Zoning Board of Appeals

MINUTES CITY OF TAUNTON ZONING BOARD OF APPEALS February 13, 2020 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, Craig Faria, and Scott Rodrigues. Meeting opens at 6:01 PM 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 no going back and forth. You need 4 votes to pass. Chairman Ackerman stated he has been working with Ed Correira, Chief of Staff and City Councilor Chris Coute in going over the permitting process and he thinks it would be helpful to change our meeting date to the end of the month. This will result in a reduction of time (due to deadlines) for developers who are required to go to both the ZBA and Planning Board for site plan review or special permits. Chairman Ackerman recommends the Board switch their meeting from the 2nd Thursday to the 4th Thursday or last Thursday of the month. After some discussion it was agreed it would be the 4th Thursday of the month. Steve made motion to move the ZBA meetings from the 2nd Thursday of the month to the 4th Thursday of the month (unless it’s a holiday) to take effect in May. Seconded by George. All in favor. Case# 3530 Wessels 16 Brook St. For: A variance from Section 440 Attachment #3 of the Zoning Ordinance to allow a 17’ x 22’ garage having a 1.5’ rear and 14’ side setback (instead of 20’ rear setback & 15’ side setback) and the 10 x 10 shed having a 4 foot side setback (instead of 7.5’) For the Petitioner: Scott Wessels, 16 Brook St., Taunton, Ma. In favor: None Opposed: None Mr. Wessels stated he wishes to construct a 17’ x 22’ one garage single story garage. He has a one car garage now and he wants to build another one and re-located the existing shed. Steve asked what size and he answered 17 z 22 one level garage, no second floor. Chairman Ackerman stated it would be basically similar to the rear setback now. He has no issues with it. No one appearing in favor or opposed. Chairman Ackerman read letters from the City Planner, Conservation Commission, Water, Fire, Engineer and B.O.H. into the record. 1 Motion made and seconded to grant as presented as a one-story garage. Ackerman, Berube,Vieira, Faria, Moniz.. ……YES Petition granted Case# 3531 Huerth 19 Spring St. For: To Amend Variance from Section 8.17 and Special Permit from Section 12 and 13 of the Zoning ordinance of the decision of ZBA Case # 1383 dated April 16, 1987 by removing condition #4 restricting the use of the property to elderly housing and allow the apartments to be rented to individuals of all ages. For the Petitioner: Atty. Edmund Brennan, One Church Green, Taunton, Ma. Carolyn Huerth, Huerth Consulting LLC. In favor: None Opposed: None Atty. Brennan said they are here tonight because they need to remove a condition from ZBA case that was granted in 1987. The decision stated the housing complex is approved for the elderly. However; the premises has been occupied for some time to all age residents. The current owner purchased the property in 1997 and it has been occupied by people of all ages. They are in the process of selling and the petitioner is proposing to buy it and allow people of all ages to live there. She has substantial background and have done some project in the past. Atty. Brennan stated originally the building was the old tack & nail place and in 1986 it was converted to apartments. The current owners knew the original owners and inherited the property. Currently there are people of all ages living there, including small families. The petitioner has been to 3 banks and all say they won’t finance if it has age restriction. They conducted a study and there is only 3% of the population of the age of 55 years of age. If the Board voted to remove the age restrict it will allow the petitioner to move forward and revitalize the property. She is proposing to spend 1.4 million in renovations. Carolyn Huerth stated she wanted to differentiate the building from others. She has done some work in Quincy and that has been very successful. She is proposing to do a massive rehab including new doors, new paint of trim, re-point brick, restripe parking lot, new flower boxes, new grass common area, with pavers and fire pit. The inside improvements include new carpet in hallways, new door casings, new bathrooms and kitchen with porcelain and marble counters. She is proposing to add 5 more 2 bedroom units. Wayne asked if there are any children living there and she answered yes small families are there now. George asked what the rent would be and she answers market rate would be $1,100 per month. Steve complimented her on her presentation. She stated she spoke to the Housing Authority and there is a year waiting list housing. She stated she would accept subsidized housing vouchers. She stated there will be no project it there is an age restriction. Mike suggesting switching showers for tubs in some units in case children are there. Wayne asked if there will be a manager that will live on site? Carolyn answers she will combine position of project manager/maintenance people on site in the office. She will be adding 2 air condition to the entire site. Atty. Berube appreciates her enthusiasm. He stated the building is tire now and once the renovations are done she will be filling a void for housing. They will need to go to the Council for removal of the age restriction on their approval. Carolyn brought some of the materials she will be using for renovations which including door panels, tile and trim. She is proposing engineered wood floors, adding islands to kitchen area, stainless steel fixtures, in-unit laundry. She worked on a project in Quincy, 215 Adams Street and cleaned up all the units. Her proposal will provide housing for a huge range of people. Her intention is to renovate 3-5 units at a time and allow people to stay if they want. Currently there are 3 vacant units now so she would start with them. The one-bedroom rent now if $900 and will increase to $1,100 . two-bedroom units are now $1,200 mo. and will increase to $1,400 month. She stated if she had to guess she has about 15% occupied by elderly. Dennis asked if she had a commitment from a bank and she said yes as long as there is no age restriction. Wayne asked out of the 46 units how many have 2 bedrooms. She answers 8 two-bedroom George stated she has some reputable people she is working with . No one appearing in favor or opposed. Chairman Ackerman read letters from the City Planner, Conservation Commission, Water, Fire, Engineer and B.O.H. into the record. Wayne stated this came in as repetitive petition and maybe the new evidence was the elderly element and satisfied the Board at that time. He complimented the petitioner on her wonderful presentation and agrees this will be a benefit to the neighborhood. Motion made and seconded to grant as presented with the following conditions: 1. Remove condition #4 of the ZBA Decision Case # 1383 which states the premises shall be used for elderly housing only and allow the building to be used by individuals by all ages. 2. The building consists of 46 units and out of the 46 units there shall be no more than 13 two-bedroom units. Ackerman, Berube,Vieira, Faria, Moniz.. ……YES Petition granted Case# 3532 Imperial Pools 90 John Hancock Rd. For: A Variance from Section 440-706 –G2 of the Zoning Ordinance to allow an additional 207 square feet of signage for a total of 507 square feet (combination of 2 façade signs) For the Petitioner: Poyant Signs, 125 Samuel Barnett Blvd., New Bedford, Ma. In favor: None Opposed: None The property is in the Industrial Park and on a corner lot with two driveways. They are proposing to have another façade sign. The second façade sign will be on the side of the building where the loading dock is. It will mimick the original sign. Chairman 3 Ackerman states it makes sense to have 2 signs. The second sign will be a painted finished with 2 color logo. No one appearing in favor or in opposition. Chairman Ackerman read the dept. comments from the City Planner, Conservation Commission, B.O.H, Fire Dept., Water Dept., City Engineer. Motion made and seconded to grant as presented as presented: Ackerman, Berube,Vieira, Faria, Moniz.. ……YES Petition granted Meeting adjourned at 7 PM 4