Zoning Board of Appeals

MINUTES ZONING BOARD OF APPEALS June 23, 2022 at 6:00 PM at 15 Summer St- City Hall Members Present: Dennis Ackerman, Steve Vieira, Wayne Berube, Craig Faria, Seth Turner, George Moniz and John Joyce. Meeting opens at 6:02 PM Chairman Ackerman explains the ZBA process. They hear presentation from petitioner, hear opposition and in favor and then go back to petitioner to answer any questions. They do not go back and forth. Steve made motion to accept minutes of May 19th meeting, seconded by Craig. All in favor. Case # 3626 – Requesting a 6-month extension – 27 Blinn’s Court Steve made motion to grant 6-month extension, seconded by Craig. All in favor. Case # 3664 Camara Worcester Street 35-82 For: A Variance from Section 440-602 and 440 Attachment # 3 of the Zoning Ordinance for the development of a lot having 125 feet of frontage & lot width (instead 150’ of frontage and 100’ of lot width) and 26,663 sq. ft. of lot area & dry area (instead of 60,000 sq. ft. lot area & 43,560 sq. ft. dry area) on premises on Worcester St. known as Prop. I.D. 35-82. For the Petitioner: Atty. Brianna Correira, 123 Broadway, Taunton, Ma. Josh Borden, Arthur Borden & Associates, Inc, 305 Broadway, Raynham, Ma. Opposition: None In favor: None Atty. Correira stated they are back tonight because the Board continued the last hearing and they have changed the proposal. They are now just asking to develop the lot along Worcester Street for one single family house. The lot is questions is compatible to the surrounding lots. Atty. Correira stated the lot was created in 1977 by a Form A under the old Suburban Residential District and then the zoning changed to Rural Residential and they did not build within the timeframe. The lot is identical to others in the area and the neighbor voiced their concerns last time if it was for one lot they would be in favor. Chairman Ackerman read dept. letters from the City Planner, Engineer, Conservation Commission, Water Dept. and B.O.H. into the record. No one appearing in favor or opposed. 1 Motion made and seconded to grant as presented; Vote: Ackerman, Berube, Moniz, Turner, Faria…..Yes Petition Granted Case # 3674 Rodrigues Chandler Ave., 54-459 For: A Special Permit from Section 440 Attachment #1 of the Zoning Ordinance for a three -family use in a Business District and a Variance from Section 440 Attachment #3 of the Zoning Ordinance for a 14 foot front yard setback from W. Adams St .and an 11 foot front setback from Chandler Ave. (instead of 25 feet) and a 6 foot side setback (instead of 15 feet) For the Petitioner: John DeSousa, NorthCounty Group, 4 Court St., Taunton, Ma. Opposition: None In favor: None John stated they were before the Board for a 4 unit building and a variance was granted then they went to the Conservation Commission and they wanted them to reduce the impact to the wetlands. They reduced the number of units from 4 to 3 units. By reducing the number of units the zoning changes relative to setbacks and now they need relief from front and side setbacks. Steve asked if this is next to the Self storage place and it was answered yes. John stated they will need to improve West Adams Street because that is their access. Wayne asked now they need variance for setbacks because they reduce the number of units and John answers yes. Chairman Ackerman read dept. letters from the City Planner, Engineer, Conservation Commission, Water Dept. and B.O.H. into the record. No one appearing in favor or opposed. Motion made and seconded to grant with dept. comments: 1. Strict compliance with Conservation Commission’s approval. 2. A Roadway Improvement Plan is required for West Adams Street to allow for two-way traffic and address any stormwater issues. 3. The property must be serviced by municipal water and sewer. All dwelling units must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. 4. City water is available for the proposed 4” ductile pipe to the existing 8” city water main on Chandler Avenue. 5. Plan are required and need to be submitted to DPW for the proposed water services, gate valves and curb stop for each property. 6. DPW Permits are required including, City licensed contractor, road opening and or trench. 7. DPW specifications apply including pressure testing, materials, installation, new water meter with an updated radio frequency unit, inspection and approval. 8. DPW specifications apply including any backflow devices must be inspected by the Plumber Inspector or City Inspector. 2  9. Prior notice is required before any City work is to be performed, and inspections will be required before backfilling. Vote: Ackerman, Berube, Moniz, Turner, Faria……….Yes Petition Granted Case # 3676 Chistolini Hart St., 93-222 for: A Variance from Section 440 Attachment #3 & Section 440-602 of the Zoning Ordinance for the construction of a duplex on a lot having 7,017. Sq. ft. of lot area & dry area (instead of 10,000 sq. ft. lot area & 8,000 sq. ft. of dry area) with 61.54 feet of frontage & lot width (instead of 75 feet) For the Petitioner: John DeSousa, NorthCounty Group, 4 Court St., Taunton, Ma. In favor: None Opposed: John & Lois Shaw, 80 Hart St., Taunton, Ma. Robert Baker & Mary O’Brien, 86 Hart St., Taunton, Ma. Jeremy Shaw, Trustee of 80 Hart St., Taunton, Ma. Sgt. Eric Stenstrom, 85 Hart St., Taunton, Ma. Petition signed by 38 abutters. John states the property has a P&S agreement. The lot was created off a plan from 1919 Central Park of which the lots were all one lot. John stated the former owner owned lots 8,9, and 10 and on lots 8 that is where the a house is. The 3 lots were held under common ownership. John stated Lighthouse Land Survey surveyed the property. The property is inundated with water and had an easement for a pipe for the drainage. John stated in 2006 the City installed a 10” plate pipe for the drainage and in 2016 they recreated Hart Street with putting asphalt, sewer but never upgraded the pipe. They replaced the catch basin but didn’t upgrade the pipe. Chairman Ackerman asked if in 2016 did they notify the City of the problem with the pipe? John stated he didn’t’ think they went to the City. The Board wanted to know why you just let the problem sit and now you want to come before the Board to build on this lot? Chairman Ackerman read dept. letters from the City Planner, Engineer, Conservation Commission, Water Dept. and B.O.H. into the record.. Wayne asked what is the hardship? John answers the lot was created prior to the 1954 zoning. Wayne stated you are asking to put a duplex on the lot and it still drains. John stated he spoke with his client and they wanted to change it to a single family home only. Wayne stated the lot is extremely small and it was created so long ago and he wasn’t in support of it. Chairman Ackerman stated one of the abutters included pictures of the flooding on the lot. John stated he’s aware of the flooding and but it’s due to the undersized pipe. Chairman Ackerman stated he would not vote for anything on this lot unless the flooding is corrected. Public Input: John & Lois Shaw 80 Hart St., stated there is no hardship. They were the ones who submitted the pictures. Robert Baker, 86 Hart St., also opposed. Sgt. Eric Stenstrom, 85 Hart St. also opposed. The drainage problem has been there for years and the remainder of the water goes onto this property. If developed the flooding will be increased. Opposed: Robert Baker, 86 3 Hart St, stated people used to swim in that lot. He submitted petition signed by 38 people and all are within a 3 minute walk. 80% of the people has sump pumps and the pipe is not tied into anything? Mary O’Brien, 86 Hart St., also opposed. Anything on that lot will be bad. John Shaw, 80 Hart St. stated that has flooded for 39 years. Lois Shaw, 80 Hart St., stated the picture show a lot of flooding. In 1983 this property was part of the Chistolini property. When his parents passed away they kept this piece. Jeremy Shaw, Trustee of 80 Hart St., opposed. Motion made and seconded to grant as presented with the following condition: 1. Single family dwelling as presented. Vote: Ackerman, Vieira, Berube, Faria, Turner……NO Petition Denied Case # 3677 Wessells Robert W. Boyden Road 18-43 A Variance from Section 440 Attachment #3 & Section 440-702 of the Zoning Ordinance for a side setback of 24 feet (instead of 35 feet) and a 10 foot front yard landscaping buffer (instead of 20 feet) and a 5 foot side yard landscaping buffer (instead of 40 feet) For the Petitioner: Scott Wessells, 34 Robert W. Boyden Rd., Taunton, Ma. Josh Borden, Arthur Borden & Associates ,LLC, 305 Broadway, Raynham, Ma. Opposition: None In favor: None Josh states they are here tonight for a setback variance and landscaping buffer requirements. This is due to the wetlands and river they are restricted to where they can build. This the best design while staying away from the wetlands. Chairman Ackerman stated he’s happy to see this site being occupied in that it’s just outside the Industrial Park. Chairman Ackerman read dept .letters from the City Planner, Engineer, Conservation Commission, Water Dept, and B.O.H. into the record. No one appearing in favor of opposed. Motion made and seconded to grant as presented; Vote: Ackerman, Berube, Vieira, Turner, Faria…..Yes Petition granted Georg asked if the Board is going to take a month off in summer and it was answered they will keep to the schedule. Next meeting will be July 28th at 6 PM Meeting adjourned at 6:50 PM 4