Zoning Board of Appeals

MINUTES CITY OF TAUNTON ZONING BOARD OF APPEALS May 9, 2019 at 6:00 pm. (held at Maxham School, 141 Oak St, Taunton, Ma.) Members Present: Dennis Ackerman, Wayne Berube, Sara Arbour, George Moniz and Bill Egan. Meeting opens a 6:04 pm. Sara made motion to approve the minutes of April 11, 2019 with revisions, seconded by Bill. 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. OTHER BUSINESS – SUMMER SCHEDULE Wayne made motion, seconded by Sara, to set the summer scheduled as follows; No July meeting, August 1st meeting, September 12th.. Case # 3450 – 22 oak Ave – requesting a 6-month extension – Motion made and seconded to grant 6-month extension. Vote: Berube, Arbour, Ackerman, Egan, Moniz....Yes 6-month extension granted. Case # 3489 Rocha Railroad Ave. (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. 1 Chairman Ackerman gave Atty. Thomas the option of continuing or going over the whole case again because 2 members are not present tonight that were here last presentation. Atty. Thomas chose to go over the case again. He stated they are here to make the lot buildable which will be serviced by municipal water and sewer. Last meeting they met with the neighbor who had a question about the property lines and they resolved that. Atty. Thomas stated he’s all set and no longer has any issues with it. Wayne stated he remembers an abutter, an older gentlemnn who was concerned with a stone wall? Atty. Thomas stated he met with him and went over it with him and he left message with son if they had any more concerns. The stone wall still exists. It was stated the dept. comments were read into the record last presentation. No one appearing in favor or in opposition. Motion made and seconded to grant as presented. Vote: Egan, Berube, Ackerman, Moniz, Arbour.....Yes Petition Granted Case #3493 McCarthy 56 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. In Favor: None Opposition: Mario & Karen Garcia, 635 Dighton Ave., Taunton, Ma. Atty. Costa stated they continued from last month to conduct some sound testing and to see whether or not they comply with the State DEP regulations. Richard Rheaume, Prime Engineering submitted report showing they comply with the State DEP regs. They stated they went before the Planning Board for a Site Plan Review already and during that process they realized they needed a height variance. Mr. McCarthy stated they are willing to meet with them (Garcias) anytime if they have any problems. Mr. Rheaume stated they did a soft db testing and they placed monitors at Colt Circle and Dighton Avenue for 40 hours during a weekend. The results are all within the regulations. If they add any more supplemental equipment they can do more monitoring and if its close they can encase the equipment. Chairman Ackerman stated he would suggest a condition if approved, if any additional external equipment is added they sound testing shall be done again and send results to ZBA office. Wayne compliments the petitioner for conducting the tests and going beyond the call of duty. No one in favor. Opposed: Mario Garcia, stated they came out to his house and put one of the stations in his backyard. He purchased his own equipment and the results are in line with the regs. He stated based on the meeting he had the results show they won’t hear anything. He wanted to make sure that was the case. Chairman Ackerman reminded him that the newer equipment is a lot quieter than the older ones. Mr. Garcia suggests the Board 2 setting limits on the sound. Wayne asked Mr. Garcia how far he lives and he said about 160 years away = 500 feet. Mr. Garcia stated he has spoken to the State and they can go up to 10 db but he wanted a guarantee if won’t be that excessive. There was some discussion on whether they Board should put a limit on the db . Sara stated according to the report they predict it will be under 43 db. Chairman Ackerman stated he satisfied as long as they comply with the State regs. Mr. Garcia asked why didn’t they put this in the back and it was answered because the offices are in the front. Mr. Garcia they will be affected and this will bring their house value down. Wayne asked if he had any evidence of that or is that just his opinion? Wayne suggested presenting evidence showing that. Mr. Garcia stated if the submitted documents are true showing he will not hear anything they he’s all set. Mrs. Garcia went on record agreeing with her husband. Atty. Costa stated they are required to comply with the State DEP standards. Atty. Costa stated they want to be a good neighbor and they will comply. Motion made and seconded to grant with the following condition: 1. New sound testing shall be conducted if any additional external equipment is constructed on the site and the results sent to the ZBA Office and Building Department. 2. No additional lighting shall be installed in the rear of property and no additional bays or loading docks can be added. Vote: Moniz, Arbour, Egan, Berube, Ackerman......Yes Petition granted Case #3501 Brophy 475 Crane Ave. South 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: Kelley Brophy, 475 Crane Avenue South, Taunton, Ma. In Favor: Henry Arsenault, 392 Crane Ave. South, Taunton, Ma. Opposition: Scott Cetino, 439 Crane Ave. South, Taunton, Ma had some questions. Ms. Brophy stated she already had a variance and even applied for extension but unfortunately due some circumstances in her life time passed and her approval expired. Wayne remembers this case and says essentially it’s the same approval again. Chairman Ackerman read dept. letters from the Water Dept., Fire Dept., City Planner, B.O.H and City Engineer. Wayne stated she even received the Form J approval form the Planning Board. In favor: Henry Arsenault, 392 Crane Ave. South stated he’s not opposed. Opposed: Scott Centino, 439 Crane Ave. So stated he wasn’t there back when it was originally approved and was wondering how the lot would e developed. He’s not really against it but just wants to know how far the tree line. He stated there is all kinds of little canals on the property that go under Crane Avenue. Chairman Ackerman stated they are proposing to convert the garage into a house. Mr. Cetino asked how far the yard 3 would be? If was mentioned to Ms. Brophy that she may have to go back to the Conservation Commission. Motion made and seconded to Grant as Presented: Egan, Berube, Ackerman, Arbour, Moniz.………………Yes Petition Granted Meeting adjourned at 6:43 PM 4