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9-13-12 mins.

MINUTES
CITY OF TAUNTON
ZONING BOARD OF APPEALS
                                      September 13, 2012 at 5:30 PM
                   (meeting held at Maxham School, 141 Oak St., Taunton, Ma.)

Members Present were:   Joseph Amaral, Peter Wasylow, Estele Borges, Steven Vieira and Chairman Dennis Ackerman.

Meeting opens at 5:30 pm.

Peter made motion to accept minutes of August 2, 2012 & August 9, 2012 seconded by Joe All in favor.  

Chairman Ackerman explains the ZBA process. The petitioner presents their case then they hear from anyone in favor or opposed then they go back to the petitioner to address any of the oppositions concerns. They don’t go back and forth.  
               
Cont’d.  Case # 3112      Whittenton Mills Redev. LLC      437 Whittenton St.
A Special Permit from Section 5.2 and a Variance from Section 7.4 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 requesting a continuance and extending the time frame.
Motion made and seconded to grant continuance.
Vote: Amaral, Vieira, Wasylow, Borges, Ackerman……………….Yes
Petition Continued:


Case # 3150                Thornley                                            4 Nelton Ave.
Hearing held on September 13, 2012  

For: A Special Permit from Section 7.9 & Variance from Section 7.9 #4& #5 of the Zoning Ordinance for an accessory dwelling unit and allowing it to be over the maximum 30 % habitable floor area (proposed 38%  - 750  sq. ft.) and allowing parking in front yard.    
     
For the Petitioner: Atty. Edmund Brennan, One Church Green, Taunton, Ma.   

In favor:      None  
Opposed:     None


Atty. Brennan said they are proposing to convert the exiting garage into an accessory dwelling unit for the petitioner’s mother to reside. The family will live in main house and their elderly mother will live in converted garage.  There will be no change to the footprint and will be connected by an enclosed hallway.  The lot is a double lot and due to it’s configuration they are asking for a waiver of front yard parking.  No one in favor or opposed.  Dept. letters from City Planner, Conservation Commission and B.O.H. were read into the record.

Motion to Grant as Presented:  

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


Case # 3149                       DaRosa                                   175 Dunbar St.
Hearing held on September 13, 2012  
For: A Special Permit from Section 7.9 & Variance from Section 7.9 #4 of the Zoning Ordinance for an accessory dwelling unit and allowing it to be over the maximum 30 % habitable floor area (proposed 31.5% - 720 sq. ft.)

For the Petitioner: John& Lisa DaRosa, 175 Dunbar St.
In favor:      None  
Opposed:     None

Mr. DaRosa said they are proposing to convert the existing space above garage into an accessory dwelling unit for his wife’s sister who is special needs.  The accessory dwelling will consist of bedroom, bathroom, kitchen and living room and will be connected to breezeway. No one in favor or opposed.  Dept. letters from City Planner, Conservation Commission and B.O.H. were read into the record.

Motion to Grant as Presented:  
Vote:  Ackerman, Vieira, Amaral, Borges, Wasylow..............Yes
Petition Granted:  


Case # 3148                                Alvilhiera                       1310 Cohannet St.
Hearing held on September 13, 2012  
For:  A Special Permit from Section 5.3.4 of the Zoning Ordinance to allow a front porch having 19 foot front setback for the proposed porch (16’ x 7’ with 2’ stairs)  
     
For the Petitioner:     Anthony Alhilhiera, 1310 Cohannet St., Taunton, Ma.

In favor:      None  
Opposed:     None

Mr. Alvilhiera stated he wishes to re-build his front porch to the original footprint.  He took down several years ago and didn’t re-build within the 2 year time frame so now he needs zoning relief. Peter asked what does he mean he lost his time to re-build?  Mr. Alvilhiera stated the City Planner informed him when he took the front porch off he could have re-built within 2 years.  He didn’t so now he must getting zoning approval. Peter asked if it’s the exact same footprint and Mr. Alvilhiera stated it’s a foot or two bigger. Department letters from the City Planner, Conservation Commission and B.O.H. were read into the record.

Motion to Grant as Presented:  

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

Case # 3147                        Bairos                                         3 Claffy St.
Hearing held on September 13, 2012  

For:   A variance from Section 6.3 of the Zoning Ordinance for the division of one lot into 2 lots having 8 feet of frontage (instead of 100’)
     
For the Petitioner:  Paul Patneaude, P.E., Earth Services Corp., 198Crane Ave. So. Taunton, Ma.    

In favor:      None  
Opposed:     None

Paul stated he represents owners, Antonio & Maria Bairos. They need variance for frontage to be allowed to build on lot. Paul states there are wetlands on the north portion of the property and that part is undevelopable.    They will extend pavement driveway and provide turnaround on property.  He stated a roadway extension is impossible.  This is a paper street and there is a certain portion undeveloped.   He stated frontage is not considered “frontage” if its undevelopable.  Chairman Ackerman read the City Engineer’s letter into the record.   He recommends the T turnaround on the roadway, not on property.   Paul stated that’s can’t be accomplished.   Chairman Ackerman asks what he recommends and he stated he would recommend what they put on plan.  Joe asked what the radius is for a fire truck and Paul didn’t know.  He stated there is only 3 houses on street and the Fire Dept. will turn around on property if they have to.  There is a huge wetland on the property which restricts to where they can develop.   They have situated the house the property taking advantage of the upland.   Peter stated a fire truck can get through and there is a fire hydrant close by.  Estele stated adding another house is not going to change what is there now.  No one in favor or opposed.  Department letters from the City Planner, Conservation Commission, City Engineer and B.O.H. were read into the record.

Motion to Grant as Presented:  

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

                               
Case # 3137                  Frenette                                   815 Middleboro Ave.
Hearing held on September 13, 2012  

A Variance from Section 6.3 of the Taunton Zoning Ordinance to allow the division of one lot into 7 lots having 0 frontage on a public street (instead of 150 feet) but having access via a 24 foot wide driveway, and to allow a 8 foot fence on proposed lots 1-7 without the req’d. 30 foot rear setback     


For the Petitioner: Atty. Michael Strojny, 277 Winthrop St., Taunton, Ma.    
                              Paul Patneaude, P.E., Earth Services Corp. 198 Crane Ave. So., Taunton, Ma.

In favor:      Diane Medas, 817 Middleboro Ave., E. Taunton, Ma.   
 
Opposed:    Charles Menard, Sr., Taunton Municipal Airport, P. O. Box 441,
                   E Taunton, Ma.    
                    Maryann Nowak, Taunton Municipal Airport, P. O. Box 441, E.
                    Taunton, Ma.

Atty. Strojny states this has been in litigation for 18 months and now have reached an agreement. The property has been in the Furmanik family since 1946 and the airport took a majority of the property and left a 24’ easement known as “Westcoat Drive”.   In 1987 Henrietta Furmanik passed away.  In February 2010 they went to land court and they gave up right (south side) of property for hangers for airport and it was approved by the then Asst. City Solicitor but the airport didn’t know of it.  After some time the Airport and current owners have received an agreement and have a Memo of Understanding which was sent to the FAA and Mass DOT for approval and the last thing to complete in putting up 8 foot fence.  Unaware they needed a variance for 8 foot fence they applied for building permit and were informed they need zoning approval because they weren’t meeting the setbacks.  They can put up 6 foot fence but the agreement requires 8 foot fencing to match what already exists and in accordance with FAA regulations.   They are not using Westcoat Drive as previously proposed.  The 24 foot wide proposed driveway is 2 feet wider than Westcoat Drive, access for the airport.  Atty. Strojny stated the hardship was created by the City in 1950 when they landlocked the property.  The land takings were not correct and when we settled Diane Furmanik sold property to William Frenette.  Chairman Ackerman asked Paul Patneaude what happens to the land in front of the proposed driveway and he answers they will set up homeowner’s association.  There are wetlands adjacent to Westcoat Drive and the location of the fence is in order to stay away from airport lights.  Chairman Ackerman said he has been on Board for 17 years and he cannot remember any lots being accessed via a driveway, the most they approved is 3 houses on driveway.  In his opinion they are squeezing in lots on all the land.    His major concern is the “no man’s land” in front of the lots and who is going to maintain it? Paul stated the fence line ends to the airport road. Paul stated they could leave the land in front as wooded to act as buffer to airport.    Chairman Ackerman still thinks 7 lots is too many. Paul said it doesn’t make sense to have 50 foot ROW with 24 foot pavement. The owner is trying to make the most of what they have.  Joe said he received a lot of phone calls relative to this with concerns. He asked if it’s possible to develop as legal road.  Paul answers no, they are proposing 24’ wide driveway and it will never be legal road, never meet the subdivision control law.   Atty. Strojny stated Mr. Sanborn, direct abutter was in favor of previous proposal as long as it was a single family home.  Atty. Strojny stated the Board previously approved Briggs Street which was for 5 house lots.  Joe asked if he would have to follow the rules & regulations relative to streets (bonds, monies, etc).  It was answered no not for driveway.  Joe pointed out in the City Planner’s letter he suggests following the subdivision guidelines to ensure completion of work.   Atty. Strojny stated they have new P&S and the developer intends on living on one lot.  In Favor: Diane Medas, 817 Middleboro Ave. stated she’s a direct abutter and she doesn’t want road going in. The “old lane” has been there forever since 1940’s and there are trees in the “no man’s land” in front of the proposed lots.   She hopes they get rid of the dead trees.  If they pave the “old lane” and cut dead trees as promises then she’s in favor.    In 1937 her house was build and there was vacant land back there.  She suggests putting speed bumps along driveway and she wanted to ensure access to her lot during construction.  She is in favor of homes going in.   Charles Menard, Taunton Municipal Airport Chairman stated they submitted letter relative to the Memo of Understanding.  He wanted to clarify that Westcoat Drive is used by the pilots and controlled & operated by the Airport.  The airport gave the previous 2 owners easements.  He stated they will have to cut some trees for the easement and the airport will maintain the 15 foot strip beyond that is the homeowners association’s responsibility.  He asked that any future development include the fact that the airport is there and there are noise issues, height restriction and these should be included in the deeds.  He noted they indicated they would include in all condo/ homeowner’s documents but he wants to make sure everyone is aware of the airport.  Joe asked if the FAA has approved this transfer.   Mr. Menard’s stated the FAA’s position is they would rather not have houses next to airport.   He asks the Board to include condition that deeds include all conditions in the Memo of Understanding to protect the airport.   Chairman Ackerman concerns is home too close to airport.  Maryan Nowak, One Alcott Circle, VC Airport Commission, stated they have been working diligently in regards to the Memo of Understanding and asks the ZBA & PB outline the Memo of Understanding in their decision.  He stated his concern was the “no man’s land” and the location of the fence is their decision.  He doesn’t object just had concerns.   Atty. Strojny stated the P&S is subject to the Memo of Understanding and the original buyer backed out and he has new buyer. Atty. Strojny stated Mrs. Medas & Mr. Sanborn, direct abutters are in favor as long as they are single family dwellings.  Letters from the City Planner, B.O.H., Airport Commission were read into the record.        

Motion to Grant as Presented with the following conditions:
  •  Pavement width shall be a minimum of 24 feet for the common driveway.
  • The turnaround shall be designed to accommodate a full size fire truck.
  • A homeowner’s association shall be established prior to any building permits for the maintenance and snow plowing of the driveway and maintenance of the drainage.
  • The driveway and utility easements shall be recorded prior to any building permits.
  • Surety shall be posted for completion of the driveway work and shall follow the subdivision guidelines to ensure completion of the required work.
  • Frenette agrees for himself, his successors and assigns, to surrender any and all rights of passage in and/or on Westcoat Drive, a private driveway in said Taunton, except as hereinafter described.
  • Frenette agrees to deed all land within fifteen (15’) feet on Westcoat Drive (to be measured from the edge of pavement on the easterly side of Westcoat Drive) back to the City of Taunton for airport purposes.
  • Frenette agrees to construct an 8 foot chain link fence along the perimeter between his property and the fifteen-foot strip described in paragraph 2 similar in construction to that currently maintained by the Taunton Municipal Airport along its perimeter.
  • The Taunton Municipal Airport Commission agrees to declare as surplus and not necessary to airport use that portion of the 2.27 acre parcel described in the deed of the City of Taunton to Mr. Frenette dated January 2010 and recorded with the Bristol County Registry of Deeds at Book 18645, Page 308 after adjusting for paragraph #2 and to forward such declaration to the Taunton Municipal Council, the Massachusetts Department of Transportation – Aeronautics, and the Federal Aviation Administration.
  • The parties shall cause an appraisal to be made of the parcel described in paragraph 4 above and of the value of the disputed claim that Frenette made again property claimed by the airport and on which airport hangars had been constructed.  The Taunton Municipal Airport Commission agrees to expand the size and the scope of the easement currently running from Middleboro Avenue and Westcoat Drive to property owners abutting the properties of the airport and Frenette to permit Frenette, his successors, and assigns access along said easement and to permit Frenette to construct/improve an access road from Middleboro Avenue and to join to an access road, known as the “Old Lane”, to be constructed on Frenette’s property to service house lots be designed on said property.  The redesign of the easement will be shown on a plan that Frenette is causing to be prepared designing said house lots, including utilities and access way and will be approved by the Taunton Municipal Airport Commission, the Taunton Municipal Council, and the Mayor of the City of Taunton when a design acceptable to them is presented.  All work performed and/or materials procured at no costs to the City of Taunton and/or the Taunton Municipal Airport Commission.
  • Frenette agrees that all advertising and selling documents for house lot on the subject property will contain disclosures as to the existence of the airport and the fact that any sale will include a covenant acknowledging the existence of the airport and its right to continued operation, acknowledgement of the emanation of noise from the airport, avigation easements to permit takeoff, landing and flight patterns over the subject property and height restrictions on construction equipment, building construction and the maintenance of trees and vegetation so as not to be obstructive of aircraft.
  • Frenette agrees that any and all deeds from the subject property will contain a covenant acknowledging the existence of the airport and its right to continued operation, acknowledging of the emanation of noise from the airport, avigation easements to permit takeoff, landings and flight patterns over the subject property, and height restrictions on construction equipment, building construction and the maintenance of trees and vegetation so as not to be obstructive of aircraft.
  • Frenette agrees for himself, successors and assigns that an environmental impact statement be filed with the City of Taunton, Taunton Municipal Airport Commission, the Massachusetts Department of Transportation-Aeronautics Division, and the Federal Aviation Administration with each design or construct of any septic system or systems on the subject property.  
  • Frenette agrees that he will submit to the Taunton Municipal Airport Commission any and all plans prepared for submission to any planning or zoning authorities prior to their submission to such authorities.  Frenette also agrees to allow an analysis of the overall environmental impact of his entire development to be conducted and submitted to the Federal Aviation Administration for review.
  • This agreement shall be subject to the approval of the Federal Aviation Administration
      and the Massachusetts Department of Transportation-Aeronautics Division.
  • Install speed bumps on driveway.
  • Do Not Block Driveway R817 Middleboro Avenue (Joseph & Marjorie Medas) during construction.
  • Blacktop “Old Lane” as agreed to at meeting.
  • Removal of the dead trees must be approved by the homeowner’s association.
Vote:  Ackerman, Vieira…………….No
Amaral, Borges, Wasylow  ..............Yes

Petition Denied:

   
OTHER BUSINESS:

Green Pines Town Homes – Modification
Chairman Ackerman stated the developer is proposing some changes and read his letter into the record. The City Planner’s letter was also read into the record.
Steve made motion to find the proposed changed major, seconded by Joe. All in favor.   Chairman Ackerman stated a public hearing is required and will be scheduled for next month.   Chairman Ackerman requested the developer to submit the following items: Traffic study, plan showing water sewer and proforma all based on the increase of number of units from 49 to 72.  Mr. Telsi stated he’s going back to the original approval.  Chairman Ackerman stated he still needs to submit documents to the zba office.

Communication from Kathryn Cunningham and others – relative to the Re-development of Fairfax Gardens Hope VI project.

Both communications were placed on file.

Meeting adjourned at 7:00 pm.