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7-15-10 mins.

CITY OF TAUNTON
ZONING BOARD OF APPEALS
                                                                JULY 15, 2010    

Members Present:  Chairman Ackerman, Berube, Amaral, Wasylow, Medeiros, Joyce and Staples.    
                                                                 
Meeting called to order at 6:51 PM.

Peter made motion to approve minutes of June 10, 2010 meeting, seconded by Joe. 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 # 2964 – 8 Cushman St. – Requesting a 6-month extension
Motion made and seconded to grant  6-month extension.
Vote:  Ackerman, Berube, Wasylow, Medeiros. Amaral………….Yes
6-Month Extension Granted

Case #2972 297 School St. – Requesting a 3-month extension
Motion made and seconded to Grant 6-month extension, just in case they need the extra time.
Vote: Berube, Wasylow, Medeiros, Amaral, Ackerman………….Yes
6-month Extension Granted

Cont’d Case #3025                            DaSilva                                                       12 King St.
A Special Permit from Section 5.3.4 & 5.2 of the Taunton Zoning Ordinance to allow the expansion of a pre-existing non-conforming structure and allowing a 3 family dwelling on a lot having 9,763 sq. ft. (instead of 15,000 sq. ft.)
Request to withdraw without prejudice.

Motion and seconded to allow petitioner to withdraw without prejudice.
Vote: Ackerman, Wasylow, Medeiros, Berube, Amaral………..Yes
Petition withdraw without prejudice.

Cont’d. Case # 3017                          Frenette                                      815 Middleboro Avenue.
Variance from Section 6.3 of the Taunton Zoning Ordinance to allow the division of one lot into 6 lots having 0 frontage on a public street (instead of 150 feet) but having access via Westcoat Drive, a private Way,  
Request to continue until September meeting. Also waiving the time frame on which to act on this proposal.

Motion made and seconded to grant continuance.
Vote: Wasylow, Berube, Medeiros, Amaral, Ackerman…………Yes
Petition continued until September 9, 2010 meeting

Case #3018                                         Argrew                                                   200 Winthrop St.  
Hearing held on June 10, 2010  

A Special Permit from Section 5.2 to allow a 3 –family in an Urban Residential District. .      

For the Petitioner:  Paul Patneaude, P.E., Earth Services Corp., 198 Crane Ave. South, Taunton, Ma.
                                                                                                                                                                                                    
In Favor: None  
Opposition:   None

Mr. Patneaude stated that there are actually 2 lots and they are combining then to make one big lot.  This is the site of the former Gasper’s Liquor Store on Rte 44.  They are proposing a 3 unit condo type dwelling, side by side.  They are asking for Special Permit for 3 family and will comply with all setback requirements.  Joe asked if there would be backing out onto Winthrop Street?  Mr. Patneaude answers no there will be a wrap around driveway and additional parking in back.  Each unit will have one car garage.   Troy complimented the fact that they don’t have to back out onto the street.  No opposition or no one appearing in favor.  Letters from the City Planner, Conservation Commission and BOH were read into the file.
  
Motion made and seconded to grant as presented:        

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


Case #3027                                         Couto                                                     11 Kingman St.  
Hearing held on July 15, 2010  
A Variance from Section 6.3 to allow the division of one lot into two lots with Lot 1 having 121.58 feet of frontage (instead of 150 feet) and a shape factor o 53.01 (instead of 35)

For the Petitioner:   John DeLano, P.E., 27 Jefferson St., Taunton, Ma.
                                William Couto, P. O. Box 17, E. Taunton, Ma.

In favor:  None
Opposed:  None

Mr. DeLano stated this property is owed by Mr. & Mrs. Couto and they are trying to put their affairs in order after they cannot farm anymore. They wish to separate the cranberry bog from the whole property.   There will be no change in the way the property is used.  Wayne asked about if the house is existing?  Mr. DeLano answers yes.  Joe stated this is like the previous case on Seekell Street.  No one appearing in favor or opposed to petition.  Letters from the City Planner, Conservation Commission and BOH were read into the record.  

Motion made and seconded to grant as presented:     
 

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

Petition Granted:     
                                                                                                                                                                                                                                                                                                                  
Case #3028                            Couto                                                            99 Seekell St.      
Hearing held on July 15, 2010  

A Variance from Section 6.3 of the Zoning Ordinance to allow the division of one lot into two lots with Lot 1 having 124.75 feet of frontage.  


For the Petitioner:  John DeLano, P. E., 27 Jefferson St., Taunton, Ma.
                               William Couto, 99 Seekell St., P. O. Box 17, E. Taunton, Ma.
In favor: None
Opposed:   None

Mr.DeLano states this property has been owned by the Couto family for some time and they wish to separate the existing house from the cranberry bog operation.  Right now the forman lives in the house and they wish to separate it from the cranberry business.  The remaining lot will be the cranberry bogs.  John asked if there is access via the 12 foot right of way?  Mr. DeLano states that is owned by a separate entity, Nancy Couto, and that is her right of way to get to her lot and has nothing to do with Lot 1.  Letters from the City Planner, Conservation Commission and B.O.H. were read into the record.  No one in favor or opposed to petition.  

Motion made and seconded to grant as presented:     

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

Petition Granted:     

                                                                                                                                                                                                                                                                                                                 
Case #3029                                                  Blackler                              42 Jefferson St.      
Hearing held on July 15, 2010  

A Variance from Section 6.3 to allow the division a garage (14’ x 24’) having a 4 foot sideline setback (instead of 15 feet)  

For the Petitioner: Daniel Blackler, 42 Jefferson St. Taunton, Ma.

In favor: None
Opposed:  None

Mr. Blacker stated he wishes to put garage but his backyard is very long and narrow.  The placement of the garage is so that it will be in line so he can see his children in backyard.  Chairman Ackerman stated he drove by and the lot is very narrow and you would need variance any where you put it.  Wayne asked about tree? Mr. Blackler stated that is the neighbor’s tree.  John stated he can sympathize because he too has long narrow lot.  He stated the shape of the lot warrants the approval of variance. No one in favor or against of petition.  Letters from the BOH, Conservation Commission, City Planner were read into the record.

Motion made and seconded to grant as presented:     


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

Petition Granted:     
                                                                                                                                                                                                                                                                                                                  

Case #3030                                 Koffler – GID Taunton LLC                               2089 Bay St.
Hearing held on July 15, 2010  

A Variance from Section 7.5.6 to allow an additional 44 square feet of signage on the existing pylon sign.  

For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma.

In favor: None
Opposed: None

Atty. Gay stated this petition is for additional signage on the existing free-standing sign.  There will be 3 new businesses going in, Dollar Tree, Tractor trailer and the third tenant has not yet been determined.  He stated each tenant will have a panel on the free-standing sign.  Chairman Ackerman stated this request makes sense.  John asked about the distance from the sign to the ground?  Atty. Gay stated there is at least 8 feet to the ground.  Atty. Gay stated this is the last phase of this development and there will be no need for additional signage.  The unknown third unit will have space if this is granted.  No one in favor or opposed.  Letters from the City Planner, Conservation Commission and B.O.H. were read into the record.

Motion made and seconded to grant as presented:     
  
VOTE:   Amaral, Berube, Medeiros, Wasylow, Ackerman …….……... Yes

Petition Granted:     

The Board took a break at 7:35 PM.

Case #3031                                              Larson                                                  30 Waverly St.   
Hearing held on July 15, 2010  

A Special Permit from Section 5.3.4 and a Variance from Section 7.3 to allow the change of use from Light Manufacturing to Dance School with a waiver of parking from 35 to 18 spaces.

For the petitioner:  Atty. Bruce Rich, rep. Jeffrey & Susan Larson, 125 Highland St., Unit 308, Taunton, Ma.
                    
In favor:  None
Opposed:     Robert Wilkins, 41 Waverly St., Taunton, Ma.
                    Jacqueline Neville, 33 Waverly St., Taunton, Ma.
                    Michael & Sandra Sousa, 31 Arthur St., Taunton, Ma.
                    Jeff & Denise Mattson, 26 Waverly St., Taunton, Ma.
                    Eric Durrance, 22 Waverly St., Taunton, Ma.
                    Paul & Michele Silveira, 22 Waverly St., Taunton, Ma.
                    Tim & Julie Ramey, 23 Russell St., Taunton, Ma    


Atty. Rich stated his client is seeking relief to allow her to re-locate her dance studio from the Weir to this location.  She is the owner of Spotlight Dance and she wishes to re-locate from the Weir section which is very noisey and surrounding by industrial uses.    Jeff Larson stated currently her studio offers classes from 4:00 PM to 9:00 and there is around 8 to 10 classes per day.  She is proposing to stagger the start times to reduce the number of people coming and going.  He stated that the older children are often dropped off and some parents stay with the younger children.  He stated a student can be there a couple of hours if they are taking more than one class. Wayne asked about the schedule of classes and the traffic?  He stated there is 18 parking spaces and there will be no dance recitals at this location.    Wayne asked about traffic on a typical day?  He stated at their existing location they have big parking lot which Band Stand Live also uses. Wayne looked at site and it’s a very quiet use there now.  Jeff stated it will be a hit or miss with the staggered classes.   John stated there are a certain number of people per class?  Jeff answers yes, on a good day 10-12 people per class and low day around 8 people per class.   John stated you are going to have 4 classes starting and finishing.  John has some concerns with safety and the overflow of the parking. There is a mobile home park down the road and this is an established neighborhood.  Troy asked how many students does Mandy Locke have?  Mrs. Larson answers Mandy Locke has 25 students and she has 210 students.  John stated he is primary concern is pick up times and the lack of parking.  Chairman Ackerman pointed out having 4 classes at one time including teachers and employees.  He asked how many employees?  Jeff answers 5 employees.  Don Proudman, owner stated he had 25 employees and had no parking problems.  There is room for a few more cars behind garage. Chairman Ackerman stated the number of parking spaces has to be legal parking spaces.   Chairman Ackerman stated there will be no recitals at this location.    There is a potential for 48 students with 8 – 12 classes.  He suggests if approved have a 6 month review.  Troy asked Atty. Rich the industrial use has 3 shifts with 25 employees which would be a higher impact on neighbors.  Joe asked hours of operation?  Jeff answers closed Sundays, Monday – Friday 2:00 PM – 10:00 PM, Saturday, 8:00 AM – 1:00 PM.  Atty. Rich stated they may have Mommie & Me classes Saturday morning. It was asked what is the age range of the students?  Sue answers 3 years to 18 years old.  Opposed: Rob Wilkins, 41 Waverly St., stated the ambulance visit the mobile home park about 3 times a week. Not to mention the parking problem that already exists on the street.   He asked about snow removal and there is not real parking behind the garage.  He has lived there for 40 years and there is not any more room for any more cars on the road.  Troy stated he is going to ask everyone the same question?  Would you rather see a 24 hour 7 days a week industrial use there or a dance studio?  Mr. Wilkins stated the trucks never bothered him and the business is very quiet. They arrive in morning and leave at 5:00 PM. He has never had any complaints with the.    The existing use is light manufacturing. Chairman Ackerman stated the existing use is grandfathered and any other type of use would need ZBA approval.    Opposed: Jacqueline Neville, 33 Waverly St., stated the light manufacturing there now is not and has never been a 24 hour 7 days a week..  They leave at 5:00 PM and you would never know they were there.   She had concerns with overflow of traffic and the mobile home park down the end of the road.  She stated there is traffic up and down the street all day long.     She stated between 2:30 and 3:00 PM there is a lot of traffic to park.  There are some young children than live in park.   She stated 210 students will result in a lot of noise.  She asked how many people in each class? Troy stated there is traffic there now.   Opposed: Sandra Sousa, 31 Arthur St, stated she has lived there for 22 years and the business has never operated all day like Mr. Medeiros indicates.   She stated there are a lot of older colonial houses and some even share driveway.  There is a lot of traffic between the mobile home park and school buses. She stated the staggered times will make it a nightmare.  She stated someone will get run over with the speeding and the amount of traffic.   Troy pointed out there is an towing company on Arthur Street?  Mrs. Sousa stated she has never had any issues with the previous business.   Opposed: Jeff & Denise Mattson. 26 Waverly St. stated the traffic is a logistical night mare if you had 40 cars running back and forth.  There is no room on the street for all these cars.  There are kids and elderly in the immediate area.  She has lived there for 21 years and she stated the existing business there is so quiet they had to ask the neighbors if there was actually a business there?  She stated this property is located on the corner of Marcotte Street and Waverly Street.  Mike asked if there is sidewalk? Mrs. Mattson answers no and there is no sidewalk on Butler Street and Wilson Ave that lead up to this street.   Opposed: Eric Durrance, 22 Waverly St. stated he never knew business was there and he does not want a dance studio there.  Opposed: Paul & Michelle Silvia, 22 Waverly St. states she is a bus driver and the business that have been there has never had any problems.    You may see UPS guy there twice a day and it has never been open 24 hrs. a day 7 days a week.  She stated 9:00 PM. for the dance studio is too late and she is concerned with the traffic, fire and ambulance that goes to the mobile home park and shared driveways. Opposed:  Michael Sousa, 31 Arthur St. reminded the Board that we are here tonight for a dance studio not a manufacture business. He was referring to Troy Medeiros’s comparison with the previous use.  You can’t say that the manufacturing business was there all the time and compare it to a dance studio.   John tried to explain why Troy was comparing it. Some discussion took between Mr. Sousa and Troy and Chairman Ackerman ruled Troy out of order.    Troy stated that Mandy Locke doesn’t have parking they use the ICC parking lot.  It was noted that Troy Medeiros owned the building and not the lot.  Mike stated the people park at the church.   Mr. Sousa stated he doesn’t appreciate Troy Medeiros’s intimidation. Peter stated he didn’t agree with the way Troy was questioning the abutters, and he is taking it seriously.  Chairman Ackerman interrupted and stated Troy was trying to question the abutters in a way to not intimidate them. Troy stated “what’s the big deal” having a dance studio in this area and he is in favor.  John stated just because Troy has his mind made up doesn’t mean he’s closed minded.  Mr. Sousa then asked Mr. Joyce if he was an actual voting member?  John answers not on this case and then the discussion got heated between John and Troy and Mr. Sousa.  Chairman Ackerman called the meeting to order.  Mr. Sousa wanted the minutes to reflect the conduct of the meeting. In his opinion, he didn’t’ think the Board was taking this matter seriously. Mr. Sousa stated that Waverly Street is a narrow street and the view is obstructed toward the trailer park.  Opposed: Julie & Tim Ramey,  23 Russell St. stated she didn’t’ want the increase in traffic but if they sound proofed the building the maybe they could fix some of the isues.  Atty. Rich stated the concerns of the abutters are overwhelming. He wanted to point out there are 210 student enrolled but they don’t show up all at once, in a course of a week.  She could have 8-10 kids in a class in a day.  He stated when there is a snow day they are closed, they work on the school schedule which mean closed during vacations, snow days. Etc.  Mike asked about the number of students per day?     He answers about 64 – 100 per day.  Sue answers you could have 10 years olds – 18 years olds stay for 3 hours. It‘s more likely to have parents of 4 & 5 years olds stay during class.    There may be 67 kids that stay for 1 ½ hrs. On average she can have 40  kids and if she adds Wednesdays 60 kids. Atty. Rich stated the noise is nothing to be concerned about, it’s no more than having a neighbor in yard with stereo on.  They will be soundproofing building.   She is going to have her office in back where the houses area. Atty. Rich stated if any similar business took over they go right in without coming before this Board but after listening to the owner and abutters the business has NEVER operated 24 hrs a day 7 days a week.  Troy stated they have the potential for operating  24 hrs. a day 7 days a week.  The Board discussed conditions    Peter has problem with anything staying open after 8:00 PM. because it would be a death trap in this area you are just looking for an accident to happen.  Letters from the B.O.H., City Planner and Conservation Commission were read into the record.
Wayne stated he felt this was an inappropriate location for this type of business, he fears for the elderly and the rampant increase in traffic this would create.   
Motion made and seconded to grant as presented with the following conditions:     


  • Hours of Operation: 3:00 PM – 9:00 PM with one day a week (choice of Tuesday or Wednesday) 10:00 AM - 9:00 PM.  Saturday: 8:30 AM – 4:00 PM., Closed on Sunday.  
  • No recitals or program at the location.
  
  
VOTE:   Amaral, Berube, Joyce, Ackerman …….……... No
Medeiros…………………………………………………..Yes

Petition Denied:      

Troy Medeiros excused at this time.   


Case #3032                            Rader Prop.                                               100 Myles Standish Blvd.
Hearing held on July 15, 2010  

A Variance from Section 5.2 to allow the entire 27,000 sq. ft.  building to be used as offices (more than 20% allowed) in an Industrial District.   

For the Petitioner:  David Mitchell, Manager, Rader Properties, Inc., 80 Washington St., Taunton, Ma.

In favor: None
Opposed: None

Mr. Mitchell stated currently there is 2 tenants since its inception which have been office use.  For 10 years Navix Diagnostics and Energy USA have been occupying these spaces.  They are just legalizing the whole building as office use.   No one in favor or opposed.   Letters from the City Planner, B.O.H., and Conservation Commission were read into the record.

Motion made and seconded to grant as presented:     
  
VOTE:   Amaral, Berube, Joyce, Wasylow, Ackerman …….……... Yes

Petition Granted:     
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          
Case #3033                                                Kdan                                                    720 Glebe St.
Hearing held on July 15, 2010  

A Variance from Section 6.2 & 6.3 of the Zoning Ordinance to allow the division of one lot into 3 lots without having the required frontage & lot width.  Lot A being a conforming lot, Lot B having 65 feet of frontage (instead of 150’) with 97.16’ of lot width (instead of 100’) and Lot C having 36.60 feet of frontage (instead of 150’) and 64.18 feet of lot width (instead of 100’)  (See ZBA Case #2937)    

For the Petitioner: Atty. David Marcelino, 625 County St., Taunton, Ma.
       
In favor:  None

Opposed:  Atty. Steven Henry Mills, 1009 Post Rd., Warwick, RI, representing Timothy & Jennifer Thomas, 740 Glebe St., Taunton, Ma. not opposed as long as previous conditions were complied with.

Atty. Marcelino said he is here tonight for the same relief that was granted but the variance has lapsed.   He stated he complied with the shape factor and doesn’t need that anymore.  Chairman Ackerman asked if he was in agreement with the previous conditions?  Atty. Marcelino answers yes.  Atty. Steven Henry Mills, representing Timothy & Jennifer Thomas, stated as long as the previous conditions are applied they are not opposed.  Letters from the City Planner, BOH and Conservation Commission.

Motion made and seconded to grant as presented with the following conditions:
 
  • House on Lot C to be located within the Shape Factor Area.
  • Driveway to Lot C to run along the easterly boundary (border of Lot B)
  • Future development of the lots may require filing with the Taunton Conservation Commission and will definitely require a review of proposed plans by the Natural Heritage Endangered Species (NHESP) as the property lies within Priority Habitat of Rare Species and Estimated Habitat of Rare Wildlife.  The property is also within the Three Mile River ACED (Area of Critical Environmental Concern) The property contains and abuts wetlands.
 VOTE:   Amaral, Berube, Joyce, Staples, Ackerman …….……... Yes

Petition Granted:     


Case #3035                                Darin LLC & Braga                              125 John Hancock Rd.
Hearing held on July 15, 2010  

A Variance from Section 5.2 of the Zoning Ordinance to allow a Fitness Club (6,750 sq. ft.) and Office Use (5,744 sq. ft.) in an  (more than 20% allowed) in an Industrial District.       

For the petitioner: Steven Braga, 165 Winthrop St. Taunton, Ma.

In favor: None  

Opposed: None

Mr. Steven Braga stated he is here tonight for permission to put fitness center and also to legalize the existing office uses for Special Olympics and Kaydon Group.  He is going to occupy 6,750 sq. ft. and the existing office spaces occupy 5,744 sq. ft.   Letters from the City Planner, B.O.H. and Conservation Commission were read into the record. No one appearing in favor or against.  

Motion made and seconded to grant as presented:     
  
VOTE:   Amaral, Berube, Wasylow, Joyce,  Ackerman …….……... Yes

Petition Granted:     


Case #3036                                    David Dev. LLC                              30 Robert Boyden Rd.  
Hearing held on July 15, 2010  

A Variance from Section 5.2 of the Zoning Ordinance to allow automobile/truck repair & body work in a portion of an existing building (Units A200, A300, & A500) in an Industrial District.


For the petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma.
                              Scott Berry, owner, 30 Robert Boyden Rd., Taunton, Ma.
               
In favor: None
Opposed: None

Atty. Gay stated that this property has been here in the past for different use.  This is a condo type warehouse and units are leased or owned.  He is proposing to do auto repair in units 200, 300 & 400. Atty. Gay stated he has no issue with the City Planner’s conditions.  He stated this use will remain in harmony with the surrounding uses.   Chairman Ackerman asked if they are planning on adding another dock?  Mr. Berry answers yes they may add one with drive up ramp.  Chairman Ackerman asked if they have any problems with the City Planner’s letter and his conditions.  Chairman Ackerman didn’t understand the City Planner’s letter regarding having all registered vehicles inside.  How is anyone going to know whose cars are whose?   But they said they would store all vehicles inside.  Wayne asked if he new tenant is working there now?  Atty. Gay answers no but he has moved his stuff in.  He was unaware that he needed Special Permit.  He has stopped all work but does have his equipment there.  Atty. Gay stated that his client was previous located down the street and there might be some hard feelings.     Scott stated his warehouse is condos and has the potential for 23 units.  He stated some are leased and there are rules & covenants they have to follow.  Atty. Gay stated tenant was located down the road and took over auto repair so he thought he could just go in here.   Letters from the City Planner, Conservation Commission and B.O.H. were read into the record.   Several Board members stated they would include the City Planner’s comments except the condition about registered vehicles.  




Motion made and seconded to grant as presented with the following conditions:

  • A 6-month review from time of issuance of Cert. of Occupancy is required.  
  • That no unregistered vehicles and no vehicle parts shall be stored or parked on the exterior of the building.
  • The business is required to obtain a Hazardous Materials Control Permit from the Board of Health.
   
  
VOTE:   Amaral, Berube, Joyce, Wasylow, Ackerman …….……... Yes

Petition Granted:     

                                                                                                                                                                                                                                                                                                                 
Case #3037                                    Saxonis                                                   3 Barton St.  
Hearing held on July 15, 2010  

A Variance from Section 7.8 of the Zoning Ordinance to allow the conversion of a 2-family to a 3-family having 10,302 sq. ft.  

For the Petitioner:   Atty. John Papantonakis, 50 Salem St., Bldg. B, Lynnfield, Ma.
                                Dean Saxonis, 126 Brook St., Raynham, Ma.
                                                             
In favor:   None
Opposed:   None

Atty. Papantonakis stated the applicant purchased this property thru a foreclosure in 2009 which has been used as a 3 family in the past.  He is requesting to legally have it a 3 family.  There are several multifamily dwellings in the area.  Chairman Ackerman stated he stopped by and asked working what it was and they said it’s a 3 family.   In the interim the Z.E.O. went out and did inspection and informed him there are only 2 units with working being done and if they get variance they will do repair work in 3rd unit. All permits were pulled for repair for 2 units only.  Chairman Ackerman was happy that they were only working on 2 units and they applied for all the proper permits.  Atty. Papantonakis stated there is 2 units and there is an illegal third unit located in the rear.  His client has cleaned up the property and improved the property.  Peter asked about the porch and Mr. Saxonis stated they need to have 2 means of egress.  Wayne stated he too drove by and complimented on the work being done.   No one in favor or opposed.    Letters from the City Planner, Conservation Commission and B.O.H were read into the record.

Motion made and seconded to grant as presented:     
  
VOTE:   Amaral, Berube, Joyce, Wasylow, Ackerman …….……... Yes

Petition Granted:     


Other business:
 
Wayne stated that the gas station across from his office on Broadway (63 Broadway) now sells Beer & Wine.  They also have a Class II Wholesale License. He was under the impression they would have to come before this Board for any additional use.  

John made motion to forward letter to the City Solicitor’s Office requesting if adding Class II Wholesale License is an additional use and needs ZBA approval, seconded by Wayne. All in favor.


John made motion to send letter to the City Clerk asking what type of license is a Class II Wholesale License, what restrictions are there such as signage, and display of vehicles.  Seconded by Wayne, All in favor.
                                                                                                                                                                                                                                                                                                                  
Wayne stated that Planet Petroleum is going to appear before the City Council. Apparently the neighborhood had formed a “Neighborhood AssocIation” and they are taking their concerns to the City Council.   He stated this owner hasn’t cleaned up his property and he has not following any directive from City Departments.  Wayne is speaking about the red house, located at 272 Winthrop Street which appeared before this Board in the past.  There are boats, cars and the place looks like a junk yard.  He was informed by the Secretary that through the Zoning Enforcement Officer the City took this to court and lost.     He would like to know what procedure or process they follow when they bring someone to court
.   
John made motion to request form the Zoning Enforcement Officer a copy of the court decision, a report of all the past violation and the action taken by the City.  Also what is the current status of this property?  Seconded by Wayne. All in favor.

Wayne spoke with Atty. William Rounds and according to him there shall be a substantial change (CLEANUP) at 272 Winthrop Street (property next to Planet Petroleum.

Chairman Ackerman state that appeal for Pineridge Condos (now Green Pine Town Homes) on Hart St. has officially been dismissed.

Motion to adjourn meeting at 10:26 PM.

Next meeting is Thursday, September, 9, 2010