CITY OF TAUNTON
ZONING BOARD OF APPEALS
JANUARY 14, 2010
Members Present: Dennis Ackerman, Peter Wasylow, Wayne Berube, Joseph Amaral, John Joyce and Michael Staples.
Meeting opens at 6:48 PM.
Peter made motion to accept minutes of December 10, 2009, seconded by Joe. All in favor.
Chairman Ackerman welcomed new member Michael Staples to the Board.
ELECTION OF OFFICERS – CHAIRMAN & CLERK
Peter made motion to nominate Dennis Ackerman for Chairman, seconded by Joe.
Roll call: Staples, Berube, Wasylow, Amaral, Joyce…. Yes.
Ackerman abstains…….
Dennis Ackerman was elected Chairman
Joe nominates Peter Wasylow for Clerk, seconded by Wayne.
Roll Call: Staples, Joyce, Amaral, Ackerman, Berube…..Yes
Peter abstains…
Peter Wasylow was elected Clerk.
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.
Chairman Ackerman stated the petitioner is requesting another continuance. He stated he would like to convey to them this is the last continuance for this case. Send letter to Attorney Pietnik informing him that at the next meting the Board will hear this case or they can withdraw.
Joe made motion to grant continuance informing them this will be the LAST CONTINANCE ON THIS CASE. Seconded by Wayne. All in favor.
Case #3002 Smith & Charney 1075 Rocky Woods St.
Hearing held on January 14, 2010
A Special Permit from Section 7.9 for the Renewal of an Accessory Dwelling Unit in a RRD (See Case # 2658 )
For the Petitioner: Amanda Charney, 1075 Rocky Woods St., Taunton, Ma.
Denise Smith, 1075 Rocky Woods St., Taunton, Ma.
In Favor: None
Opposition: None
The Board asked if there were any changes? Ms. Smith & Ms. Charney answers, no they still live there. They are just asking to renew. No one in favor or opposed. 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:
VOTE: Amaral, Ackerman, Wasylow, Berube, Joyce ....……...Yes
Petition Granted:
Fire Inspector – Discussion on department comments
Captain Robert Bastis, Inspector for the Taunton Fire Dept. stated he wanted to clarify the way his comments are viewed by the Board. After receiving a letter from a local Attorney who represented a case of a 2 family to a 3 family . When the applicant came before him for building permit he indicated what he had to do. The Attorney send him letter informing him that the ZBA did not impose his comments as conditions of the approval of variance, therefore, not requiring them to comply. Capt. Bastis comments were relative to the existing units and their argument was that he had only jurisdiction over the new unit. He respectfully disagrees with the local Attorney. Chairman Ackerman stated when he reads the letters into the record he thought if it was a building code, fire code, etc. the applicant
MUST comply. He suggests if the suggestion or recommendations is “above and beyond” the local code or regulations, then specify that. Capt. Bastis indicated that this unit was illegally occupied as a 3 family and the owner was informed of the new code requirements. Capt. Bastis stated the existing units falls under the State Building Code but the illegal unit must comply with more stricter requirements.
Peter stated he is assuming the applicants have to comply with all the rules & regulations of each department. Wayne stated that Attorney Gay and Atty. Costa gave their opinion of the law and the Fire Dept. respectfully disagrees. They suggest you cannot require anything above and beyond the code inside of the building. Wayne stated the Fire Dept. is not violating (in his opinion) Chapter 40B Section 3. The Fire Dept. is not restricting the use as they are stating. Capt. Bastis stated the new unit will be in compliance and the other units should be afforded the same in regard to safety & protection. John states they Chapter 40A Section 3 clearly stated it’s a vote of the Board and he doesn’t agree with their interpretation of that law. Capt. Bastis stated when the
applicant came to the Department he made an argument about this. The Board asked if anyone has challenged his requirements? Capt. Bastis answers this is the first one in 14 months as Captain. He had the authority to hold up the Certificate of Occupancy Permit. John asked what happened? Capt. Bastis stated the applicant complied but only after several letters going back and forth. He conducted an inspection last week with the Attorney present and all was done. John pointed out the applicant hire an Attorney to fight this rather than just do it and in the end he complied with rules? John stated in some isolated cases, the Board doesn’t want to adopt all the conditions. Wayne stated he would want the whole building unified and he determines the Fir e Dept. was within their scope of jurisdiction.
Chairman Ackerman asked that Capt. Bastis specify in his letter what is the law and what is a recommendation and the Boar will vote accordingly.
OTHER BUSINESS:
Update from Board of Health – Relative to Requirements for Municipal Sewer/Septic Systems
This request was initiated from ZBA member Troy Medeiros at November’s meeting. Letter from Asst. Exec. Director Adam Vickstrom. Chairman Ackerman suggesting sending copy to each Board member.
Chairman Ackerman at this time informed the Board that the Secretary researched the legality of the legal ad and just putting the Chairman’s name on the legal ad, which would save in advertising costs to the applicant. He just wanted to inform the Board of that. The Secretary informed the Board she spoke to Asst. City Solicitor Jordan Fiore relative to this and the law doesn’t require any board members name.
John voted having this continent on getting legal opinion in writing, seconded by Joe. All in favor.
Chairman Ackerman informed the Board of the working session between 2 attorneys for Pineridge Condos on Hart Street. John has volunteered to accompany the Chairman to this. Chairman Ackerman informed the board there will be NOTHING approved without coming back to the ZBA for a public hearing. He had meeting with the new City Solicitor and Atty. Mitchell. This is a mediation meeting and not the Housing Appeals, and that won’t be until February. It was noted the ZBA are the only ones who can make decision on this.
Meeting adjourned at 7:20 PM.
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