Zoning Board of Appeals

MINUTES ZONING BOARD OF APPEALS August 22, 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 6:08 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 July 25, 2024 seconded by George. 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’) Atty. Thomas stated they need addition time as some recent information was brought to their attention. He requests a continuance to next month and the time-frame has been waived. He will also pay the $100 continuance fee. Motion made and seconded to grant the request for a continuance to September 26, 2024. Vote: Ackerman, Faria, Vieira, Joyce, Moniz………Yes. Case #3456Amendment Waterman 250 Lakeview Ave. ( 25-72 & 25-73) For: 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’. For the Petitioner: Peter Waterman, 250 Lakeview Ave., Taunton, Ma. In favor: Ron Waterman, on behalf of his brother Brian Cutu, 748 Rethburst St., Blackstone, Ma. Opposed: None Mr. Waterman explains the missing information from last month was the overlay plan showing what was proposed and what was actually built. He submitted As-Built plans by 1 Allen & Major’s engineers showing overlay. Public Input: Debra, Peter’s significant other, spoke about how hard he’s been working to get all the information so he can get occupancy permit. He wants to get in house and have his daughter live there too. Public Input: Brian Cutu, 748 Rethburst St., Blackstone, Ma. stated Peter has been working diligently in getting information the Board requested. It was noted he was the neighbor’s son. Ron Waterman, brother to petitioner. He passed out paperwork and piece of wood representing the size that the house was off. He stated now all 4 conditions are satisfied and hopefully the Board can grant variance and they can move forward. Motion made and seconded to grant as presented: Vote: Ackerman, Vieira, 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 Allens & Majors Case #3790 Linhares 27 North Walker St. For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance for the construction of a 24’ x 24’ garage having a 10 foot side setback (instead of 25 feet) For the Petitioner: Atty. Edmund Brennan, 174 Dean St., Unit B, Taunton, Ma. Stephen Linhares, 27 North Walker St, Taunton, Ma. In favor: Ed & Janis Nowak, 25 North Walker St., Taunton, Ma. Opposed: None Atty. Brennan states this is the old Shape Estates property which was first developed in 1754 with the first part of the structure. They are asking for a 10 foot side setback instead of 25 feet for the garage. The house is located on one side of property, along with landscaping stonewalls, gazebo and trees prevent them from complying with setback. They want to save the large maple tree too. Chairman Ackerman asked him what the hardship was and Atty. Brennan say the location of the house, driveway, stonewall, large trees and topography. If they move garage they would block the windows from house and it wouldn’t be in line with the other houses. George asked what kind of garage are they proposing and Mr. Linhares says it will be compatible with the house. Craig complimented on how nice house looks. Letter from Ed & Janis Nowak, 24 N. Walker St. in support. Dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H., Eng.& Cons. were read into the record. Letter from Ed & Janis Nowak, 25 No. Walker in favor. Public Input: No one in favor or opposed. Motion made to Grant as presented: 2 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 Senna Fitzgerald Gilbert Assoc. Case #3791 St. Anne’s Credit Union 130 High St. For: A Special Permit from Section 440-503 and a Variance from Section 440-706 of the Zoning Ordinance to allow an additional 22.75 square feet of signage on one of the existing free-standing signs and to allow five 4 foot high directional signs on premises situated at 130 High St., Taunton, Ma. For the Petitioner: Bethany Leonard, Poyant Signs, 125 Samuels Barnet Blvd., New Bedford, Ma. In favor: None Opposed: None Bethany explains she represent St. Ann’s Credit Union and they want to put additional signage at their new location at 130 High St. They need Special Permit for additional signage and variance for the 3 directional signs. Clerk Vieira read letters from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H., Eng .& Cons. were read into the record. John stated he agrees with the City Planner & City Engineer about impeding vision. Steve asked how far is the sign from street and it was answered 9 feet. John had issue with these electronic signs and he won’t be supporting this. George has no issues with the proposal. Public Input: No one in favor or opposed. Motion made to grant with the following condition: 1. Reduce the five 4 foot high direction signs to 3 feet in height. Vote: Vieira, Faria, Moniz, Doherty……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 Poyant Signs. Case #3792 Lopes 22 Harrison St. For: A Variance from Section 440 Attachment #3 of the Zoning Ordinance to allow 26’ x 60’ garage having a 10.2’ side line setback (instead of 15 feet) For the Petitioner: Greg Logan, contractor on behalf on Michael Lopes 3 In favor: None Opposed: None Greg explains the owner, Michael Lopes owns this parcel of land and the one on the westerly side. He wishes to put a garage so he can put stuff inside. He has been having trouble with vandalism and his father and daughter live here. They want to eliminate the sheds on the property. The topography of the land results in needing a variance. Chairman Ackerman asks how many cars will fit in garage and Greg answers 4 .Greg says the petitioner’s dad has a 1972 dodge pickup of which he remodeled and wishes to keep inside and safe. John asked if this garage would be for residential purposes only and Greg answers yes it’s only for the family house to use. Greg stated Mr. Lopes has all his commercial vehicles are stored near Strojny Glass. Some members were curious as to why the garage is so big. Greg explains they want to put dodge truck, tractor and all the stuff currently in the sheds in garage. John just wanted to make sure the property isn’t being used for commercial. He did say the property is kept nice. There have been various problems with vandalism and this will keep all their stuff safe and orderly. They will be cleaning up the yard. Seth asked what the second floor would be used for? Greg answers storage for all stuff in sheds. Public input: No one in favor or opposed. Chairman Ackerman read letters from City Planner, Conservation Commission, Engineer, Fire Dept., Water Dept., and B.O.H., Eng. & Cons. were read into the record. Motion made and seconded to grant with the following conditions: 1. Sheds to be removed as testified at hearing 2. No commercial vehicles allowed – residential use only Vote: Ackerman, Faria, Moniz, Joyce….Yes Doherty ……………………………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 Outback Eng. OTHER BUSINESS: Letter from Malloch Construction Co. Inc., - requesting release of any outstanding monies for Driftwood Estates - Comp. Permit Dept. comments from City Planner, Conservation Commission, and City Engineer. Motion made and seconded to release any remaining money to whoever is entitle to it. Vote: Ackerman, Vieira, Faria, Moniz, Joyce……Yes Letter from Planning & Conservation Director – relative to moving monthly stipend payments Letter from Direct of Planning relative to moving to monthly stipend payments. 4 Chairman Ackerman stated both the Planning Board & Conservation Commission have voted to approve the change. He and George talked to the City Planner and it will be easier and more efficient to do it this way so he recommends approval. Craig made motion to approve the move to monthly stipend payments, seconded by John D. All in favor. Letter from Louise Glass about re-zoning parcel of land on Prince Henry Drive – Received and placed on record. George stated the P.B. & Council have hearings on zoning changes. Meeting adjourned at 7:06 PM 5