CITY OF TAUNTON
ZONING BOARD OF APPEALS
JANUARY 20, 2011
(held at Taunton Public Library, 12 Pleasant St. )
Members Present: Dennis Ackerman, Peter Wasylow, Wayne Berube, John Joyce and Michael Staples.
Meeting opens at 5:38 PM.
Wayne made motion to accept minutes of December 16, 2010 with the correction on Case # 3056 – 272 Winthrop St. - Add after the last sentence in condition #2 - “unless some other permitted use is made of the subject property. Seconded by Michael. 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.
ELECTION OF OFFICERS – CHAIRMAN & CLERK
Wayne made motion to nominate Dennis Ackerman for Chairman, and Peter Wasylow for Clerk, seconded by Michael.
Roll call: Staples, Berube, Joyce…. Yes.
Ackerman & Wasylow abstained…….
Dennis Ackerman was elected Chairman and Peter Wasylow was elected Clerk.
Cont’d. Case # 3017 Frenette 815 Middleboro Avenue.
A Variance from Section 6.3 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.
Letter from Atty. Strojny requesting a continuance.
Motion made and seconded to continue until March.
Vote: Joyce, Staples, Wasylow, Berube, Ackerman…………..Yes
Petition continued until March.
Case #3057 Mobius Instruments LLC 24 Riverfield Rd.
Hearing held on Jan. 20, 2011
For a Special Permit from Section 5.3.4 of the Zoning Ordinance to allow the change of a pre-existing non-conforming use (printing business) to storage and the stamping and finishing of small metal parts for fire alarm boxes and related material.
For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma. \
Peter Zurblis, 337 Mill St., Mansfield, Ma.
In favor: None
Opposed: Dwight Coblazo, 31 Riverfield Rd.,Taunton, Ma.
Atty. Gay stated that this property is pre-existing non-conforming and was granted a Special Permit in 1994 to change from storage to printing business. He thinks the printing business has been there since their approval. The petitioner has a P&S agreement to purchase property and he wishes to move from the Whittenton Mills complex. He is currently renting and wishes to purchase this property and he will not have more than 4 employees. It’s him, his wife and one employees, they get about 5-6 deliveries per year. They think this will be less of an impact to the printing use. There will be no noise and no big trucks coming to site. Chairman Ackerman pointed out the previous approval restricted to 4 employees and he was agreeable to that. Wayne asked what type of use,
warehouse and assembly? Atty. Gay stated they have 6 deliveries a year and ship out their product. They have been in Whittenton Mills for 7 years. Atty. Gay stated they will put together components for fire alarm boxes. There will be no change to the building. It was note previous owner was Mr. Milka. Opposed: Dwight Coblazo, 31 Riverfield Rd., requests the Board continue so the neighbors can talk about what they just heard? Chairman Ackerman suggesting putting this case at end of meeting to give neighbors a change to talk with petitioner. Chairman Ackerman didn’t think the presentation was different that what was submitted? Mr. Coblazo stated he did research on the company and wanted to know more. He did point out he got notice in mail about month and half ago. Mr. Coblazo’s concerns were traffic, deliveries, waste disposal, noise, type of metal being used, bending, assembly? Peter Zurblis,
owner answered the questions of the opposition. He stated he wants to be good neighbor and he explained what he does. He takes small metal parts, they get punched out by steel, silver, and small machine presses them (bends) and then ship them out. All the shipping goes to Mansfield office . He stated a flat bed truck comes about 6 times per year to deliver long strips of brass or silver metals. Chairman Ackerman suggests restricting the delivery between 10:00 AM – 1:00 PM.? Department letters were read from City Planner, Fire Dept., Water Dept., and Conservation Commission was read into the record. Several Board members agrees this type of business will have minimal impact on the neighborhood.
Motion made and seconded to grant as presented with the following conditions:
- Hours of Operation: 9:00 AM – 5:00 PM Monday – Saturday
- Restrict deliveries between 10:00 AM – 2:00 PM
- No more than 4 employees.
Vote: Staples, Joyce, Ackerman, Berube, Wasylow……..….Yes
Petition Granted:
John made motion to send letter to the City Planner requesting waiving the Departmental Site Plan Review process since there are no changes to the buildings, parking area, etc. seconded by Wayne. All in favor.
Case #3058 G & C Investments 280 Broadway
Hearing held on Jan. 20, 2011
For a Variance from Section 6.3 of the Zoning Ordinance to allow a canopy over the existing fuel pumps having a front yard setback of 2 feet (instead of 30 feet)
For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma.
In favor: None
Opposed: None
Atty. Gay stated this has been a gas station for many years and now they wish to put canopy over gas pumps. They received variance several years ago for the same thing but was appealed by abutters but dismissed in land court. However; they never erected canopy. The petitioner has owned the property for several years and now wishes to go self-service which requires canopy over pumps. Atty. Gay stated they wish to add 3rd gas pump and asked the Board to amend his request to have include 3rd pump. It was pointed out the original variance was 24 x 40 which covered 3 pumps. The Board let him amend and canopy to be 24’ x 40 covering up to 3 pumps. No one in favor or opposed. Letters from the Fire Dept., Water Dept., Conservation Commission and City Planner were read into the
record.
Motion made and seconded to grant as presented:
Vote: Staples, Joyce, Ackerman, Berube, Wasylow……..….Yes
Petition Granted:
Case #3059 LaBrecque 23 Oakridge Place
Hearing held on Jan. 20, 2011
For A Special Permit from Section 7.9 and a Variance from Section 7.9 # 4 & #6 of the Zoning Ordinance to allow an accessory dwelling unit and allow the unit to be over the 30 % of the habitable floor area and 850 sq. ft. (proposed 1175 sq. ft.) and within 5 years from receiving building permit for addition (see ZBA # 2275)
For the Petitioner: Kimberly LaBrecque, 23 Oakridge Place, Taunton, Ma.
In favor: None
Opposed: None
Mrs. LaBrecque stated she is requesting a variance to put accessory dwelling unit in for her father who will live there. Her father had heart attack and they want him close by. They did receive variance to put garage and they have done that now they just need to finish inside. There will be no changes to the exterior with the exception of a staircase. She showed pictures to the Board of the addition. No one in favor or opposed. Letters from the Fire Dept., Water Dept., Conservation Commission and City Planner were read into the record.
Motion made and seconded to grant as presented:
Vote: Staples, Joyce, Ackerman, Berube, Wasylow……..….Yes
Petition Granted:
Case #3060 Court Co. Tremont St. Prop. I.D. 49-12)
Hearing held on Jan. 20, 2011
For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma.
John Quattrocchi, President, Court Co., 2 Doughlas Pike, Smithfield, R.I.
In favor: None
Opposed: Lisa Griffiths, 591 Tremont St. Taunton, Ma. had some concerns.
Atty. Gay stated that Earth Services prepared application but are unable to attend tonight’s hearing. He stated the owner owns several acres off Tremont Street which was approved by the Planning Board as a subdivision but unfortunately petitioner’s brother died suddenly and now the proposal has changed. Yvon Nadeau actually purchased land and is developing as new subdivision Meadow Lane Estates. A piece of land was cut out of that and Form A lots were created. Atty. Gay stated due to the wetland they cannot access lot so they are here tonight for frontage variance. They will be accessing both lots via a common driveway which is allowed under the zoning ordinance. He states there is no other way to get into lot. The lot does comply with the zoning ordinance except for frontage.
Opposed: Lisa Griffiths, 591 Tremont St. states she is direct abutter and she was asking about the iron rod as shown on plans? Atty. Gay stated the iron rod will be set and they are placing driveway as far northeast as the Conservation Commission will allow. Peter stated you can’t go over wetlands? Atty. Gay stated if we disturb wetlands we would have to replicate 2 to 1. Ms. Griffiths was concerned with placement of driveway. John asked her what is the distance from her house to the property line? She guessed about 50 feet and the tree shown is on her property. Chairman Ackerman asked if they would have to go back to Conservation Commission if they moved driveway? After some discuss Mr. Quattracchi stated he was informed by his Engineer that they cannot move driveway due to the conservation commission. It was suggested placing fencing or plantings as buffer. Wayne stated according to plans her house is about 100 feet
away. After some more discussion it was agreed that planting arborvytes would be better than fencing. Ms. Griffiths was agreeable to that.
Motion made and seconded to grant as presented with the following conditions:
- Petitioner is required to plant arborvytes along the property line of 591 Tremont Street (Lisa Griffiths) with a 10 foot front setback for a distance of 40 feet.
Vote: Staples, Joyce, Ackerman, Berube, Wasylow……..….Yes
Petition Granted:
OTHER BUSINESS:
Green Pine Town Homes – request to post bond instead of cash for lot/unit releases.
Shawn Telsi states he was asking the Board to allow him to post a bond instead of cash for his development for unit releases. He stated he talked to the City Planner and he stated the Board is the only one that can change vote. Chairman Ackerman stated the reason why the City takes cash now and not bonds is that the City was stuck with a lot of developers who didn’t finish work and never renewed bond. Chairman Ackerman stated that all 40B project approved by this Board has had to pay cash, that is the practice of the City. Shawn was not aware he had to post “real cash” he thought he would be ok with bond. He pleads with the Board to change their vote. Several Board members voiced their opposition to “performance bonds”. Shawn says he is doing City favor in putting sewer on Briarwood.
Shawn suggested phasing the project because he says it will not be able to post all money and get work done to start building. He informed the Board the bank won’t lend that much. Apparently they were unaware the development was reduced from 72 units 48 units. Wayne stated he should have had his finances all lined up prior to making agreement with this Board. Douglas Banks, 21 Briarwood Dr., was asked by Shawn to come to meeting in support of sewer going in on Briarwood Dr. He has been waiting for the project to start but hasn’t been following along on what has been approved. He asked Secretary to send a copy of the approval. He stated Mr. Telsi took all the trees down.
John made motion to DENY request, seconded by Wayne. All in favor.
Chairman Ackerman stated that the Maxham School is completed and they can have their meetings there if they wish to switch.
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