Zoning Board of Appeals

MINUTES ZONING BOARD OF APPEALS May 23, 2024 at 6:00 PM at 15 Summer St- City Hall Members Present: Dennis Ackerman, Steve Vieira, George Moniz, Craig Faria, John Joyce and Seth Turner. 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 April 25, 2024 seconded by Steve. 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’. Peter Waterman stated he is requesting to continue because the engineer needs 4 weeks to get to him. Chairman Ackerman stated he has given us some information we requested but this is the last thing and he suggests a 2 month continuance to give enough time. Peter waived the time frame on which to act on the proposal. He will follow up with letter to office waiving time frame. Motion made and seconded to grant continuance to July 25, 2024 Vote: Ackerman, Vieira, Faria, Moniz, Joyce ….Yes Petition continued to July 25, 2024 Case #3778 Cunniff 9 Presbrey Court For: A Variance from Section 440-602, Section 440 Attachment #3, and Section 440-702 of the Zoning Ordinance for the division one lot into two lots resulting in one lot with the existing 4 family dwelling having 13,075 sq. ft. of lot area & dry area (instead of 43,560 sq. ft. for both) 84.19’ of frontage and 87.06’ of lot width (instead of 100’ for both) and a waiver of a portion of the side landscaping buffer along the new property line. For the Petitioner: Atty. Michael Strojny, 277 Winthrop St., Taunton, Ma. Steve Rogers, 5 Pinckney St., Taunton, Ma In favor: None 1 Opposed: Jacqueline & Paul Rego, 21 Presbrey Court, Taunton, Ma. Cheryl Lung, 3 Briggs St., Taunton, Ma. Jean Jackson, 5 Briggs St., Taunton, Ma. Atty. Strojny stated they have a parcel with an existing 4 family located on it. The parcel is 23,000 sq. ft lot and it’s pre-existing non-conforming. Atty. Strojny says his client/current owner is David Cunniff and he as a P&S to buy property with Steve Rogers as the general contractor. Atty. Strojny stated the hardship is that if they convert the existing 4 family to a 3 family they would only be required to have a 10,000 sq. ft. lot and they could divide by right and put up to a 3 family on new conforming lot. Atty. Strojny stated it would cost too much to convert 4 family to 3 family So the hardship is financial and the some land was taken by the City in the 1930’s . John stated he didn’t’ agree they have a hardship. Chairman Ackerman stated they still only have one lot. George stated they are proposing a duplex and Steve R. answers yes it will be owner occupied. Chairman Ackerman read dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H., Eng.& Cons. John stated it would have been a benefit if they cleaned up the property. He drove by today and there are a host of unregistered vehicles on site. There was loitering when he drove by today. The police are very aware of this site and there has been numerous issues. Steve stated the garage will be removed so the issues from garage will be gone. John stated the issues come from the tenants of the 4 family. John states why should we believe the new house will be any better. Steve said there will be no rentals. There was discussion on the problems from the tenants and the people who rent the garage. George stated he heard that some neighbors are renting there houses and not living there because of the on-going problems at this address. Public Input: Jacqueline Rego, 21 Presbrey Court, has issues with tenants of house. They call police and the garage is a concern too. She sent the landlord pics and he never responded. She states there are a lot of different things going on. Paul Rego, 21 Presbrey Ave. stated this same landlord owns 365 Somerset Ave and something happened there this week (police call) Opposed: Cheryl Lund, 3 Briggs St. stated the parking lot is an issue. They have put up with noise at 4AM, minibikes running up and down street, people coming and going (suspect drug dealing) She can hear it all and her children are afraid for her. She stated she has heard people singing Christmas songs at 11 PM. She stated the owner is an absentee landlord. They try to get in touch with him but tenants don’t give his info. She’s had 110 bags of leaves because the leaves come from his yards and blow over to hers and she couldn’t even open her door because of the pile of leaves. Jean Jackson, 5 Briggs St., stated she hears the tenants partying at 3:30 AM with music, swearing and throwing trash, fighting, and cookouts. Police have been called numerous times because of the drug addicts, ambulance calls. The garage has people with motorcycles hanging out with loud music. Atty. Strojny says they will be getting rid of the 2 trees so there will be less leaves. George says there is a lot of people hanging around but they will be getting rid of the garage and put duplex. He would like a fence and he thinks a duplex would be a positive impact compared to what is there now. John thinks there is no hardship. Chairman Ackerman states financial hardship is not one of the hardships when granting variance and he says the lot is rectangular shape and there is no topography issues. 2 Motion made to Grant with the following conditions: 1. Existing garage to be demolished 2. Erect fence to separate properties Vote: Moniz, Faria, …….………Yes Ackerman, Vieira, Joyce….No Petition Denied 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 Lighthouse Land Survey Case #3777 Barrows 39 Hoover St., (91-308, 91-309 & 91-310) For: A Special Permit from Section 440-503 of the Zoning Ordinance for the extension of non-conforming structure by allowing a 500 square foot addition on the ground level and 1,200 square feet over the 2nd floor resulting in 1,700 sq. ft. of new build on premises situated at 39 Hoover Street, Property I.D. 91-308, 91-309, and 91-310 For the Petitioner: Riley Barrows, 39 Hoover St. Taunton, Ma. In favor: None Opposed: None Riley explains how they want to add an addition and second level to the existing house to make it a 4 bedroom and 2 bathroom house. The addition is on the side and then the entire second floor to the entire house. 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. They will be tying into city sewer. She has already combined all the lots 981X plan) and it’s recorded at Reg. of Deeds. She submitted it with the file. Motion made to Grant as presented: Vote: Moniz, Joyce, 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 GM2 Associates 3 Case #3779 Sylvia 275 King James Blvd. For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow a 16 foot front yard setback (instead of 25’) for a 8’ x 4’ landing and 7.6’ x 4’ set of stairs. For the Petitioner: Erik Sylvia, 275 King James Blvd., Taunton, Ma. In favor: None Opposed: None Erik states he wants to add a set of stairs with a landing to the garage to be able to get to the second floor. He received ZBA approval for the garage in 2013 and he should have include stairs. He says whenever he needs to bring something up over the garage he has to move cars out and go up inside stairs. The outside stairs will make it easier. Chairman Ackerman asked what is on second floor and Erik answers storage. Steve said you are only adding landing and stairs and it was answered yes. Erik handed out pics of side of house to where the pavement is. George wanted to make sure it wasn’t an in-law and Erik says no its storage only. 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, Joyce, 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 Lighthouse Land Survey Case #3780 14-18 Elm Street, LLC 39 Myrtle St. For: A Variance from Section 440 Attachment #3 and Section 440-602 of the Zoning Ordinance to allow the division of one lot into two resulting in Lot B having 45’ of frontage & lot width (instead of 75’) For the Petitioner: Atty. Patrick Sullivan, 130 So. Washington St., Ste. 201, No. Attleboro, Ma. Serge Desir, 124-18 Elm St., LLC, 11 Robert Toner Blvd., Ste. 5-175, N. Attleboro, Ma In favor: None Opposed: Roger Salley, 41 Myrtle St, Taunton, Ma has some questions 4 Atty. Sullivan stated they are here tonight to divide an existing 24,000 sq. ft. lot that was purchased in Spring of 2023. The lot currently has a 2 family located on it. They are proposing a single family on the new lot. The new lot will have 45 feet of frontage & lot width. Atty. Sullivan stated 75% of the houses on Myrtle Street are less than 10,000 sq. ft. It’s a very dense neighborhood. Steve sked what the hardship was and Atty. Sullivan says it’s up to the Board to determine that. Chairman Ackerman stated the lot is rectangular shape and you are asking us to approve a lot with less than 50 feet of frontage which is less than the state minimum for a potential grandfathered lot. Chairman Ackerman stated the voters of the City have spoken and they are not in favor of creating small lots. He stated you can’t do a retreat lot either. It’s up to the presenter to present their hardship. George says he has no issues with this the house will be set back from street. He points out the lot is bigger than some in neighborhood. Chairman Ackerman read dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H., Eng. & Cons. Public Input: Roger Salley, 41 Myrtle Street had some questions. He wanted to know what they are doing with barn? He says the streets is really crowed with lots of apartments. Serge stated the barn is going to be removed. Chairman Ackerman doesn’t see any hardship. Motion made to Grant with the following condition: 1. Single family only on new lot. Vote: Joyce, Moniz…………….…Yes Ackerman, Vieira, Faria……No Petition denied 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 MBL Land Development & Permitting Meeting adjourned at 6:55 PM 5