Zoning Board of Appeals

MINUTES ZONING BOARD OF APPEALS October 27, 2022 at 6:00 PM at 15 Summer St- City Hall Members Present: Dennis Ackerman, Wayne Berube, Seth Turner, George Moniz and John Joyce. Meeting opens at 6:05 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 September 22, 2022 meeting, seconded by Seth. All in favor. Cont’d Case # 3684 The McCaffrey Family Irrev. Trust Brookside Ave. 110-115 For: A Variance from Section 440-602 & Section 440 Attachment #3 of the Zoning Ordinance for the development of a lot having 0 feet of frontage (instead of 125’) having access via a 14 foot wide driveway from 36 Liberty Street and 0 feet of lot width (instead of 100’) REQUESTING 2 MONTH EXTENSION Steve made motion to grant 2 month extension, seconded by George. All in favor. Petition continued to Dec. 15th Case# 3690 Dooley 242 School St. 47-225 and prop. I.D. 47-226 and 47-227 A Variance from Section 440 Attachment .#3 of the Zoning Ordinance to allow three lots to be divided into two lots with both lots having 7,500 sq. ft. of lot area & dry area (instead of 10,000 sq. ft. lot area and 8,000 dry area ) for the construction of a 2 family dwelling Lot 2.) REQUESTING A CONTINUNACE TO NOVEMBER 17TH, DUE TO SCHEDULING CONFLICT Steve made motion to grant continuance to next month, seconded by George. All in favor. Petition continued to Nov.17th. 1 Case # 3691 Artesani & Moniz 19 Oaklawn Ave. For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow a sideline setback of 12 feet 7 inches (instead of 15 feet) For the Petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma. In favor: None Opposed: Jean Silvia, 6 Whitsborough St., Taunton, Ma. Atty. Rounds stated the petitioner has built 2 houses 19 & 25 Oaklawn Ave. (25 Oaklawn is next case) and after house was completed they submitted an As-Built plan to the city and it was discovered the side steps do not meet setback. The deck/landing does but the steps do not. They removed the set of stair and received a cert. of occupancy because they have 2 means of egresses. But they want to use the side entrance so they will need variance to put stairs back. Atty. Rounds stated the petitioner is the abutter (next case) They would prefer to receive variance that be made to take down the side entrance. Chairman Ackerman stated he hopes the 3rd house lot complies. Jean Silvia, 6 Whitsborough St., stated she appeared before the board when they received approval for the house lots and now they are here again. Dept. comments from City Planner, Water, Conservation Commission, and B.O.H. were read into the record. Motion made and seconded to grant as presented: Vote: Ackerman, Berube, Moniz, Vieira, Turner ….Yes Petition Granted Case # 3692 Artesani &Moniz 25 Oaklawn Ave. For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow a sideline setback of 12 feet 3 inches (instead of 15 feet) For the Petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma. In favor: Opposed: Jean Silvia, 6 Whitsborough St., Taunton, Ma. Atty. Rounds stated the petitioner has built 2 houses 19 (previous case) and 25 Oaklawn Ave. and after house was completed they submitted an As-Built plan to the city and it was discovered the side steps do not meet setback. The deck/landing does but the steps do not. They removed the set of stair and received a cert. of occupancy because they have 2 means of egresses. But they want to use the side entrance so they will need variance to put stairs back. Atty. Rounds stated the petitioner is the abutter (next case) They would prefer to receive variance that be made to take down the side entrance. Chairman Ackerman stated he hopes the 3rd house lot complies. Jean Silvia, 6 Whitsborough St., stated she appeared before the board when they received approval for 2 the house lots and now they are here again. Dept. comments from City Planner, Water, Conservation Commission, and B.O.H. were read into the record. Motion made and seconded to grant as presented: Vote: Ackerman, Berube, Moniz, Vieira, Turner ….Yes Petition Granted Case # 3693 112 Tremont St. Photo News LLC 112 Tremont St. For: A Special Permit from Section 440-503 of the Zoning Ordinance for the expansion of a pre-existing non-conforming structuring by allowing a second story addition resulting in an increase in non-conforming front, side and rear setbacks for the use as a single family use with the existing office use For the petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma. In favor: None Opposed: None Atty. Rounds states the property has always been used for commercial uses . The proposal is to add 2nd floor addition to the bigger portion of the bldg. to a residential use. They have 6 parking spaces. The proposal will be more compatible. George thought the whole neighborhood was multi-families. Atty. Rounds states thee are single family and mult-families. George asked if they were going up and Atty. Rounds answers yes adding a second floor addition. John asked what type of office/? Atty. Rounds answers the current owner has a marketing office and he will continue to be there. There will be no storage, retail and it will not be a new business. Public Input; no one in favor or opposed. Dept. comments from City Planner, Water, Conservation Commission, Fire, and B.O.H. were read into the record. Motion made and seconded to grant as presented: Vote: Ackerman, Berube, Moniz, Vieira, Turner ….Yes Petition Granted Case # 3694 JLJ, LLC 122 Winter St. (Prop. I.D. 56-1) and Prop. I.D 48-49, 48-50, 56-2 For: A Variance from Section 440 Attachment # 3 of the Zoning Ordinance to allow a four-story mixed used building (instead of the allowed three stories) with 36 residential units and 1 commercial office . 3 For: A variance from Section 440 Attachment #3 of the Zoning Ordinance to allow a four-story mixed use building (instead of 3 stories allowed) with 36 residential units and 1 commercial office space. For the Petitioner: NorthCounty Group, 4 Court St., Taunton, Ma. In favor: None Opposed: None Chairman Ackerman stated the applicant is requesting a waiver of the filing fees since they were here a few months ago. John stated the way they interpreted the zoning it is a 3 story and the City Planner interprets it as 4 stories. They are under the 40 foot height . So they just need one variance for number of stories. George made motion to waive the filing fee, seconded by Seth. All in favor. The first story is a parking garage and the residential units will be on the 3 other stories. Other than the stories, this is the same as presented previously. Dept. comments from City Planner, Water, Conservation Commission, Fire, and B.O.H. were read into the record. Motion made and seconded to grant as presented: Vote: Ackerman, Berube, Moniz, .Vieira, Turner ….Yes Petition Granted Meeting adjourned at 6:29 PM 4 OTHER BUSINESS: 5