CITY OF TAUNTON
ZONING BOARD OF APPEALS
MAY 13, 2010
Members Present: Chairman Ackerman, Amaral, Joyce,Berube, Medeiros, Staples and Joyce.
Meeting called to order at 6:47 PM
Wayne made motion to accept April 8, 2010 minutes, seconded by Joe. All in favor.
Summer Schedule – July & August meeting - Discussion took place regarding the summer schedule. Possibly re-scheduling July meeting and having no August meeting.
Peter made motion to re-schedule July 8th meeting to July 15th and have no August meeting. Seconded by Wayne. All in favor.
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 # 3017 Frenette 815 Middleboro Avenue
Chairman Ackerman read letter from the Asst. City Solicitor requesting a continuance on this case. Chairman Ackerman asked the secretary to go to the Law Dept. for legal guidance. He recommends the Board grant the continuance per the Law Dept. Troy disagrees with the continuance. He stated the Attorney is here tonight. He asked what took the Law Office so long in forwarding their recommendation. He didn’t want to continuance based on the Law Office’s request. John asked Atty. Strojny if he was agreeable to the continuance? Atty. Strojny answered he didn’t have a problem but would have appreciated the Law office giving him a copy of their opinion. Joe stated that when any department requests a continuance the board should consider it. Troy doesn’t want to continuance and
find out next month they need more time. He stated they should have had their opinion in a while ago. Chairman Ackerman informed the Board that it was brought to his attention there may be some issues and he then sent the Secretary to the Law Dept. for guidance and this letter was submitted. Wayne stated all department comments are tools in voting on cases. After some more discussion regarding city department comments it was the concensus of the Board to allow continuance. Wayne suggesting asking the Law Dept. to submit their findings one week prior to the June meeting. Wayne also suggested providing a justifiable answer in writing if they won’t be ready.
Motion made and seconded to continue until next month and send letter to Law Dept. forward their response one week prior to the June 10th meeting or a justifiable reason why they need additional time.
Vote: Amaral, Medeiros, Berube, Wasylow, Ackerman…….Yes
Petition continued.
Case #3015 Bisio 80 Johnson St.
Hearing held on May 13, 2010
A Variance from Section 6.3 to allow the construction of a 18 x 22 garage having a 4 foot & 6 foot sideline setback (instead of a15 feet.)
For the Petitioner: Judith Bisio, 80 Johnson St., Taunton, Ma.
In Favor: None
Opposition: None
Ms. Bisio states she wants to take down old depilated garage and re-build in the same footprint. The old one is on bricks and cinderblocks and she wishes to put new concrete foundation to make garage useable. Wayne asked the size? Ms. Bisio answers 18 x 22 to replace the one that has been there for years. No one in favor or opposed. Chairman Ackerman read letters from the City Planner, B.O.H., Conservation Commission, Fire Dept. and Water Dept.
Motion made and seconded to Grant as Presented.
VOTE: Medeiros, Berube, Wasylow, Ackerman, Amaral,..……... Yes
Petition GRANTED:
Case #3016 Baptista 1219 Bay St.
Hearing held on May 13, 2010
A Variance from Section 6.3 to allow the construction of a 24 x 28 garage having a 7’4” setback instead of 15 feet.
For the Petitioner: Daniel Baptista, 1219 Bay St., Taunton, Ma.
Mike Mendonca, Contractor, 69 Holland Rd., Assonet, Ma.
In Favor: None
Opposition: Alvaro & Maria DaRosa, 1185 Bay St., Taunton, Ma.
Mr. Baptista stated he wishes to close the existing garage and use it for space and construct new garage on other side of house. The problem with the existing garage is that water from the street gets in there. Joe asked what size garage he has now? Mr. Baptista answers 1 car garage. He wishes to put new garage on other side. The old driveway will be landscaped. Chairman Ackerman suggest possibly moving garage to have bigger setback. Mr. Baptista stated the plans show a 28 by 28 but he really wants a 24 by 26, the plans were incorrectly drawn up. He modifies his request for a 24 x 26 garage. Wayne asked what would be above the garage? Mr. Baptista answers living space? Wayne asked if it would be additional rooms? Mr. Baptista states yes, but there will be still only a 3
bedroom house. Chairman Ackerman asked if the driveway will be on other side? Mr. Baptista answers yes, the engineer should have put that on the plans. Chairman Ackerman suggests moving or turning garage? Mr. Baptista stated he doesn’t think he can do that, because then he would closer to Lake Sabatttia. Mike Mendonca, builder, 69 Holland Rd., Assonet, Ma. Mr. Mendonca stated even if they turn the garage the closest point will still need variance. Chairman Ackerman suggesting turning garage to be 26 x 24? Mr. Mendonca stated the driveway drops down from the house. John stated pushing away from water. Wayne asked about driveway? It was noted that there is a horseshoe driveway. Maria DaRosa, 1185 Bay St. spoke in opposition. She submitted letter also. She stated she has lived there for 28 years and thinks Mr. Baptista is an excellent neighbor but she has concern with her house being too close to property
line. They have baby in that bedroom on that side of the house. They are concerned with fire and the closeness of two buildings and the re-sale of the properties. Chairman Ackerman pointed out that the garage is being reduced 2 feet by the petitioner. John asked how far her house is from property line? Ms. DaRosa stated it’s only about 6 feet and noted the plan is inaccurate. There was some discussion about the plans and if the neighbor’s property was property placed on plans? Joe recommending continue and getting new plans showing the DaRosa house correctly placed on plans. The secretary scaled the plans and it shows about 70 feet and Mrs. DaRosa states that is not correct. It was suggested pushing the house back further behind the chimney to get a larger setback.
Motion made and seconded to Continue and petitioner provide an accurate plot plan showing neighbors property and move the garage back.
VOTE: Berube, Wasylow, Ackerman, Amaral,..……... Yes
Medeiros …………………………………………………No
Petition CONTINUED:
Case #3009 Cabral 390 Washington St.
Hearing held on May 13, 2010
A Variance from Section 6.3 to the re-construction of a pre-existing non-conforming building for residence use as a 6 unit apartment building without having the req’d. lot area, dry area, and units per acre.
For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma.
In Favor: None
Opposition: Tim Maher, 396 Washington St., Taunton, Ma.
Martin Powers, 19 Jackson St., Taunton, Ma.
Cary Crossman, 10 Jackson St., Taunton, Ma.
Letter from Mr. & Mrs. Joseph Anctil, 396 ½ Washington St., Taunton, Ma
Letter from Gill & Lisa Enos, 24 Jackson St., Taunton, Ma.
Letter from Kathryn M. Rogers, 407 Washington St., Taunton, Ma
Petition signed by 60 abutters opposed.
Atty. Gay stated this case was continued from March due to a technical error with the legal advertisement. During that time they had a chance to look at letters from department and now are asking for 4 unit not 6 units. The Board allowed the amendment to 4 units. Atty. Gay stated that there will be 2 apartments, one being fully handicapped accessible and 2 more 2 bedroom apartments on the second floor. Atty. Gay stated they were going to re-construct the bakery with 17 parking spaces and there would have been parking on Jackson Street with a drive-thru. After receiving plans and taking a look at the financial plans they discovered it would not be feasible to do bakery. This is one of the few independent bakeries left in the City. All area supermarkets now have bakeries. Atty. Gay stated it’s impossible to compete with Dunkin Donuts, Starbucks, Honey Dew Donuts event with the limited seating the Board granted. Atty. Gay stated they are now asking for a change from
commercial to residential. There will be less parking required for residential and there will be no parking on Washington Street. Atty. Gay stated the property is unique in that it’s located in the Urban Residential District but has been historically been used for commercial purposes. The property has 13,391 sq. ft. instead of 15,000 sq. ft. and the residential use will be in conformity with the surrounding properties. Atty. Gay stated that in September Mr. Cabral had every intention of re-constructing the bakery. Chairman Ackerman stated that if this Board grants the relief he would still need to the Municipal Council for a Special Permit for 4 units in a URD. Atty. Gay stated is aware of that but this is the first step. Atty. Gay stated that after reviewing plans and speaking with the City Planner 4 units seems more reasonable that 6. John stated that aside from the general concerns with the exit only onto Jackson
Street. He cannot vision children riding bikes, playing in this area. He suggests closing the exit from Jackson Street and replace with green space. Wayne remembers original hearing and it was a shame what happened to Mr. Cabral, who is a hardworking guy who he admires. But that proposal was to re-build on small lot using the existing footprint. Wayne thinks it’s too big for this lot. He would rather see scaling down size of building. Wayne stated he understand that the financial gain governs him to change from commercial to residential. But Wayne cannot help but think the lot is simply too small for 4 units. He would rather see a smaller building footprint with a duplex style house. Opposed: Tim Maher, 396 Washington Street, stated at last hearing he was in favor. He doesn’t know the Cabral and is very sympathetic towards the state of the bakery. He was here last time and was
wondering about 12 Jackson Street, the abutting property that was to be combined with this one? He feels very aggrivated about 12 Jackson Street because now they have no yard. This is not the neighborhood for a 4 unit building. He submitted petition signed by 62 people opposed. Joe asked Mr. Maher what would be a good proposal? He would like to see something more like a duplex with restriction. This intersection is very bad and they have never had a problem with the bakery. Cary Crossman, 10 Jackson St., opposed. At the last meeting they said they were going to clean up brush at 12 Jackson Street and nothing has been done. They are proposing 4 units they could be 2-8 children and there is not really yard. The bakery building has been hit and a residential apartment building doesn’t belong there. Opposed: Martin Powers, 19 Jackson St., stated at the last meeting all the petitioner wanted was to re-building
bakery and now several months later it’s different story? He asks the Board to looks at the whole picture, the bad intersection, school bus stop and the building being hit. The residential use will create parking problems and the lot is undersized for one and they want 4 units. He asked if the financial plans will change again and he will come back for something else? Opposed: Bill McGowan, 20 Jackson St. stated he has been there a long time and everyone is sorry for the fire that destroyed the bakery. The building is now being vandalized and it s an eyesore. This is a very close knit neighborhood and to cluster a 4 unit apartment building on a substandard lot does not fit into the neighborhood. The Correia’s house (across the street) has been hit many times and this one of the worst intersections in the City. Many many years ago his mother was hit at that intersection. Chairman Ackerman read letters from Mr.& Mrs. Anctil, 396 ½ Washington St. in opposition. Letter from
Gill & Lisa Enos, 24 Jackson St opposed. Letter from Kathryn Rogers, 407 Washington St., opposed. Chairman Ackerman read dept. letter from the City Planner, B.O.H., Conservation Commission, Fire Dept., and Water Dept. Atty. Gay stated the last time they were here they had every intention on putting bakery back but Art’s Bakery is essentially Arthur Cabral. He stated the number of parking spaces will be reduced and more greenery. Mr. Cabral is 65 years old and he’s working on one leg and has been working for a very long time. He stated the long term solution is residential not business. Wayne sympathizes with the petitioner but would rather see duplex style house on smaller footprint. Wayne stated 6 units is laughable and 4 units is unreasonable. The entire Board showed a lot of sympathy and granted relief to re-build the bakery. Several Board members thought the building should be moved back to have a bigger setback. Joe
stated reducing to 4 units and closing off the exit from Jackson Street. He stated the proposed units will be 934 sq. ft. which is not that big. However; he could be bigger duplex. He would rather see small business. John stated you cannot count on only 2 people living in 2 bedrooms and where are the children going to go? He stated homes are better supervised than apartment buildings. He would rather see duplex. Wayne listened to the discussion and believes the lot is simply too small for 4 or 6 units. He stated, in his opinion, a residential use is better than a business but a smaller footprint with single or duplex. The proposed building is not aseptically compatible to the surrounding buildings. He admires Mr. Cabral but humbly disagrees with him.
Motion made and seconded to Grant as Amended with the following condition:
1. Eliminate the exit onto Jackson Street. Replace with some type of landscaping.
VOTE: Amaral, Medeiros ……......... Yes
Ackerman, Wasylow, Berube,………….No
Petition Denied:
Motion to adjourn meeting at 8:30 PM.
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