Zoning Board of Appeals

MINUTES ZONING BOARD OF APPEALS October 26, 2023 at 6:00 PM at 15 Summer St- City Hall Members Present: Dennis Ackerman, Seth Turner, Steve Vieira, Craig Faria, George Moniz, Scott Rodrigues and John Joyce. Meeting opens at 6:03PM Chairman Ackerman asked for a moment of silence for the devastation going on in the Mideast and Israel. 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. Chairman Ackerman asked if any board member has any conflict on any cases. Case # 3367 – mod. Eastside Prop. Dev. Burt St. Map 61,Lot 11 For: A modification of Case # 3367 to remove Lot 3 from condition #2 - relative to the No Cut Zone starting at a distance of 450 feet back from the front property line unless a septic system must be placed in that area on premises situated on Burt St., Map 61, Lot 11 Request to withdraw petition. Motion made and seconded to grant request and allow petition to be withdrawn without prejudice. Vote: Turner, Joyce, Moniz, Vieira, Ackerman…..Yes. Petition withdrawn without prejudice. Case # 3740 O P Real Estate LLC 176 Highland St. & prop. I.D. 76-369 For: 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) Request to withdraw petition. Motion made and seconded to grant the request and allow petition to be withdrawn without prejudice. Vote: Vieira, Joyce, Ackerman, Moniz, Turner……Yes Petition withdrawn Case # 3749 DeSousa 73 Orchard St. For: A Special Permit from Section 440-503 of the Zoning Ordinance to allow a 26’ x 40’ addition to a non-conforming structure. 1 For the Petitioner: Atty. Alan Medeiros, 4 Court St., Taunton, Ma. In favor: Rodney Taylor, 789 Whittenton St., Taunton, Ma. Robert Fay, 22 Lynnbrook Ave., Taunton, Ma. Opposed: None Paul & Sandra DeSousa was invited into the enclosure. They are here tonight to be able to put an addition on the house for room for their expanding family. Chairman Ackerman read dept. letters from City Planner, Conservation Commission, Engineer, Water Dept., B.O.H and Fire Dept. It was asked if there is sewer and it was answered yes. Public Input: No one in favor or Opposed. Motion made and seconded to grant as presented: . Vote: Turner, Ackerman, Joyce, Vieira, Moniz …Yes Petition Granted Documents used as part of the hearing were: Dept. comments from City Planner, Conservation Commission, Engineer, Water Dept., B.O.H and Fire Dept. Plans submitted by Landmark Engineering of New England, Inc. Case # 3748 Frizado 102 Longwood Ave. For: A Variance from Section 440-602 and a Special Permit from Section 440 Attachment #1 of the Zoning Ordinance to allow a living unit above the existing garage resulting in two houses on one lot and a two-family use in an Industrial District . For the Petitioner: Atty. Alan Medeiros, 4 Court St., Taunton, Ma. In favor: Rodney Taylor, 789 Whittenton St., Taunton, Ma. Robert Fay, 22 Lynnbrook Ave., Taunton, Ma. Opposed: None Dept. letters were read into the record from City Planner, Conservation Commission, Engineer, Water Dept, B.O.H, and Fire Dept. Atty. Medeiros stated is client Mr. Frizado has a detached garage and essentially empty space above it. The hardship is if he attached the garage to the house it would be considered an accessory dwelling unit. The living unit will be for his son & grandson to live. Chairman Ackerman stated he drove by because someone called the office to say there was a lot stuff and he only saw a trailer and pickup truck. Mr. Frizado stated he wasn’t home and Chairman Ackerman stated he went out around 12:30 – 1pm. He stated he has a storage van and that is where everything is stored. George asked where is the van kept and Mr. Frizado answers it stays in garage. The property is located off Whittenton Street and is a dead end. George stated it will be for petitioner’s son & grandson to live and it was answered yes. Is there sewer and water and it was answered yes. Public Input: Rodney Taylor, 789 Whittenton St. is in favor, the property abuts the condos and it will be consistent with the 2 condos. He has no issues with it. Robert Fay, 22 Lynnbrook Ave. has lived there 20 years and he has no issues. Petitioner has always been a good neighbor. Steve asked the petitioner is he would continue to be a good neighbor and he answers yes. Mr. Frizado stated the garage is up he pulled a permit and is weather tight. Motion made and seconded to grant as presented: Vote: Turner, Ackerman, Joyce, Vieira, Moniz…..Yes Documents used as part of the hearing were: Dept. comments from City Planner, Conservation Commission, Engineer, Water Dept., B.O.H. and Fire Dept. Plans submitted by Hayward Boynton & Williams Meeting adjourned at: 6:19 PM 3