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2-111-10

CITY OF TAUNTON
ZONING BOARD OF APPEALS
  FEBURARY 11, 2010     

Members Present:  Dennis Ackerman, Peter Wasylow, Wayne Berube, Joseph Amaral, John Joyce and Michael Staples.   
 
Meeting opens at 6:45 PM.

Peter made motion to accept minutes of January 14, 2010 seconded by Wayne All in favor.

Cont’d. Case # 2984           The Laboratory Inc.                             109 Weir St.
A variance from Section 5.2 to allow a Body Piercing/Tattoo Establishment in a Business District.                                                                                        

Letter from Atty. Pietnik requesting to withdraw without prejudice.
Vote:  Ackerman, Amaral, Berube, Medeiros, Wasylow….Yes
Petition withdrawn without prejudice.

Case #3003                                Cabral                                             Hoover St.
A Variance from Section 6.2 & 6.3 to allow the development of a lot having 10,000 sq. ft. (instead of 15,000 sq. ft of lot area and 11,250 sq. ft. of dry area)  
                                         
Letter requesting a continuance until next month.   
Motion made and seconded to Grant continuance.
Vote:   Ackerman, Amaral, Wasylow, Berube, Medeiros……..Yes
Petition Continued.

Chairman Ackerman explained the process of which the ZBA conducts its meetings.  They listen to the petitioner/Attorney, then opposition or in favor and then back to the petitioner. They do not go back and forth.   
                                                                                                                                                                                                                                                                                                                  
Case #3004                           Gotham                                     6 Belvoir Avenue
 A Variance from Section 6.3 to allow the division of one lot into two lots with one lot having 10,000 sq. ft. (instead of 15,000 sq. ft of lot area and 11,250 sq. ft. of dry area)  

For the Petitioner:  Atty. Edmund Brennan, One Church Green, Taunton, Ma.
                                                                                                                                                  
In Favor: None
Opposition:  Karen Claudio, 39 Woodbine St., Taunton, Ma.
                    Peter Hultman, 14 Belvoir Ave., Taunton, Ma.

The petitioners have owned this property since 1973 which consist of 5 50’ x 100’ lots located in the Urban Residential District.  The house they reside in is located to the east side of the property.  They are proposing to split the lot and have the existing house on a conforming lot and the new lot would require variances.  The lot size is compatible with the neighborhood.  If the large side yard was to the rear of the house it would be more suitable and useable to the existing house.   Atty. Brennan stated this size is very consistent with the neighborhood.    The hardship is directly related to the large rectangular shape of the lot and having only 250 feet of frontage. Atty. Brennan stated the engineer has placed a proposed foundation, 36 x 28 showing that it well exceeds the setback requirements.  They will comply with all the setback requirements.  Chairman Ackerman asked if there was City water & sewer available?  Atty. Brennan answers yes and they would connect.  Wayne asked where the driveway is for the existing house?  Atty. Brennan stated the driveway is on the left.  Peter asked what the easement was for?  Atty. Brennan stated it’s says “utility easement” and that will remain in effect.  Chairman Ackerman suggested placing house to the left to accommodate for the easement.  Wayne asked if that’s the size of the house they are building? Atty. Brennan stated he’s not sure, it will be decided by the potential buyer.  Opposed: Karen Claudio, 39 Woodbine St., stated her only concern is the easements stays in effect. It was stated it has to.   She did state when her single family house was built her neighbor got water in basement. That was in 2003 and we had lots of rain. Chairman Ackerman informed her that there cannot be any more water on her property that what is there now. The City Engineer reviews that during the building permit process.  She is unaware of any water issues now.  Opposed Peter Heltman, 14 Belvoir St., stated he lives right next door.   The proposed house is 33 feet away from lot line and he wanted to know how far it has to be?  It was stated the requirement is 15 feet.  Mr. Heltman stated there have been trees for 75 years and are they going to be taken down?  Troy asked if he has water problem?  Mr. Heltman answers not to his knowledge.    Atty. Brennan stated they just showed a house on plans showing they can well exceed the requirement.   Atty. Brennan answers about the utility easement and they will be maintained.  Atty. Brennan suggests putting 30 feet (double the requirement) side setback.   Atty. Brennan stated that when the neighbors’ hose was put in there were probably some grading changes.   Chairman Ackerman suggests a 36 foot sideline setback to help the neighbor.   Joe agrees with the Chairman about the 36 feet.  Chairman Ackerman read letters from the City Planner, Fire Dept., B.O.H., Water Dept. and Conservation Commission into the record.    John stated the assumption is that the owners do not want the house too close to them or else they would have put the lesser setback near them.   John, in his opinion, thinks the existing owns should bear the burden instead of the neighbors.  Troy agrees with the submitted plans showing 33 feet sideline setback.  John stated the plans work for the owners not the neighbors. Wayne states it’s two edged sword.   He thinks a reasonable plans was submitted and 3 feet would much of a difference to the neighbor.  

Motion made and seconded to Grant with the following conditions:

1.      Lot 1 restricted to Single family only.
2.      House on Lot 1 to have a minimum of 33 foot setback on the westerly sideline.
3.      Lot 1 must be serviced by Municipal Water & Sewer.
4.      The existing water runoff must remain the same.
    
 
VOTE:   Amaral, Ackerman, Wasylow, Berube, Medeiros.. ...……...Yes

Petition Granted:  

                                                                                                                                                                                                                                                                                                                  
Case #3005                                  Quinn                                         120 High St.
A Variance from Section 7.5.6  to allow the replacement of the existing free-standing sign with a 138 sq. ft & LED message display (100 sq. ft.)

For the Petitioner: Terry Quinn, Alan & Walker Insurance Company, 120 High St., Taunton, Ma.
                              Geoff Diehl, Account Exec., Poytant Signs, 125 Samuel Barnet Blvd, New Bedford, Ma.

                                                                                                                                                
In Favor:  Joyce Slater, Bank of America, 130 High St., Taunton, Ma.
                 Donna Horvath, Taunton Cat Hospital, 56 Winthrop St., Taunton, Ma.
                 Michael Broutsas, DDS,  54 Winthrop St., Taunton, Ma.
                 Renita Turner, 129 High St., Taunton, Ma.
                 Donald Cleary, Chairperson, Taunton Lodge, 119 High St., Taunton, Ma.

   
Opposition:  None

Mr. Quinn states he’s asking permission to put up new sign with the “town crier” on it. They had old sign but it was hit and replaced and then stolen.   He wishes to put an electronic message board that will comply with the city ordinance.  John asked what the regulations are relative to electronic message boards?  It was noted there is a new ordinance that regulates the messages.  Chairman Ackerman asked if they could put storm warnings, etc on Board?  Mr. Diehl answer yes they regulate what goes on the sign.   Letters from the City Planner, Water Dept., Conservation Commission, B.O.H. and Fire Dept. were read into the record.

Motion made and seconded to Grant as Presented.    
 

VOTE:  Berube, Wasylow, Ackerman, Amaral, Medeiros.......……...Yes

Petition Granted:  

                         
Case #3006                        Torres                                          491 W. Water St.
Hearing held on February 11, 2010   

A Special Permit from Section 5.2 to allow automobile parts, sales and repair in an 80 x 22’ area totaling 1,760 sq. ft. in an Industrial District.    

For the Petitioner:    Wilfredo Torres, 26 Myrtle St., Taunton, Ma.
                                                                                                                                                                                
In Favor: None
   
Opposition:  None


Mr. Torres explains how he wishes to have his own business selling used tires and selling cars, 4 cars at 491 W. Water & Fifth streets.    His goal is to have his own business and he has been leasing the bay since last year.  He wishes to provide affordable prices for used tires to the community.  He has been working in Taunton for 10 years and has lived her for the past 4 years.  Chairman Ackerman has some concerns relative to the Fire dept. and Building Dept. comments.  There was an inspection conducted by both departments this week and we can move forward.  Letters from the B.O.H., Conservation Commission, Fire Dept. and City Planner were read into the record.  Peter asked what kind of business? Mr. Torres answers selling used tires and having auto sales for only 4 vehicles.   He is proposing to leave his good job and start his own business.  He has 6 children and he knows he taking a change opening his own business.   John asks you have been leasing this bay but not running any business from it?  Mr. Torres stated that is correct, he is aware the City is aware there is some illegal business in the adjacent bay.  He stated he has been leasing since last year and his lease is up in April Wayne asked Mr. Torres his age? Mr. Torres answers 35 and Wayne commended his on a good job presenting his case.
Joe asked if he had job now?  Mr. Torres stated yes but he has told them he’s leaving to start his own business.  He may be out of a job by March.   John stated he is aware of business in there?  Mr. Torres states he’s not  working over there  yet it’s the other bay.  Wayne asked if he knew if there were any used car licenses available?  Mr. Torres states you need an address because you can apply for one.     Joe was under the impression he would need auto repair license too.      Mr. Torres stated wants to sell a few cars, sell used tires and some repair.  There was some discussion between board members if they should continue to see what type of licenses are needed.   It was suggested perhaps continuing until next month.  Mr. Torres pleaded they move forward as he is took time off to go through this whole process. He doesn’t want to be penalized
because the  owners didn’t  do this.  The Board discussed and it was concluded they could grant approval and let him seek the required licenses permit that are needed for everything he wants to do.   Atty. Gay stepped up from the audience and stated under the zoning ordinance, Section 5.2 its categorized as Automobile parts, sales & repair

Motion made and seconded to Grant with following conditions:

1.      No activity allowed until each relevant license is secured.     
2.      Hours of Operation: Monday – Sunday 6:00 AM – 8:00 PM
3.      The business needs to obtain a Hazardous Materials Control Regulation Permit before the business can open and operate.
4.      Proper backflow protection will be required prior to occupancy.
5.      No vehicle parts shall be stored outside of the building.
6.      No more than 4 unregistered vehicles shall be stored on site at any one time and no more than 4 unregistered vehicles shall be parked outside of the building at any one time.    
7.      Updated fire alarm and sprinkler inspection/testing reports for the entire facility.   These reports are 18 months past due.
8.      Fire extinguishers installed, throughout, according to 527CMR 10.02 & NFPA 10.
9.      A permit is required for dumpsters greater than six yards 527 CMR 34.03.
10.     Building must comply with the Fire Department and Building Department comments and requirements.
11.     Petitioner is required to obtain all the necessary permits/licenses to allow automobile parts, sales & repair of vehicles.  
   

VOTE:  Amaral, Ackerman, Joyce Berube, ....……...Yes
Wasylow   …………………………………………….....No

Petition Granted:  
                                                      
Troy Medeiros excused at 8:00 PM.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
Case #3007                        Crescent Credit Union                       2070 Bay St.
A Variance from Section 7.5.3.4 & 7.5.7 to allow an additional sign (20” x 40”) for the ATM.   

For the Petitioner:  Jonah Wein, Crescent Credit Union, 11 Center St., West, Easton, Ma.
                               Scott Cashman, I.D. Graphics, 9 Bristol Dr., So. Easton, Ma.

                                                                                                                                                
In Favor: None
   
Opposition:  None

Mr. Wein stated they came before the ZBA a couple of months ago for approval for an ATM sign under the canopy.   They wanted to put the ATM in the window of Tedeschi Store but they won’t allow it.   Mr. Wein stated the ATM was moved because of the drive-thru for Dunkin Donuts and transactions were down by 2,000 because people don’t see it.   The sign is ready to install and now they cannot put in window.    Chairman Ackerman leases the building and he’s not aware if signage is in lease.   Chairman Ackerman has never approved an additional sign and he won’t because you can legally do it without variance by putting in window.   Mr. Wein  stated the CEO spoke with the Senior Manager at Tedeschi and they told them to put sign on building.  They said to go hearing and see what happens?   They do not want it cluttering the window.  One might think the sign is more of a “directional sign”.  Chairman Ackerman stated if this turned down he thinks there will be sign in window.       He suggests getting it in writing in new lease agreement.     Michael asks what’s the difference it’s a small enough sign? Chairman Ackerman, in his opinion, doesn’t want to set a precedent.  

Motion made and seconded to Grant as Presented to include department comments:   
1.      Property backflow is required prior to occupancy.
2.      Fire Alarm and sprinkler alternation plans must be submitted to the Fire Prevention Office for review before a building permit is signed (2 sets required)
3.      Flammable decorative materials & furniture shall conform to 527CMR 21 & 29.  
4.      Fire Extinguishers installed throughout according to 527CMR 10.02 & NFPA-10.
5.      Dumpster permit required for dumpsters six yards or greater 527CMR 34.03.
 
VOTE:  Amaral, Ackerman, Wasylow, Berube, Joyce ....……...Yes
Petition Granted:  
                                                                                                                                                                                                                                                                                                                  

Case #3008             SMS Realty Trust                    200 Myles Standish Blvd.      
A Special Permit from Section 5.2  to allow 80% (11,584 sq. ft.) Office & service use (instead of max. 20% allowed for office) and 2,890 sq. ft. of warehouse use in an ID.  

For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma.
                                                                                                                                                
In Favor: None
   
Opposition:  None

Atty. Gay stated he is requesting a Special Permit for office use that has been their since the building went it.  This property is a bank building and reason they even found out it was permitted was when the present tenant wanted to expand and went to see the City Planner.  They are proposing a small addition but now they will legalize the whole building.  Atty. Gay stated the use meets all the parking requirements.  The office use supports the business district and is compatible to the surrounding uses.  No one appearing in favor or in opposition to the request.  Chairman Ackerman read letters from the City Planner, B.O.H., Conservation Commission and Water Dept. into the record.


Motion made and seconded to Grant as Presented to include department comments:   
1.      Property backflow is required prior to occupancy.
2.      Fire Alarm and sprinkler alternation plans must be submitted to the Fire Prevention Office for review before a building permit is signed (2 sets required)
3.      Flammable decorative materials & furniture shall conform to 527CMR 21 & 29.  
4.      Fire Extinguishers installed throughout according to 527CMR 10.02 & NFPA-10.
5.      Dumpster permit required for dumpsters six yards or greater 527CMR 34.03.
 
VOTE:  Amaral, Ackerman, Wasylow, Berube, Joyce ....……...Yes
Petition Granted:  

                                                                                                                                                                                                                                                                                                                  

OTHER BUSINESS:

John made motion to go into Executive Session, seconded by Peter. All in favor.

EXECUTIVE SESSION – Regarding litigation with Non-Stop LLC vs. the Zoning Board of Appeals (See separate minutes)

The Board came out of Executive Session at 10: 30 PM.  The Board voted to schedule a public hearing to approve the proposed settlement for Thursday, March 11, 2010 at 6:45 PM.  to be held in the Chester R. Martin Municipal Council Chambers, 15 Summer St., Taunton, Ma.   


Meeting adjourned at 10: 30 PM.  

  



  













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