Zoning Board of Appeals

MINUTES ZONING BOARD OF APPEALS December 15, 2022 at 6:00 PM at 15 Summer St- City Hall Members Present: Dennis Ackerman, Wayne Berube, Steve Vieira, Seth Turner, and George Moniz 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. Wayne stated he thought it would be a good idea if someone files a case under an LLC they should identify who the players are in the LLC or Trust. He thought it would be more transparent. The process now is very vague. Motion made and seconded to have anyone who files under a LLC they need to identify who names are on the LLC. All in favor. Case # 3653 – 199 Hodges St. Requesting a 6-month extension. Motion made and seconded to grant 6-month extension. Vote: Moniz, Berube, Ackerman, Vieira, Turner…..Yes Case 6-month extension granted 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’) Petitioner is requesting to withdraw without prejudice. Chairman Ackerman stated this case was before the Board a couple of times and he suggests allow them to withdraw with prejudice. They can’t come back for 2 years and hoping they will know what they want to do. Motion made and seconded to allow the petition to be withdraw with prejudice. Vote: Moniz, Berube, Ackerman, Turner, Vieira……Yes. Case # 3701 Soares 49 Weir St. 66-566, & prop. I.D. 66-567 A Variance from Section 440-704 & and Section 440 attachment # 3 of the Zoning Ordinance to allow a mixed use building with an 18 unit group residence on the 2nd & 3rd floors (instead of the 10 units max allowed) in conjunction with a restaurant and pawn shop on first floor, and the use of municipal parking lot for parking (instead of providing 18 spaces on site) Request to continue to February meeting. Motion made and seconded to grant continuance to February 2023. 1 Vote: Ackerman, Berube, Turner, Vieira, Moniz…..Yes Continued to Feb. 23, 2023 Case # 3699 Lambert 248 Hart St & prop. I.D 94-135 For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow a gazebo with a 1.8 foot side setback (instead of 15 feet) For the Petitioner: George Lambert, 248 Hart St., Taunton, Ma. In favor: None Opposed: None Mr. Lambert stated he’s here tonight to renew the variance that was granted last year but expired. He unfortunately thought it was good for 2 years. Now they have buyer and need to get the variance renewed. Steve stated they put condition on last approval for a singe family only. Mr. Lambert states that is ok. It was asked if this was the exact same case. No changes. Mr. Lambert said the only change is now he has a buyer. Dept. comments were read into the record from City Planner, Cons. Comm., Water, Eng. B.O.H and Fire Dept. Public Input: No one in opposition or in favor. Motion made and seconded to grant with the following condition: 1. Single family only on Lot 2. Vote: Ackerman, Berube, Moniz, Vieira, Turner ….Yes Petition Granted Case # 3702 788 Boston Road LLC Myricks St. 138-11 For: A Variance from Section 440 Attachment # 2 and Section 440-702 of the Zoning Ordinance to allow a 83,775 sq. ft. warehouse/storage use and 900 sq. ft of incidental office use and a 13 foot rear landscaped buffer (instead of 40’) in the Rural Residential District. . For the Petitioner: Micky Higgins, 788 Boston Road LLC, 280 Ayer Rd., Harvard, Ma. Ken Motta, Field Eng. Co., P.O. Box 1178, Mattapoisett, Ma. In favor: John Mastera, 9 Birch Ave., E. Taunton, Ma. had some questions Doug Dumas, 10 Birch Ave., E. Taunton, Ma. Mr. Higgins states his legal representative will not be able to make it due to illness. He is the sole owner of the LLC and he is proposing a self-storage facility so his son can run it. This property is across from the Star Drive-In eating establishment and he purchased it from St.Yves. They are seeking a use variance because this property is in the Rural Residential District. They are seeking a variance for the reduction of the landscaping buffer on the north west boundary line. Ken Motta gave overall review of property. 2 They feel the landscaping buffer can be reduced because it’s along the open space and wetlands. Every effort was made to fit this building footprint and have vital emergency access between buildings. They will have the maximum landscaping buffer along Myricks Street. George asked if there will be vegetation and it was answered they will have shrub and low line trees within the interior. George asked if there was enough room for fire truck and Ken said yes. They have designed this similar to that of 595 Winthrop St. storage facility. They will have two-way traffic in between buildings. It was pointed out that very rarely will you have 2 people at once in the travel lane. Ken explained the drainage. George asked f they tried a fire truck on the property and Ken stated they ran the model analysis and it does work. Steve stated that the parking for these type of business under zoning ordinance require more parking that what is actually needed. The number of trips to the facility is minimal. It was reported they have been to the Conservation Commission and will need P.B. SPR if approved by this Board. Dept. comments were read into the record from City Planner, Cons.Comm., Water, Eng. B.O.H and Fire Dept. Public Input: no one in opposition or in favor. John Mastera, 9 Birch Ave. wanted to know how the reduced landscaping this will affect his property. It was explained there will be some landscaping next to the big open space and wetlands area. Doug Dumas, 10 Birch Ave. stated he lives on the south side of the cul-de-sac and he spoke with Mr. Higgins and the last thing they need is another DD. He likes the proposal because it’s low impact business in a quiet neighborhood. He thinks it will not be a detriment to the neighborhood. He won’t be able to see it through the woods. He has seen some other projects Mr. Higgins has done and he keeps his sites well maintained. He stated the 20 feet in between building is enough room for truck to maneuver. He stated of all the potential uses that could go in there he’s thankful it’s one like this. It was asked what are the hours of operation? M. Higgins stated he was thinking 9-5 staffed and 5-9 card lock system. There was discussion and it was suggested it coul be open longer and let him decided when it’s manned. Mr. Higgins stated it’s a famil owned business and his son will be managing it. It was suggested 5 AM too 9 PM daily. Let him decide when he wants it manned. This will allow people to go before work if they need to. Motion made and seconded to grant with the following condition: 1. Hours of operation: 5 AM – 9 PM 7 days a week. Vote: Ackerman, Berube, Moniz, Vieira, Turner….Yes Petition granted. Case # 3703 Rajipo, LLC 96 Oak St. For: A Special Permit from Section 440-503 (D) and a Variance from Section 440-702 of the Zoning Ordinance to allow an extension of a non-conforming structure by adding a triplex (3 family) to the existing non-conforming structure (convenience store) and a waiver of the front & side landscaping buffer requirements. For the Petitioner: John DeSousa, Northcounty Group, 4 Court St., Taunton, Ma. In favor: None 3 Opposed: None John states Ken Patel is the only owner of Rajio LLC. He bought the property a few years ago. They are proposing to add a residential use to the existing building. The manager wants to live in one of the units and they will have 2 other tenants. The property has about 19,000 sq. ft. with frontage on the west side and along Wales Street. The property is an odd ball shape and currently has a commercial building on it. It has frontage on two streets. They are proposing to place a 3 family in the back of the building which will access from Wales Street. They will have a 3 car garage and have 3 parking spaces. All setbacks will be met for a corner lot. The asphalt will be removed from the site and they will re-locate the dumpster. The neighborhood consists of single and multi-family dwellings. Girlie’s variety store has been there for many years and there is parking in front. There used to be a laundromat but hey since converted it to a convenience/liquor store. Wayne asked what is the hardship? John stated the shape of the lot with it being a pie shape. Wayne thinks it’ a small lot and to just to add aa 3 family to the commercial building will lot looks good. John stated he suggested to the petitioner to put 2 units above the flat part of the building and keep grass area along Wales Street. He thought it would be a better idea to add 2nd floor to the flat part of the roof than to add a 3 family addition to side of the building. Several board members thought that would be a better idea. John amended his proposal to 2 units to be added on top of the flat roof part of the building. Dept. comments were read into the record from City Planner, Cons. Comm., Water, Eng. B.O.H and Fire Dept. It was suggested putting some kind of landscaping/playground for the children in the grass area along Wales Street. Public Input: no one in opposition or in favor. Motion made and seconded to grant with the following conditions: 1. Provide a landscaping/playground area where the triplex was going to go along Wales Street 2. No further development of the property. The proposed 2 family will be constructed on top of the flat roof part of the building. No addition to footprint of the building. Vote: Ackerman, Berube, Moniz, Vieira, Turner ….Yes Petition Granted Case # 3700 Cabral 73 Fremont St. A Variance from Section 440-602 & Section 440 attachment # 3 of the Zoning Ordinance for the division of a lot into two lots. Lot 1 having 30,063 sq. ft. (instead of 60,000 sq. ft.) Lot 2 having 30,039 sq. ft. (instead of 60,000 sq. ft) with 20 feet of lot width & frontage (instead of 150’ of frontage & 100’ of lot width) Chairman Ackerman states this case was not advertised and he asked the petitioner’s representative if they were going to request a continuance? John DeSousa, NorthCounty Group states his client does not want to continue. Chairman Ackerman stated our next meeting will not be within the time frame to act on this proposal. So this will be granted 4 by default. John DeSousa says the Board cannot hear it because it wasn’t advertised. The Secretary informed the Board the legal ad was never sent to the Gazette and she informed the Board they could schedule a special meeting to hear this case. The Board did not want to do that. Chairman Ackerman stated the petition will be granted by default. The secretary informed the Board that there were abutters who inquired about this and they were informed the case won’t be heard because it wasn’t properly advertised and it would probably be continued to next month. Chairman Ackerman suggests changing the way the legal ads are sent to the Gazette. He wants the Secretary or ZBA staff to send them to Gazette and bill applicant. The secretary explained the current process. She sends the legal ad to the applicant and they forward it to the Gazette and they pay for it. This is the first time in 25 years that this has happened. Chairman Ackerman stated if the applicant does not put the legal ad in paper or pay for it it’s on them. John D. stated other cities and towns sends the legal ad in and they proof it and then the applicant is responsible for payment. If they don’t pay then that’s ground for denial. It’s on them. The Secretary re-iterated the Board could schedule a meeting before our next meeting to act within the timeframe. The Board chose not to do this. Several board members states it’s a good thing this didn’t’ happen on a bigger case with detriment impact. John D. stated they still need to go to the Planning Board for a Form J – waiver of frontage- which is a public hearing. George made motion to change the process of how the way the legals ads are done and require the ZBA secretary or staff to forward them to the Gazette and bill the petitioner. Seconded by Steve. All in favor. Meeting adjourned at 7:26 PM 5