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1-12-12 mins.

CITY OF TAUNTON
ZONING BOARD OF APPEALS
  JANUARY 12, 2012      
(held at Maxham School, 141 Oak St, Taunton, Ma.)

Members Present:  Dennis Ackerman, Peter Wasylow, Wayne Berube, Steven Vieira, Estele Borges and Joseph Amaral.  Troy Medeiros present at 6:30 pm.   
 
Meeting opens at 5:32 PM.

Peter made to accept minutes of December 8, 2011 seconded by Joe. All in favor

ELECTION OF OFFICERS – CHAIRMAN & CLERK

Estele made motion to nominate Dennis Ackerman for Chairman, seconded by Joe.
Roll call:  Berube,Amaral, Wasylow, Vieira, Borges…. Yes.
Ackerman abstained…….
Dennis Ackerman was elected Chairman.

Peter nominates Joseph Amaral for Clerk, seconded by Estlee.
Roll Call: Ackerman, Wasylow, Berube, Vieira, Borges……..Yes
Joseph Amaral obstained .
Joseph Amaral was elected Clerk.

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.   

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 to withdraw without prejudice.
Motion made and seconded to allow petition to be withdrawn without prejudice.
Vote: Ackerman, Wasylow, Amaral,  Borges, Vieira…..Yes
Petition withdrawn without prejudice.

                                                                                
Case # 3112   Whittenton Mills Redev. LLC                      437 Whittenton St.
A Special Permit from Section 5.2 and a Variance from Section 7.4 of the Zoning Ordinance to allow the modification of existing mill buildings for use as an Assisted Living Facility in a Business District with a maximum height of 56 feet and 4 stories (instead of 40’ maximum & 3 stories)                                                                                                             
Letter from Atty. Gay requesting to continue and extending the time frame on which to act on this proposal.
Motion made and seconded to grant continuance.
Vote: Ackerman, Borges, Vieira, Amaral and Wasylow ……..Yes
Petition continued to Feb. 10, 2012 meeting.  


Cont’d. Case # 3109                          Dbaib                         272 Winthrop St.    
Hearing held on January 12, 2012
A Special Permit from Section 5.2 and a Variance from Section 7.1.1 of the Zoning Ordinance for the storage of motor vehicles in a Highway Business District and waiver of the landscaped buffer from (0 feet instead of 20 feet in front) and (0 feet instead of 40 feet for side & rear)  

For the Petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma.
                                 
In favor:  None
Opposition:  Letter from Taunton Highlands Area Neighborhood Association
                    Danielle Briggs, 39 Morgan Dr., Taunton, Ma. owns 268 Winthrop St., Taunton,
                     Ma.
                    Stanley Saladyga, 194 Winthrop St., Taunton, Ma.
                    Juanita Gallagher, 145 Winthrop St., Taunton, Ma.
                    Carol Doherty, 148 Highland St., Taunton, Ma.
                    Dick Shafer, 6 Davenport St., Taunton, Ma.
                    Joe Figlock, 409 Joseph Warner Blvd., Taunton, Ma.
                                                                                                                                                                                                                                                
Atty. Rounds states they are here tonight for zoning relief for 272 Winthrop Street.  Some of the veteran members know the history of this property.  The property is located in the HBD and the residential use has been discontinued. They received ZBA approval for frontage and received site plan approval for used car but unfortunately there are no licenses available.  They are still in litigation and now they are forced to have some legal use for the site.    This request will be temporary until they secure a Class II license.  Atty. Rounds knows there are a lot of issues with the abutting property.  They are trying to get all the cars off 274 and store them in back of fence on 272 Winthrop St.  They have had some discussion with the Planning Dept. and Law Dept. and and they were told they must have ZBA approval for store use in HBD.  He stated if there is a specific use so the City can have some control over the site.   The second part of the request is the landscaping buffer requirements.  They put fence along the residential side of the property with a couple of openings of which they will put gates.  They are requesting waiver of 20 feet front yard buffer and 40 foot sideline and rear.  There will be no customers coming to the site and the abutting residential use is fenced already.  In the rear there are wetlands and they are trying to stay 100 feet away from them. Chairman Ackerman stated he drove by today and saw 2 openings and he thought it would be beneficial if the put gates and continued with fencing.  He stated, on the plans, the shaded area is where the vehicles will be stored and the not shaded area is the no touch zone per the Conservation Commission. Wayne suggested that no touch zone needs to be delineated so enforcement will know that a no touch zone.  They need to put specific markings along the way to delineate area.  Wayne asked if they would be taking vehicles from abutting gas station and storing them here here?  He asked if his client will be hiring out space and Atty. Rounds answers no.  These vehicles will be ones they picked up and waiting to be serviced.  Wayne asked if they are registered?  Atty. Rounds answers essentially yes but if a vehicle is abandoned?  Wayne asked if it’s his vehicles being stored behind fence?  Atty. Rounds answers yes the ones he picks up and might have some the owner’s vehicles too.  Joe stated he spoke with the City Planner and this will also have to through the Department Site Plan Review process with more detailed plans.  This will allow the City to enforce a decision.  The Department Site Plan Review Board will look at hours of operation, number of vehicles, etc.  Atty. Rounds stated they are in litigation and was told by court to come here and get legal use of the property.  Chairman Ackerman asked if they met with the new Law Dept. and Atty. Rounds answered this is one of the cases that was referred out to Boston Law Firm helping the City.  The City took us to court and pending approval, this will establish a use for the site.   But they still want to sell vehicles so this will be a temporary solution.  Atty. Rounds stated they agreed to discontinue any use to get an established use there. Wayne wanted to clarify that the red house is no longer used for a residence?  Atty. Rounds answered yes that is correct.  Wayne stated he hopes trees go in along the abutting residence because that has been a very difficult situation. Atty. Rounds stated the other side they control and DSPR states we should buffer.  Wayne asked where the entrance would be and Atty. Rounds answers they will use front side.  Joe stated the last ruling was to have fencing up by springtime?  Atty. Rounds yes that’s true the fence went up about 3-4 weeks later than the April 15th deadline.  Joe pointed out that about 7,000 sq. ft. of the area will be used for storing vehicles because of the wetlands in back.  He asked about the 4 parking spaces in front?  Atty. Rounds stated that is what the City Planner wanted but it’s his idea to keep all behind fence.  Opposed: Danielle Briggs, 39 Morgan Dr., owns 268 Winthrop Street.  She asked if the Site Plan review for dealership is still valid?   Wayne stated they can’t comply with the conditions because they have not secured a Class II License.  
She pointed out the 4 spaces in front will cause a lot of accidents.   She asked if the Board will place number of vehicles, hours of operation?    She stated they need to put more trees and put fill under the bottom of fencing on her side because all the brush blows onto her property.  She was also wondering why a Homestead Act on filed on Nov. 17, 2009 for 272 Winthrop?  She stated the board has given the petition a chance and they haven’ acted in good faith. She can’t sell her house because of his. Someone looking at her house was told by someone in law enforcement to stay away.   She has lived here for 11 years and it has gotten worse.  Opposed: Stanley Saladyga, 194 Winthrop St. asked what are the hours of the abutting gas station?  The Board stated it was not their purview.  His concern is they do anything they want and say they are being discriminated against.  This isn’t a good spot for a used car lot, if they can’t enforce what’s there how can they think they can now?  He doesn’t think the City will enforce anything.  Wayne stated that the ZEO does the enforcement and the gas station next door is grandfathered. Wayne said they are trying to make it better by approving something and placing conditions on it.  Opposed: Juanita Gallagher, 145 Winthrop St. stated she is certified in conservation and doesn’t know how the city rewards someone when they don’t do what they are supposed to do. The place is a mess and nothing gets done in the City.  This has been a disgrace and it was always a gas station but never like this. Troy Medeiros present at 6:40 PM.   Joe stated fencing was put up between 2 property so that the City would have some teeth to enforce.  Juanita stated the City is infamous for lack of enforcement. Opposed: Carol Doherty, 148 Highland St., stated this property has had a history of problems. She has been dealing with them through the Taunton Highland Neighborhood Association.  They have shown no evidence to comply with anything.  They had made half attempts to clean up property only for hearing.  They have never paid their fines.  Opposed: Dick Shafer, 6 Davenport St. stated they make promise and never keep them.  They cut all the trees down and left woodchips and they have never complied with their conditions in their DSPR decision.  They have not shown any good faith.  They have been mis-using 272 Winthrop Street while not improving 274 Winthrop St.  The evidence is there that they have been operating and yet the City lost their case in court. They had court order on October 31, 2011 to clean up property and they put up fencing that this board ordered late.  Now they are asking for temporary use until they get Class II license which is not desirable for this area.  They have time and time again showed they do not act in good faith.  Troy asked Mr. Shafer why he thinks other towns can go to court and win and Taunton can’t?  Mr. Shafer stated Raynham went straight to court not through the 21-D ticket process. The City has learned and now are going through the civil court instead of 21-D process.  Also the enforcement ordinance needs to be improved. Troy agreed, the City has no teeth of which he thought they did and maybe we should sent something to the Law Dept.  Estele asked Mr. Shafer if he agreed if this Board put conditions such as number of vehicles, fencing.  Mr. Shafer agreed it would be better to enforce.  All the neighbors want them to act in good faith and they have no confidence that they will. Opposed: Joe Figlock, 409 Joseph Warner Blvd., is concerned about operation and how they get away with their violations?   Troy stated he too was disappointed with the enforcement process and is quite frankly embarrassed.  Joe asked what happens if damage is already done to property and he disagrees approving will be good for City.  Letter from Taunton Highland Neighborhood Association placed on file.   Atty. Rounds stated just because you give violation doesn’t necessary mean there is one, it has to be proven in court.  Atty. Rounds stated they entered into an agreement with the Law Dept. to do something.  He stated because there are no Class II licenses available the applicant can’t comply with the conditions because there’s no use yet.  Atty. Rounds stated he doesn’t have issue with moving the 2 parking spaces in front subject to DSPR.  The hours of operation for auto dealership 7 – 11pm or Monday – Sat. 9 – 8 Sunday, 9-6.  Chairman Ackerman suggested 7 – 7:30 Monday – Sat. no Sundays?    Atty. Rounds answered the question relative to the Declaration of Homestead filed for this property is meaningless because the residence use is gone.  After some discussion the suggestion conditions were: no touch zone in rear to be staked , gates in front, arborvitaes 10 feet in height along abutting residence, per the DSPR decision and hours 7-9 Monday – sat. no Sunday  and move 2 spaces in front to front of bldg.  Atty. Rounds was in agreement.  Letters from the City Planner, B.O.H., Cons. Comm.. and DPW were read into the record.  The Board agreed this will allow for more enforcement and this is a baby step in the right direction. Chairman Ackerman has faith in the new City Solicitor and his legal team. Joe stated the City has been working a long time to get use and put it in black & white.  

Motion made and seconded to Grant with the following conditions:
  • Maximum number of cars being stored on site is 35.
  • Hours of operation: Monday – Saturday 7:00 AM – 9:00 PM. Closed on Sunday.
  • Landscaping buffer along the side property line of 268 Winthrop Street shall be planted in accordance with Section7.1 of the Zoning Ordinance. In addition, a row of arborvitaes, a min. of 10 feet in height when planted, shall be placed 10 feet on center, along the easterly sideline from a point 50 feet back from the front property line to a distance of 250 feet from the front property line.  The arborvitaes shall count towards the required number of plantings in the buffer.
  •  A portion of this property falls within the 100 foot buffer zone of a bordering vegetated wetland (BVW). No vehicles may be stored within this buffer zone so that there is no possible seepage of fluids within the buffer zone.  This “No-Touch Zone ” in rear of property shall be delineated by stakes from a Registered Land Surveyor (the non-shaded part on plans dated 11-21-11)      
  • Fencing in front shall have gates at openings as shown on plans.
  • Re-locate 2 of the parking spaces in front of property to front of building.  
Vote:  Ackerman, Amaral, Borges, Wasylow, Vieira, .................Yes
Petition Granted:  


Case # 3108           Barrows                                                       50 Ashland St.
Hearing held January 12, 2012
A Special Permit from Section 5.3.4 of the Zoning Ordinance to allow a 20’ x 16’ addition to a pre-existing non-conforming structure.  

For the Petitioner: Joseph Barrows, 50 Ashland St., Taunton, Ma.

In favor: None    
Opposed: None  

Mr. Barrows states he’s proposing to enclose porch to make house bigger. He’s proposing a 20 x 16 additio which will be used as a family room.  The will be taking the deck off.  Letters from the City Planner, B.O.H., Conservation Commission and DPW were read into the record.
Motion made and seconded to grant as presented:

Vote:  Ackerman, Amaral, Borges, Vieira, Medeiros…...................Yes
Petition Granted:   

Peter and Wayne excused at 7:40 pm.

Cont’d. Case # 3103            Cabral               Washington St. & 12 Jackson St.
Hearing held on January 12, 2012   

A Variance from Section 6.3 and a Special Permit from Section 5.2 of the Zoning Ordinance for the reconfiguration of 2 pre-existing non-conforming lots & allowing a 3 family in an Urban Residential District resulting in 12 Jackson Street a reduction of frontage from 83.5’ to 65’ (100’ req’d.) and lot width of 64‘ (instead of 100’) a reduction of lot area & dry area from 10,200 sq. ft. to 5,812 sq. ft.  (15,000 sq. ft. lot area & 11,250 sq. ft. of dry area) a sideline setback of 12 feet (instead of 15’) on the east side of the property; A Special Permit to allow a 3 family dwelling on a parcel having 13,391 sq. ft. (instead of 15,000 sq. ft.) and a sideline setback of 9’ (instead of 15’) for decks in rear of bldg.                                                                          
                                                                                                               
For the Petitioner:   Atty. David Gay, P. O. Box 988, Taunton, Ma.

In favor: None    
Opposed:  Cary Crossman, 10 Jackson St., Taunton, Ma.
                Tim Maher, 396 Washington St., Taunton, Ma.
                Martin Powers, 19 Jackson St., Taunton, Ma.
                John Miller, 406 Washington St., Taunton, Ma.
                 Petition signed by 42 abutters.

Atty. Gay submitted photos of similar house petitioner wishes to construct.  This site is the former Art’s Bakery which burned a few years ago.  They received approval to re-build bakery with drive-thru (case # 2982) but due to the economy financing isn’t available.  Then they asked for a 4-family apartment building of which they were denied (case # 3009). Atty. Gay stated the proposal tonight is the re-configuration that was approved before.  Now they are asking for a 3 family dwelling.  They have eliminated all access from Jackson Street and are trying to put something there that will aesthetically be pleasing. There are a lot of multi-family dwellings in the neighborhood.  The building has been taken down and petitioner needs to put something there.  Atty. Gay stated he received a phone call from one abutter and she raised good concern and suggested adding a few more parking spaces. Atty. Gay passed out another plan showing more parking and if the board wishes to entertain this proposal they could continue and re-advertise for front setback for next month.  They added 4 more spaces totaling 10 spaces and possible put duplex.  Chairman Ackerman stated this is a very hazardous intersection and he would like to compare plans.  Atty. Gay stated the building (old bakery) was 20 feet from property line. Atty. Gay stated they would need variance for setback not use.   He’s trying to get the use compatible to the neighborhood.  Joe sated that the previous 6 units were going into the exiting shell of the bakery then changed to 4 units.  He stated the old shell was 52 x 72 with loading dock.  Atty. Gay stated they show some front yard which no vehicles will have access to and there will be low shrubs along the front to ensure no site distances issues. Opposition:  Cary Crossman, 10 Jackson St. stated there was petition signed by 42 abutters in opposition. He didn’t fight him when he wanted to re-construct the bakery and take some land from abutting property 12 Jackson St. He’s all for duplex but not triplex because there would be no yard.  He has seen cars upside down on the bakery steps from accidents. This is a very dangerous intersection and Mr. Cabral has never done anything to keep backyard of 12 Jackson St. clean.  At this time Joe Amaral read the names on the list of opposition and disclosed that his relative signed the list but there is no conflict and he can vote on this matter.  Opposed: Tim Maher, 396 Washington St. stated he’s a direct abutter and he supported the bakery this proposal is too much for property and make 12 Jackson Street smaller.  He stated they are destroying that property and he would feel more comfortable with duplex or single family. Opposed: Martin Powers, 19 Jackson Street stated he was under the impression a 3-family was 3 stories high not a triplex style. He stated the majority of the opposition are direct abutters opposing all of this. He stated that now there is another plan submitted tonight, we need to know specifically what they are planning on doing, no games. He thought the information should have been more specific in saying triplex instead of 3 family.   Joe stated that 3 family could be triplex or what Mr. Powers was thinking, old style 3 family 3 story dwelling.  Troy asked if he would be more comfortable with a duplex and Mr. Powers answers yes.  Opposed: John Miller, 406 Washington St. stated this is a very busy intersection of which had serious accidents.  Chairman Ackerman asked Mr. Miller if he would like duplex instead and he said yes.  Atty. Gay stated stated he’s a reasonable man as is his client and he’s not playing games. He contacted abutters on 2 occasions, one on Nov. 7th and then on Nov. 30th and got no response.   He is willing to work with them but they didn’t respond.  Petitioner owns both lots and maybe they can adjust the lines.  Chairman Ackerman stated sounds like the neighborhood would prefer a duplex and the board may be more favorable to duplex.     Atty. Gay requested continuance until next month to get new plans and extends the time frame.
Motion made and seconded to grant continuance to Feb. 10, 2012

Vote:  Ackerman, Amaral, Borges, Vieira, Medeiros…Yes
Petition continued:




Cont’d. Case # 3105                   Moniz                                             39 Plain St.  
Hearing held on January 12, 2012
A Variance from Section6.3 of the Zoning Ordinance for the division of one lot into two without the required lot area, dry area and front, rear setbacks. Lot 203 having 4,583 sq ft. of lot area & dry area (instead of 15,000 sq. ft. and 11,250 sq. ft. dry area) Lot 203A having 4,333 sq. ft. of lot area & dry area (instead of 15,000 sq. ft. and 11,250 sq. ft. dry area) with a front yard setback of 10.5’ (instead of 25’) and rear setback of 6.7 feet (instead of 20’)                                                                                                              

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

In favor: None    
Opposed:  Paul Hill, 37 Plain St., Taunton, Ma.
                Brian Clifford, 9 Beacon St., Taunton,Ma.
                Dennis Morin, 6 Beacon St., Taunton,Ma.
                Robert Demers, 43 Plain St., Taunton, Ma.
                Beth Mosher, 47 Plain St., Taunton, Ma.
 
Atty. Gay states the petitioner wishes to divide the existing parcel located on Plain Street and Beacon St. into two lots.  He has over 9,000 square feet and the existing home is a 2-family dwelling.   There is 207 feet of frontage on Beacon Street and the lot is very long and rectangular shaped.  The topography of Beacon Street is 13 feet rise in elevation along Beacon St.  The existing 2-family is rented and he wishes to divide to building single family 2-story list.  Atty. Gay stated the lot lacks depth but will be serviced by water, sewer and gas.  They will have to extend the sewer to lot. Atty. Gay admits based on the shape & topography the new lot will be small.  He stated the petitioner wishes to live in the new house.  He stated the lot is not used and looks vacant.  Troy asked if they are forced to provide sewer to the whole street? Aty. Gay stated they are required to go to his property and leave stubs for whoever they pass.  Chairman Ackerman pointed out that there will be some grading needed because of the topography.  Atty. Gay agreed it’s not an easy lot but now it’s being used for nothing.  He will pay for site work and bringing utilities up.  It was asked number of bedrooms?   Estele stated it’s pretty small for a 3 bedroom based on the proposed square footage. Atty. Gay agreed it was reasonable for the board to place restriction on number of bedrooms. Opposed: Paul Hill, 37 Plain St., stated the closest part of the building will be 6 feet 8 inches from property line.  He doesn’t want a 2 story house blocking his view, sunlight, etc. Steve asked if he lived at 37 Plain and he answered yes.  Opposed: Brian Clifford, 9 Beacon St., stated he’s a direct abutter.  He stated there was a 30 wide garden there and then when Mr. Moniz purchased property it hasn’t been maintained.  He stated the lot is simply too small to divide.  He has issues with renters and he recently cleaned up property for tonight’s meeting.  The neighborhood has been dealing with unscrupulous people.  Opposed: Dennis Morin, 6 Beacon St., stated he lives across the street and he was told they can’t get sewer unless they post $80,000 bond.  The old water line collapsed.  He stated they have been dealing with bad choice of tenants and the State Police has been there for drug trafficking.  Opposed: Robert Demers, 43 Plain St, stated he has lived there for 20 years and spent a lot of money to make his house and yard nice.  He has a  6 foot fence around his property.  He stated there recently was an eviction of tenant and there has been a problem in the neighborhood from this house.  He states there is no hardship, he owns multifamilies through the City and if he wants to live here he could live in the existing 2 family because the property is for rent. Opposed: Beth Mosher, 47 Plain St., stated she cannot see how this will benefit the neighborhood.   Atty. Gay stated that he doesn’t think the 2-story house will interfere with the sunlight to neighbor and there is 53 feet between his property and his house.  He stated this house will be 10 feet from property line and neighbor’s house is 6 feet from road.  Letters from the B.O.H., City Planner, Conservation Commission and DPW were read into the record.  

Motion made and seconded to grant with the following condition:
  • New house restricted to 2 bedrooms.
Vote:  Ackerman, Amaral, Borges, Vieira, ..................No
Medeiros……………………………………………..Yes
Petition Denied:

Case # 3110    Trinity Taunton Nine Ltd. Part.      DeWert Ave. & Kilmer Ave.
Hearing held on January 12, 2012

 For: A Variance from Section 10.4.11, 10.4.11.3 and 10.4.12 of the Zoning Ordinance for relief from building separation (35’ to 19’) number of bedrooms (five 4-bedrooms) and roadway/parking dimensions (22’ wide instead of instead of 30’) for the construction of an 88 unit housing development on premises situated on the north side of DeWert Avenue, Taunton, Ma and is known as Assessor’s Property I.D. 64-336 (Kilmer Avenue)

 For the Petitioner: Atty. Robert Treano, Rep. Taunton Housing Authority   
                               Colleen Doherty, Executive Director, Taunton Housing                                  
                               Authority, 30 Olney St. Taunton, Ma.    
                               Hank Keating, V.P. Design& Construction, Trinity Financial,  
                               40 Court St., Boston, Ma.
                              David Kelly, P.E., Kelly Engineering Group. Inc. 0 Campanelli
                             Dr.,  Braintree, Ma.
                             Ambrose Donovan, Envir. Consult., McPhail Assoc., 2269
                              Massachusetts Ave., Braintree, Ma.
                             Sarah Barnat, Trinity Financial, 40 Court St., Boston, Ma.
                              Kevin Shea, Exec. Dir., Office of Economic Development, 45
                              School St., Taunton, Ma.          
                              
In favor:  None
Opposition: None   
                                                                                                                                                                                                                                                 Colleen Doherty stated this is the existing site of Fairfax Gardens complex consisting of 44 acres of which some there are some wetlands and Habitat to the spaded foot road they have to go to MEPA for approval.  They are proposing a Form A to cut out soccer field which is under lease from the Taunton Eagles.  In working with the Police Chief they have modified the alignment of the curve to a 90 degree angle. This site will consist of 88 units (taking down the existing 150 units) They are proposing 2 playgrounds and the THA will maintain the building and there will be a Head Start program.  They are asking for a variance to have five 4-bedrooms units (duplex style homes) These buildings will be the energy efficient and have 1 foot thick walls and they will have to comply with HUD standards.  David Kelly, Eng. Stated they are going to the Council for Special Permit for multi-family dwellings and from this Board variance from building separation (req’d 1 ½ height apart) The distance will range from 23 to 24 feet apart.   He stated the soils and conditions warrant the roadway width including the large wetlands that surround puts constraints o the site.   He stated the reduced driveway/roadway will slow traffic down as well as less runoff from site. The Planning Board sent the Council a positive recommendation for this project.    Troy asked how far the last house is?   It was answered about 120 feet back.  Chairman Ackerman stated he knows the P.B. wanted some kind of foot path to soccer field.  They are looking at that and thinking they can tie sidewalk to the soccer fields.  Troy asked if each unit will be easily to identify.  Same as last project they will each have own door and number on door.  Chairman Ackermnan asked about phasing plan?  Sarah stated that there is enough Section 8 vouchers that some will be moving and some will be returning in about 6 months.  Estele stated they planning on having things done in 18 months?   Estele stated there are a lot of social services that will be available to the tenants.  Chairman Ackerman also echoed that this project, like the previous one, will be complying with the Davis-Bacon program and will be paying taxes to the City.  No one  in opposition or in favor.   Letters from the City Planner, Conservation Commission, B.O.H. and P.B. were read into the record.

Motion made and seconded to Grant as Presented:

Vote:  Ackerman, Amaral, Borges, Medeiros, Vieira, .................Yes
Petition Granted:  
   

Case # 3111       Trinity Taunton Four Ltd. Part.       Mason & Oak St.     
Hearing held on January 12, 2012

For: A Variance from Section 10.4.12 of the Zoning Ordinance for relief of roadway/parking dimensions (22’ wide instead of instead of 30’) for the construction of a 72 unit housing development on premises situated on the north side of Mason Street, Taunton, Ma. and is  known as Assessor’ s Property I.D.  65-357 (Oak Street)  

For the Petitioner:  Atty. Robert Treano, Rep. Taunton Housing Authority.
                                Colleen Doherty, Executive Director, Taunton Housing
                                Authority, 30 Olney St., Taunton, Ma.         
                                .
                               Hank Keating, V.P. Design& Construction, Trinity Financial,
                                40 Court St.,  Boston, Ma.
                               David Kelly, P.E., Kelly Engineering Group. Inc. 0
                                Campaniello Dr.,  Braintree, Ma.
                               Ambrose Donovan, Envir. Consult., McPhail Assoc., 2269
                                Massachusetts  Ave., Braintree, Ma.
                               Sarah Barnat, Trinity Financial, 40 Court St., Boston, Ma.
                               Kevin Shea, Exec. Dir., Office of Economic Development, 45  
                                School St.,Taunton, Ma.         
                                     
In favor: Taunton Redevelopment Authority, P. O. Box 2987, Taunton, Ma.
              
Opposition: Raymond Pina, 6 Myrtle St., Taunton, Ma.
                   Bill Eagan, 32 Wales St., Taunton, Ma.
                   Joseph Zrebiec, 31 Pine St., Taunton, Ma.

Chairman Ackerman disclosed that he worked for the City during 1974-mid 1980’s as the Exec. Dir. Of the Urban Renewal of which he had dealings with Parcel 6A but he has no conflict now and can vote on this matter.  
Atty. Treano stated the land disposition is from the Taunton Redevelopment Authority to the Taunton Housing Authority and he submits copy to the Chairman.  He stated this is a long time coming going back to 1969 with the terms & conditions and the severe environmental issues with this site.  He assured the ZBA & citizens of Taunton once approved the pay for the clean up the City will not be responsible for any costs.  Atty. Treano states there are 2 sections in the Land disposition relative to this. Atty. Treano stated this project received Hope 6Grant in the amount of 22 million dollars ($70 million for both projects) for total revitalization.  Atty. Treano stated Parcel 6A goes back to 1840’s when the railroad and the train depot were there.  He stated a developer from Boston in 1966 was proposing a commercial center and 10 story hotel and got approved after many zoning changes but never was done.  Then Harry Bloom had the option of putting residential units on Mason Street and US post office on Parcel 6A but that never came to life due to the environmental (diesel & lead) found on the east side of the property toward the Railroad tracks.  They had 6 different environmental studies done of which 3 were done by the City.  Atty. Treano stated through DEP through Kevin Shea’s office they are making sure the contamination does not go onto neighbors properties.  This is the best project and has gotten positive feedback from the Taunton Redevelopment Authority and Planning Board.  He stated this started way back with Mayor Nunes and have input from new Police Chief.   Congressman Barney Frank looked into State Federal grants for this and found out the contamination was 3 feet on the 6 ½ acre.   They found arcinic along the whole site.  Colleen Doherty, Exec. Director Taunton Housing Authority explains how they received the Hope 6 Grant and this is a solution for a revitalize the property. The existing 150 units are deplorable and it was time to look at tearing down the buildings and re-built.  They are proposing a mixed income residential units through the Hope 6 Grant.  They will be tearing down the 150 existing units at DeWert and replacing with 88 and 72 units on parcel 6A on Mason Street.   The Taunton Housing Authority partnered with Trinity Financial and different financial resources. They are working with the TRA to remediate 6A and we are right there, we will be their neighbors.   Hank Keating, Trinity Financial Design Engineer, stated the cost of the remediation is federally funded through Hope 6 Grants (which is not easy to get) and HUD of which they have timelines.  Troy asked what assurance to we have that it will not be the same kind of “project”  He stated he has confidence in Colleen and her department but what about Trinity?  Colleen stated that this will now be a mixed income, not just low income, and some of the residents will be returning.  She stated that Section 8 vouchers have been issued to all which are good in the US.   She stated they can’t control tenants’ boyfriends, friends who the deal with.  She stated there is criteria they have to meet. Troy doesn’t want the bad element returning.  She stated all will be re-quarried.  Colleen stated Trinity will manage and the TRA will own the land.  Troy stated he has faith in Colleen and her staff. She stated she will still be involved.  Atty. Treano stated he is the one who has to go to court and its not the tenant who is the drug pusher.  There is a minority of bad ones.  Troy stated he knows you have to catch them in the act in order to make the crime stick.   Sarah Barnat, Trinity Financial explains the project.  They created site plans, safe environment on site and will have security, community policing. She stated we have taken a lot bad areas and changes into good sites.   Chairman Ackerman asked if this property will pay taxes and she answered yes.   Ambrose Donovan, Environmental Consultant, stated the property will be subject to a Form A and have been before the DIRB.  He stated all the Hope 6 Sites have had contamination on them with the exception DeWert Ave.   They will be having road so each unit will have address and it will not be a “project”, more like a neighborhood.  The Mill River plaza is in close proximity and they are proposing a connection (walk way) to the bus station.  This site is in the transient oriented district and there will b e 41 one bedrooms, 13 two-bedroom with a 3 story high building the 2 story high.  There will be an interior corridor with a neighborhood feel.  There will be 18 row houses on Mason Street and new street with parking spaces behind, 97 parking spaces, 1.3 per unit.  He stated they manage 5,000 units and they feel very confident about these two proposal.    Chairman Ackerman disagrees they need the additional parking.  Sarah explains that most of these units are one-bedroom units and not many people drive who occupy them.  However; they have plan in place to add more parking if needed.  Joe asked about the Special Permit under Section 10.2 that gives the Municipal Council the ability to waive the parking requirements.  David Kelly, P.E. stated the DIRB and P.B. supported the parking waiver and the project could be designed if needed the parking.   They have provided an emergency access in back of green turn in case of fire.   They are required to have 144 parking spaces per the Ordinance.  Mr. Kelly stated they are asking the reduction of roadway width from 30 to 22 wide which will be really a driveway.  They think the waiver is warranted because they are not creating more traffic, and do not want add more impervious area than needed.  Steve asked Colleen how many parking spaces exist now? Colleen answers  they have 154 spaces and there are some empty.  Troy asked if units will be easily identified.  Sarah answers yes each will have their own front door with address on it.  Joe asked if they build the roadway/driveway 20 feet wide?  It was answered no.  Ambrose Donovan stated they have done intensive review of this site and conducted 26 test pits, 7 borings and 4-5 observation wells.  He stated they found petroleum and metal hydro carbins about 1-2 feet down which is primarily shallow.  They will remove top materials 6-8 feet below ground and cap it.  They will proceed with clean up of both sites.  Chairman Ackerman asked if the City of Taunton taxpayers will be responsible if clean up come in above estimate? Kevin Shea, Exec. Dir., MOCED stated he’s not aware of the City having any monies for cleanup. They have 1 million Brownfield Grant and other resources if case they need more monies for cleanup. They have an additional 1 millions in case they need it.  Atty. Treano stated in the legal documents it states the taxpayers will not be responsible for cleanup.   He stated Kevin Shea applied for grants and received 2 million to go towards infrastructure.  Chairman Ackerman asked if they would be complying with Davis-Bacon with certain prevailing wages?  They answered yes as best as they can and they will also try to employ local workers. Joe stated you went to the P.B., DIRB and us and next Council.  Estele states this is a great project and there are a lot of great people living at DeWert Ave.   Opposed: Ray Pina, 6 Myrtle St. stated he didn’t want an increase in traffic and is concerned with the kids in the neighborhood.  He stated he has problems in area with speed on Mason Street.   He is concerned with kids with and the railroad tracks. Bill Eagan, 32 Wales St. stated he’s familiar with the Hope 6 project in Rosindale, Ma.  He stated there are existing problems today with the contamination on the end of Wales Street.  He went to see the City Planner and he was told to concentrate on the 6 acre site not the Gatra site.  His property was tested and they found arsenic and petroleum and he asked DEP for the results of 3 adjacent properties.  The property where the former location of the boiler plant had coke and ash on it.  He didn’t think there was enough parking and wanted to remind them in case of snow and fire truck room.  He stated they could add more parking and the Chairman pointed out they have made provisions for additional parking.  Atty. Treano stated there are about 70-80 men segregated out there and the entire site will be cleaned up.     Joseph Zrebiec, 31 Pine St. asked if these would be all renter and what is the hardship relating to the soil condition?  Atty. Treano pointed out it’s a balancing act and there will be more green space and 30 foot wide driveway/roadway will be more dangerous for the people living there.  Letters from the City Planner, B.O.H., Conservation Commission, P.B. and TRA were read into the record.    

Motion made and seconded to Grant as Presented:   
Vote:  Ackerman, Amaral, Borges, Medeiros, Vieira, .................Yes
Petition Granted:  

Meeting adjourned at 11:33 PM.

Next Meeting is February 9, 2012 at 5:30 PM.