 not 28 as indicated. Atty. Zajac stated they would show 28 total with 4 handicapped spaces. Chairman Ackerman read letters from the City Planner, Asst. City Engineer and Conservation Commission. No one in favor or opposed. Motion made and seconded to grant with the following conditions: 1 The parking waiver is for a recycling operation or a transfer station Only. 2 Plans must show a total of 28 parking spaces (24 spaces and 4 handicapped spaces) Vote: Arbour, Berube, Moniz, Vieira, Ackerman...... Yes. PETITION GRANTED OTHER BUSINESS: Green Pine Town Homes – Letter requesting transfer of Comp. Permit – 40B Atty. Adam Goncalves, Steve Borghi, Mgr. and John McCarthy were invited into the enclosure. Atty. Goncalves stated they are here for the transfer of the Comprehensive Permit for Green Pine Town Homes. The project has been in limbo for a while and they have been negotiating with the owner to purchase. They have been working with the City and met with the Conservation Commission about the outstanding issues. They want to proceed with the project. Chairman Ackerman stated the project is approved for 49 units and no additional units in the rear. Atty. Goncalves stated their agreement is for 49 units. He is well aware of the background of this development and it’s been a nightmare going back& forth with the developer. John McCarthy, Developer was introduced. Chairman Ackerman asked him if he’s familiar with 40B comp. permits? Mr. McCarthy stated he had done a 40B in Foxboro, Ma. (50 Units) and has done in Boston & Cambridge. Steve Borghi, Manager stated he’ s a local business owner (he owns WOW) . They stated they have been working to releasing all liens and litigation before closing which could be next week. They are working out things with Jan Rego relative to the easements. 5 Motion made and seconded to approve the transfer of the Comp Permit with the condition the release of all liens and litigation. Vote: Ackerman, Arbour, Berube, Staples, Egan....Yes Comprehensive Permit transferred Granted Correspondence from resident of Winthrop Heights – Chairman Ackerman the ZBA didn’t approve the development but was sent some correspondence which was also sent to the City Council and Law Dept. Placed on file. Case # 3477 -250 Lakeview Avenue – Seeking permission to reside in garage (temporary) while house is being re-constructed Peter Waterman states he wanted to ask the Board if they could live in the garage temporarily while the house is being re-built. He spoke to Building Commissioner Pirozzi and he suggested going in front of Board to clarify and explain what he wants to do. The Board voted to grant the request allowing the garage to be utilized as a living unit while the house is being constructed and upon completion of the single family dwelling the shower, toilet and oven will then be required to be removed from the garage and the garage will need to be altered to a utility building by applying for a building permit. Vote: Arbour, Ackerman Berube, Staples, Egan...Yes. Request Granted Meeting adjourned at 7:18 PM. 6 7