Zoning Board of Appeals

MINUTES CITY OF TAUNTON ZONING BOARD OF APPEALS September 12, 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. George made motion to approve the minutes of August 1, 2019 seconded by Wayne, 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 # 3456 – Waterman – 250 Lakeview Avenue – Requesting a 6-Month extension Motion made and seconded to grant 6 month extenson. Vote: Ackerman, Berube, Arbour, Moniz, Staples....Yes 6-month extension granted. Bill Egan wanted to clarify he’s hearing impaired and wears a listening device. The Settlement – request to reduction of surety- Bill Taylor representing Bruce LLC II was here tonight to request reducing surety. Report from Vine showing an estimated value of $121,000 to complete plus we are still holding 12 lots. Currently we are holding $298,000. Chairman Ackerman recommends holding $130,000 and releasing the rest. Motion made and seconded to reduce the surety for The Settlement to $130,000 (based on Vines estimates) and release the remaining to Bruce LLC II ,. Seconded by George. All in favor. Letter from Atty. Rounds relative to Case # 3488 – Whalon – now Madlog Mgt. LLC – land court – relative to property dimensions changed. Chairman Ackerman read letter from Atty. Rounds stating the lot size is different due to the land being in land court. The difference is 71 square feet and the Board must determine if it’s a major or minor change. A major change would require a public hearing and a minor change would not, just need to amend our decision. George made motion to find the reduction of the square footage by 71 square feet is a minor change and votes to amend their decision to reflect the change. Seconded by Michael. All in favor. 1 Case #3513 Moitoza West Britannia St., 45-216 For: A Variance from Section 440 Attachment # 3 of the Zoning Ordinance for the division of one lot into two lots with lot 1 having 99.48’ of frontage (instead of 150’) and 25,300 sq. ft. dry area (instead of 43,560 sq. ft.) with a 15 foot side setback for the existing house and existing shed (instead of 25’) and Lot 2 having 98.13’ of frontage (instead of 150’) 93.52’ of lot width (instead of 100’) 27,500 sq. ft. of dry area (instead of 43,560 sq. ft.) and a 15 foot side setbacks (instead of 25’) on both sides for the proposed house. For the Petitioner: Atty. Thomas Gay, Jr., Gay & Gay, P. C. P. O. Box 988, Taunton, Ma. In Favor: Michael Staples, 443 W. Britannia St., Taunton, Ma. Opposition: None Atty. Gay states this property has been in the family since 1965 and the existing house is a 4 family dwelling. Atty. Gay stated 28 years ago the applicants in-law build a house next door #511 and now they wish to have their family live close. Both lots will be serviced by municipal water & sewer. The hardship is the lot is very large and has a pork chop shape with wetlands and is in 2 zoning districts. This proposal will allow family to live close by. In favor : Michael Staples, 443 W. Britannia St. stated they keep their property well maintained and he has no issues with the request. They are good people and quiet. Chairman Ackerman read letters from the City Planner, Conservation Commission, Engineer, Water and B.O.H. into the record. Chairman Ackerman asked if they were planning on building a duplex and Atty. Gay stated it’s located in the Rural Residential District so duplexes are not allowed. Motion made and seconded as Presented: Vote: Egan, Moniz, Berube, Ackerman, Arbour. ....Yes. Petition granted Case #3510 Rose 10 Maple St. For: A Variance from Section 440-602 and 440 Attachment # 3 of the Zoning Ordinance for the development of a lot having 57.19’ of frontage & lot width (instead of 100 feet) and 10,587 sq. ft. of lot area and dry area (instead of 15,000 sq. ft. of lot area & 11,250 sq. ft. of dry area) on premises situated at 10 Maple Street, property I.D. 65-92-0). For the petitioner: Atty. William Rosa, Wynn & Wynn, 90 New State Highway, Raynham, Ma. In favor: None Opposition: None Atty. Rosa stated the request is to allow a lot to have 57 feet of frontage and less than the required 15,000 sq. ft. The property was purchased by Harry Rose in 1925 and since 2 1940 this lot has been shown as a separate lot and in 1983 it was surveyed again and shown as a separate lot of which the petitioner purchased it in 1992. This parcel is one of the largest lots in the area. There is sufficient lot area, not side setback variances will be needed and there is plenty of parking. Essentially they are going back to what the lot was. Flavia Alves, 4 Pine St. showed up think they were taking her property. The Board explained it to her and she said she was confused and now after listening has no issues. Chairman Ackerman read dept. comments from the City Planner, Engineer, Conservation Commission, and Water Dept. It was asked if they would connect to city sewer and they said they will. Motion made and seconded to grant as presented. Vote: Staples,Moniz, Berube, Ackerman,Arbour ........ ...Yes. Petition granted Case # 3511 Cabral 161 Alfred Lord Blvd. For: A Variance from Section 440 Attachment # 3 of the Zoning Ordinance for the construction of a 30’ x 30’ garage having a 3 foot side setback (instead of 15 feet ) For the Petitioner: David Cabral, 161 Alfred Lord Blvd., Taunton, Ma. In Favor: 5 letters from abutter Opposition: None Mr. Cabral explains how he wants to construct a 30’ x 30’ garage with breezeway to the existing house. Chairman Ackerman asked why and he said to store a couple of antiques cars. Sara thinks the request is reasonable. Wayne stated Mr. Cabral is an excellent mechanic and he agrees on keeping the antiques cars protected. No one opposed. 5 letters from abutters in favor. Chairman Ackerman read letters from the City Engineer, City Planner, Conservation Commission, B.O.H. and Water Dept. Motion made and seconded as Presented: Vote: Staples, Moniz, Berube, Ackerman, Arbour. ....Yes. Petition granted Case #3512 Aspen Prop. Dev. LLC 52 Washington St. For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance for the development of a lot having 9,846 sq .ft. of lot area & dry area (instead of 15,000 sq. ft. nd 11,250 sq. ft. dry area) for the construction of a 3 family use in the Office District. For the Petitioner: Chris Moniz, Aspen Prop. Dev. LLC, 60 Court St, Taunton, Ma. In Favor: None Opposition: Raymond & Stanley Sidor, 55 Washington St., Taunton, Ma. Chris states this is the site of the former furniture store and has had many issues with police and fire. They were initially under the impression the lot was grandfathered and 3 received a Special Permit from the Planning Board for a 3 family use. However it was discovered after the lot size was smaller than what was on the plans and now requires a variance for lot size and dry area for a 3 family dwelling. The petitioner purchased the property from the City at auction. Chris stated a triplex style home will remain in harmony with the neighborhood. Chris stated out of the 20 houses in the neighborhood 19 are multi-family dwellings. He submitted an architectural rendering of what it would look like. Chris stated they could put a commercial building up but they feel a residential would be better . He’s aware of the City Engineer’s letter relative to the curb cuts and they will be providing a turnaround on the plans per the planning board approval. Chris stated the house will be on a slab and will connect to city water & sewer. The drainage will be a subservice infiltration system. There will be no drainage going into the city’s drainage system. Wayne asked if they went to the Planning Board for a Special Permit already? Chris answers yes and then after it was discovered the square footage was incorrect on the plans so now they need a variance. Chris stated they have built similar house on Staples Avenue and it was successful. Chris said in the Planning Board decision there is a condition for fencing for neighbor. Chairman Ackerman read letters from the City Planner, Conservation Commission, Engineer, and B.O.H. into the record. Letter from Raymond & Stanley Sidor, 55 Washington St. opposed. Chris said it was the same letter they sent to the Planning Board. Chris said the Planning Board approval also required a turnaround on the property. Motion made and seconded to Grant as Presented: Vote: Moniz, Berube, Ackerman, Arbour, Staples. ....Yes. Petition granted Meeting adjourned at 7:07 PM 4 5 - 6 OTHER BUSINESS: 7