Zoning Board of Appeals

Minutes CITY OF TAUNTON ZONING BOARD OF APPEALS DECEMBER 13, 2018 – 6:00 pm. (held at Maxham School, 141 Oak St, Taunton, Ma.) Members Present: Dennis Ackerman, Wayne Berube, Steven Vieira, Michael Staples , Sara Abour, Bill Egan, and George Moniz. Meeting opens at 6:02 PM Motion made and seconded to accept minutes of Nov. 8, 2018 All in favor. Chairman Ackerman explains the ZBA process. The petitioner presents their case then they hear from anyone in favor or opposed then they go back to the petitioner to address any of the opposition concerns, they do not go back & forth. Case # 3418-Remand Neighborhood of Affordable Housing Inc., 1,15-31 Main St. A Special Permit from 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. This is a Remand Public Hearing – pursuant to Trial Court of Massachusetts The Superior Court - specifically to review, modify and/or clarify condition #1, 2, 5, 8 and 9 of the decision of the Zoning Board of Appeals in Case #3418. Chairman Ackerman stated this is a Remand from Court and last month they heard testimony by Atty. David & Thomas Gay, Jr. They are only allowed to address conditions #1, 2, 5,8, & 9 according to the Remand. Sara stated the petition makes sense and supports the request because it provides housing for people with limited needs. She has faith in the petitioner and thinks it’s a great project. Wayne stated prior to the appeal he conducted an awful lot of research and visited other sites, went on radio asking the community what they thought. He stated they approved 36 units with 2 recreational spaces for children because there is no place downtown for children to play. This went to Superior Court and now has been remanded back for a resolution. They are asking for 38 units while still providing 2 recreations components on each floor which is not substantially different that we approved. He will be supporting this. Chairman Ackerman stated there is little difference in the language relative to the recreation/assembly areas. Chairman Ackerman stated he has met with Atty. Gay, City Solicitor Buffington and come to a resolution. They have eliminated the fencing around the parking which makes sense, added 2 more units that we initially approved. This will allow them to go forward and apply for funding. George stated there are pros and cons and he didn’t’ agree with the City Council turning down housing for the elderly on Church Green. He hopes this is a positive for the City. Wayne stated they will be doing major improvements to the outside and will need the historic district approval. 1 Motion made and seconded to grant with the following conditions: The changes are in BOLD. 1. There shall no more than 38 residential units. 2. The applicant agrees that it will have in the residential section of the building an assembly/gathering room suitable for all residents. It is understood this room may also serve as a meeting room and may also contain facilities such as washer/dryer units. The laundry unit/meeting space will be provided on both residential floors in accordance with DHCD Design and Funding Guidelines. The applicant will also in its site plan provide as much outside landscaping areas as possible. 3. The applicant is required to secure an additional 15 parking spaces off-site for the non-residential units. 4. Lighting must be on side & rear of the building (compatible to the Historic District style of the building) and lighting shall be aimed at crosswalks on Weir Street and Main Street safety. 5. The 30 parking spaces as shown on plans must striped and numbered with unit numbers. 6. The 8 parking spaces behind the buildings must be striped and numbered. 7. The preferred method of egress/entrance is through the rear of the building. 8. No final certificate of occupancy permit shall be issued until all items in this decision are completed. 9. The applicant will also have a management company on site at least two days during every week. 10. The management company to provide tenants with brochures listing community clubs in the area, YMCA, Boys & Girls Club, Applause Academy, etc. 11. Provide a copy of the proposed lease to the ZBA Office prior to an Occupancy Permit. Vote: Ackerman, Moniz, Arbour, Berube, Vieira........Yes Petition Granted. Case # 3478 138 North Walker Street LLC 138 N. Walker St. A Variance from Section 440 Attachment #3 of the Zoning Ordinance for the division of one lot into two lots. Lot 1 having the existing multi-family dwelling with 130’ of frontage (instead of 150) 22,300 sq. ft. of lot area & dry area (instead of 60,000 sq. ft. & 43,560 sq. ft. of dry area) with a sideline setback of 6 feet (instead of 25’) For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma. Atty. Thomas Gay, Jr., P. O. Box 988, Taunton, Ma. Opposition: None 2 In Favor: James DeFayette, 138 N. Walker St., Taunton, Ma. Paulette Parent, 138 N. Walker St., Taunton, Ma. Robert Vincent, 138 N. Walker St., Taunton, Ma. Paul Pelletier, 138 N. Walker St., Taunton, Ma. Kevin Henault, 138 N. Walker St., Taunton, Ma. Atty. David Gay states this request is to solidify what is already in place. The plan shows the division of one lot into two with the remaining land being in the Highway Business District. The existing 5 family dwelling is located in the Rural Residential District and has the required parking. Atty. Tom Gay stated they are asking for variance for frontage, lot area, dry area and setback for the existing house lot. He states the remaining lot conforms to the Highway Business District and will most likely be used in conjunction with the Highway Business District. Atty. Tom Gay submits letter from the tenants of the existing dwelling in favor. Chairman Ackerman stated he viewed the site and it’s a natural break which makes sense. The building on the remaining lot was the former mosquito control building. Steve asked what is the existing warehouse used for now and it was answered just storage. Chairman Ackerman read letter from the City Planner, B.O.H., and Conservation Commission into the record. No one appearing in opposition. Motion to Grant as Presented: Moniz, Berube, Ackerman, Arbour, Vieira ………………Yes Petition Granted: Case # 3480 Warnock 83 Prospect Hill St. A Special Permit & Variance from Section 440-710 (D) of the Zoning Ordinance for an Accessory Dwelling Unit and allow it to be over the maximum 850 sq. ft. (proposed 1056 sq. ft.) and over the 30% habitable floor area of the building. For the Petitioner: John Lamb, South Shore Restoration, 18 Coves End Rd., Marion, Ma. representing petitioner. Opposition: None In Favor: None Mr. Lamb stated they are here tonight for an accessory dwelling unit. Chairman Ackerman read letters from the City Planner, Engineer, and B.O.H into the record. Chairman Ackerman reminded them they need to renew this every 5 years. Mr. Lamb stated he would comply with the City Engineer’s letter in regards to the parking spaces. The accessory dwelling will be for petitioner’s granddaughter and family. No one in favor or opposed. Motion to Grant as Presented: Vieira, Abour, Berube, Moniz, Ackerman.......Yes Petition Granted: 3 Case # 3481 Horton Street LLC 95 County Street A variance from Section 440-702 of the Zoning Ordinance for the reduction of the landscaping buffer requirement along the middle portion of the westerly side of Lot 1 from 25 feet to 7.5 feet., and lot 2 a waiver of the landscaping buffer requirement along the entire westerly property line to the end of the proposed pavement from 25 feet to 0 feet. For the Petitioner: John DeSousa, SeaCoast Consulting, LLC 4 Court St, Taunton, Ma. Opposition: None In Favor: None John stated his client is looking for a reduction of the landscaping buffer for these lots. Lot 1 would have 7 ½ feet instead of 25 feet as shown on the plans and Lot 2 along the easterly side of the existing access road to gain access to the other lot. Putnam Pipe is currently on one lot. Chairman Ackerman read letters from the Conservation Commission, City Planner, and B.O.H. into the record. Chairman Ackerman stated he had no issues with the request. No one in favor or in opposition. Motion to Grant as Presented: Vieira, Abour, Berube, Moniz, Ackerman...........Yes Petition Granted Case #3383-Mod. Dixon One Lawton St. A Variance from Section 440 Attachment #2 of the Zoning Ordinance to allow 1,006 square feet of previously approved office space to be used for small engine repair, retail sales and service. For the Petitioner: Timothy Dixon, 133 Reynolds Ave., Rehoboth, Ma. Opposition: None In Favor: None Tim states he’s here tonight so the entire building can be used for service, repair, and sales... Last time he was before the Board he didn’t have a tenant and it was approved for office use. Now he has tenant is just seeking to change approved office space to service, repair and sales. Chairman Ackerman read letters from the B.O.H, City Planner, Conservation Commission and B.O.H. Mr. Dixon stated he will reach out the Board of Health about the water separator. No one is opposition or in favor. Motion to Grant as Presented: Vieira, Moniz, Arbour, Berube, Ackerman.......Yes Petition Granted: Meeting adjourned at 6:45 PM 4 5 6 7