Zoning Board of Appeals

MINUTES ZONING BOARD OF APPEALS July 25, 2024 at 6:00 PM at 15 Summer St- City Hall Members Present: Dennis Ackerman, Steve Vieira, George Moniz, Craig Faria, John Joyce, John Doherty and Seth Turner Meeting opens at 6:03 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. Steve made motion to accept minutes of May 23, 2024 seconded by John J. All in favor. Case # 3787 Marshall 80 Joshua Lane (parcel I.D. 135-38 & 135-39) For: A Variance from Section 440-602 and 440 Attachment #3 of the Zoning Ordinance to allow the re-configuration of 2 lots into 3 lots with Lot A having 60.5’ of frontage (instead of 150’) with lot width of 45.1’ (instead of 100’) and a shape factor of 45 (instead of the max. 35) Lot B having 25.8’ frontage (instead of 150’)and lot width of 53.7’ (instead of 100’) and Lot C having 20.6’ of frontage (instead of 150’) and lot width of 49.1’ (instead of 100’) Letter from Atty. Thomas requesting a continuance to next month due to there being a typographical error on the plans and the time-frame has been waived. Motion made and seconded to grant the request for a continuance to 8-22-24. Vote: Ackerman, Faria, Vieira, Joyce, Moniz………Yes. Case #3781 Kenny & Johnstone 2 O’Keefe St. For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow a 24’ x 40’ residential garage having a 5 foot side setback (instead of 15 ft.) and a 10 foot rear setback (instead of 20 ft.) For the Petitioner: Atty. Brianna Correira, 123 Broadway, Taunton, Ma. In favor: petition signed by 36 abutters in favor. Opposed: Mario & Marley Laurent, 8 O’Keefe St., Taunton, Ma. Atty. Correira said they were here tonight for a 24’ x 40 garage and need setbacks variances. The house was built in 1920 and the petitioners have owned property for over 15 years. The existing garage is ½ foot from property line and a portion of the garage is in disrepair. The new garage will conform more than the old garage. The lot is L shaped (pan handle shape) and creates a hardship to comply with setbacks. The 24’ x 40’ metal garbage will be more appealing and provide the need storage space. She has 1 spoken to abutters on E. Water Street and Cooper Street and they have no issues. Atty. Correira stated she’s aware there is an opposition letter with a neighbor who they have had some dispute with regarding property line. She states there is pending litigation with this neighbor. Her client paid to have a survey done and neighbor removed the stakes and they had to do it again. She stated the current garage is ½ foot away and new garage would be more conforming and the doors will face E. Water Street. She stated they have re-homed the chickens on site and reaching out to the Board of Health. The proposal is in harmony with the neighborhood. John J. excuses himself from case. Steve asked if they are proposing a 24 x 40 garage on concrete pad? Atty. Correira answers yes it will be one level steel building. He asked if this is in land court and she answers no. Chairman Ackerman says the proposal makes sense to eliminate old garage and replace with new and more conforming one. George states the existing one is ½ away and the new garage would be 10 feet. Public Input: letter from Mario & Marley Laurent, 8 O’Keefe St opposed. George suggested making garage smaller and Atty. Correira stated he has boat and trailer so he needs that size. Jake asked what height and is it single story and it was answered 12 feet in height and one story. Dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H., Eng. & Cons. were read into the record. Petition submitted with 36 abutters in favor. Motion made to Grant as presented: Vote: Vieira, Ackerman, Faria, Doherty, Moniz …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 #3782 Grilla, LLC 224 Broadway For: A Special Permit from Section 440-503 (D) of the Zoning Ordinance for the expansion of a pre-existing non-conforming building for an additional 345 sq. ft. enclosed dining area with an extension of the existing roof overhang, and a 345 sq. ft. outdoor patio area with 10 seats enclosed by bollards and a fence for the existing commercial restaurant (max 30 seats on site) For the Petitioner: Atty. Brianna Correira, 123 Broadway, Taunton, Ma. In favor: None Opposed: None Atty. Correira states this Board approved this in May 2024 but had some issues with the construction materials and decided to make changes. They are now proposing a 345 sq. ft. enclosed dining area to have a few tables. They will also have patio area outside (side closest to Walgreens, the former drive-thru) There are bollards there now and there is a fence on side and along rear property line. They filed site plan review with P.B. and 2 made those suggested changes to elevate the patio. Public Input: No one in favor or opposed. Dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H., Eng. & Cons. were read into the record. Motion made to Grant as presented: Vote: Vieira, Ackerman, Faria, Doherty, Moniz …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 North County Group. Case #3783 Bastis 2-4 Cohannet St. For: A Special Permit from Section 440-503 (D) and Variance from Section 440 Attachment # 3 of the Zoning Ordinance to allow a mixed use building with a restaurant on first floor with 3 apartments on the 2nd, 3rd and 4th floors on a lot having 1,762 sq. ft. of lot area & dry area (instead of 5,000 s.f.) side yard setback of 0 feet (instead of 3 ft), having 3 units (instead of the max. allowed 2 units under Other Density) Lot coverage of 97.3% (instead of the max. allowed 90%) variance for a FAR to GRA of 9.7 (instead of max. 4.5) and a Special Permit for the extension of a non-conforming structure for a 4th floor addition for one apartment For the Petitioner: Robert Bastis, Jr., 2440 Maple Swamp Rd., No. Dighton, Ma. In favor: Letter from Mayor O’Connell, 15 Summer St. Taunton, Ma. Opposed: None Mr. Bastis stated he is the owner and is proposing a mixed use. He has 2 other properties in close proximity (15 Winthrop St & 38 Winthrop St) that he has renovated and provided residential units for the homeless. He has been working closely with the Mayor’s Economic Office of Community Development. He originally was proposing 5 residential units but reduced it to 3 units and a commercial use on the first floor. He shows pictures of the building from 1884 and shows how it’s been renovated a few times. He plans on keeping this property for many years has he has 4 teenage children and he will probably live in top unit when he retires. He state the building takes up the entire lot. The side setback is 0 feet and they are extending to make a 4th floor. Letter from Mayor which helped him with a low income loan for demo. They have replaced every level and getting ready to build. Chairman Ackerman stated in the Central Business District there is a parking garage within 150 yards. Mr. Bastis points out there is on- street parking on Cohannet St. & Post Office Square. Steve said he can’t remember when the property looked nice, it’s been in disrepair for so long. He can’t wait to see the finished project. George applauded the petitioner for taking on this renovation. George toured the building and he says it needs a lot of work. Public Input: Letter from Mayor O’Connell in favor. No one opposed. Dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H., Eng. & Cons. were read into the record. 3 Motion made to Grant as presented: Vote: Vieira, Ackerman, Faria, Joyce, Moniz ………..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 NorthCounty Group Case #3784 Stuart 12 Jefferson St. For: A Special Permit from Section 440-503 of the Zoning Ordinance to allow the extension of a pre-existing non-conforming structure by allowing a 3.5’ x 20’ landing with stairs to house with a 4.8’ side setback (instead of 15’) and a 8’ x 20’ x 17.9’ x 4’ deck to the existing garage having a 2.6’ rear setback (instead of 20’) For the Petitioner: William Stuart, Jr., 12 Jefferson St., Taunton, Ma. In favor: None Opposed: None Dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H., Eng .& Cons. were read into the record. Mr. Stuart states he’s owned home since 2018 and he went to apply for a permit for deck and was informed he needed zoning approval. He states everything on his property is non-conforming. He want to put deck on back of garage and 2nd means of egress on side of house. His sister in law lives in house and he wants it to be safe. Steve drove by and states it’s an old established neighborhood and the smaller lots are consistent and what he’s doing is consistent to what’s there. George asked if it’s a single family and it was answered yes it has 5 bedrooms. George asked if he’s planning on removing the interior staircase and it was answered yes. John asked if anyone is living in garage and it was answered no. Mr. Stuart explains the space in back of garage is overgrown and he wants to make it useable so he wants to put deck. John asked why not put deck on side and he explains he wants to put deck over the space that is not being used. He explains there is no room for a deck on the house. Steve says it sounds like he just wants to keep hid sideway space open. Public Input: None Motion made to Grant as presented: Vote: Vieira, Ackerman, Faria, Moniz….Yes Joyce……………………………… No 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 Engineer Design Consultants 4 Case #3785 Kiessling 80 Bluejay Lane For: A Variance from Section 440-710 of the Zoning Ordinance to allow the construction of a 767 sq. ft. accessory dwelling unit on a lot having 26,005 sq. ft. (instead of 60,000 sq. ft.) For the Petitioner: Jonathan Thompson, contractor Katie Butler, 80 Bluejay Lane, E. Taunton, Ma. In favor: None Opposed: None Dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H., Eng. & Cons. were read into the record. Jonathan states he’s the contactor and they just want to build an in-law for a immediate family member to live. They need variance for lot size and if approved go to the Planning Board for the Special Permit. Public Input: Katie Butler, states she will be living in the in-law while she goes to school to become a nurse practitioner. Motion made to Grant as presented: Vote: Vieira, Ackerman, Faria, Moniz, Joyce……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 Outback Eng. Case #3786 Reid 1375 Somerset Ave. For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow a 12’ x 16’ shed having a 5 foot rear setback (instead of 20 feet) For the Petitioner: Danielle Reid, 1375 Somerset Ave., Taunton, Ma. In favor: None Opposed: None Dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H., Eng.& Cons. were read into the record. Ms. Reid states they have a small lot and they want to put shed for lawn mower, snow blower, etc. She stated if they met setbacks the shed would be in middle of lot. Steve thanked her for doing the right thing. Public Input: None Motion made to Grant as presented: Vote: Vieira, Ackerman, Faria, Moniz, Joyce…..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 Engineer Design Consultants Case #3788 Perry 95 Highstone St. For: A Variance from Section 440-702 C of the Zoning Ordinance to allow a 30’ x 10’ barn and paddock (agricultural use ) 61 feet to the nearest house on an adjacent lot (instead of the req’d. 300 feet) For the Petitioner: Bethany Perry, 95 Highstone St, Taunton, Ma. In favor: Juliana Rubini, Lakeville, Ma. Opposed: Jeff & Julie Anderson, 115 Highstone St., E. Taunton, Ma. John & Nancy Carreiro, 46 Wilderness Way, E. Taunton, Ma. Bethany stated she’s here for permission to put a barn and paddock less than the required 300 feet of the nearest house on adjacent lot. She was under the impression her neighbors were in full support and they even raved about her. Then she finds they put in an opposition letter. She stated she can move it further away from their property. She received a text from Jeff Anderson saying his re-sale value will be affected. She stated she MUST follow the Board of Health’s rules. She stated her neighbors cited odor, removal of trees, rats, flies will impact their property. She is proposing 10’ x 30 barn for 2 horses and a feed storage room. The barn will have 3 stalls. She thinks the allowance of a horse will not impact the neighborhood. Her neighborhood is not a HOA and they have numerous neighbors who have lots of stuff in their yards. Chairman Ackerman asked if she could move it another 20 feet away and she said yes. Steve asked if she will store feed in barn and she answers yes. The middle stall will be for horse feed which will be galvanized bins and she will keep manure in a trailer covered for easy removal. She said most people store it in covered barrels. It was asked if she brings the horse home and she answers occasionally she brings it home to ride to Massasoit State Park. Dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H., Eng. & Cons. were read into the record. Opposition letters from Jeff & Julie Anderson, 115 Highstone S. and John & Nancy Carreiro. 46 Wilderness Way were read into the record. Brittany doesn’t agree with the amount of waste they cited in their letters. George asked is the barn kind of small? She stated she will have 10 x 10 stalls with 3 separate entrances. George says she’s far enough away from the stream. George says that horses keep the fisher cats and coyotes away. John J. stated he’s a horse lover and is looking at this and it’s kind of close. He asked if it could be moved? Brittany says she can move it to be 90 feet from Anderson’s house. Chairman Ackerman suggests moving it to be 90 feet of Anderson house, remove manue one a week and store in covered container. Steve says the E. Taunton zip code 02718 is by standard an agricultural zip code. Public Input: Juliana Rubini, Lakeville, Ma. stated she has never had a problem with odor and hers are 80 feet away from her house. She stated the statements made in the opposition letters are not consistent with her experience with horses. Jeff Anderson, 115 Highstone St. stated they were happy for her when she won her horse. They love Brittany like a daughter but has great concerns. He stated they 6 were going to buy a house in Lakeville but didn’t because of the horse next door. He stated Brittany said no trees would come down but he says trees will have to come down for the barn. He is worried about this well which is less than 40 feet from property line. He has lived there or 34 years and doesn’t want pests, rodents, flies. His well is the biggest concern. Mike Arruda, Water Supt. stated he’s not against this but wanted to bring to the board’s attention there is a brook near her property that runs to Elders Pond which is the city’s drinking water. He wants to make sure it doesn’t get contaminated. George suggested putting fence up and John points out there is a fence already. John Carreiro, 46 Wilderness Way also submitted letter opposed. He asked if the Board of Health submitted letter and it was answered yes. The secretary read it into the record again. Mr. Carreiro’s concerns are horse flies, manure, and rodents. Motion made to Grant with the following conditions: 1. Move paddock area to be a minimum of 90 feet from house at 115 Highstone Street 2. Remove manure once a week and store it in covered trailer 3. Feed to be stored in sealed container. 4. Paddock area moved to have a 10 foot rear setback 5. City Engineer must approve the design to ensure no additional runoff to protect watershed. Vote: Vieira, Ackerman, Faria, Joyce, Moniz ………..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 Brant Haworth Case #3789 Henry 3 Myrtle St. For: A Variance from Section 440-704 and Section 440 Attachment #3 of the Zoning Ordinance for the conversion of a single family to a 3 family on a lot having 2,943 sq. ft. of lot area & dry area (instead of 10,000 sq. ft. of lot area & 8,000 sq. ft. of dry area) with 60 feet of frontage (instead of 75’) with a waiver of the parking from 6 spaces to 2 spaces. For the Petitioner: Sedley Henry, 3 Myrtle St., Taunton, Ma. In favor: None Opposed: None Dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H., Eng.& Cons. were read into the record. Mr. Henry states he 7 bought the home in 2018 and he wants to convert it to a 3 family. The lot is irregular shape and has an empty lot next door and he might ask if he can use for parking. He cleaned up property 6 years ago. Chairman Ackerman stated the lot is under 5,000 square feet and he’s asking for a waiver of 4 parking spaces. Chairman Ackerman said he cannot support this. John J. stated there is no parking and there is no parking on the street either. John is very familiar with the street and there is no room for any more cars on the road. John said he can’t in good conscience grant the relief. Jake agrees the lot is very small Public Input: none. Mr. Henry asked what about 2 family and John J. says you still need waiver of parking. Motion made to Grant as presented: Vote: Vieira, Ackerman, Faria, Moniz, 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 Strong Tree Engineering OTHER BUSINESS: Letter from Malloch Construction Co. Inc., - requesting release of any outstanding monies for Driftwood Estates - Comp. Permit Motion made and seconded to continue to next month to get some dept. comments. Vote: Vieira, Faria, Joyce, Ackerman, Moniz…Yes Continued to 8-22-24 Letter from Chapa – 105 Metacomet Ave. – informing of an affordable unit for sale Motion made and seconded to refer to the Municipal Council to see if the City wants to buy. Vote: Faria, Vieira, Ackerman, Joyce, Moniz…Yes Letter from Planning & Conservation Director – relative to moving monthly stipend payments Letter from Direct of Planning relative to moving to monthly stipend payments. Steve said he just saw this and wanted more time. Motion made and seconded to table to Aug. 22nd meeting. Vote: Ackerman, Moniz, Joyce, Faria, Vieira….Yes. The secretary will email all members copy of letter explaining the change.. Meeting adjourned at 8:54 PM 8