Zoning Board of Appeals

MINUTES CITY OF TAUNTON ZONING BOARD OF APPEALS March 14, 2019 at 6:00 pm. (held at Maxham School, 141 Oak St, Taunton, Ma.) Members Present: Dennis Ackerman, Steven Vieira, Wayne Berube, Michael Staples, Sara Arbour and Bill Egan. Meeting opens a 6:00 pm. Wayne made motion to approve the minutes of February 14, 2019 seconded by Steve. All in favor. Chairman Ackerman explains the ZBA process. A presentation is made by the Petitioner then they hear from opposed/ and in favor. Then the petitioner is allowed to answer questions and the Board votes. There is not going back and forth. You need 4 votes to pass. Case # 3433 – requesting 6-month extension – Motion made and seconded to Grant 6-month extension. Vote: Ackerman, Berube, Vieira, Arbour, Staples.....Yes 6-month extension Granted. Case #3488 Whalon 41 Ashland St. AVariance from Section 440 - Attachment #3 of the Zoning Ordinance for the division of A 25,962 square foot lot into 2 lots. Lot A to have 12,975 sq. ft. of lot area (instead of 15,000 sq. ft.) and to contain the existing dwelling; Lot B to have 12,987 sq. ft. (instead of 15,000 sq. ft.) For the Petitioner: Atty. Matthew Costa, P.O. Box 988, Taunton, Ma. In Favor: petition signed by 17 abutters. Opposition: None Atty. Costa submitted petition signed by 17 abutters in favor. The petitioner has owned this property since 2001 and currently has a single family dwelling located on it. The property consists of 25,962 sq. ft. with frontage along Ashland Street and Belmont Street. Atty. Costa stated they could by right convert the house to a two family or a 3 family but they want to divide the property into two lots. The proposed division of the lots results in lots still consistent with the neighborhood. The new lot will have their frontage on Belmont Street while the other lot with the existing house faces Ashland Street. Atty. Costa states the petitioner doesn’t have any objection to restricting to a single family use. Chairman Ackerman stated the area is a nice area and if you want you could put a duplex on lot and he thinks it would be compatible to the neighborhood. Wayne stated the petitioner is presenting the case as a single family use. Chairman Ackerman only 1 expressed his opinion and suggested Atty. Costa ask the petitioner what they would want. Atty. Costa stated they would prefer to have the option of single or two-family but if there were any opposition they would be agreeable to a single family use. Atty. Costa at this time amended his proposal to have the option of either a single family or a two family use. Chairman Ackerman read letters from the City Planner, Engineer, B.O.H, and Water Dept. into the record. Sara asked if the people that signed the petition in favor based it on a single family or a two family ? Atty. Costa said the petition just said to divide the lot into two lots. Motion to Grant as Amended by petitioner’s legal counsel with the following condition: 1. New lot must be serviced my municipal water and sewer. Arbour,Vieira, Staples, Ackerman, …………Yes Berube.........................................................No Petition Granted Case #3490 Dorsey 118-120 Summer St. A Special Permit from Section 440-503 of the Zoning Ordinance for the modification of a pre-existing non-conforming use and building by allowing the change of use from general office and retail to two (2) residential units while continuing the service use (Chiropractor Use) For the Petitioner: James Dorsey, Jr., 82 Ingell St., Taunton, Mr. In Favor: None Opposition: None Jay stated the existing building is a pre-existing non-conforming use which originally was a gas station and has since received zba approval for the continuance of the use. He wishes to take one side and convert to 2 residential units while keeping the service use (Martin Chiropractor) on the left side. They will provide handicapped accessible units. Chairman Ackerman stated there has been a lot of transient businesses at this location. Putting a residential use will remain in harmony with the neighborhood. Chairman Ackerman read letters from the City Planner, Engineer, B.O.H. and Water Dept. into the record. No one appearing in opposition or in favor. Motion made and seconded to Grant as Presented: Ackerman, Berube, Arbour, Vieira, Staples, ………………Yes Petition Granted Case #3491 Shuley & Cardoza 9 Maple Ave. A Variance from Section 440-602 and 440 Attachment #3 of the Zoning Ordinance for the division of one lot into two lots with each lot having 3,949 sq. ft. of lot area & dry 2 area (instead of 15,000 sq. ft. lot area & 11,250 dry area) 50 feet of frontage & lot width (instead of 100 feet) and a sideline setback for Lot 2 of 5.1 feet (instead of 15 feet) For the Petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma. In favor: None Opposed: Richard Faulkner. 65 Worcester St., Taunton, Ma Patricia Silvia, 12 Maple Ave., Taunton, Ma. Bruce Simmons, 7 Albro Ave., Taunton, Ma. Atty. Rounds stated the property consists of a 2-family dwelling located on a lot having 7,878 square feet. The lots have always shown up on Assessors records as 2 separate lots with 2 separate tax bills. They wish to divide which requires several variances. Atty. Rounds stated the existing house would need a side setback and the new house on new lot will comply with setbacks. Atty. Rounds points out the location of the existing house is to one side leaving a lot of unused space. Atty. Rounds presented assessor’s map showing what kind of size lots the neighborhood consists of. He points out there are 3 family dwellings on small lots and several have 2 families on similar sized lots as he was proposing. He points out what they are proposing fits right in. Chairman Ackerman read letters from the City Planner, B.O.H, DPW Water & Sewer into the record. Wayne asked if the new house lot would be for a single family and the existing 2 family will remain. Atty. Rounds states the plans shows 6 parking spaces. Steve asked if the new house would meet setbacks and Atty. Rounds answer yes. Opposed: Rich Faulkner, 65 Worcester St. owns 11 Maple Ave. and this property almost sold once before for same reason. The traffic is the problem and one of the reasons he moved. He brought to the Board’s attention that back in the day the houses there were probably all single family and over the years they changed which added more traffic. He said you cannot fit 6 vehicles in back of that property. He said a local realtor saw it and he said no way was it practical. They finally just got the road paved and there is a 5 year moratorium . Opposed: Bruce Simmons, 76 Alpine Rd., representing Helen Simmons, 11 Maple Ave. (where Rich Faulkner used to live) stated the area is too congested, no room for 6 cars on property. Patricia Silvia, 12 Maple Ave. says she has lived there for 21 years and she agrees with previous speakers about the narrowness of the street and traffic issues. It would be a very big disruption to the neighborhood to add another house. Atty. Rounds stated they plan they submitted show 6 parking spaces on site. He says the existing parking is grandfathered but since they want to add another house they would need to come into compliance. Bill asked what the City Planner’s recommendation was and Chairman Ackerman said it was to deny because too small. Wayne stated he thinks the lot is simply too small to divide but commends Atty. Rounds on an outstanding presentation. Other board members agree the lot is too small, issue with traffic congestion. Motion to Grant as Presented : Ackerman, Arbour, Vieira, Staples, Berube.…......No Petition Denied 3 Chairman Ackerman excused at 6:34 PM Case #3492 Watson 178 Dunbar St. A Variance from Section 440 Attachment #3 of the Zoning Ordinance for the re- construction of a house having side setbacks of 2.8 feet & 17.8 feet (instead of 25’) and a front setback of 21.3 feet (instead of 40’) For the Petitioner: William Watson, 178 Dunbar St. Taunton, Ma. In Favor: None Opposition: None Mr. Watson explains how he wishes to take down the existing house and re-build a 2 bedroom house. The existing house only has one bedroom and he wishes to construct a little bigger house having a second bedroom to accommodate his family. He is making the house 5 feet deeper but keeping the same width. Wayne asked if he lives there and Mr. Watson answers yes. Steve reads the department letters from the City Planner, B.O.H., and Water department. Mr. Watson stated he does have the new water meter. No one in opposition or in favor. Motion made and seconded to Gran as presented: Berube, Arbour, Vieira, Staples, Eagan ………………Yes Petition Granted Case# 3489 Rocha Railroad Ave. Prop. I.D.124-20 A variance from Section 6.3 of the Taunton Zoning Ordinance to allow the division of one lot into two; One lot having 5.423 acres with 122.69 feet of frontage and the other lot having 5.1329 acres with 122.69 feet of frontage. For the Petitioner: Atty. John-Paul Thomas, 98 County St., Taunton, Ma. In Favor: None In Opposition: Donald Scott, 1531 Somerset Avenue, Taunton, Ma. had some concerns about the boundary Line. Dorothy Hebert, 38 Railroad Ave., Taunton, Ma. had concerns with water. Atty. Thomas stated they are here for variances to make this lot buildable. The property was buildable at one time but has since been changed from Urban to Suburban which requires a 30,000 sq. ft. lot. It’s located on the corner of Route 138 and Railroad Avenue. He’s aware they must file a Notice of Intent with the Conservation Commission. Atty. Thomas has been speaking with some neighbors and he would be happy to speak to the petitioner about their concerns. The lot will be serviced by municipal water and sewer. Steve asked if the corner house was a multi-family and he answers yes. The lot was 4 created in 1968 but it’s been held in common ownership so it’s not buildable until they get zba approval. He stated he spoke to the City Planner in 2007 and he said will require variances to make buildable. Atty. Thomas stated the City has left a water stub for this lot. Atty. Thomas the lot is not used by the existing multi-family dwelling. Steve read dept. letters from the City Planner, Engineer, Conservation, and B.O.H into the record. No one in favor. Opposed: Donald Scott, 1531 Somerset Avenue has some questions about the existing rock wall and was under the impression that was the property line. He doesn’t object to any building he just wants the deed changed. There was some discussion on if the deed he was referring to was the most recent? Wayne informed him if there was a “disputed boundary line” then they would need to take it up privately. However; some board members didn’t feel comfortable voting tonight. Wayne suggested Atty. Thomas talk with Mr. Scott and try to address his concerns relative to a potential “boundary dispute” . Opposed: Dorothy Hebert, 38 Railroad Ave had concerns with water. She wasn’t totally against a home going it she just wants it to be done right. Steve explained how the City Engineer will review that during the building permit process if approved. They cannot make it any worse and the City Engineer will ensure that. Motion made and seconded to continue until next month. Berube,Vieira, Arbour, Staples, Egan. ………YES Petition continued OTHER BUSINESS: Letter from CHAPA – notice of affordable unit for sale – 15 WampumDr. – Powhattan Estates. Motion made and seconded to place on file. Communication from the Municipal Council relative to possible Group Home on County Street – Motion made and seconded to place on file. Nothing has been filed yet. Meeting adjourned at 7:06 PM 5 6 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 7 Vote: Ackerman, Berube, Vieira, Arbour, Moniz .......... Yes Petition continued. 8