Zoning Board of Appeals

MINUTES ZONING BOARD OF APPEALS August 24, 2023 at 6:00 PM at 15 Summer St- City Hall Members Present: Dennis Ackerman, Seth Turner, Steve Vieira, and George Moniz John Joyce, and Scott Rodrigues Meeting opens at 6:01 PM Steve made motion to accept July 27, 2023 minutes, seconded by George. All in favor. Chairman Ackerman had a moment of silence for Wayne Berube, ZBA member who passed on Aug. 4th. 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. Meeting in Executive Session to review appeal filed with the Superior Court entitled Subzero Property LLC vs. ZBA (Docket No. 2373CV00319) Motion made and seconded to go into Executive Session: Vieira, Turner, Moniz, Joyce, Rodrigues, Ackerman….Yes Came out of executive session at 6:34 PM. Chairman Ackerman stated no votes were taken. Minutes of Case # 3733 Alliance Residential Co. N.E. 1141 County St. Meeting held on Aug. 24, 2023 For a Variance from Section 440-1707 (o) of the Zoning Ordinance to allow relief whereby an applicant when creating 5 or more dwelling units, must provide a detailed affordable report and provide 10% affordable units if the ZBA determines the number of affordable units is below the percentage required under MGL c.408.on premises at 1141 County St., Taunton, Ma. For the Petitioner: Michael Boujoulian, Alliance Realty Partners, LLC, Sean Henry, Alliance Realty Partners, LLC Greg Arsenault, Development Analysist Atty. Gregg Cosimi, Choate Hill Stewart, 2 International Place, Boston, Ma. In favor: Estele Borges, 63 Ashland St., Taunton, Ma. 1  Bruce Thomas, 48 Church Green, Taunton, Ma. Jay Pateakos, EOCD Director, 15 Summer St., Taunton, Ma. Letter from Mayor Shaunna O’Connell, 15 Summer St, Taunton, Ma. Letter from Chamber of Commerce, 170 Dean St., Taunton, Ma. Letter from Councilor Jefftey Postell, 15 Summer St., Taunton, Ma Letter from Richard Shafer, Shafer Development Services Opposed: Cheryl Monteiro, 55 Debra Dr., Taunton, Ma William & Kathleen Olson, 294 Plain St., Taunton, Ma. Sergio Monteiro & Jennifer Arabie, 45 Debra Dr., Taunton, Ma. Chairman Ackerman stated he has a dilemma. Due to the unexpected death of ZBA member Wayne Berube we will need to determine who is a voting member on this case. John was present last month and he would like to keep John on the case. However’ he stated he spoke to the other member who was not present and if they review video of meeting and read minutes they can vote on it. Chairman Ackerman stated he talked to the City Solicitor and was told it was up to him to pick who will sit on case. Steve stated in the past if any member was absent and they reviewed video and minutes they can vote. Steve indicated this has been the past practice and he thinks they allow Craig to vote on this case. Atty. Cosmi conveyed his condolences to the Board on the loss ZBA member Wayne Berube. He went on record allowing Craig to be voting member since he has reviewed the tape and minutes of meeting. Atty. Cosmi also conveyed his condolences to the Board on the loss of Wayne. He stated changes occurred at the Planning Board meeting and they now have building 2 will be 3 stories on one side. The neighbor’s primary concern is the visual impacts. They have agreed to re-locate 14 units and not sure where they will go. The P.B.also put some landscaping requirments in their approval. Michael asfter last meeting the Chairman was going to speak to the Economic Development Director and he would love to hear what they had to say? Chairman Ackerman was informed after the hearing by City Solicitor Matt Costa that they he should not meet with the EOCD director because everything has to be in open meeting. Chairman Ackerman also check with his personal attorney and he agreed. He was told that anything that was discussed had to be in open session. So he said no negotiations were done. Steve said the city is in dire need for affordable units. Craig asked where will be 14 units be relocated? Mike stated they are not sure, they might have to take some anemeties out. George stated he watched the P.B. meeting and he said you can transplant 40 foot trees and he asked what is the reason why they don’t want to provide screening for neighbors. Mike stated the P.B. requirements is for 25 foot tall trees. Scott stated he agrees there is a severe lack of affordable units in the City and he would hate to see this project rejected. He said that $600,000 is a significant amount of money they are proposing to give to the City. John stated they think the rents they said last month because the train is coming. John stated the area is not an area for affordable units. He thinks their donation is legitimate. If we lose the project it would be a shame. Seth stated this is a no brainer, it will bring taxes, create jobs and it will be a jump start o the area. He state the EOCD director said this is a good project. Chairman Ackerman read dept. comments from the City Planner, Conservation Commission, Engineer, Water Dept., B.O.H and Fire Dept, Mayor O’Connell, Councilor Jeff Postell, Richard Shafer 2 Development, Taunton Area of Chamber of Commerce. John stated between the last meeting and tonight he lost his sister and he wanted to disclose that his sister was a receiptant of monies contributed to the Affordable Trust Fund. As a single mom she was provided some monies to help with house improvements. If it weren’t for those monies she received as a single mom and with her diagnosis she would have not been able to do the improvements to her house. He just wanted to share his experience and show how the money they give out helps people. Chairman Ackerman conveyed his condolences to John. Chairman Ackerman stated they have required a wealthy developer to post $300,000 and there is a need for housing in our city. He asked where will the $600,000 go? Cheryl Monteiro, 55 Debra Drive stated her concerns were where will the 14 units be relocated, initially they were proposing 40 -60 tall trees and then at P.B. now it’s 25 foot tall trees. She asked what happens if its sold a year after it’s built? Steve answers the Board can’t restrict ownership. She has lived their 31 years and something that tall will impact them. She asked if the trees around the tracks is still happening. Mike B. stated the trees are part of the P.B. approval and they never said they were going to put 40-60 foot tall trees. Chairman Ackerman stated he brought that up at other meeting. Mike said the timing is everything. They do not want to open up another meeting and have to re-open permits and to back to city depts.. Steve asked Mike B if they will be selling the project? Mike B. stated gave the breakdown of what they have to go through and he said they won’t own it forever. Chairman Ackerman stated a one- time payment of $600,000 for the removal of actually building the 28 affordable units. The ZBA did not create the 10% ordinance. They can do the project without our approval. Chairman Ackerman stated fact 1 is that he asked for a proforma and he didn’t get that. So he built a preform on his own. It was presented at the P.B & ZBA that the rent for a 1 BR is $2,500 and 2 BR is $3,000 with an average of $2,750.. If you charge $1,539 for a 1BR, $1,840 for 2BR and divide that in half it’s $1,690 and that most likely will be increased. He figures you will get $29,680 each month based on today’s rates. You take $29,680 x 12 months + $356, 1260 per year. It’s a windfall at today’s money. With an 6.5 % increase you will make about 5 million. Chairman Ackerman pointed out %356,160 for 5 years = 1 million, 10 years you will make 3 million, 15 years you will make 5 million, 20 years you will make 7 million years, and 30 years you will make 10 million. He quoted monthly rents at $2,750 x 275 units = $756,250 x 12 months. You will gross 9.75 million. He stated over a period of time you will make 139 million. He stated they can build without the waiver and City gets the extra money. He recommends 2.2 or 2.3 million as their contribution. He stated realistically they will make over 10 million in 3 years. Chairman Ackerman stated they had Bruce Thomas contribute ½ million dollar for Hart/County Street improvements. He mentioned another developer who put restaurant in contributed more than that. Chairman Ackerman stated they knew the rules & regs of which the ZBA didn’t make. Chairman Ackerman stated the City is getting short changed and he has to let the Board and residents know. He stated this Board is not stopping the project all the figures came from them. Steve stated he would not support the $600.000 contribution because there is a dire need of affordable units. Chairman Ackerman said they are offering $600,000 they should add 1 million to that. If the project is that tight as they claim then maybe they shouldn’t build it. As part of his past experience and knowledge as a developer, City Planner he agrees with all the other board members but he had all the facts. He stated it looks like 3 members were not going 3 to vote for the $600,000. John suggest a recess and see if they want to discuss it. Mike B. stated it’s within the Board’s perview to put a number out. Mike B. stated there was a little misconception of the steps they had to go through.. For the past 2 years they have been working with the City and State to get to this stage. They have worked with the Economic Development, Mayor’s Office and the original request didn’t include a variance request. He stated he knew the rules but the world changed and honestly the truth is they ran the number and all that is left is $600,000. He stated everyone treated him in good faith and he stated the $600,000 is not an arbitrarily number. He’s passionate about affordable units and he’s not haggling in not giving the proforma. He stated his spread sheets are very dynantic and over 30 pages. He comes here in front of the Board with a honest offer and in good faith. He said there will be no project if we have to add money to our number. If you vote not then you have an unviable parcel. Mike B. points out the Chairman’s figures are off in that he didn’t include any expenses in his calculation. They are so far from reality and unfair. Chairman Ackerman pointed out he asked for the proforma and he wasn’t give it so he had to do his own estimate. Chairman Ackerman stated they can withdraw . Mike B. just wanted to point out the Chairman’s numbers are not accurate, they didn’t include all the expenses like salaries, taxes, services (Landscaping, etc) He stated he told the truth to the Board and he’s offended that they thinks he’s not being honest. Chairman Ackerman pointed out at the P.B. meeting Mike Monteiro picked up a comment about him not caring about the Taunton area. George said they are spending a lot of money and contributing $2 million is not a lot George stated it’s almost as if you are handcuffing us. John stated the taxes will go up. Seth made motion to approve as presented with the $600,000 contribution with waiving 28 affordable units, seconded by Craig. Vote: Ackerman, Vieira, Moniz….No Faria, Turner, Yes Motion does not pass. Steve suggest having a 5 minute recess to allow the developer to have a discussion with his team. Seconded by George. Recess at 7:55 PM - out of recess at 8:01 PM John stated the number the Chairman threw out didn’t include expenses. He said $750,000 - $800,000 is a reasonable increase. Steve stated he would vote no if it’s less than 1.8 million. Craig and Seth suggests 1.2 million. Chairman Ackerman stated during his anaylsis did include water & sewer from County St. Chairman Ackerman suggests 1.6 million or continue the project. Steve made motion, seconded by Craig to approve with the following conditions 1. The applicant shall contribute 1.6 million dollars to the Affordable Housing Trust prior to the issuance of a building permit. This is in lieu of providing 28 affordable units. 2. A portion of building #2 (north side) shall be reduced to 3 stories and those 14 units shall be re-located to other buildings. 4  3. Provide a playground area for younger children. 4. Plant 24 trees that are a minimum of 25 feet tall in place of the 24 trees being proposed on the northern side of Building #2. Condition could be waived at a future meeting (March 2024 or after) if petitioner proves they cannot locate them or that they will not survive (it was stated this would be a minor change and the Zoning Board would waive and the approval would revert back to the original plantings as presented on plans.) Vote: Turner, Ackerman, Faria, Vieira, Moniz …Yes Petition granted Case # 3733 Portman Holdings 2 & 8 Galleria Mall Drive ( a.k.a. prop.I.D.126-5, 118-41, 118-39 and 118-8) For: A Variance from Section 440 Attachment # 3 of the Zoning Ordinance to allow the development of 4 warehouse buildings (totaling 1,082,780 sq. ft.) to be a maximum of 55 feet in height for buildings 1,2,3 and 47 feet in height for building 4 (instead of the maximum 40 feet) in the Business District. For the Petitioner: Devin Howe, P.E. Beals & Associates, 2 Park Plaza, Ste 200, Boston, Ma In favor: None Opposed: None Devin explained this is the former Silver City Galleria Mall site. They received zoning approval but that has expired. Chairman Ackerman read dept. comments from the City Planner, Conservation Commission, Engineer, Water Dept., B.O.H and Fire Dept. The original request was 2 buildings at a certain height and 2 buildings another height. This request is to have buildings 1,2,3 have a max. height of 55 feet and building 4 be 47 feet in heights. The mall buildings have been taken down and they have removed the foundations. He stated they received P.B Site Plan Review in 2021 and Conservation Commission. They have 148 acres with 61 acres of impervious area. There are wetlands surrounded by all sides. The market is changing. Devin stated there is a slight change in the loading docks from last time. Chairman Ackerman stated he wants this to be developed and thinks the change is docks is a minor change. Scott asked if there were any conditions on old ZBA decision. Chairman Ackerman read the last decisions and suggests including them into this decision. Public Input: no one in favor or opposed. Motion made and seconded to grant as presented with the following conditions: 1. Building #1 and Building #2, and #3 not to exceed 55 feet in height. 2 Building #4 not to exceed 47 feet in height. 3. No Trash/Waste Transfer Station or Recycling Business allowed on the site. 5  4 Hour of Operation during construction Only – Monday – Friday 7AM – 7PM, Saturday 8AM – 5PM, No construction on Sunday. In the event work hours needed to be extended they must contact the DPW and they can issue a waiver. Once the buildings are weather tight they can work inside without restrictions. 5 It is recommended construction trucks and anyone hauling debris use highways Rte. 140 & Rte. 24 and not County Street during construction. 6. Provide dust control for the site during construction Vote: Turner, Ackerman, Faria, Vieira, Joyce …Yes Petition granted Case # 3739 Torres 920 Somerset Ave. For: A Variance from Section 440 Attachment # 3 of the Zoning Ordinance for the division of one lot into two lots. Lot A having 5,118 sq. ft. of lot area & dry area (instead of 10,000 sq .ft. lot area and 8,000 sq. ft. dry area) with a 8 foot front setback from Greystone St. (instead of 25’) and a 22 foot front setback from Lawton St. (instead of 25’) and a 12 foot setback from the northeasterly sideline (instead of 15’) and Lot B having 3,985 sq. ft. of lot area & dry area (instead of 10,000 sq. ft. and 8,000 sq. ft.) Requesting a continuance to NOV. 16TH meeting Motion made and seconded to continue to Nov.16th. Vote: Ackerman, Faria, Turner, Moniz…..Yes Vieira…………………………………No Petition continue to Nov. 16, 2023 Case # 3740 O P Real Estate , LLC 176 Highland St. & prop. I.D. 76-369 or: A Variance from Section 440-602, Section 440 Attachment # 3 and a Special Permit from Section 440 Attachment #1 of the Zoning Ordinance to allow the addition of 4 condo units behind the existing home resulting in 5 residential units on a lot having 33,662 sq. ft. of lot area & dry area (instead of 43,560 sq. ft. dry area & lot area) and 80 feet of frontage & lot width (instead of 100 feet) Atty. Robert Pellegrini Requesting a continuance to next month. Motion made and seconded to grant continuance to next month. Vote: Ackerman, Faria, Turner, Vieira, Moniz…Yes Petition continued to Sept. 28, 2023 Case # 3741 12 Porter Street Dev. ,LLC 10 -18 Porter St., (aka parcels 65-220, 65-219, 65-221, 65-208 and 65-209. For: A Variance from 440 Attachment # 3, Section 440-1001 and Section 440-702 to allow a front setback of 10’ (instead of 25’) a rear setback of 15’ (instead of 20’) a distance of 20’ between buildings 1 and 4 (instead of 52.5’ ) and a distance of 10’ between buildings 1 and 3 (instead of 52.5’) and a 4 foot side landscaped buffer (instead 6 of 15’ ) and a 3 foot rear landscaped buffer (instead of 15’) on premises situated at 10-18 Porter St., (aka parcels 65-220, 65-219, 65-221, 65-208 and 65-209. For the Petitioner: Atty. Edmund Brennan, 174 Dean St. Taunton, Ma. Amanda Langler, Site Designer Hannah Cassidy, CEO, 12 Porter St. Dev. LLC, 12 Porter St., Taunton, Ma. In favor: Petition signed by 16 abutters in favor. Opposed: None At this time Hannah disclosed that the Christine Clymens was part of the LLC but they have since taken her name off and now their daughter Maggie is on LLC. Christine Clymens has no dealings with the LLC as she is now the City Treasurer. Atty. Brennan stated this is the MM Rhodes property which was in business in the 1880’s which makes it’s a historic site. The property is run down and they are proposing to rejuvenate the site. They will maintain 2 of the buildings on site and take rest down. They will be adding 3 new buildings. They are here tonight to seek dimensional variance along with distance between buildings and reduction of the landscaped buffer requirements. The distance between buildings differ due to the height of the buildings. They are proposing 28 units which need Municipal Council approval. Because this is a brownfields site they are eligible to ask for 6 additional units. Steve said they have done major improvements to the site and he commends them. He asked about any snow storage and play area? They pointed out they are provide playground but it’s abuts the railroad tracks. It was noted there will be a fence. They will re-purpose the brick wall with the bricks from the buildings. Chairman Ackerman has no issues with the project and he asks they addressed the fire dept. comments about raised islands. It was noted the island is flush. They went before the historic commission last year and they will be required to place a small historic placque and keep the smoke stack. They will be offering 12 rental units at market rate. It was asked why don’t they offer it as affordable and it was answers they are using private funds. It was asked if there are any use restrictions and it was answered no. They cleaned up the entire site. It was asked how long will it takes to building and Hannah answers hopefully in 2 years she will a resident. John asked if there is 2 entrances and it was answers yes. Craig asked if they will be town house and it was answers yes some will be and other will be rentals. Chairman Ackerman read dept. comments from the City Planner, Conservation Commission, Engineer, Water Dept., B.O.H and Fire Dept. Petition signed by 16 abutters in favor. Steve made motion to grant as presented, seconded by Seth: Vote: Turner, Ackerman, Faria, Vieira, Joyce …Yes Petition granted 7 Other Business: Discussion on Waiver/reduction of filing fees No update Meeting adjourned at: 8:50 PM 8