Zoning Board of Appeals

MINUTES ZONING BOARD OF APPEALS December 28, 2023 at 6:00 PM at 15 Summer St- City Hall Members Present: Dennis Ackerman, Seth Turner, Craig Faria, George Moniz, and Scott Rodrigues. Meeting opens at 6:00 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. George made motion to accept minutes of 11-16-23 seconded by Seth. 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. George made motion to grant continuance to Jan. 25, 2024 meeting, seconded by Scott Vote: Ackerman, Moniz, Turner, Faria, Rodrigues….Yes Petition continued to Jan. 25, 2024 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. George made motion to grant continuance to Jan. 25, 2024 meeting, seconded by Scott Vote: Ackerman, Moniz, Turner, Faria, Rodrigues…..Yes Petition continued to Jan. 25, 2024 Case # 3761 Ferreira 308-312 Middleboro Ave. (prop. I. D. 95-153, 95-169 & 95-168) A Variance from Section 440 Attachment #3 for a lot having 6,920 S.F. instead of the required 60.000 s.f. and a dry lot area of 6,920 S.F. instead of the minimum dry lot area of 43,560 S.F. Lot frontage of 48.72 FT. instead of the required 150 FT. Lot width of 48.72 FT. instead of the minimum 100 Ft., a rear setback of 5.9 feet instead of 25 feet, A lot having 4,705 S.F. instead of the required 60.000 s.f. and a dry lot area of 4,705 S.F. instead of the minimum dry lot area of 43,560 S.F. Lot frontage of 75.28 FT. instead of the required 150 FT. Lot width of 75.28 FT. instead of the minimum 100 Ft. A side yard setback of 13.3 Ft. instead of the required 25 FT, a rear setback of 13.7 ft. instead of the 1 required 30 Ft., structure lot coverage of 30.8% exceeding maximum lot structure coverage of 20%, A parking variance is requested for the property with the existing duplex having 2 spaces instead of the required 4 spaces. A parking easement is proposed. A special permit from Attachment #1 to allow a single family dwelling in an Industrial District. Request to continue to February 2024 meeting and extending time frame on which to act on proposal. George made motion to grant continuance to February 22, 2024, seconded by Seth. Applicant will follow up with letter extending the time frame on which to act on this proposal. Vote: Ackerman, Faria, Turner, Moniz, Rodrigues…..Yes Continued to Feb. 22, 2024 Case # 3759 Dauphinais Concrete Inc. 120R Berkley St. For: A Special Permit from Section 440-503 of the Zoning Ordinance to allow the expansion of a pre-existing non-conforming building & use by allowing the installation of 2 above ground fuel storage tanks (one 1,000 gallon tank for gasoline & one 9,950 gallon tank for diesel) for the company vehicles and fleet use George had to recuse himself due to being an abutter. Chairman Ackerman gave the applicant the option to move forward with only 4 members tonight or continue to next month. Applicant chose to continue to next month for 5 voting members. Scott made motion to continue to next month, and waive the continuance fee, seconded by Seth Vote: Faria, Turner, Ackerman, Rodrigues…Yes Petition continued to January 25, 2024 Case # 3756 Silveira & McCone 4 Wilmarth St. &559 Cohannet St. For: A Special Permit from Section 440 Attachment #1, A Variance from Section 440- 702 and Section 440 Attachment #3 of the Zoning Ordinance for the re-division of 2 lots into 3 lots resulting in one lot having 15,712 sq. ft. of lot area & dry area (instead of 43,560 sq. ft. for both) a waiver of the landscaping buffer requirements and to allow 5 residential units in an Urban Residential District For the Petitioner: John DeSousa, NorthCounty Group, 4 Court St., Taunton, Ma. In favor: Anthony Gibbons, 581 Cohannet St., Taunton, Ma. Samiri Rocha, 566 Cohannet St., Taunton, Ma. Opposed: Martha Bentley, 7 Earl St., Taunton, Ma. Andrew Nystrom, 7 Earl St., Taunton, Ma. Raymond Kinny, 551 Cohannet St., Taunton, Ma. Erin Dorsey, 551 Cohannet St. Taunton, Ma. 2 Chairman Ackerman read dept. comments from the City Planner, Conservation Commission, Engineer, Water Dept., and B.O.H. John stated we don’t have to show hardship because we are asking for a Special Permit. John stated they are here to re-configure 2 lots into 3 lots. The existing lots are 4 Wilmarth St and 559 Cohannet St and the new lot will be in the middle created by a Form A. 4 Wilmarth St. will have 10,600 sq. ft. and 559 Cohannet St. lot will have 11,125 s.f. and the newly created lot will have 15,712 sq. ft. Wilmarth Street is not fully developed so they will need to expand it by a roadway improvement plan with the Planning Board. They are proposing 5 units on the new lot. All units will meet all setbacks, and they are asking for landscaping variance. Perc test will need to be done for water table and building code regs. Water & sewer is from Wilmarth Street. They will comply with stormwater management with DEP. There are no wetlands on the property. They will be townhouse units and each will have a concrete patio in back. They provide 12 parking. He stated the fire dept. and Engineer will see if movement for emergency vehicles. Chairman Ackerman asked if he was asking for a variance for lot area the ordinance requires 43,560 sq. ft. for 5 units and they only have 15,712 sq. ft. John answers yes they need variance for lot size and landscaping. Chairman Ackerman asked if he advertised for that it was answered yes. Each unit will have 3 bedrooms, with first floor consisting of Living room, Kitchen, dining room, ½ bath and laundry. 2nd floor will consists of 3 bedrooms and 2 bathrooms, basement can be utilized for another tv room. The attic will be accessible through the 2nd floor. Chairman Ackerman asked what could they put on their as right under zoning? John answers based on lot size 3 units. George asked if they had any future plans for land in back and John answers it will be for the yard. Seth asked where would snow go? John answered over the side and edge of driveway. George asked about dumpsters and John said he will provide that and will go in front. Public Input: Martha Bentley, 9 Earl St. has serious concerns about the high water table on Wilmarth St. and it floods now. There is always water there and it’ s worse when it rains. She has pump in basement, French drain and concerned with property values going down. She asked who would be doing ground water study? She thinks it’s a terrible project. Andrew Nysrom, 7 Earl St. abuts in the rear. His concerns are the small lot is for 5 units, how long will the street be? And will be need to put a hydrant. The closest fire hydrant is about 500 feet away. He agrees with Ms. Bentley about the flooding. He stated the culvert on Cohannet St. side of Earl St. flood because of overuse. Anthony Gibbons, 581 Cohannet St. stated he has custody of his grandchildren and he just wants fencing for safety. He’s doesn’t care what they do as long as he gets a fence. Raymond Kenny, 551 Cohannet St. opposed. He has concerns about the stormwater, lot size and he state she wants to live at his house forever and years ago someone way denied to put one house on this road. Chairman Ackerman explained how the City Engineer must approve and verify the water runoff will not go onto his property. Chairman Ackerman stated it was the Council who reduced the lot size to 10,000 sq. ft. In favor: Samari Anderson Rocha, states she’s a mom with 4 children and welcome new people to move in. She supports the project. She’s hoping whoever moves in will have children so her children can have playmates. Chairman Ackerman stated everyone has a right to appeal decision. Opposed: Eric Dorsey, 551 Cohannet St. stated what is the hardship? She asked how can they take land from 2 properties and create a new lot? Are they going to live there? Their backyard is going to be crap. 3 George looked at pictures that were submitted and it’s not that bad considering all the rain we had. John stated his firm will be doing the stormwater management and they will have a homeowner’s association who will maintain property. Now there are 2 owners, McCone & Silveira and they currently live there. He addressed the flooding issues brought up and said the City Engineer would need to approve stormwater at the building permit process. John stated they are asking for variances for lot area and landscaping. The hardship is the weird L shape and hammerhead to one side. It was asked why 5 units and not 3 units by right? John answered they are proposing 5 units and not the maximum 6 per the regs. He stated that’s a medium number that fits, there are multifamily dwellings around and single family homes. Chairman Ackerman stated times are changing when he sees a crowd of neighbors he won’t vote for a duplex or triplex. He stated the voters of Taunton have spoken. It was noted they can only do 3 units by right based on the lot size. George asked if they can put fence on edge of roadway? John stated Raymond Kenny has a fence. Chairman Ackerman stated 5 units is too much he would be more apt. for 4 units. John understands and they can agree to cut down to 4 units. Discussion took place on whether 3 units or 4 units would be good. It was voted if they did 3 units by right this Board has no control over it. If more then they can put conditions. It was suggested eliminate Unit 5 and put fencing up. John stated they can’t put fence on neighbor’s property for liability reasons. It was suggested putting money is escrow and let them put fence up. George made motion to Grant with the following conditions seconded by Seth. 1. Approved for 4 units only - Eliminate Unit #5 2. Erect cypress juniper trees along rear property line. 3. Put funds into an escrow account for 581 Cohannet St. (property I.D. 77- 263) to pay a fence company to install a fence along their eastern property line (Wilmarth Street) from the driveway location to the intersection of Cohannet Street Vote: Turner, Ackerman, Rodrigues , Moniz ..…Yes Faria ………………………………………….No Petition Granted Documents used as part of the hearing were: Dept. comments from City Planner, Conservation Commission, Engineer, Water Dept., and B.O.H. Plans submitted by NorthCounty Group Case # 3750 Smaller 93 Craven Court 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) on premises situated at 93 Craven Court, Taunton, Ma. For the Petitioner: John DeSousa, NorthCounty Group, 4 Court St., Taunton, Ma In favor: None Opposed: None 4 John stated the petitioner is looking to expand the living and add a kitchen, bathroom, and living space, Under the zoning ordinance that constitutes it to be an accessory dwelling unit. The petitioner just wishes to provide some space so when her grandchildren come to visit. Chairman Ackerman asked why add kitchen? John answers it’s just easier to prepare food in one place. Craig states so it’s not an accessory dwelling? John stated under the zoning it qualified as one but probably won’t be used just when grandchildren come to visit. Chairman Ackerman read dept. comments from the City Planner, Conservation Commission, Engineer, Water Dept., and B.O.H. Public Input: No one in favor or opposed. George made motion to Grant as presented, seconded by Seth. Vote: Ackerman, Faria, Moniz, Rodrigues, Turner ……Yes Petition Granted Documents used as part of the hearing were: Dept. comments from City Planner, Conservation Commission, Engineer, Water Dept., Fire Dept., and B.O.H. Plans submitted by NorthCounty Group Case # 3757 Vavolotis Middleboro Ave. 95-212 For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance for the development of a lot having 60.01 feet of frontage (instead of 125 feet) and 40 feet of lot width (instead of 100 feet) For the Petitioner: Socrates Vavolotis, 246 Stoney Hollow Rd., Tiverton, R.I. In favor: None Opposed: Tommy Gomes, 107 Middleboro Ave. E. Taunton, Ma. Petition signed by 6 abutters opposed. Chairman Ackerman gave the petition the option of hearing case tonight or continuing to next month due to only 4 members voting. Scott recused because his place of employment is the engineering company who prepared the plan. Mr. Vavolotis opted to move forward tonight since this is a renewal of previously approval. Mr. Vavolotis stated the hardship is that the lot is narrow and then gets wider. He subdivided the property years ago then he had emergency surgery and had to work with bank for partial release. That is all set now and he was unaware the variance had expired. He stated he would explore the possibility of putting a duplex and Chairman Ackerman stated the previously approval was for a single family. He would be in favor of single and he didn’t’ advertise for a duplex which requires a Special Permit. Chairman Ackerman read dept. comments from the City Planner, Conservation Commission, Engineer, Water Dept., and B.O.H. Public Input: Tommy Gomes, 107 Middleboro Ave. opposed. He stated concerns and the board needs to give a variance for reason. He stated the owner across the street at 116 Middleboro Ave. was not notified. It was clarified the owner was notified and the mailing was sent to his business address as it’s listed on the certified 5 abutters list. George asked how far back will house be located? Mr. Vavolotis stated he doesn’t know and he doesn’t have a builder yet. Mr. Vavolotis stated he didn’t understand the variance had an expiration date and he is just going to sell the lot. Mr. Vavolitis stated he has a 30 foot no cut zone and he will comply with that. He showed plan showing 30 foot no cut zone. It was suggested he continue that around property with the exception of the RR property Line and his house side at 125 Middleboro Ave. George made motion to Grant with the following conditions seconded by Seth. 1. Single family dwelling only. 2. A 30 foot wide NO CUT ZONE starting at the back of property I.D. 95-28 and along property I.D. 95-29, 95-32, 95-33 and 95-35. Not including property owned by RR prop. I.D. 95-210 Vote: Turner, Ackerman, Faria, Moniz ..…Yes Petition Granted Documents used as part of the hearing were: Dept. comments from City Planner, Conservation Commission, Engineer, Water Dept., and B.O.H. Plans submitted Arthur Borden & Associates Case # 3758 Dexter 76 Fremont St. For: A Special Permit from Section 440-503 and Variance from Section 440-710 of the Zoning Ordinance to allow the expansion of a pre-existing non-conforming structure by adding an accessory dwelling unit on a lot having 22,576 sq. ft. (instead of 60,000 sq. ft.) and the accessory dwelling unit being 952 sq. ft (instead of max. 850 sq. ft.) and 47% of the habitable floor area (instead of the max. 30%) For the Petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma. In favor: Petition signed by 7 abutters in favor. Opposed: None Atty. Rounds explains they are asking to add an accessory dwelling unit to the existing non-conforming house. The existing house is close to property line and they will be adding addition resulting in the entire house having 2 floors. The zoning ordinance restricts size and that creates a hardship. Atty. Rounds states it’s not a practical square footage. He submitted petition signed by abutters in support. The neighborhood already developed and this will fit in nicely. Chairman Ackerman read dept. comments from the City Planner, Conservation Commission, Engineer, Water Dept., and B.O.H. Public Input: Petition in favor submitted, no one opposed. George made motion to Grant as presented, seconded by Craig Vote: Turner, Ackerman, Faria, Moniz, Rodrigues …..…Yes Petition Granted 6 Documents used as part of the hearing were: Dept. comments from City Planner, Conservation Commission, Engineer, Water Dept., and B.O.H. Plans submitted Lighthouse Land Surveying, LLC Case # 3760 G&J Realty & Blue Sky Donuts Inc. 2089 Bay St. For: A Variance from Section 440-706 of the Zoning Ordinance to allow a total of 104.6 sq. ft. of façade signage (instead of the allowed 38 sq. ft.) for Dunkin Donuts building on premises at 2089 & 2101 Bay St. and property I.D. 14-108 & 14-109, Taunton, Ma. Owner of premises is Northwood Crossing Station, LLC For the Petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma. Chris Cahoon, Blue Sky Donuts, Inc, 1400 Commerce Way, Unit 4, Attleboro, Ma. In favor: None Opposed: None Chairman Ackerman read dept. comments from the City Planner, Conservation Commission, Engineer, Water Dept., and B.O.H. Atty. Rounds the Dunkin building is under construction and they are a significant amount of distance away from Bay Street. You really can’t see the building from Bay St so they are asking for bigger sign. Chairman Ackerman stated he voted against DD going in there but he’s not against the need for bigger sign. He stated it will cause more accidents trying to find DD. The proposal will make it a little easier to attract customers. There are a lot of buildings in the plaza. The sign won’t be back lit. Public Input: No one in favor or opposed. Seth made motion to Grant as presented, seconded by George Vote: Turner, Ackerman, Faria, Moniz, Rodrigues ..…….Yes Petition Granted Documents used as part of the hearing were: Dept. comments from City Planner, Conservation Commission, Engineer, Water Dept., and B.O.H. Plans submitted by Bohler Engineers At this time Scott Rodrigues thanked the board for welcoming him back and wished the new board luck. He has to recuse himself on the next case. Case # 3762 Wessels Robert W. Boyden Rd., 18-43 For: A variance from Section 440 Attachment #3 & Section 440-702 of the Zoning Ordinance for a side setback of 24 feet (instead of 35 feet) and a 10 foot front yard landscaping buffer (instead of 20 feet) and a 5 foot side yard landscaping buffer (instead of 40 feet) For the Petitioner: Scott Wessels, 34 Robert W. Boyden Rd., 18-43 In favor: None Opposed: None 7 Chairman Ackerman gave the applicant a choice to move forward tonight with 4 voting members or continue to next month. Mr. Wessels chose to go forward tonight with 4 voting members. He received approval a few years back but the variance has expired. Nothing has changed same request as before Case # 3677 Chairman Ackerman read dept. comments from the City Planner, Conservation Commission, Engineer, Water Dept., and B.O.H. Public Input: No one in favor or opposed. Craig made motion to Grant as presented with same conditions as previous if any, seconded by George Vote: Ackerman, Faria, Moniz, Turner ………Yes Petition Granted Documents used as part of the hearing were: Dept. comments from City Planner, Conservation Commission, Engineer, Water Dept., and B.O.H. Plans submitted by Arthur Borden & Associates Meeting adjourned at 7:53 PM 8 9 Meeting adjourned at 7:53 10