Zoning Board of Appeals

MINUTES ZONING BOARD OF APPEALS August 27, 2020 at 6:00 PM (held virtually via Zoom) Members Present roll call:: Dennis Ackerman, Wayne Berube, Craig Faria, George Moniz and Scott Rodrigues. Meeting opens at 6:01 PM Chairman Ackerman read statement: “Tonight’s Zoning Board of Appeals” meeting is being conducted remotely consistent with Gov. Bakers Exec. Orders due to the current State of Emergency in the CW. In order to mitigate the transmission of the COVID-19 virus, we have been advised and directed by the CW to suspend public gatherings, and as such, the meetings in a publicly accessible physical location. Accommodations for public access have been made via livestreaming, and this meeting is also being recorded. This evening there is also a public hearing. Anyone wishing to make a public comments can call 774-406-5261 when we get to that portion of the hearing.” The Settlement – Comp Permit – request for release of all surety & recommendation for street acceptance Joe Malloch stated they are asking for monies to be released for the lots that have been released and built. They are not looking to release any lots at this time just the money the City is holding. Chairman Ackerman read letters from the City Planner, Engineer, B.O.H., Water Dept., Conservation Commission, and Outside Consultant Peter Williams, from GZA. Joe stated the City Planner and Engineer are recommending denial because they thought the request is to release all monies plus all lots. Joe stated they are just looking for the release of the $27,000. All the City departments signed off with the exception of the City Planner & City Engineer. They know they have to construct a portion a section of Mustang Drive that will be the access for the last 10 lots which are still under covenant. Motion made and seconded to release the money $27,000 only. All in favor. 1 Case #3548 Bourdeau Davis St. prop. I.D. 53, lots 302 & 313 For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow 2 lots not serviced by municipal water & sewer: Lot A having 120’ of frontage (instead of 125) with 14,400 sq. ft. of lot area & dry area (instead of 30,000 sq. ft. lot area & 22,500 sq. ft. dry area) and Lot B having 120 of frontage (instead of 125’) and 15,531 sq. ft. of lot area & dry area (instead of 30,000 sq. ft. lot area & 22,500 sq. ft. dry area) for property located on the east side of Tremont Avenue and west side of Davis Street known as Assessors Map 53, lots 302 & 313. For the Petitioner: Brad Fitzgerald, P.E., SFG Associates, Inc., 28 Main St., Lakeville, Ma. In favor: petition signed by 9 abutters in favor. Opposed: None Brad stated they continued last month so Wayne could go out and view the property. Wayne stated they continued because he has not seen the property and he has gone out and is very pleased with the proposal and finds the proposal fits into the neighborhood. He stated it’s in the Urban Residential District but due to no sewer they are required to meet the SRD requirements. No one else has any questions Public Input: No one in favor or opposed. Motion made and seconded to grant with the following condition: 1. Single family house only. Vote: Berube, Faria, Rodrigues, Moniz, Ackerman…Yes Petition granted. Case #3552 Cabral 83 First St For: A Special Permit from Section 440-503 of the Zoning Ordinance for the expansion of a pre-existing non-conforming structure by allowing the proposed addition to be 7.2 feet (instead of 15 feet) & a Variance from Section 440 Attachment #3 for a side setback of 11 feet (instead of 15 feet) for the proposed garage. For the Petitioner: Spencer Lynds, Prime Eng. Co. In favor: None Opposed: None Spencer states he is representing petitioner Mike Cabral and he is proposing an addition to the house and a detached garage which needs zoning approval for setbacks. He states there is little room to put a meaningful addition and the house is much closer than the proposed addition. If they had to meet setback the garage would be in the middle of the lot. They have wetlands and they have been in contact with Conservation Commission They may be downsizing the garage after going to the Conservation Commission. Spencer stated they may need to move the garage and the Secretary informed him if he 2 moved it any closer to the property line they would need to re-advertise. He stated he didn’t think it would go any closer to the sideline but maybe move it forward. It was asked if there is sewer here and he didn’t’ know. Spencer asked for a continuance to see what the Conservation Commission says. Motion made and seconded to continue to next month. Vote; Berube, Faria, Rodrigues, Moniz, Ackerman….Yes Petition continued Case #3553 Warwick 16 Pratt St. For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow a 12’ x 5’ deck having a 14’5” setback instead of 15 feet. For the Petitioner: Deborah Warwick, 227 Lakeview Ave., Taunton, Ma. In favor: None Opposed: None Ms. Warwick stated the purchased the property and after a survey was conducted they found out the deck did not meet the side setback. Chairman Ackerman read dept. comments from the City Planner, Engineer, B.O.H., Conservation Commission and water dept. into the record. Public Input: no on in favor or opposed. Motion made and seconded to grant as Presented: Vote; Berube, Faria, Rodrigues, Moniz, Ackerman….Yes Petition granted Case #3554 Pereira 3 Winthrop Lane For: A variance from Section 440 attachment #3 of the Zoning Ordinance for the division of one lot into two lots with Lot B having 8,616 sq. ft. of upland and lot area (instead of required 11,250 sq. ft. and 15,000 sq. ft. of lot area) For the Petitioner: Karen Patneaude, P.E., Earth Services Corp., 198 Crane Ave. So. Taunton, Ma. In favor: Antonio Bairos, P.O. Box 1136, Taunton, Ma. Opposed: None Karen stated this property is located on Winthrop Lane and the petitioner’s parents owned the property since 1987 and in 2018 they put into a trust with their two sons as trustees. By deed the property contains 34,000 sq. ft. a portion of which is a 22 foot wide access easement for Winthrop Lane . Winthrop Lane has been in existence for nearly 100 years but never accepted by the City. Karen states due to the located of the existing house on the property it cannot be divided to meet all the requirements. They wish to 3 have their son Trevor construct a house on the new lot. They will need to go to the Planning Board for a Special Permit for a residential use in the HBD. The house will meeting all setback requirements. Winthrop Lane is a quiet road off Winthrop Street which has been approved for some development across the street from the Planning Board. Chairman Ackerman read dept. letters from the City Planner, B.O.H, Engineer, Water and Conservation Commission. Letter of support from Antonio Bairos. George asked if the new house lot would have 8,600 sq. ft. and the other lots would be a conforming lot and it was answered yes. Motion made and seconded to grant with the following conditions: 1. Single family only on each lot. 2. Lots must be serviced by municipal water & sewer Vote; Berube, Faria, Rodrigues, Moniz, Ackerman….Yes Petition granted Case #3555 Pereira 4 Couch St. For: A Variance from Section 440-602 and Section 440 Attachment #3 of the Zoning Ordinance to allow two dwellings on one lot; having 85 feet of frontage & lot width (instead of 100 feet) and a 10 foot side setback (instead of 15 feet) for the proposed 24’ x 28’ detached garage with apartment above. For the Petitioner: Conceicao Pereira, 4 Couch St., Taunton, Ma. In favor: None Opposed: Donald & Bridget Levesque, 2 Couch St., Taunton, Ma. Peter & Cheryl Moitoza, 47 W. Weir St., Taunton, Ma. Ms. Pereira stated she is proposing putting 2 dwellings on one lot because she wants to construct a garage with an apartment above. She stated the hardship is the narrowness of the lot and the Cobb Brook . She stated in 1904 her house and her neighbor’s Mr. Levesque’s house was owned by the same owner and they subdivided. She stated all 3 lots are very narrow with 100 feet of frontage. She stated the property is located in the URD and it’s outside of the scope to grant something like this. She stated the Board granted 2 cases prior like this. This will fit in to the neighborhood. Chairman Ackerman stated the City Planner’s letter suggests attaching the garage to the house and adding an accessory dwelling unit. It was also noted in the City Engineer’s letter about the 5 year moratorium on the recently paved roadway. Chairman Ackerman read dept. comments from the City Planner, City Engineer, Conservation Commission, B.O.H and Water into the record. Chairman Ackerman stated he dint’ think the Council will grant permission to tear up the road for one single family house, they generally would grant a permission for a major development, not for one home.? Wayne agrees that the garage should be moved and attach to the house. He doesn’t think the whole concept of an apartment above a garage is reasonable. He sees no hardship he see a typical lot in an established 4 subdivision. Ms. Pereira stated she can look at maybe attaching the garage to the house? There was discussion about having Ms. Pereira contact the DPW to see if what she is planning on doing will require tearing up the roadway? It was suggested continuing and giving her time to explore her options and contract the DPW. Ms. Pereira states she waives the time frame on which to act on this proposal. Motion made and seconded to grant a 3 month continuance. Vote: Ackerman, Berube, Faria, Moniz, Rodgrigues….Yes Petition continued. Case #3462-Mod. Riaan Realty Trust – Patel 342 Winthrop St. For A Special Permit from Section 440 attachment #2 of the Zoning Ordinance for the modification of the previous approval and allow the replacement of Chester Chicken Franchise within the convenience store to a Mexican fast food establishment with a drive- thru . For the Petitioner: John DeSousa, SeaCoast Consulting, LLC, 4 Court St., Taunton, Ma. In favor: None Opposed: None John stated they are here tonight because the drive-thru was approved for Chester ‘s Chicken and now they want to switch it to Mexican food. That is the only change .Chairman Ackerman read dept. letters from the City Planner, B.O.H, Engineer, Water and Conservation Commission. No one has any questions other than if it changes they would need to come back. Public Input: no one in favor or opposed. Motion made and seconded to grant with the following condition: 1. Drive-thru restricted to a Mexican type food restaurant and any change would need to return to the ZBA for approval. Vote; Berube, Faria, Rodrigues, Moniz, Ackerman….Yes Petition granted Case # 3556 Gaspar 490 Tremont St. For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance for the division of one lot into two lots; Lot 33A having 43,151 sq. ft. of lot area and dry area and lot 33B having 31,377 sq. ft. lot area and dry area (instead of req’d. 60,000 sq. ft. of lot area & 43,560 sq. ft. of dry area ) For the Petitioner: Karen Patneaude, P.E., Earth Services Corp., 198 Crane Ave. So. Taunton, Ma. In favor: Joseph Baptista, 33 Jocelyn Circle, Taunton, Ma. Opposed: Arlan Little & Eleni Papadopoulos, 108 Segregansett Rd., Taunton, Ma. Albert Lawrence, III, 111 Segregansett Rd., Taunton, Ma. 5  Betty Simmons, 13 Segregansett Rd., Taunton, Ma. Karen explains how they want to divide the lot into two lots. The lot is next to the subdivision Segregansett Estates and they were approved as a cluster development which has 30,000 sq. ft. The lots will be a little bigger than the surrounding lots in the neighboring subdivision. The owner is a single woman and the house at 490 Tremont St will be demolished because she doesn’t have the money to start from scratch. The size and shape is compatible to the area. Karen is aware of letters from neighbors in opposition. The developer did go around and speak to neighbors and did speak to the Papadopoulos and the developer did agree to providing a buffer but the neighbor submitted letter with major concerns and conditions. Chairman Ackerman read letters from the Albert Lawrnece & Betty Simmons, 11 & 13 Segreganset Rd.oppsed. Letters from City Planner, Conservation Commisison, Water Dept., Engineer, B.O.H., and letter of support from Joseph Baptista, Letter from Arlan Little & Eleni Papadopoulos, 108 Segregasett Rd opposed. Karen stated they met Papadopoulos and agreed to put a fence along the property line. Some of the opposition request are over the top. This builder will not disturb the neighbors and the construction of 2 homes is not a huge project. Maybe they could build one or and then the next. Across the street in regards to the wetland in reference to Betty Simmons letter. There might not be a wetland crossing. The cemetery is on it’s own separate lot and they will not disturb anything. George stated the request of the neighbor in opposition are a little unreasonable. He said they could ask for dust control maters, and limit the hours of operation. It will take at least 60 days to build a house and he thinks there could be some provisions for privacy. The Papadopoulos actually mows over the property line. Wayne asked where the fence would be going and Karen shows it on the plan about 400 feet. Karen said 400 feet of vinyl fence would cost about $40,000 and several members thought it would very expensive for fencing. Karen stated he thought the fence would be cedar. Public Input: Eleni Papadopoulos, 108 Segregansett Rd., Her concerns may be ridiculous to some but the existing home is about to come down and the trees that separates her lot are coming down. George says she wants a fence? Can it be vinyl because a chain link fence is not going to prevent anything from blowing into their property. Chairman Ackerman says vinyl fence is very expensive and she says so is her property. George said when they raise house they can have water on site and maintain the dust by hosing it down. She was concerned with her house because she just power washed her house. She asks about her privacy? Chairman Ackerman says they have a right to develop a lot. George says it’s going add value to the house. Arlan said Tony stopped by and we agreed on a wood fence and now if they put a chain link with bushes it‘s not going to fly. Chairman Ackerman stated they haven’t been informed by Mr.Bairos about the agreement. Karen hasn’t heard from Tony about the vinyl but she remembers cedar fence. Arlan stating they were mowing the lawn for her because the lady was elderly and she couldn’t take care of it. Karen stated Tony agreed to work with you. Chairman Ackerman stated they looked up vinyl fencing prices and it’s more like 8,000 - $10,000. Karen stated Tony said he would be ok with either a cedar or vinyl fence but only for the two properties not their entire property. The owners of the new lots will be responsible for the fencing. He has his mother in law living with them and she has is in the early stages of parkinsons. 6 Chairman Ackerman recommends hours of construction will be restricted. Discussion took place about hours of construction. Monday – Friday 8 – 5 pm, sat. 9-4 no Sundays. Motion made and seconded to grant with the following conditions: Condition #1) Single family only. Condition #2) That a 6 foot white vinyl fence be erected along the rear property lines of both lots (along the property line of 108 Segreganset Rd – a distance of 393. 69 feet) Condition #3) If municipal Sewer is not available, the lot would need to be able to construct an on-site septic system, with appropriate setback requirements and buffers in accordance with Title 5 regulations. If municipal water & sewer is available they would need to connect. The property will be serviced by municipal water. All dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. Condition #4) During Construction the contractor must practice dust control by having water on site. Condition #5) Hours of operation for construction: Monday – Friday 8 AM – 5 PM Saturday 9AM – 4 PM and no construction on Sunday. Vote; Berube, Faria, Rodrigues, Moniz, Ackerman….Yes Petition granted Case #3557 Gibbs Crane Ave.so. (29-1) For: A Variance from Section 440-602 & Section 440 Attachment #3 of the Zoning Ordinance for the division of one lot into two lots with each lot having 55 feet of frontage (instead of 150’) and 55 feet of lot width (instead of 100’) on premises situated on the westerly side of Crane Avenue South, Taunton, Ma. known as property I.D. 29-1-0 . For the Petitioner: Roy Delano, P.E. Lighthouse Engineer Co, 27 Jefferson St. Taunton, Ma. In favor: Henry Arsenault, Jr., 50 Highland St., Unit 52, Taunton, Ma. Opposed: Benjamin Rullo, 508 Crane Ave. So., Taunton, Ma. Lianne Mendonca, 505 Crane Ave. So. Taunton, Ma. The property consisted of cranberry bogs and they went to the Conservation Commission for a wetland crossing for an access road but that never was done since the cranberry business has declined. Now they are proposing to create 2 lots with each lot having over the required square footage but need variance for frontage and lot width. They will have a common driveway with an emergency turnaround that will meet the fire dept. regulations. The driveway will go where the access road is now and they will go some upgrades. George would like to see the emergency turnaround a little bigger that what is being proposed. Roy stated a 16 foot wide with 2 feet shoulders is what is commonly used to accommodate fire trucks. Roy said they went by a recently approved one at Alfred Lord Blvd. He stated if they keep it at 16 feet it’s little impact on the wetlands. 7 George stated 2 vehicles cannot get by if it’s 16 feet wide. Roy stated they could put a couple of Pull off along the driveway. George would like it at least 18 feet wide. Wayne asked if the each individual driveway will be off of the common driveway and Roy answers yes. It was asked where the house placement would be and it was not sure but they would like to stay away from the wetlands. Chairman Ackerman read dept. letters from the City Planner, B.O.H, Engineer, Water and Conservation Commission Public Input; Letter of support from Henry Arsenault, and letter opposing from Benjamin Rullo, and Lianne Mendonca was read into the record. Benjamin Rullo called in and stated the 2 house lots would be directly behind him and he was concerned with traffic and noise, and property values. George suggesting putting plantings, or fencing. Mr. Rullo asked if they could put up 8 foot fence and Wayne stated never ask for 8 foot fencing. It was suggested putting 6 foot white vinyl fencing along the 2 properties along Crane Ave. south. Motion made and seconded to grant with the following conditions: Condition #1) The driveway must be a minimum of 18 feet wide. Condition #2) The turnaround for emergency vehicles must be a minimum of 25’ x 70’ Condition #3) A 6 foot vinyl fence to be erected along the rear property lines of 508 Crane Ave. South and 496 Crane Ave. South subject to the owner’s consent and subject to Conservation Commission approval. Condition #4) The shape factor calculation used must be provided. Vote: Berube, Faria, Rodrigues, Moniz, Ackerman….Yes Petition granted Case #3558 Property Solutions Partners, LLC James St. 39-193 For: A Variance from Section 440-602 & Section 440 Attachment #3 of the Zoning Ordinance to allow a single family dwelling on a lot having 7,200 sq. ft. of lot area and dry area (instead of 15,000 sq. ft. lot area & 11,250 sq. ft. dry area) 50 feet of frontage & lot width (instead of 100 feet) and a 13 foot side setback on both sides (instead of 15’) on premises situated on the north side of James Street, Taunton, Ma. known as property I.D. 39-193-0. For the Petitioner: Atty. Ryan Prophett, 180 Paramount Dr., Ste 1, Raynham, Ma. In favor: None Opposed: Miraslaw Orzelek, 14 James St., Taunton, Ma. Atty. Prophett stated they are proposing a 3 bedroom single family house on this lot. The property is between 14 & 18 James Street. All the lots in the area are smaller and don’t’ comply with today’s regulations. The house will be a small house and will be compatible to the area. Chairman Ackerman read dept. letters from the City Planner, B.O.H, Engineer, Water and Conservation Commission. Public Input: no one in favor or opposed. 8 It was asked if it would be a single family and Eddy Johnson, builder answered yes. He’s proposing a 24 x 34 2 story colonial style home with a farmer’s porch. Public Input: Miroslaw Orzelek, owns 14 James Street and thinks the lot is too small. He stated the lot is not even half the requirement size. He stated he owns a 3 family next door and he doesn’t want his tenants looking at a single family right next door. It was asked how big is hi property and Mr. Orzelek said he didn’t know. Atty. Prophett answers his property is about 8,200 sq. ft. and had a 3 family on it. Chairman Ackerman pointed out he had a non-conforming lot with a 3 family on it and he’s worried about a single family going in next door. It was sked about the location of the drive and it was unsure where it would be going. Motion made and seconded to grant with the following conditions: 1. Restricted to single family dwelling. Vote; Berube, Faria, Rodrigues, Moniz, Ackerman….Yes Petition granted Meeting adjourned at 8:44 PM 9