Zoning Board of Appeals

MINUTES ZONING BOARD OF APPEALS November 16, 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 6:031M 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. Steve made motion to accept minutes of 8-24-23, 9-28-23 and 10-26-23, seconded by George. All in favor. Case # 3690 – Request 6-month extension – 242 School St. Steve made motion to grant 6-month extension, seconded by Craig. All in favor. Meet in Executive Session with Law Dept. on Superior Court appeal – 210 Weir St. Motion made and seconded to go into Executive Session. Roll call: Turner, Faria, Vieira, Ackerman, Moniz, Joyce, Rodrigues…Yes No votes were taken in executive session. 6:31 PM Case # 3750 Smaller 93 Craven Ct. For: A Variance from Section 440-710 D of the Zoning Ordinance to allow an 1,203 sq. ft. accessory dwelling unit (over 850 sq. ft. max & over 30% total habitable area ) Requesting a Continuance to 12-28-23 due to advertising in the wrong paper Steve made motion to allow continuance and waive the continuance fee, seconded by George. All in favor. Case # 3752 GTE Taunton Realty, LLC 295 Broadway For: A Variance from Section 440-702 and Section 440 attachment #3 of the Zoning Ordinance to allow a maximum of 85% lot coverage in a Highway Business District (instead of 80% max.) and the elimination of Rear and North side landscaping buffer, and a reduction of front landscaping buffer from 10 feet to 1.8’ Letter requesting a continuance. Steve made motion to grant continuance to Dec. 28, 2023 meeting, seconded by George. All in favor. 1 Case # 3753 Albert Tucan TRS 295R Broadway For: A Variance from Section 440-702 of the Zoning Ordinance to allow the elimination of the south side yard and rear yard landscaping buffer requirement Letter requesting a continuance. Steve made motion to grant continuance to Dec. 28, 2023 meeting, seconded by George. All in favor. Case # 3754 Dias 1225 Somerset Ave. For: A Special Permit from Section 440 Attachment #1 of the Zoning Ordinance for a duplex in a Suburban Residential District on premises situated at 1225 Somerset Ave., Taunton, Ma. For the Petitioner: Brian Dunn, President, MBL Land Dev. & Permitting Corp., 5 Bristol Dr., Ste. 3 &4 So. Easton, Ma Tracy Duarte, P.E., MBL Land Dev. Permitting Corp., 5 Bristol Dr., Ste 3 & 4, So. Easton, Ma. In favor: Kaylynn Dias, 9 Dale St., Taunton, Ma. Crystal Cavanaugh, Realtor Opposed: Teresa Mello, 1224 Somerset Ave., Taunton, Ma. Chuck Reid, 90 Mello’s Farm Rd., Taunton, Ma. Ann Marie Gauvin, 1204 Somerset Ave., Taunton, Ma. Kimberly Marshall, 1195 Somerset Ave., Taunton, Ma. Petition signed by 50 abutters in opposition Tracy states the applicant is requesting a special permit for a duplex dwelling in the Suburban Residential District. Currently there is a 3 family on the premises. They are proposing to subdivide the property into two lots with the new lot having the duplex dwelling. Both lots meet all the zoning regulations and just need Special Permit for the use so they don’t need to show a hardship. The property contains 1.22 acres and there are 9 other multifamily dwellings along Somerset Avenue Tracy showed a rendering if a house that will have 1,500 sq. ft. with 3 bedroom, 2 ½ baths and 30 feet in height, 2 stories. They had the wetlands delineated and there won’t be any clearing of trees and will not encroach the wetlands resource area. They showed driving with turning radius showing 2 spaces per unit. There will be no backing out onto Somerset Ave and the existing buffer will be maintained. There is low impact with regards to the resource area. Chairman Ackerman asked what’s the frontage? It was answered one lot has 126 feet and other lot has 173 feet. He asked why are they have 2 separate driveways? Tracy answers to minimize disturbance and there is a utility pole. Brian D. stated the engineer doesn’t like having 2 separate driveway. Chairman Ackerman isn’t comfortable with the one driveway. He asked if they filed the Form A plan yet and it was answered no. He said the plans don’t have dimension and survey points. Tracy said they have survey notation but were waiting for file the Form A after this meeting if approved. No sense in filing it and recorded it if denied. Brian stated they didn’t stake out property lines. Chairman Ackerman stated he prefers to see the exact plans. He has gotten a lot of calls 2 on this proposal. George asked how far is the house from street and it was answered 55 feet. The existing house has 166 feet from street. George suggests pushing further back and Tracy said they would be an issue. George asked what the minimum dry area ? Tracy answers the lot size is 53,000 with 26,353 sq. ft. of dry area (minimum is 20,000 sq. ft.) The lot area is 2.5 times bigger than what is existing. The proposed 2 family goes with the neighborhood. Steve asked how old is the house? Kaylynn answers about 45 years old and it used to be a barn. Public Input: Kaylynn Dias, owner. She bought the house and put$100,000 into it, has 2 mortgages and with 7 children. She is trying to pay back mortgage and sell duplex. She may pay off mortgage or move there and keep family together. George stated she is thinking she would make more money if a 2 family. Public Input: Teresa Melo, 1224 Somerset Ave. stated she grew up in area and has lived there since 1973. Her parents did a lot of work to the house. Her dad passed away and she stated no one wants a duplex. She stated when she split her lot she made sure it was for a single family house only. She doesn’t want them to set a precedent and she pointed out if this is approved then others will be coming. She stated a single family house will fit in nice. They have had a lot of problems with traffic, kids safety at bus stop and visibility. There are so many issues in this area and to add another 2 family will add to it. Opposed: Chuck Reed, 90 Mello’s Farm Rd. Dave Gonsalves, 35 Mello’s Farm Rd., opposed agrees with Teresa. AnnMarie Gauvin, 1204 Somerset Ave. opposed, She can’t get into her driveway. She stated if petitioner is having hard time pay mortgage they will probably put more units in. Kim Marshall, 1195 Somerset Ave. opposed. She also agrees with Teresa and says the traffic & lighting is terrible. Crystal Cavanaugh, Realtor stated she’s speaking on behalf of owner, She has spoken to several buildings and it’s more valuable as a duplex lot. She stated the owner has put in $150,000 on fixing house up. She stated they don’t need zoning approval and Chairman Ackerman corrected her, they need SP for 2 family from ZBA. Chairman Ackerman read dept. letters were read into the record from City Planner, Conservation Commission, Engineer, Water Dept, B.O.H, and Fire Dept. George asked the owner if she would be living in the duplex? Ms. Dias answer she will either sell the existing house and buy duplex if she can afford it. Steve says that Brian’s presentation is that the pictures showed clearly demonstrates multifamily homes in the area and a duplex fits in the character of the neighborhood. Chairman Ackerman stated the voters sent a very strong message of how upset they are about the all the duplexes going up in City. Chairman Ackerman said he has gotten a lot of calls on this (almost as much as Deep Pond Farm). Motion made and seconded to grant as Presented: Vote: Ackerman, Vieira, Faria, Moniz …No Rodrigues………………… Yes Petition Denied 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 SFG Associates. 3 Case # 3755 McPherson 24 Greyock Ave & 64-99 For: A Variance from Section 440 Attachment #2 of the Zoning Ordinance for the division of one lot into two lots with one lot having the existing house (24 Greylock Ave) having 6,490 s. f. of lot area & dry area (instead of 10,000 s. f. lot area & 8,000 s. f. dryland) and allow the existing deck having a 10 foot sideline setback (instead of 15’) at 24 Greylock Avenue, Prop. I.D. 64-198 & 64-199) For the Petitioner: Brad Fitzgerald, SFG Associates, 28 Main St., Lakeville, Ma. Cheryl McPherson, 24 Greylock Ave., Taunton, Ma. In favor: None Opposed: Fay Silva & Artie Vieira, 17 Vinson St., Taunton, Ma. David & Amanda DaSilva, 6 Greenhill St., Taunton, Ma. Brad states they have an existing house and small garage to the side one lot. He showed the old assessor’s lots consisting of 4 small lots. He states the hardship is the angle in the road which results in a triangular lot. Chairman Ackerman stated the lots merged for zoning purposes. Brad stated most people don’t know about putting lots in different name to avoid merging for zoning purposes. They have been receiving separate tax bills all this time. They are requesting a variance for lot size and setback for existing deck. Chairman Ackerman stated there is no hardship in his opinion, the lot is rectangular. Brad stated the road angles and results in the lot being triangular. Steve says we don’t know what will be go on the conforming lot? Brad stated that lot will be a conforming lot which she intends sell, she had financial issues that this would help. She says he knows finances is not a hardship. He states the hardship is the angle of road which makes the lot triangular. Chairman Ackerman stated he would not be in favor of this. He drove down and saw school bus and he feel sorry for the families that live on this street. He is a not vote. John stated you want the Board to split the lot without knowing what will be built (single, duplex or triplex) He stated the citizens don’t want duplexes. John stated they would be better off showing what’s going on new lot. Public Input: Fay Silva, 17 Vinson St. stated she bought the house 10 year ago because it was a dead end. The main reason she bought because it was a nice quiet space. She stated the road is narrow and she is unhappy with all the duplexes going up all over the City. It was never meant to be house lots. David DaSilva, 6 Greenhill St. Also opposed. Behind them are busy families and it’s just an accident waiting to happen. There are houses popping up everywhere. Amanda Silva, 6 Greenhill St. states she has lived her for 7 years and in the last 6 years there has been 17 houses put up. She was born and raised her and doesn’t want to see more development. Arthur Vinson, 17 Vinson stated this is a dead end street. He is also opposed. Chairman Ackerman read dept. letters were read into the record from City Planner, Conservation Commission, Engineer, Water Dept, B.O.H, and Fire Dept. Motion made and seconded to grant with the following condition: 1. Single family house on new lot. 4 Vote: Turner, Ackerman, Faria, Vieira, Moniz …No Petition Denied 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 SFG Associates. 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.) For the Petitioner: Brad Fitzgerald, SFG Associates, 28 Main St., Lakeville, Ma. Joe Crowninshield, 25 E. Bay View Rd., Dennis, Ma. In favor: None Opposed: Alfred Collins, 924 Somerset Ave., Taunton, Ma. Brian Boscoe, 918 Somerset Ave., Taunton, Ma. Brad states there is an existing dwelling located on the lot. The lot is long and narrow and had frontage on 3 streets, Somerset Ave., Greystone S. and Lawton Street. They are proposing to divide the lot into two lots with one lot having 3,985 sq. ft. and the other lot with the existing house having 5,118 sq. ft. They will need variances for setbacks. Each unit will have their own driveway and be serviced by water & sewer. Chairman Ackerman asked what is the hardship? Brad answers the lot is long and narrow with frontage on 3 streets. Chairman Ackerman stated the entire lot as is in a non-conforming lot and he cannot support the proposal. It’s too small. He stated the voters of Taunton has had enough of the small lot and he cannot support this. Steve stated a grandfathered lot is 5,000 sq. ft. and this is under that. He will be voting no. John stated if a single family were proposed it would be better. He took stated the voters don’t want any more small lots with duplexes. Brad stated there are duplexes in the area. Public Input: Alfred Collins, 924 Somerset Ave. stated he has lived there for 38 years and it’s a great neighborhood. He stated he went before the DPW for the puddling in the road and they have since paved it. He’s opposed to a duplex and so is Arruda. It’s too much and he asks Board to deny it. Brian Boscoe, 918 Somerset Ave. lives next door. They are asking for a lot of zoning relief. His family has lived there for 80 years and it’s packing in too many houses. On that section of the roadway there are single family dwellings. Chairman Ackerman read dept. comments from the City Planner, Conservation Commission, Engineer, Water Dept., B.O.H and Fire Dept. At this time Brad asked for the petition to withdrawn. Steve made motion to allow petition to be withdrawn with prejudice, seconded by George 5 Vote: Turner, Ackerman, Faria, Vieira, Moniz …Yes Petition Withdrawn with prejudice 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 SFG Associates. Case # 3751 Allison Hannah Trustee 136 Alanita Drive For: A Variance from Section 440-710 of the Zoning Ordinance to allow a 1,150 s. f. accessory dwelling Unit (instead of 850 s. f .max.) and occupying more than 35% of the habitable floor area of the building (instead of 30% max) For the Petitioner: Atty. Daniel deAbreu, 174 Dean St., Taunton, Ma. Allison Hannah, 136 Alanita Dr., Taunton, Ma. In favor: None Opposed: None Atty. deAbreu stated he represents Allison Hannah and they are seeking permission to add a 1,050 sq. ft. accessory dwelling unit for her parents to reside. They wish to all live together but maintain some independence. The proposed accessory dwelling will consist of what is now the garage, along with a single story addition attached to it. The existing garage would be renovated to make it a living area and the accessory will all be on one floor. The architect will be same as house and will seamlessly match. Chairman Ackerman asked if they had the required 4 parking spaces and it was answered yes. Steve says the petition is pretty straight forward. Public Input: No one in favor or opposed. Chairman Ackerman read dept. letters were read into the record from City Planner, Conservation Commission, Engineer, Water Dept, B.O.H, and Fire Dept. Motion made and seconded to grant as presented: Vote: Turner, Ackerman, Faria, 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 SFG Associates. Chairman Ackerman wishes his wife a happy Anniversary and all a Happy Thanksgiving. Meeting adjourned at 7:54 PM 6