Zoning Board of Appeals

MINUTES CITY OF TAUNTON ZONING BOARD OF APPEALS August 1, 2019 at 6:00 pm. (held at Maxham School, 141 Oak St, Taunton, Ma.) Members Present: Dennis Ackerman, Wayne Berube, George Moniz, Steve Vieira Michael Staples, and Bill Eagan. Meeting opens at 6:00pm. Wayne made motion to approve the minutes of June 13, 2019, seconded by George, 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 # 3451 – Requesting 6-month extension – Motion made and seconded to grant 6-month extension. Vote: Moniz, Vieira, Staples, Berube, Ackerman...Yes 6-month extension granted. Case #3504 Sisson 726 Dighton Ave. For: 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 63 having 63.02’ of frontage (instead of 125’) and 60.08’ of lot width (instead of 100’) and having a side setback of 12.5 feet on both the southerly & northerly sidelines (instead of 15’) with a shape factor of 43.44 (instead of max. 35 allowed); Lot 64 having 52 feet of frontage (instead of 125’) and 60.18’ of lot width (instead of 100’) with 22,747 sq. ft. of lot area (instead of 30,000 sq. ft. and having a sideline setback of 7.5’ (instead of 15’) and the existing garage having a 11 foot side setback (instead of 15’) For the Petitioner: Brad Fitzgerald, P.E., SFG Associates, Inc, 28 Main St., Lakeville, Ma. In Favor: William & Alison Rounds, 736 Dighton Ave., Taunton, Ma. Opposition: None Brad stated they continued from last month to work with neighbors and as a result they changed the plans and needed to re-advertise. They worked out agreement with the direct abutter and have agreed to their request to clean up property. The re-configuration of the lots put the garage back on the house lot. Chairman Ackerman read letters from the City Planner, Engineer, Conservation Commission, B.O.H and letter from Bill & Alison Rounds, 736 Dighton Ave. requesting his conditions be included in the decision. 1 Motion made and seconded to grant with the following conditions: 1. The new house on Lot 63 will be sized and located, and all other features indicated (lot lines, setbacks, etc.), will be as shown on the plan entitled “A ZBA Plan in Taunton, MA for David & Lynda Sisson” prepared by Senna Fitzgerald Gilbert Associates and dated May 20, 2019, revised June 4, 2019 and June 27, 2019. The house will not exceed two stories. 2. The existing house and garage on Lot 64 will be rehabilitated, and the dilapidated camper and other junk, trash, etc. will be removed from both Lot 63 and Lot 64. 3. All of the wild, bamboo-like vegetation on both Lots 63 and 64 is to be completely eradicated, roots and all, over the entire property (and neighboring properties with property owners’ permission). This will require stripping off the top layer of soil to remove the roots. The entire property (except for buildings, driveways and walkways) will then be loamed and seeded for grass and will be monitored to ensure the establishment of a healthy lawn. 4. The stone wall between 726 Dighton Avenue and 736 Dighton Avenue will not be disturbed, unless it is necessary to remove the vegetation described in #3, above, in which case it will be restored to its original condition. 5. All mature trees on Lot 64 will be left undisturbed, except as described in #7, below. 6. The existing drainage problem on this property will be remedied. Currently, surface (and possibly sub-surface) water runs from the rear of Lots 63 and 64, roughly down and across the existing driveway, and floods the adjacent yard and driveway of 736 Dighton Avenue, as well as the street. It happens almost year-round, except for the driest times, causing ice problems in the winter and mud problems in the spring. At a minimum, this drainage will be captured and managed so as not to have any impact on any adjacent property, including the street. 7. The large tree located approximately 30 feet from the street along the boundary between the driveways of 726 and 736 Dighton Avenue will be completely removed, stump and all. 8. A privacy hedge consisting of a row of mature arborvitae (Thuja Green Giants or similar, subject to neighbor’s approval) will be installed between 726 and 736 Dighton Avenue, beginning approximately 25 feet from the street and extending along the boundary line to the rear corner of the lot for #736. 9. No Certificate of Occupancy will be issued for the new house on Lot 63 until all these conditions have been satisfied. Vote: Ackerman, Vieira, Berube, Staples, Egan....Yes. Petition Granted 2 Case #3507 Brophy Glebe St. Map 52- Lot 164 For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow the development of a lot having 49,011 sq. ft. (instead of 60,000 sq. ft.) with 32,647 sq. ft. of dry area (instead of 43,560 sq. ft). on premises situated on Glebe Street, known as Assessor’s Reference Map 52, Lot 164. For the Petitioner: Brad Fitzgerald, P.E.. SFG Associates, Inc., 28 Main St., Lakeville, Ma. In Favor: None Opposition: None Brad states they are here tonight to be able to put house on lot having insufficient lot area. The wetlands have been flagged and the lot will fit the house and leaching field. The property is across from St. Francis Cemetery. Chairman Ackerman read letters from the Engineer, B.O.H, City Planner, Water, and Conservation Commission Brian Pastor, 111 Flintlock Rd. stated he was opposed but realized this was the wrong case. The new lot will be serviced by municipal water and a septic system. Motion made and seconded to grant as presented: Vote: Staples, Vieira, Moniz, Berube, Ackerman …………Yes Petition Granted Case #3506 Waters Corp. 177 Robert Treat Paine Dr. For: A Variance from Section 440-706 of the Zoning Ordinance to allow an additional 4 freestanding directional monument signs (48”x 76”) For the Petitioner: Russ Burke, BSC Group, 31 Waldo St., Worcester , Ma. In Favor: None Opposition: None Russ states they are here tonight for additional signage to direct people to the correct location. There is 3 access points and after conversations with the Fire department it was suggested putting up additional signage. He stated the streets would eventually be accepted by the City through the Mass Works Grants so the Engineer, Assistant DPW Commissioner is very interested in these signed getting put up. Russ stated the driveway which will eventually become a City Street is going to be names “Regiment Way”. Mike asked if the signs are set back enough to avoid potential site obstruction and Russ answers yes they will be 10 feet setback from the property line. It was noted in the Water Department letter that they would need to mark out where the signs would be going and they were ok with that. Chairman Ackerman read letters from the Engineer, B.O.H, City Planner, Conservation Commission and T.D.C. in favor. No one appearing in opposition or in favor. 3 Motion made and seconded to grant as presented: Vote: Staples, Vieira, Moniz, Berube, Ackerman …………Yes Petition Granted Steve Vieira excused at 6:30 PM Case #3508 Taunton Rifle & Pistol Club Inc. 430 E. Britannia St. For: A Special Permit from Section 440-503 (d) of the Zoning Ordinance to allow a 720 square foot addition to the pre-existing non-conforming 9,660 square feet building. For the Petitioner: Atty. Matthew Costa, Gay & Gay, P.C., P. O. Box 988, Taunton, Ma. In Favor: None Opposition: None Atty. Costa stated this building is a pre-existing non-conforming building and they wish to put a small addition to the rear of the building. The addition is to install a better back drop. The proposed addition is only 720 sq. ft. and won’t change the number of firing lanes. The direct abutters are the cemetery, dump and some wetlands in the rear. The pistol range has over 4,000 members and this addition will help them because the existing back drop must be removed & installed frequently. This will save them money. No one in favor or opposed. Chairman Ackerman read letters from the City Planner, Water, City Engineer, Conservation Commission and B.O.H. Motion made and seconded to grant as presented: Vote: Staples, Egan, Moniz, Berube, Ackerman …………Yes Petition Granted Case #3509 Aspen Prop. Holdings LLC 91 Crane Ave. South For: A Variance from Section 440-602 and 440 Attachment # 3 of the Zoning Ordinance for the division of one lot into 3 lots. Lot 1with the existing house having 80.16’ of frontage (instead of 150’) and 85.36’ of lot width (instead of 100’) and Lots 2 & 3 having 15 feet of frontage & lot width (instead of 150’ frontage & 100’ of lot width. For the Petitioner: Atty. Thomas Ramondetta, 60 Court St., Taunton, Ma. Jeff Tallman, Sitec, 449 Faunce Corner Rd., Dartmouth, Ma. In Favor: Petition signed by 13 Abutters in favor. Opposition: Brian Pastor, 111 Flintlock Rd., Taunton, Ma. Atty. Ramondetta stated the petitioner purchased the property in May 2019 which has about 7 acres and the intent is to develop the back portion of the property. They had 3 separate options which include building a traditional road, inclusionary housing showing 9 lots or have 2 lots with insufficient frontage & lot width. They think the 2 lot proposal 4 is the least impact to the neighborhood. The house price range is between $450,000 - $500,000 of which will enhance the neighborhood. They will re-hab the exiting house and put two new houses in the rear. They could do more if they build conventional road. They would be similar to 475, 611 and 617 Norton Avenue. The hardship is the shape of the lot having excess land but limited frontage. Wayne stated the majority of the land is in the back. Chairman Ackerman asked if they met with the City Planner and they said yes in regards to a 9 lot inclusionary or conventional 4 lot subdivision. Chairman Ackerman suggested having a cross easement for the driveways. George asked if it would be a shared driveway and they said no. Petitioner did go out and talk to neighbors and submitted a petition signed by abutters in favor. Steve Orcutt just wanted to make sure they were going to be single family and it was answered yes. They submitted new plan showing an 80 foot strip being cut out and conveyed to Rainey and 100 foot strip being conveyed to Hebert. The Board asked if there would be a turnaround and it was answered yes. It was asked how many driveways would there be and it was answered 2. Opposed: Brian Pastor, 111 Flintlock Rd. was opposed. Chairman Ackerman pointe out if they went to Planning Board they could do a conventional subdivision with more lots. Mr. Pastor stated the petitioner never spoke to him about the proposal. Mr. Pastor stated he has been there for 20 years and it’s beautiful farm land and he likes his privacy. It was suggested putting a 30 foot no cut zone along Flintlock Road. It was suggested planting some trees for privacy, Leland Cypress so the deer won’t eat them. George pointed out that Mr. Pastor could be in the same place asking us for some relief on his property. Mr. Pastor stated the petitioner profits from this not him Jeff said they could do 9 lots inclusionary housing. Wayne stated he is going to vote on what is presented to him not what could go in. Wayne stated that you would need approval for inclusionary housing, it not allowed by right. Chairman Ackerman read letters from the City Planner, Water, City Engineer, Conservation Commission and B.O.H. Motion made and seconded to grant with the following conditions: 1. Approval is based on the amended plan dated 7-31-19 showing the conveyance of Parcel A and Parcel B to abutters on Crane Avenue South. 2. A 30 foot wide no cut zone on lot 2 along the property line of abutters on Flintlock Road and place several privacy trees in the 30 foot no cut zone abutting the Flintlock Road property. 3. Lots 2 & 3 must provide an emergency turnaround. 4. Lots 2 & 3 to have cross easements for driveway to be recorded at the Registry of Deeds even though each lot has their own driveway on their own lot. 5. Show trees on building permit plans 6. Single family dwelling only on each lot. Vote: Staples, Egan, Moniz, Berube, Ackerman ....Yes. Petition granted Meeting adjourned at 7:06 PM 5 6 OTHER BUSINESS: 7