Zoning Board of Appeals

MINUTES CITY OF TAUNTON ZONING BOARD OF APPEALS April 11, 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 6:02 pm. Sara made motion to approve the minutes of March 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 # 3499 Arruda 48 Anawan St. Prop. I.D. 64-65 & 64-66 A Variance from Section 440-602 & 440 Attachment #3 of the Zoning Ordinance to allow the construction of a residential home on a lot having 9,869 sq. ft. lot area & dry area (instead of 15,000 sq. ft. lot area & 11,250 sq. ft. dry area) 74.81 feet of frontage & lot width (instead of 100 feet) and side setbacks of 9 feet (instead of 15’) on premises situated at 48 Anawan Street known as property I.D. 64-65 and property I.D. 64-66. Letter from Atty. Brennan requesting to withdraw without prejudice. Motion made and second to gran request to withdraw without prejudice. Ackerman, Berube, Arbour, Moniz, Egan ..........yes Petition withdraw without prejudice. Cont’d. Case # 3489 Rocha Railroad Ave. Prop. I.D. 124-20 A Variance from Section 440 - Attachment #3 of the Zoning Ordinance for the development of a lot having 15,053 square feet of lot area & dry area (instead of 30,000 sq. ft. lot area & 22,500 sq. ft. dry area) on premises situated on Railroad Avenue, Taunton, Ma. on Assessor’s Map 124, Lot 20. Letter from Atty. John-Paul Thomas requesting a continuance Motion made and seconded to grant the request for a continuance. Vote: Ackerman, Arbour, Vieira, Berube, Moniz...Yes Petition continued to next month. 1 Case #3496 Commonwealth Alternative Care Inc. 30 Mozzone Blvd. A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow an 8 foot chain link fence topped with three strands of barbed wire. For the Petitioner: Atty. Matthew Costa, Gay & Gay, P.C., P. O. Box 988, Taunton, Ma. Bob Field, P.E., Field Engineering Co. Inc., P.O. Box 1178, Mattapoisett, Ma. In Favor: None Opposition: None Mr. Field stated that Commonwealth Alternative Care leases this property and the adjacent one (16 Mozzone Blvd.) and presently approved for medical marijuana and they recently received a special permit for processing. There is a scheduled public hearing with the Municipal Council for retail marijuana. For security reasons they are need an 8 foot fence between the two properties. They are proposing an 8 foot fence with 3 feet of barbed wire along the property line separating 16 & 30 Mozzone Blvd. There will be a passage way with an electronic gate. George asked if the fence is chain line and Atty. Costa answers yes for 24 hour security. George asked if they were proposing color slats for the fencing and Mr. Field states he doesn’t think so. No one appearingin favor or opposed. Chairman Ackerman read dept. letters from the Water Dept., City Planner, B.O.H and City Engineer. Motion made and seconded to Grant as Presented: Berube, Arbour, Vieira, Ackerman, Moniz.………………Yes Petition Granted Case #3495 Commonwealth Alternative Care Inc., 16 Mozzone Blvd. A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow an 8 foot chain link fence topped with three strands of barbed wire and an 8 foot high electronically operated gate with a zero foot sideline setback. For the Petitioner: Atty. Matthew Costa, Gay & Gay, P.C., P. O. Box 988, Taunton, Ma. Bob Field, P.E., Field Engineering Co .Inc., P. O.Box 1178, Mattapoisett, Ma. In Favor: None Opposition: None Mr. Field stated that Commonwealth Alternative Care leases this property and the adjacent one (30 Mozzone Blvd.) and presently approved for medical marijuana and they recently received a special permit for processing. There is a scheduled public hearing 2 with the Municipal Council for retail marijuana. For security reasons they are need an 8 foot fence between the two properties. They are proposing an 8 foot fence with 3 feet of barbed wire along the property line separating 16 & 30 Mozzone Blvd. There will be a passage way with an electronic gate. George asked if the fence is chain line and Atty. Costa answers yes for 24 hour security. George asked if they were proposing color slats for the fencing and Mr. Field states he doesn’t think so. No one appearingin favor or opposed. Chairman Ackerman read dept. letters from the Water Dept., City Planner, B.O.H and City Engineer. Motion made and seconded to Grant as Presented: Berube, Arbour, Vieira, Ackerman, Moniz.………………Yes Petition Granted Case #3494 Oliveira 449 Winthrop St. A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow a 35’ x 20’ addition to the existing garage having a 7 foot side setback (instead of 15 feet) For the Petitioner: Anthony Oliveira, 449 Winthrop St., Taunton, Ma. In Favor: None Opposition: None Mr. Oliveira states he is proposing an addition to the existing garage. He states this is the best location after speaking with the Conservation Agent to stay from the wetlands. Wayne asked is this garage his for business use or person and Mr. Oliveira answers personal use. He had neck pain and having a lift in the garage would help. No one in favor or in opposition. Chairman Ackerman read the department letters from the City Planner, B.O.H., and Water department. George asked if they should put restriction on only fixing his vehicles. Mr. Oliveira stated he only fixes his personal race cars and has been for many years without any problems. Motion made and seconded to Grant as Presented: Berube, Arbour, Vieira, Ackerman, Moniz.………………Yes Petition Granted Case #3493 McCarthy 656 Joseph warner Blvd. A Variance from Section 440 -603 of the Zoning Ordinance to allow a 6,000 square foot portion (1%) of the building to be constructed at a height of 55 feet above ground (max. height 50 feet) For the Petitioner: Atty. Matthew Costa, Gay & Gay, P. O. Box 988, Taunton, Ma. Joseph McCarthy, 565 Joseph Warner Blvd, Taunton, Ma. Richard Rheaume, Prime Eng., P. . Box 1088, Lakeville, Ma. 3 In Favor: None Opposition: Mario Garcia, 635 Dighton Ave., Taunton, Ma. Atty. Costa states they are here tonight for a variance for a small portion of the building to be 55 feet in height. After looking at the plans they stated the only portion that is going to be over 50 feet is about 1,800 square feet (not the 6,000 square feet previously asked for). Prysmian has over 112 plants in 50 countries and they presently have a plant at 761 Joseph Warner Boulevard. They now wish to take over this site which is the former Swank facility. The building has been mostly empty since Swank left 5 years ago. The building is a 242,188 sq. ft. industrial building with a 10,000 sq. ft. mezzanine for a tot al of 252,188 sq. ft. on 5/12 acres. They have been through the Site Plan Review with the Planning Board. There is a high water table which prevents it to be feasible to go further down. The closest residential abutter is about 400 – 500 feet away and there are trees along the back property line. In the winter they can see the building. The mixer unit that is over 50 feet high is a key element in the cable manufacturing process. Wayne asked how many employees? It was answered 50 and 8 people on the mixer on 2 shifts. Mike stated they are only asking for it to be 5 feet higher that what is allowed. Steve asked if the Fire department had any issues and it was answered no. They would need to comply with the regulations pertaining to Fire suppression. George asked if the mixer is permanent structure and it was answered yes. Opposed; Mario Garcia, 635 Dighton Ave. lives right in back and this will affect him, his property values, unsightly view. He asked why are they asking for another variance when haven’t acted on the last one issued for the addition. He stated there are vegetated wetlands and he stated the proposal is misleading. He stated he can see building now and with it being 55 feet in height it will affect their view of the sunset. He stated he met with Dan Costa on 3-30-19 but he didn’t have any answer about the noise level. He asked if there would be any additional loading docks and it was answered no. He asked if the mixing unit is a 24 hour 7 day operation and it was answered yes. He asked if there would be additional employees, lighting and it was answered no just re-locating to this property. He visited the existing site down the road and it was very noisy, lots of garbage and messy which concerned him. He stated allowing the height variance would impact his peaceful enjoyment and he asks the Board to decline the request. However; if approved he asks the Board to ask for a noise level (decimal testing) to see how it will affect the neighborhood. Chairman Ackerman clarified that they are only asking to go 5 feet higher that what is allowed under the ordinance. Opposed: Karen Garcia, 635 Dighton Ave. agrees with what her husband Mario said. Chairman Ackerman asked Atty. Costa if he had any information on the noise levels? Atty. Costa stated they will need to comply with the DEP standards. Chairman Ackerman suggested maybe continuing to have noise testing done to satisfy the abutter. Chairman Ackerman reminded them they are only asking for a 5 foot increase in height. Steve stated that during the Site Plan Review process they will review lighting. They took away the loading docks and took the old mixing unit and replaced it with a new one inside which weighs 250 lbs. opposed to the old one that weighed 500 lbs. George suggests fencing to address the noise if after the testing, is needed. Mike suggests when finishing they may want to consider sound barriers and it was mentioned they are putting sound blankets. They brought the mixer inside so it will be less noisy than it being outside. Steve asked about the old site and 4 trash and it being messy and Mr. McCarthy was not aware it being that way. Rich explains the tree line and how it will affect the noise levels. He stated the sunset will only be affected for a short time of the year. George asked how what is the distance to the closest house and it was answered about 500 feet away. There are existing trees that are pretty tall. Chairman Ackerman read letters from the Water Dept. City Planner and City Engineer into the record. Motion made and seconded to continue to next month to provide confirmation of compliance with the State EPA noise levels or what action would be taken to comply. Berube, Arbour, Vieira, Ackerman, Moniz.………………Yes Petition continued Case #3500 DaRosa 311 Somerset Ave. A Variance from Section 440 Attachment #2 of the Zoning Ordinance to allow he mixed use of the existing building to contain an office and one residential unit in a Urban Residential District. For the Petitioner: Atty. Matthew Costa, Gay & Gay, P.C., P. O. Box 988, Taunton, Ma. In Favor: Nelson Matos, 285 King James Blvd., Taunton, Ma. Opposition: None Atty. Costa stated they are requesting to use the premises as an office and one apartment. The property is the former church and has been used for church purposes and a residence for the priest. The applicant has an existing accounting business he wishes to re-locate here. They are proposing minimum renovations and they will need Site Plan Review approval from the Planning Board. The intent is for one of the partners to stay in the residential unit but in the future they may rent. This property gives them the opportunity to grow. Nelson Matos, 285 King James Blvd. stated he’s familiar with this property and this would be a good use for it. He disclosed he is the buyer’s broker. No one appearing in opposition. Chairman Ackerman read dept. letters from the Water Dept., City Planner, B.O.H and City Engineer. Motion made and seconded to Grant as Presented: Berube, Arbour, Vieira, Ackerman, Moniz.………………Yes Petition Granted Case #3498 Costa School St. (Property I.D. 48-5) A Variance from Section 440-602 and Section 440 Attachment #3 of the Zoning Ordinance for the construction of a single family dwelling on a lot having 8,000 sq. ft. of lot area & dry area (instead of 15,000 sq. ft. lot area & 11,250 sq. ft. dry area) 50 feet of frontage & lot width (instead of 100 feet) with side setbacks of 11 feet (instead of 15 feet) 5 on premises situated on the west side of School St., Taunton, Ma known as Assessor’s Map 48-5. For the Petitioner: Atty. Edmund Brennan, One Church Green, Taunton, Ma. Jesse Costa, 140 Nichols Dr., Taunton, Ma. In Favor: Petition signed by 8 abutters Opposition: Petition signed by 18 abutters Frances Adams, 320 School St. Taunton, Ma. Atty. Brenan states this property has been in the family since 1922 and has been passed down to Jessie and 312 School Street was sold off last fall. He wishes to construct a house on the 8,000 square foot lot. Atty. Brennan presented pictures of houses out there and gives a good idea this will fit into the neighborhood. Atty. Brennan submits petition signed by 8 abutters in favor. He stated there are a few houses in the immediate area that are fairly new. Atty. Brennan stated in the P&S for 312 School Street they disclosed that they were going to pursue a variance to make the lot buildable. They even had a paragraph in the P&S stating by signing it meant they would not oppose it and the buyer signed it. Chairman Ackerman read letters from the B.O.H, City Engineer, Conservation Commission, City Planner, Fire Dept. and Water Dept. Wayne stated the whole neighborhood are made of small lots and this will fit in nicely. In favor: Chris Costa, 16 Godfrey St. stated he’s in favor because the size conforms to the neighborhood. Opposed: Frances Adams, 320 School St. Stated there is only 11 foot side setback. Chairman Ackerman stated if they met the required 15 foot side setback would she be opposed and she wasn’t sure. She is concerned with all the wildlife that would be affected. Sara stated the wildlife will eventually come back. Atty. Brennan reiterated that his client disclosed that he intends on pursing a variance to build a single or a duplex and by signing they would not opposed. Chairman Ackerman said the lot was sold and it existed since 1960. He pointed out the City Engineer recommends complying with the setback like the house did across the street did. Atty. Brenna stated they are thinking of building a nice little bungalow something reasonable. Wayne stated the neighborhood doesn’t look overcrowded and the proposal fits in nicely and makes a lot of sense to him. The hardship is that the owner doesn’t use the property and to put a house on it would be consistent with the neighborhood. George asked if they could have 12 foot side setback maybe build 26 x 34? Mike asked if they could do 26 feet wide and single family only? Chairman Ackerman stated they were upfront with their intentions and they should have had an easement for driveway. There was discussion about the property line and the stake that was just put there. It appears that the neighbor’s driveway is actually part of this property after a survey was done. Ms. Carroll, 325 School St. stated the proposed side setback is only 11 feet. She stated she has autistic child and there are Go Slow Children signs in the area. Opposed: Samantha Adams, 320 School St. stated the realtor marketed the property having 4 parking spaces and now they find out part of the driveway is part of this property. Wayne and Dennis agreed they made the buyer aware of their intention of making this lot buildable. Chairman Ackerman read dept. letters from the Water Dept., City Planner, B.O.H and City Engineer. 6 Motion made and seconded to grant with the following conditions: 1. House to be a maximum of 26 feet wide (12 foot wide setback) by a maximum of 50 feet long. 2. Single family dwelling only. 3. Single family dwelling to be serviced by Municipal Water & Sewer. Berube, Arbour, Vieira, Ackerman, Moniz.………………Yes Petition Granted Case #3497 Tremblay 513 & 551 Whittenton St. For: A Variance from Section 440-602, 440-603 Attachment #3 of the Zoning Ordinance to allow the re-configuration of 2 lots into 7 lots without having the required 30,000 sq. ft. of lot area, 22,500 sq. ft. dry area, 100 feet of lot width, 125 feet of frontage, and 15 foot side setback. Lot 1 having 13,014 sq. ft. of lot area & dry area, 79.58 feet of lot width and 86.64 feet of frontage; Lot 2 having 13,036 sq. ft. of lot area & dry area , 80.31 feet of lot width and 86.64 feet of frontage; Lot 3 having 13,066 sq. ft. of lot area & dry area, 80.48 feet of lot width and 86.64 feet of frontage; Lot 4 having 13,080 sq. ft. of lot area & dry area, 80.36 feet of lot width and 86.64 feet of frontage; Lot 5 having 13,068 sq. ft. of lot area & dry area , 80.05 feet of lot width and 86.64 feet of frontage; Lot 6 having 13,003 sq. ft. of lot area & dry area , 79.79 feet of lot width and 86.54 feet of frontage, and side setback of 10.9 for existing house, Lot 7 having 19,500 sq. ft. of lot area & dry area, 20 feet of frontage and 20.11 feet of lot width, and a shape factor of 105.6 (instead of 35) on premises situated at 513 and 551 Whittenton Street, Taunton, Ma. For the Petitioner: Atty. Edward Pietnik, 180 Paramount Dr., Ste. #3, Raynham, Ma. Jamie Bissonette, Zennith Consulting Engineers LLC, 3 Main St., Lakeville, Ma. In Favor: None Opposition: Frank Costa, 536 Whittenton St., Taunton, Ma. Michael Giroux, 579 Whittenton St., Taunton, Ma. Atty. Pietnik stated they had some conversations with some neighbors t try to address their concerns. Atty. Pietnik stated initially there were 8 lots and they are re-configuring to 7 lots with a single family on each lot. They were thinking of putting duplexes but only going for single family dwellings. This is the former Tremblay Storage & Movers site which currently has a 2- family located on it. That 2 family will be renovated and will remain. They are proposing 3,000 sq. ft. ranch or up /down with garage under. They will sell for approx. $450,000. Atty. Pietnik stated it will enhance the neighborhood. Atty. Pietnik passes out some pictures of what the property looks like and what style houses they are proposing. George asked if they were going to remodel the existing house and Atty. Pietnik answers yes and it will remain a 2 family. Atty. Pietnik 7 Stated there is a significant amount of deterioration to the property, no grass and it may need to be cleaned up (21E done) The City Engineer’s letter indicates what we are proposing complies with the neighborhood. Chairman Ackerman asks if they are single family only and it was answered yes. Chairman Ackerman stated they could possibly lose a few lots due to the clean up (21E). Chairman Ackerman read letters from the City Planner, Water, Fire, City Engineer and Conservation Commission. Opposed: Mike Giroux, 579 Whittneton St. stated he is right next door and would like some kind of fencing. He asked why the petitioner is not complying with the zoning and combine the lots to have conforming lots. What is the hardship? He stated he would not have built his house next door if they knew they would be cramming in houses. Atty. Pietnik stated originally there were 8 lots and they were exploring putting duplexes but now just doing 7 lots with single family dwellings. Chairman Ackerman stated the hardship is the soil conditions and the condition of the property. Atty. Pietnik stated it’s not their intent to have 8 lots. Chairman Ackerman stated when he first looked at this he was totally opposed and after seeing the City Engineer’s letter he agrees the lot sizes are similar to what is there now. He stated the City Planner disagrees and thinks it’s too small. Mike asked why is there 2 accesses? It was mention that’s for emergency vehicles. They can enter one entrance and exit out the other. It was noted this is a bad corner. George stated the buyers should be informed the Quarry is across the street. Steve asked if this needed Site Plan Review and it was answered no it does need a Form J – Waiver of frontage from the Planning Board. Bill stated they might had a big hurdle with the clearn up for lots 4,5,6 . Steve said when he first looked at plan he was wondering why lot 7 had 2 accesses and now after hearing why it makes sense. Opposed: Frank Costa, 536 Whittenton St. stated to spoke to the Attorney and was assured they would be single family only. He re-iterated t it’s a bad corner and it’s a safety issue. It was suggested placing a condition on restricting shrubs, fences in front. It was mention there is no sidewalks and there is a lighting issues. The Board stated the TMLP is in charge of lighting. Chairman Ackerman stated they gave detailed report and he thinks once it’s all done it will be a benefit to the neighborhood. Wayne says it resemble the old Highland heights skate land site, they took an old dilapidated building and put nice new houses. This site will be improved drastically. Motion made and seconded to continue grant with the following conditions: 1. Any shrubbery, plantings or fencing along each lot shall be setback at last least 18 feet from the front property line to ensure safe view. Mailboxes are exempted. 2. Lot 7 shall have one way in along the 20 feet of frontage next to lots 5 & 6 and one way out along the 20 feet frontage along lot 1. 3. Petitioner to erect fencing or greenery 6 feet in height along property line of 579 Whittenton St. (Giroux). 4. Houses on lots 1-5 and lot 7 shall be single family only. Berube, Arbour, Vieira, Ackerman, Moniz.………………Yes Petition Granted Meeting adjourned at 8:20 PM 8