Zoning Board of Appeals

MINUTES ZONING BOARD OF APPEALS September 24, 2020 at 6:00 PM (held virtually via Zoom) Members Present roll call:: Dennis Ackerman, Wayne Berube, Craig Faria, George Moniz, Michael Staples, 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.” Chairman Ackerman suggesting canceling the October meeting and hopefully in November we can meet in person. Motion made and seconded to cancel October meeting and next meeting will be November 19, 2020 . All in favor. The Settlement – Comp Permit – recommendation for street acceptance – Arabian Drive, Appaloosa Way, Shetland Rd, Colt Circle and Mustang Drive (section east of Arabian Dr. Joe Malloch stated all the lots on the roads they are seeking acceptance has been released. The Board released the monies last month and now need to forward a recommendation to the Municipal Council for acceptance. Wayne asked if all dept. signed off and it was noted yes all but Planner and Engineer. Joe explained they are only seeking street acceptance for the roads that have been developed. He pointed out they are only accepting part of Mustang Dr. because those lots have not been developed and roadway is not constructed. Motion made and seconded forward a positive recommendation for street acceptance on the above mentioned streets. All in favor. Cont’d. 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 1 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. Letter requesting a continuance. Motion made and seconded to grant continuance. Vote: Berube, Vieira, Moniz, Faria, Ackerman….Yes Petition continued Case # 3560 Pedro 1151 Norton Ave. An Appeal of the Zoning Enforcement Officer ‘s letter for citing violation of the Zoning Ordinance - Section 440 Attachment 2 – for an outdoor recreation center for volleyball training and events. Letter requesting to withdraw request. Chairman Ackerman stated the applicant will be seeking a Special Permit with P.B. Since she did not advertise in paper she is seeking refund of filing fee. Motion made and seconded to grant petitioner to withdraw without prejudice and refund of filing fee. Vote: Ackerman, Moniz, Faria, Berube, Vieira …Yes Case #3546 Partners Choice Prop. LLC 170 Hart St. For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance for the construction of two new duplex buildings on a lot having 41,679 sq. ft. of lot area and dry area (instead of 43,560 sq. ft. lot area and dry area with a side line setback of 11.3’ (instead of 15 feet) For the Petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma. In favor: None Opposed: Corinna Martel, 175 Hart St., Taunton, Ma. Atty. Rounds stated the original request was to build 2 new duplex style homes and the petitioner wishes to amend the request to build one triplex dwelling resulting in 5 units on the lot (instead of the originally proposed 6 units) Chairman Ackerman read letters from the City Planner, Water, Conservation Commission, B.O.H. and Corinna Martel opposed. Atty. Rounds stated this was scheduled a few months ago and the applicant had a single family and obtained a building permit for a conversion of a two-family dwelling. The project stopped and the contractors abandoned the premises and left the place a mess which has since been cleaned up. The property is greater than 30,000 sq. ft. but not the required 43,560 sq.ft. of which they need. The property is oddly shaped like an upside down “L”. There is a great big area in the back that can accommodate the triplex building but still needs zoning approval. John DeSousa showed new plans showing a triplex building in back of the existing two-family dwelling. Since they changed it to a triplex there is no need for a sideline setback variance. Atty. Rounds stated due to the size and shape of the lot the only area being used is in the front. They are proposing to put 2 multifamily dwellings in an area that has them already, like Pilgrim Village and Barnside condos. Chairman Ackerman asked if they need to put sprinklers and John DeSousa answers yes. Atty. Rounds stated they need to go to Council for Special Permit and then Site Plan Review with Planning Board if approved. Steve asked if these would be condos or apartments? Atty. Rounds answers they will be rental units that is what the plan is now. The applicant will be maintaining ownership. Chairman Ackerman stated he liked the idea of 2 buildings on the property. It was suggested adding a few more parking spaces for visitors. John stated he could do that. Atty. Rounds stated this proposal is a much better plan. Public Input: No one called in opposition or in favor. Motion made and seconded to grant as amended with the following condition: 1. Provide 14 parking spaces on site. Vote; Berube, Faria, Vieira, Moniz, Ackerman….Yes Petition granted: Case # 3547 Binda 60 Old Colony Ave. 96-29, 96-30, & 96-31 For: A Variance from Section 440 Attachment #3 & 440-602 of the Zoning Ordinance for the re-configuration of 3 lots into 2 lots. Lot A having 14,035 sq. ft. (instead of 30,000 sq. ft.) with 10,147 sq. ft. dry area (instead of 22,500 sq. ft.) with 70.24’of frontage (instead of 125’) lot width of 66’ (instead of 100’) and a shape factor of 39 (instead of 35) Lot B having 12,018 sq. ft. & dry area (instead of 30,000 sq. ft. & 22,500 sq. ft. dry area) 70 ‘of frontage (instead of 125’) and 68’ of lot width (instead of 100’) on premises situated at 60 Old Colony Avenue 96-29, and property I.D. 96-30 and property I.D. 96-31. For the Petitioner: Mike Binda, P.O. Box 435, Taunton, Ma In favor: 24 residents in favor. Opposed: None The proposal is for a 28 x 28 single family dwelling on the new lot. Mike explained the breakdown of the lot sizes in the area. He also submitted 24 letters of support. The property consisted of 3 lots and have merged for zoning purposes. He stated Veolia showed sewer stub and there is already a curb cut. Chairman Ackerman read dept. letters from the City Engineer, Water, Conservation Commission, City Planner and B.O.H into the record. Wayne asked if he was proposing a separate driveway for the new house and it was answered yes. The existing house is located close to the front property line. He will be doing some minor work to that and he will be removing the garage. It was asked how many bedrooms in the new house? Mike answers he is proposing 3 bedroom house. Wayne asked if he started yet and he answered no. Scott asked if it will be owner occupied and Mike answers yes he will be living there. He has good tenants in the existing house. Wayne asked if he would be back for further division of the lot and Mike answers no. Public Input: no one in favor or opposed. Motion made and seconded to grant as presented with the following conditions: 3  1. No further subdivision of lots Vote; Berube, Faria, Vieira, Moniz, Ackerman….Yes Petition granted Case # 3559 Jorge 3 Barnum St. For A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow the existing 2 family dwelling to be razed and replaced with a new duplex dwelling on a lot having 4,787 sq. ft. of lot area & dry area (instead of 15,000 sq. ft. lot area & 11,250 sq. ft. dry area) with a 5 foot front setback (instead of 25’) and a rear setback of 8.5 feet (instead of 20 ‘) For the Petitioner: Joshua Jorge, 3 Barnum St., Taunton, Ma. In favor: None Opposed: None Mr. Jorge stated he is requesting to replace the existing two family house with a new 2 family duplex style home. The new house is 3 bedroom, 2 ½ baths 2 story building. The existing house is set close to the front property line and he would be tearing down and replacing it with a new house that will be a little more compliant to the setbacks requirements. The parcel is a pre-existing non-confirming lot having 4,787 sq. ft.. Mr. Jorge stated he had professional look at the house to assess how he could possibly replace the existing house and informed he would have to take it down piece by piece repair and put it back piece by piece . He stated it’s that bad because the house is old. He would like to bring it all up to code and the only way to do tha tis to keep it as a two family owner occupied. Wayne asked if he lived here and he said yes along with his two sons. He is a truck driver and his two sons live there, one son is a EMT and the other son is fireman. Chairman Ackerman read dept. letters from the City Planner, Conservation Commission, Water, Engineer and B.O.H. Mike asked if he would be taking down the exiting garage and he answered yes. Mike pointed out the new house will take up less room as what is there now. Wayne asked how long has he owned this and Mr. Jorge answered since 2004 of which he bought it from his 90 years old grandmother. It was suggested he adjust the steps because it was pointed out by the City Engineer the steps don’t meet the setback of what was advertised... Steve states the lot is too small. Wayne stated the existing house is an old style up /down two family? Wayne asked why not put it back like that. Mr. Jorge answers he would rather put a new style home side by side so each of his sons can live there. Wayne asked if his sons were married and he said no but each would live on each side plus he would stay there too when he’s not on the road truck driving. He states wants his sons to be able to live in a nice place and this will eventually be theirs. He stated one son is a fireman in Norton and the other an EMT in Taunton. George stated the duplex style home fits better. Scott stated the new house will raise the value of the homes in the neighborhood. Wayne was impressed with Mr. Jorge’s personal and compassionate presentation. It was stated there is 2 parking spaces per unit and he could add more if needed. Public input: no one in opposition or in favor. 4 Motion made and seconded to grant as Presented: Vote; Berube, Faria, Moniz, Ackerman….Yes Vieira…………………………………… No Petition granted Case # 3561 Fifty Washington Street Assoc. LLC 50 Washington St.14-16 Park St. For: A Variance from Section 440-704 and 440 attachment 2 of the Zoning Ordinance to allow a self- storage facility in an Office District and a waiver of the parking requirement to 60 parking spaces on premises situated at 14-16 park Street and 50 Washington Street For the Petitioner: Atty. Daniel deAbreu, One Church Green, Taunton, Ma. Scott Carter, Fifty Washington Street Assoc. LLC, 57 Kilvert St.,Warwick,R.I. In favor: None Opposed: Stanley & Raymond Sidor, 55 Washington St., Taunton, Ma. Wayne asked Atty. deAbreu if this was the same proposal that the Board approved a few years ago. Atty. deAbreu answers yes and unfortunately it has expired so they need approval again. The Board approved it with a condition showing 60 parking spaces of which they have. They pushed the entrance further bask as requested by the Board. They did go to Site Plan Review but now need new zoning approval. Chairman Ackerman read dept. letters from the City Planner, Conservation Commission, B.O.H. ,Water and letter of opposition from Stanley & Raymond Sidor, 55 Washington Street. Scott Carter stated they went through the Site Plan Review process in December 2019 and due to COVID and the bank put a hault to everything time passed and the zba approval expired. Chairman Ackerman asked if the demand for storage facilities are still high? Scott answers yes based on the studies they have conducted. Wayne remembers the applicant submitting a rendering of the building which was impressive. The Board didn’t have any questions. Public Input: No one in favor or opposed. Motion made and seconded to grant with the following conditions: 2. Hours of operation: 7:00 AM – 7:00 PM daily. 3. No storage of vehicles, boats, motorcycles and propane tanks allowed. 4. Maximum number of storage units shall not exceed 500. 5. The use shall be approved for self-storage use only showing a minimum of 60 parking spaces. 6. The Site Plan Review committee to address the possibility of moving entrance further back onto Park Street. Vote; Berube, Faria, Moniz, Vieira, Ackerman….Yes Petition granted 5 Case # 3562 DaSilva 8 Harrison St. For: A Variance from Section 440-709 of the Zoning Ordinance to allow a dwelling conversion from a single family to a two-family dwelling with 12,670 sq. ft. (instead of 15,000 sq. ft.) For the Petitioner: Atty. Edward Pietnik, 180 Paramount Dr., Raynham, Ma. In favor: None Opposed: None Atty. Pietnik stated they are requesting to go from a single family to a 2 family which is the same request as in 2012. Unfortunately the previous did complete what was required and the approval had expired. The new owner just wants to do the same thing. Chairman Ackerman read dept. letters from the City Planner, Conservation Commission, Water, Engineer, B. O. H into the record. Public Input: No one in favor or opposed. Motion made and seconded to grant as Presented Vote; Berube, Faria, Moniz, Vieira, Ackerman….Yes Petition granted Case # 3563 Rose 40 Wales St. For: A Special Permit from Section 440-503 of the Zoning Ordinance to allow the extension of a pre-existing non-conforming structure exceeding 10% with a 7.4ft side setback on one side, 7.8 ft setback to the other side and a 9.1 ft front setback to allow the construction of a second floor addition on a single family dwelling For the Petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma. In favor: None Opposed: None Atty. Rounds states they are requesting zoning relief to be able to expand a pre-existing non-conforming structure by adding a second floor to the single family house. The house will remain a single family. They are just adding more living space and revising the entry way. Chairman Ackerman read dept. letters from the City Planner, Water, Engineer, B.O.H, and Conservation Commission into the record. Public Input: no one in favor or opposed. Motion made and seconded to grant as Presented: Vote; Berube, Faria,Vieira, Moniz, Ackerman….Yes Petition granted 6 Case # 3564 Connors 944 Middleboro Ave. For: A Variance from Section 440-704 of the Zoning Ordinance to allow a 8ft. x 45ft trailer on the residential property. For the Petitioner: Jeffrey Connors, 944 Middleboro Ave. E. Taunton, Ma. In favor: None Opposed: Jenna Yurkins, 940 Middleboro Ave., E. Taunton, Ma. Mr. Connors stated he is here tonight to request zoning approval to have his 45 foot trailer remain on his property. He has moved it as he was unaware it was on an easement. The trailer has been on the property since 2007 and because a neighbor complained about it now he’s seeking zoning approval. Chairman Ackerman read dept. letters from the City Planner, Conservation Commission, Water, BOH and Engineer into the record. Also pics from Jenna Yurkins, 940 Middleboro Ave. opposed. Public input; She thinks the trailer is bigger that what he says. She has had several issues with the petitioner with threats and now he has moved the trailer to top of hill. She is concerned about property values. She accused them of staring at her when they are in trailer. She said he stores gas right next to the hay. Jeff answers the trailer is on the other side of her house and he moved it to get it off the easement. He doesn’t keep gas cans in trailers, he tries to keep to himself but this neighbor is constantly calling the Board of Health on him and when they come out they find nothing wrong. He stated no other neighbors complain about anything it’s just her. Ms. Yurkins stated since they moved there they have had a trailer and camper there. She thought someone was living the camper and filed a complaint and when they came out they found the trailer. George stated the petitioner moved it away from her house and she’s not satisfied. Wayne pointed out he moved it to an intrusive place trying to be a good neighbor. Mr. Connor stated every time his daughter is on horse they start their machinery to try and scare horse. George stated he feels bad for the petitioner because nothing they do will make neighbor happy. Wayne pointed out if the horse gets spooked by loud noise its very dangerous. No one else in favor or opposed. Motion made and seconded to grant as Presented: Vote; Berube, Faria, Vieira, Moniz, Ackerman….Yes Petition granted Meeting adjourned at 7:41 PM Next scheduled meeting is November 19, 2020 7