Zoning Board of Appeals

MINUTES ZONING BOARD OF APPEALS April 25, 2024 at 6:00 PM at 15 Summer St- City Hall Members Present: Dennis Ackerman, Steve Vieira, George Moniz, Craig Faria and Seth Turner and John (Jake) Doherty. Meeting opens at 6:03PM 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. Steve made motion to accept minutes of 3-28-24 seconded by George. All in favor. Cont’d. Case # 3456Amendment Waterman 250 Lakeview Ave. prop. I.D. 25-72 & 25-73 A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow the amendment of previously approved variance and allow a side setback of 8.3’ to 251 Lakeview Ave. lot 25-74 (instead of 15’) and an increase in home footprint to 31.5’ x 43.4’. Request to continue to next month and waiver of the time frame on which to act on the proposal. He is working on gathering the info/reports from various departments the board wanted. Motion made and seconded to grant continuance to May 23, 2024 Vote: Ackerman, Vieira, Faria, Moniz, Doherty….Yes Petition continued to May 23, 2024 Case # 3775 Vernal 59 Clifford St. A Variance from Section 440 Attachment #3, 704C, 702A, 1001 (1) and a Special Permit from Section 440 Attachment #1 of the Zoning Ordinance to allow 3 triplexes (9 residential units) in an Urban Residential District on a lot having 22,950 sq. ft. of lot area & dry area (instead of 43,560 sq. ft. of lot area & dry area) having a driveway within 70 feet of an intersection, a front landscaping buffer on Shores St. varying from 2 ft.to 10 ft. , and front landscape buffer on Clifford St. varying from 8 ft. to 10 ft., and having 11.4 ft. of building separation instead of the req’d 54 ft. (the proposed building height is 35 ft.) Request to withdraw Motion made and seconded to grant request and allow petition to be withdrawn with prejudice. Vote: Ackerman, Vieira, Doherty, Moniz, Faria……Yes. Petition withdrawn with prejudice. 1 Case #3770 Live & Learn Ventures, LLC 43R Chandler Ave. For: A Variance from Section 440 Attachment #3 and a Special Permit from Section 440 Attachment #1 of the Zoning Ordinance to allow the construction of 2 family dwelling in a Business District and a front yard setback of 10.6’ (instead of 25’) For the Petitioner: Rich Riccio, Field Eng. Co, P. O. Box 1178, Mattapoisett, Ma In favor: None Opposed: None Rich stated the case was continued because the required certification wasn’t given for the LLC and that has been submitted now. The existing parcel was before the ZBA for a 3 family and was approved but the conservation Commission approval was appealed by DEP. Their proposal is for a 2 family and the access is from Chandler Avenue not West Adams Street like the other proposal. The wetland and river limit the development of the site. This request is less units, less variances requested and no access from W. Adams Street. The site has water and sewer and each unit will have an individual driveway. Chairman Ackerman asked about the order of conditions and Rich says they have a valid order of conditions from Conservation Commission. That was not appealed by DEP. Dept. comments from Dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H. Jake asked about the drop in topography to the river. Rich states there is a 100 foot no touch to back of river. They are not proposing anything back there and there is a fence. George says they should keep fence and Rich says that’s not a problem. Public Input: no one in favor or against. Motion made to Grant with the following condition: 1. Maintain the existing fence. Vote: Vieira, Faria, Moniz, Ackerman, Doherty …….…Yes Petition granted Documents used as part of the hearing were: Dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H. Plans submitted by Field Eng. Co. Case #3773 Gibson 147 Leahy Dr. For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow a 12’ x 30’ garage having a 2.3 foot side setback (instead of 15 feet) For the Petitioner: Kenneth Gibson, 147 Leahy Dr., Taunton, Ma. In favor: None Opposed: None 2 Mr. Gibson states he wants to build a garage on the only side of the lot he can. There is a drainage easement and wetlands limits where he can build. Steve asked where the sewer is and Mr. Gibson answered in front and they are putting an addition on other side. Jake asked if it would be permanent and he answered yes. The gas line and Air Conditioner unit is the reason he cannot connect to house. Steve asked if the garage is one level and he answers yes. Mr. Gibson stated they would be keeping it uniform with the house by keeping the same roof line and siding. It was noted there is a lot of water from recent rain. Jake asked if the 2.3 foot would be grass and Mr. Gibson answers he may put pavement or stonedust so he won’t have to mow it. Chairman Ackerman read dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H. Eng. & Cons. Public Input: No one in favor or opposed. Motion made to Grant as presented: Vote: Moniz, Doherty, Faria, Vieira, Ackerman. …….…Yes Petition granted Documents used as part of the hearing were: Dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H. Plans submitted by Arthur Borden Associates Case #3772 Fremont Street Realty LLC 94 Fremont St. (45-165 & 45-166) For: A Variance from Section 440 -502 Attachment #2 of the Zoning Ordinance to allow automobile sales in conjunction with the pre-existing legal non-conforming auto repair use and existing dwelling in the Rural Residential District. Craig Faria has submitted his formal certificate indicated he read to minutes and watched video of previous meeting and is eligible to sit on case pursuant to GL C.39 Section 23D. For the Petitioner: Atty. Brianna Correira, 123 Broadway, Taunton, Ma. Steven Ferreira, Fremont Street LLC, 135 Washington St. Taunton, Ma. Aziz Moussali, Aziz Tires, 94 Fremont St, Taunton, Ma. Atty. Correira stated they submitted an amended plan dated March 27, 2024 showing 12 display spaces, 10 storage spaces, 11 customer spaces and 1 handicapped space and a small addition which is under the 10% allowed under the ordinance. They put the small addition on the plans for transparency. Atty. Correira stated several board members indicated now the site has no conditions as it is pre-existing non-conforming and if approved there will be conditions and we need to go to Site Plan Review with P.B. for the entire site. This auto repair business has been in existence for many years going back to 1936. If denied the auto repair use will and can still remain. They are proposing to pave the parking area to eliminate any dust. Atty. Correira wanted to point out the conditions run with the property. If not complied then the Zoning Enforcement Officer can enforce conditions. The Municipal Council grants the auto dealer’s license. Atty. Correira stated one abutter who is in opposition Jennifer Elsinger, 179 Fremont St is a ½ mile down the road. Her issues might be towards the junkyard down the road. The new 3 owner has spent over $100,000 cleaning up t heist and removing old junk cars and boat. The property was an eyesore. They are adding this to the existing auto repair shop and Atty. Correira thinks this will not cause any more traffic. By allowing this it will provide a more controlled and organized site with conditions to enforce if needed. Atty. Correira shows a rendering of what the site will look like. George asked if parking would be paved and it was answered yes and striped. Steve asked if cars will be parking along the front? The new plans shows 7 display spaces in front. Chairman Ackerman asked about hours of operation and it was answered 7:30 AM – 6:30 PM Chairman asked if any signs? They said they would just be adding “auto sales” to the existing sign. George asked Aziz asked the hours are ok? Aziz answers yes he doesn’t do any auto repair on Sunday. He will be the one selling cars. George grew up in the neighborhood and is very familiar with Pimenta’s Auto Junkyard down the street. He says the place looks good as he drove by a few times. Steve asked out the hours of operation and it was discussed. Aziz says his auto repair hours are 7 AM – 6 30 and he would like auto sales be same. He does not do any auto repair on Sunday. Jake asked about the 2.6 acres in back and if they have any plans for that? Atty. Correira answers they can’t know the future but have no immediate plans. Jake suggests no further development unless they come back to ZBA. Atty. Correira says any modification must go in front of ZBA and P.B. but they wanted to be transparent and show the small addition now. Jake stated it’s a drastic change and he’s glad you eliminated 15 display spaces. George likes new plans with less display spaces. Atty. Correira stated the pavement will be an improvement. Steve suggests not further development of the site unless they come back to ZBA. Steve says if approved it will be more controlled site with improvements. Public Input: no one in favor or and letter from Jennifer Elsinger, 179 Fremont St opposed. Motion made to grant with the following conditions: 1. Hours of operation for auto sales & auto repair Monday – Saturday 7AM – 6:30PM, Sunday 10 AM – 4 PM for auto sales only – No auto repair on Sunday 2. Must come back to ZBA for any further development of lot with the exception of the expansion of the existing building up to 10% as it is allowed by right. Vote: Ackerman, Vieira, Faria, Moniz, Doherty …….…Yes Petition granted Case #3776 BD Management 419 Winthrop St. For: A Special Permit from Section 440 Attachment #1 of the Zoning Ordinance for a 3 family use in a Highway Business District. For the Petitioner: Atty. Brianna Correira, 123 Broadway, Taunton, Ma. Bruce Thomas, 48 Church Green, Taunton, Ma. In favor: Jordan Fiore, 425 Winthrop St., Taunton, Ma. Opposed: Elizabeth Carreiro, 421 Winthrop St., Taunton, Ma. 4 Atty. Correira explains they are here tonight for a Special permit for a 3 family use in the Highway Business District. They are not asking for any variances. They are taking an old dilapidated structure down and re-building a 3 family dwelling. The surrouding neighborhood consists of residences, Garcia Tile, hair salon, Bay State Garden, Church, Breno’s Auto, bank, 2 family and gas station and condo near North Walker Street. The district has many multifamilies along with some commercial uses . They don’t want to put a mix use just a 3 family dwelling. Atty. Correira named a few uses that could go in as a matter of right namely, bank, hotel, medical office. This proposal is in harmony with the neighborhood. Steve asked about the driveway and if they had to back out? Bruce answers no there is plenty of room to drive out, they are proposing a double wide driveway. Each individual unit has their own driveway. George says that house has been vacant for over 20 years. He asked if is used to be a garage and Bruce answers he doesn’t know. George thinks it’s a good idea. Jake asked if it’s rental and Bruce answers no they will be sold like condos. Chairman Ackerman read dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H. Eng. & Cons. Chairman Ackerman asked about the moratorium on Winthrop Street and Bruce reached out to the State to see when the date was. The special permit is good for 2 years and they said the water & gas line is in sidewalk . So the sewer is the only thing in the road? Public Input: Jody Fiore, 425 Winthrop St., stated this site is unique with a steep incline and the traffic is a concern. He’s happy to see the 3 large driveways and only 3 units. It’s sad the old house wasn’t cared for. His house lot was carved out of this lot. He wanted to make sure the double wide driveways were there and he’s thinks it’s a good project. If the State doesn’t allow double driveway then they would have to come back. Public Input: Elizabeth Carreiro, 421 Winthrop St. opposed to a 3 family dwelling. She thinks it will decrease property value. The lot is too small and there is no street parking. In her opinion it doesn’t conform to neighborhood. There are single families and she is concerned with the safety of the tenants, environmental issues and having more water. Jake asked why does she thinks it will affect her property value? She stated in her opinion over time the tenants will have issues with parking, and she has environmental concerns. She thinks over time there will be problems. Jake disagrees. George said they will be condo so they will be owner occupied not rented. Ms. Carreiro stated she is still against it. Chairman Ackerman stated the drainage has to be approved by the City Engineer showing no increase in runoff. They will need to go to the Conservation Commission also. The assessor’s records indicted this was a single family house. Atty. Correira is unaware of decreased property values, and with it being home ownership it will have less of a turnover. Steve suggests adding hammerhead and Bruce says they have an 18 wide double wide driveway. Motion made to Grant with the following condition: 1. Each unit to have a double driveway (18 feet wide) Vote: Moniz, Doherty, Faria, Vieira, Ackerman. …….…Yes Petition granted 5 Documents used as part of the hearing were: Dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H. Plans submitted by SFG Associates. Case #3774 12 Porter Street LLC 10-18 Porter St. For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow a 30’ x 17’ garage on building #2 having a 15 foot rear setback (instead of 20 feet) on premises situated at 10-18 Porter St. ( 65-220, 65-219, 65-221, 65-208, and 65-209) For the Petitioner: Atty. Brianna Correira, 123 Broadway, Taunton, Ma. In favor: None Opposed: None Atty. Correira states this project was here is August for rear yard variances with 16 abutters in favor. Now they need another variance for the garage that was 30 x 12 and now it’s 30 x 17. There is a slight increase which allows more storage. The lot has a unique shape. This project will offer needed housing and the variance grant can be granted without any impact on neighbors. The project received P.B. and Council approval. Atty. Correira states the depts. Have no issues Chairman Ackerman read dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H., Eng & Cons. Public Input: No one in favor or opposed. It’s a pretty straight forward request. Steve commends the petitioner of developing brownfields property and thinks this is a good project and good investment. Public Input: No one in favor or opposed. Motion made to Grant as presented: Vote: Turner, Doherty, Faria, Vieira, Ackerman. …….…Yes Petition granted Documents used as part of the hearing were: Dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H. Plans submitted by JDE Civil Engineers Meeting adjourned at 7:49 PM 6