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2-14-13 mins.
MINUTES
CITY OF TAUNTON
ZONING BOARD OF APPEALS
  February 14,  2013 at 5:30 pm.        
(held at Maxham School, 141 Oak St, Taunton, Ma.)

Members Present:  Dennis Ackerman, Steven Vieira, Estele Borges and Joseph Amaral,  and Wayne Berube   .
Meeting opens at 5:30 PM.

Wayne made to accept minutes of January 10, 2013, 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 # 3159                      Brophy                                  485 Crane Ave. South
Hearing held on Feb. 14, 2013
   For: A Variance from Section 6.3 of the Zoning Ordinance to allow the division of one lot into two lots resulting in Lot 1B having 0 feet of frontage and lot width (instead of 150’ of frontage & 100’ lot width.

For the petitioner:    Paul Patneaude, P.E., Earth Services Corp., 198 Crane Ave. So., Taunton, Ma.
                                 
Opposed: None
In favor:   None  

Mr. Patneaude explains how they wish to split a 9 acre parcel into two lots which needs zoning relief for frontage & lot width.  This is a very large parcel and the applicant whishes to live in the existing barn (to be converted to house) with her elderly Mom.  The current house has stairs and the applicant’s mother cannot climb stairs.  The garage is grade level and would be accessible to her Mom.  Paul stated they had perk test done. He stated the applicant has some medical issues of her own and this will help her out financially.  Chairman Ackerman stated this property was split years before in 1980’s and this Board can vote to divide again.  No one in favor or opposed.  Letters from the Conservation Commission, Board of Health, DPW, Tax Collector.   
        
Motion made and seconded to Grant as Presented

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


Case # 3161            Frenette                                             815 Middleboro Ave.
Hearing held on Feb. 14, 2013
    
For:  A Variance from Section 6.3 of the Taunton Zoning Ordinance to allow the division of one lot into 5 lots having 0 frontage on a public street (instead of 150 feet) but having access via a 24’ wide driveway on Westcoat Drive, a Private Way, and to allow an 8 foot fence without having the req’d 30 foot rear setback on proposed lots 1-5.  

For the petitioner:   Atty. Michael Strojny, 277 Winthrop St., Taunton, Ma.   
                                 
Opposed: None
In favor:   None  

Atty. Strojny stated this case has been on and off for about 2 ½ years.   The property consists of 10.75 acres adjacent to Westcoat Drive and they are proposing 5 lots.  They received approval from the P.B. on the repetitive petition and allowed to come back to ZBA.  They need a Special Permit for common driveway for 5 lots with P.B.  In 2010 the case was settled and some issues were agreed with the Airport Commission.  Chairman Ackerman asked if Earth Services, Paul Patneaude could come in the enclosure.  Paul stated as a result of the Memo of Understanding they are required to put up 8 foot fence to comply with airport rules along Westcoat Drive.    Parcel “A” will be conveyed to airport commission as part of the agreement.  Paul stated there are some wetlands on lots 4 & 5 which they are hoping to avoid. He was told the airport has lost $500,000 in grants through the FAA because of the ongoing legal issues. Atty. Strojny stated Mrs.Medas & Mr. Sanborn, direct abutters are in favor of petition.  Joe asked what were the changes with the P.B. Repetitive Petition?  Atty. Strojny stated the changes were 7 lots to 5 lots and moving the 8 foot fence.   Joe pointed out that he was in favor of the City Planner’s letter and wants to put all his conditions in decision if approved. He asked Atty. Strojny if they were ok with that. He specifically asked if he ok with putting fence up first and the development of roadway shall follow the subdivision rules & regs.  Atty. Strojny stated the easements have been recorded.  Joe agrees with the City Planner’s letter in regards to following the subdivision rules.  Wayne asked about the letter from FAA and asked if he that has been resolved.   Atty. Strojny states yes.  Chairman Ackerman stated he has been the most vocal showing his opposition to 7 lots and would be more comfortable with 3-4 lots.  Chairman Ackerman suggests making lot 1 bigger and reducing to 4 lots with reconfiguring lots.  Paul stated yes that can be done.  Paul pointed out they laid out the lots due to the land pitching and drainage issues.  Chairman Ackerman stated he still doesn’t like 5 lots. He is trying to get a win win situation for airport and applicant.  He suggests reconfiguring lot lines and reducing number of lots to 4.  Atty. Strojny stated his client will entertain 4 lots.  Paul likes the flexibility to re-configure lots lines to see how it would work.  Chairman Ackerman suggests reconfiguring lots to the cul-de-sac and leaving remaining land (lot 5) to be buffer with airport.  Joe stated he voted for previous case7 lots) and was also in favor of the City Planner’s letter in regards to condition #4 in regard to utilities and complying with the subdivision rules.  It was pointed out about the flight patterns and having lot 5 no build will protect that.  Wayne asked if all the conditions in the Agreement have been completed? Atty. Strojny no because some of the things need zoning approval (i.e. fence) and other things will be done after approvals. Steve asked if this would be a future street and Atty. Strojny answers no it’s a driveway.  Wayne’s concern is with the Memo of Understanding in the fact that nothing has been completed.
Atty. Strojny stated the meets & bounds description is completed and the boundary line was agreed to and signed by the players and he can submit within a day or two.  Steve stated he’s in favor of 4 lots with lot 5 being no build zone. In favor: Atty. Wm. Manganielli, representing airport commission.   He pointed out some facts to the Board with regards to the FAA letter and stated what has been completed, et. Fencing, 15’ strip of land along Westcoat Drive, meets & bounds are required to satisfy the FAA and he pointed out all land along the airport is in the fly zone and is clearly delineated for the pilots.  Once satisfied the FAA would be ok.  He requests the Board, if approves, to incorporate all condition in their letter and conditions in Memo of Understanding.  Joe asks who policies these conditions?  Atty. Manganiello stated the airport commission and zoning enforcement office and City Solicitor office would police.  Wayne asked if the Airport Commission could let the Board know when all is in compliant.  No opposition to this request.   Letters from the City Planner, B.O.H., Conservation Commission and DPW and Tax Collector and letter from Airport Commission  were read into the record and placed on file.   Atty. Strojny amended his request from 5 lots to 4 lots.  

Motion made and seconded to Grant with the following conditions:

  •  Reconfigure the lots up to the existing cul-de-sac resulting in 4  conforming lots and the remaining land (lot 5 to be “a no build zone”)
  • A homeowner’s association must be created for maintenance of the access drive and drainage prior to any building permits being issued.
  • All easements for access, utilities and drainage must be recorded prior to any building permit.  
  • The 8 foot chain link fence must be completed prior to any building permits.  
  • Construction of the access drive, utilities, and drainage shall follow the subdivision rules and regulations for covenants, surety and lot releases during construction.
  • A Notice of Intent may be required for construction of the driveway and some of the lots.  
  • The lot would need to be able to construct an on-site septic system, with appropriate setback requirements and buffers in accordance with Title 5 regulations, and private wells.  The dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II.  
  • A deed transfer of a 15 foot strip along the entire east side of Westcoat Drive (MOU #2)
  • The construction of an 8 foot fence which also involves being permitted, along the entire western boundary of Mr. Frenette’s property that abuts the airport property, next to or near the 15 foot strip referenced in #1 above (MOU#3).
  • A confirmatory deed ceding the disputed claims to property south of the agreed upon property line abutting the airport.
  • Establish the location of the Frenette property lines that affect the airport, with bounds; including those on Westcoat Drive and Jack Cruz Drive to determine the easterly location of the proposed easement and the Frenette property.
  • The Taunton Airport Commission agrees to issue a 24 foot easement utilizing the airports driveway, commonly known as Westcoat Drive and the “Old Lane”, from Middleboro Avenue to the property owners abutting the properties of the airport. Such easement to be approved by the Taunton Municipal Airport, the Taunton Municipal Council and the Mayor of the City of Taunton (MOU#5).
  • All plans prepared for submission to the Taunton Planning and Zoning Authorities will be submitted to the Taunton Municipal Airport Commission prior to their submission to the authorities noted above (MOU #9).
  •  Should Mr. Frenette sell said property to a developer (s) all provisions of the MOU and subsequent agreement noted above must stand and apply to the new owner (s) and their successors.
  • Airport Commission to follow up with the ZBA that all FAA has been complied with.
  • Must meet all FAA Requirements prior to any building permits being issued.
The ZBA also requires that the “Memorandum of Understanding”  be complied with and is as follows:

  • 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 prior approval of the Federal Aviation Administration and the Massachusetts Department of Transportation-Aeronautics Division.
Further the ZBA placed these additional conditions as previously agreed to in the former hearing:

  •  Install speed bumps on driveway in front of Medas Home (817R Middleboro Ave).
  • Do Not Block Driveway 817R Middleboro Avenue (Joseph & Marjorie Medas) during construction.
  • Blacktop “Old Lane” as agreed to at meeting.
  • 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.
  
VOTE:                                                               5 In Favor               0 Opposed

Dennis I Ackerman, Chairman                      Yes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
Joseph Amaral, Clerk                                    Yes
Estele Borges                                                 Yes                                   
Steven Vieira                                                  Yes                                                                                                                                                                                                                                                            
Wayne Berube                                                Yes                                
 
PETITION GRANTED:
     

        





Case # 3163        McGee Family Partnerhsip                    Richmond St.
Variance from Sec. 6.3 and a Special Permit from Section  5.2 of the Taunton Zoning Ordinance to allow the division of an 5.45 acre parcel into 3 lots and  a Special Permit to allow a  residence in a Industrial District; Lot A-3-1 having 20.01 feet of frontage & lot width (instead of 150’ frontage & 100’ lot width) with a shape factor of 44.51 (instead of 35) Lot A-3-2 having 20.01 feet of frontage & lot width (instead of 150’ frontage & 100’ lot width)                                                                                                                                             

Motion made and seconded to grant the request for a continuance until April.
Vote:  Ackerman, Berube, Amaral, Borges, Vieira ….Yes
Petition continued to April 11, 2013.

Case # 3158                     Silvia                                      275 King James Blvd.
Hearing held on Feb. 14, 2013
For : A Variance from Section 6.3 of the Zoning Ordinance to allow a 20 foot front yard setback for a garage  (instead of 25’)   
 
For the petitioner:   William Ryker, Guaranteed Builders Inc., 14 West St., Douglas, Ma.  
                                 
Opposed: None
In favor:   None  

Mr. Ryker stated he is proposing to construct a 24 x 24 addition to the existing house which is on the corner of King James Boulevard and Squire Lane.  So he is forced to meet the front yard on the Squire lane side.   There will be storage room above.  There will only be access from the house which is a ranch style house.  Chairman Ackerman asked if there is any other place to put garage and he said no.  No one in favor or opposed.  Letters from the City Planner, Conservation Commission and Board of Health, and all taxes paid.  
        
Motion made and seconded to Grant as Presented

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

Case # 3162                User-Friendly Recycling LLC               336 Weir St.
 Hearing held on Feb. 14, 2013
For:  A Special Permit from Section 5.2 for a Retail Use (3,000 sq. ft.) in an Industrial District.

For the petitioner:    Stanley Spiegelman, User-Friendly Recycling LLC, 336 Weir St., Taunton, Ma.    
                                 
Opposed: None
In favor:   None  

Mr. Spiegelman stated they wish to have a small retail area about 3,000 square feet in their new location at 336 Weir Street. They recently re-located from Cape Road and the recycling is allowed under the zoning but they need special permit for the retail use.  They recycle electronics, computers, and stuff like that.  The retail use is beneficial.  They do not have any hazardous things on site. Their former location had retail.  Chairman Ackerman asked if this is a better location than Rte. 44 and Mr. Spiegelman answers he hopes so. Rte. 44 was too busy and people were unaware they were there.  There is plenty of parking on site and there should be no issues with any neighbors.  Wayne asked if they take individual computers and recycle or repair and they said yes.  They could take tv’s computer and certain things they do charge.  No one in favor or opposed. Letters from the City Planner, Conservation Commission, Board of Health and Tax Collector.   

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

Case # 3160        Hawthorne Dev. Inc.                                   31 Madison St.
Hearing held on Feb. 14, 2013    
For:  A Variance from Section 6.3 of the Zoning Ordinance for the construction of a single family home on a lot having 7,950 sq. ft. (instead of 15,000 sq.. ft) with 50 feet of frontage & lot width (instead of 100’) and 6 foot side yard setback (instead of 15 feet) and 7,950 sq. ft. of upland (instead of 11,250 sq. ft.) and a Special Permit from Section 5.2 to allow a single family dwelling in a Highway Business District.  
  
For the petitioner:   Atty. Edmund Brennan, One Church Green, Taunton, Ma.
                                                                 
Opposed:  Shawn & Stephanie Ponte, 29 Madison St., Taunton, Ma.
In favor:    Letter from Steven Fongeallaz, Jr., 35 Madison St., Taunton, Ma.

Atty. Brennan explains this property is located off Broadway, Rte 138, and is in the Urban Residential District and Highway Business District.  There are row houses next door which are in the process of being renovated.  This is the last house lot on the street to be developed.  The lot is small but in consistent to other lots in the neighborhood.  The lot has 50 feet of frontage with 7,950 square feet.  Atty. Brennan showed an aerial photo of the neighbor to show the lots’ size is traditional to that of the 1920’s when these were developed.  The house on the lot was razed in 1990.  They are proposing a smaller house for someone just starting out.   The abutter to the left is in support of petition.  Joe asked about abutting lot? Atty. Brennan pointed out there is house on that lot which received a variance.   Steve asked about parking and Atty. Brennan pointed out there would be parking on left of house.   Wayne stated the abutter in favor is son of seller who lives there.  Wayne remembers about the variance granted to neighboring property few years back and he had concerns then.  But he said after looking at aerial photo it’s not inappropriate for the neighborhood.  Joe asked what type of house is next door and Atty. Brennan said it’s split level cape.  Joe asked what size house were they thinking and Atty. Brennan answers 28 x 34 ranch. It was suggested turning house or adjusting size to achieve a bigger side setback.   Wayne stated the submitted plans shows a 6 foot sideline setback.  Atty. Brennan pointed out the abutting house has 4-6 feet.  Opposed: Shawn & Stephanie Ponte, 29 Madison St. stated they have some issues with the house being so close. Their house has variance also but she is concerned with the safety and privacy of this house being so close. She has small children and their safety is their concern.  Chairman Ackerman suggested having the developer talk to abutters. After a few minutes the developer agreed to increase the side setback to 10 feet on  Ponte side and put up chain link fence.  It appears the abutters are now satisfied with the moving of the house.  Wayne voiced his displeasure with allowing a dialogue between the abutters and petitioners during the hearing process. Letters from the City Planner, Con. Comm., and B.O.H and Tax Collector were read into the record.
  

        Motion made and seconded to Grant with the following conditions:

  • Increase the side setback to 10 feet along (29 Madison Street) Ponte property.
  •  Install a chain link fence along property line of 29 Madison Street (4 foot chain link fence for a distance of 30 feet then a 6 foot chain link fence) for the remainder of the property line to the rear of property.

Vote:  Ackerman, Vieira, Amaral, Berube  ..............Yes
Petition Granted:  

  
Meeting adjourned at 7:32 PM