Zoning Board of Appeals

MINUTES CITY OF TAUNTON ZONING BOARD OF APPEALS June 13, 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 Steve Vieira and Bill Eagan. Meeting opens at 6:00pm. Chairman Ackerman had a moment of silence for Dianne Staples, husband of ZBA member Mike Staples who passed away on May 22nd. 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. Case # 3448 – 18 Johnson St – Requesting 6-month extension – Motion made and seconded to grant 6-month extension. Vote: Moniz, Arbour, Vieira, Berube, Ackeman...Yes 6-month extension granted. Case # 3442 – Dutra - Caswell St. Prop. I.D. 110-84 – Requesting 6 month extension. Motion made and seconded to grant 6-month extension. Vote: Ackerman, Berube, Vieira, Arbour, Moniz...Yes 6-month extension granted. Case # 3502 Tomawski Danforth St., Map 54-Lot 57 A Variance from Section 440-602 & Section 440 Attachment #3 of the Zoning Ordinance to make a buildable lot having 11,237 sq. ft. of lot area & dry area (instead of 15,000 sq. ft. of lot area & 11,250 sq. ft. of dry area) 97. 92 feet of frontage (instead of 100’) and 95.34 feet of lot width (instead of 100 feet) on the north side of Danforth Street known as Assessors Reference Map 54, Lot 57. For the Petitioner: Brad Fitzgerald, P.E.SFG Assoc. 28 Main St., Lakeville, Ma. In Favor: None Opposition: None 1 Brad stated they had house on this lot many years ago and it was taken down. Wayne asked when was the house razed and Brad answers around 1946. Steve asked if new house would be single for two-family? Brad didn’t know but the property is in the Urban Residential District so single & two-family is allowed. No one appearing in opposition or in favor. Chairman Ackerman read letters from the City Planner, Conservation Commission, Water and B.O.H. into the record. Ron Tomawski, showed pictures of house they might consider? He stated the house was being used at a two-family but maybe it was only legally a single family? Ron Strong, 15 Clark Avenue had some questions. Chairman Ackerman stated the petitioner has a vacant lot with a foundation and is asking for it to be buildable and the Board can place restrictions. Wayne suggests single family on the same foundation. Brad stated the new house would meet all setback, they will not be using the old foundation. The lot has 97.98 feet of frontage instead of 100 feet. Motion made and seconded to Grant as Presented: Berube, Ackerman, Vieira, Arbour, Moniz.………………Yes Petition Granted Case # 3503 Jorge 780 South Precinct St. A Variance from Section 440 702-C of the Zoning Ordinance to allow an agricultural use (structure/stable for horses) to be 190 feet to the nearest structure on an adjacent lot (instead of 300 feet) For the Petitioner: Brad Fitzgerald, P.E.SFG Assoc. 28 Main St., Lakeville, Ma. In Favor: None Opposition: None Brad stated the property consists of 4.8 acres and there are wetlands on the property. The proposal is to have a 20 x 10 structure & stable for no more than 2 horses. Chairman Ackerman asked if they would want any more than 2 horses and it was answered no. The property abuts the state forest. Wayne asked if this is for recreational use and it was answered yes. No one appearing in opposition or in favor. Chairman Ackerman read letters from the City Planner, Conservation Commission, Water Dept. and B.O.H into the record. Motion made and seconded to Grant as Presented: Moniz, Berube, Ackerman, Vieira, Arbour, ………………Yes Petition Granted Case #3504 Sisson 726 Dighton Ave. & Prop. I.D. 115-63 A Variance from Section 440-602 and Section 440 Attachment #3 of the Zoning Ordinance for the re-configuration of two lots resulting in Lot 64 having 82.5’ of frontage & lot width (instead of 125’ of frontage & 100’ of lot width) 16,482 sq. ft. of lot area and dry area (instead of 30,000 sq. ft. of lot area & 22,500 sq. ft. of dry area) Lot 63 having 30.28’ of frontage (instead of 125’) and 32.07’ of lot width (instead of 100’) on premises situated at 726 Dighton Ave. and property I.D. 115-63. 2 Requesting a continuance. Motion made and seconded to grant continuance and the petitioner waived the time frame on which to act on this proposal.. Vote: Vieira, Ackerman, Arbour, Berube, Moniz...Yes Petition continued to Aug 1st. Case #3505 Woodbine Properties LLC Oak St. Property I.D. 76-326 A Variance from Section 440 Attachment #2 of the Zoning Ordinance to allow a landscape/construction use with a 48’ x 30’ garage and a 30’ x 30’ storage area in an Urban Residential District situated on premises on the north side of Oak Street, known as property I.D. 76-326. For the Petitioner: Atty. Thomas Ramondetta, 60 Court St., Taunton, Ma. In Favor: Cathy Roe-Nixon, 80 Woodbine St., Taunton, Ma. Opposition: Lawrence & Kathleen Lambert, 157 Oak St., Taunton, Ma. Diane Riva, 162 Oak St., Taunton, Ma. Atty. Ramondetta stated the applicant took the old Highland Heights roller rink and made it into 10 single family house lots and this is the remainder of the property which was carved out by a Form A plan. The property is under the purview of Natural Heritage because of the Eastern Spade foot frog . This lot has been cleaned up to a point that no residential structure can be built on it and the applicant has agreed to that restriction. They are proposing a garage and storage for an Irrigation business which will have a few trucks, and small office with bathroom. They will need to put an oil/water separator and follow all the DEP rules . It was noted they have a LPS Doug Healey they have been working with. The building will not have a basement and the soils are still being monitored & tested per the State. Wayne asked when was it cleaned up and Atty. Ramondetta answered yes several years ago and it’s cleaned up to a point that no residential structure will be built. Ideally they would want to build a house but they agreed to the restriction. Chairman Ackerman asked if they would have any maintenance of vehicles and it was answered yes? There will be about 3-4 laborers who work for the irrigation company. Their hours would be 7 – 6 PM typically they report to work, load their stuff and come back to drop off vehicles. Wayne asked if they would be selling the lot to the irrigation company and it was answered no. It was then stated there would be no maintenance of vehicles inside or out it would be just assembly of materials. Chairman Ackerman asked if they are aware they have to through the Site Plan Review process and they were. Chairman Ackerman read letters from the City Planner, Conservation Commission, B.O.H and City Engineer. It was stated the second floor would be used for storage. In favor: Cathy Rose Nixon, 80 Woodbine St. stated she’s in favor and just would like a fence up in back. Opposed: Lawrence Lambert, 151 Oak St. stated he’s right next door and this will add traffic to the neighborhood. He had concerns with size of truck, traffic, noise and property values. He stated the only business in the area is Girlies which has been there for a number of years. Chairman Ackerman stated he assumes the applicant would probably want to put a duplex but the soil conditions won’t allow it. Mr. Lambert stated his daughter died from Cancer and 3 they questioned whether or not she was exposed to it from this property. He stated year ago there was always barrels of stuff on this property and clouds of smoke coming from it and Mr. Bunk would come over. Mrs. Lambert stated this place was use for hazardous waste and her daughter died of leukemia and the doctors asked if she had been exposed to hazardous materials because of how fast she got sick. Mrs. Lambert stated that GenTech did the clean up. She stated Mr. Rose had old cars on the property. She stated the neighborhood children would play over there and she assumes on the years her daughter was exposed to it. She thinks it’s unfair to have someone profit from a contaminated site. Chairman Ackerman said they cleaned up and have been cleared by DEP to develop the site as long as it’s not for a residential use. It was asked if he would rather have a house there or a business and Mr. Lambert answers a business. Sara stated she would rather see business there too. Mrs. Lambert stated its only in the best interest of the Rose family. Diane Riva, 162 Oak St. expressed her sympathy to the Lamberts on their loss. She lives across the street and didn’t know it was the DEP site. She had concerns with safety and added traffic to the neighborhood. Atty. Ramondetta answers that the deed restricts it to no residential use. He stated the business would be 3-4 laborers, pick- up trucks and there will be no 18 wheelers. The business consists of deliveries of lawn sprinkler materials (pvc piping) and a few laborers. They will be putting fencing along the whole perimeter. Steve asked hours of operation and it was answered 7 – 6 pm. Wayne asked about the storage area and it was answered there will be no building just fencing. The proposed 48’ x 30 building will be only building on site. Atty. Ramondetta stated this is a very low impact business which will not generate a lot of traffic. Motion made and seconded to grant with the following conditions: 1. Install a 6 foot fence around the perimeter of the property. 2. Hours of operation: Monday – Saturday 7 AM – 6 PM. No Sundays. 3. Deliveries of materials to be between 9 AM – 3 PM 4. No maintenance of vehicles inside or outside Vote: Vieira, Arbour, Moniz, Berube, Ackerman …………Yes Petition Granted OTHER BUSINESS: Meeting adjourned at 7:00 PM 4