MINUTES
ZONING BOARD OF APPEALS
November 13, 2014 at 6:00 pm.
(held at Maxham School, 141 Oak St, Taunton, Ma.)
Meeting opens at 6:03 PM
Members Present: Dennis Ackerman, Steven Vieira,,Wayne Berube , Michael Staples and George Moniz.
Chairman Ackerman explains the ZBA process. The petitioner presents their case, they listen to opposition & people in favor and then go back to petitioner to address any concerns of the opposition. They do not go back and forth.
Steve made motion to accept minutes of October 9, 2014 seconded by Wayne, All in favor.
Case #3251 Hudson 82 Crane Avenue South
For: A Variance from Section 6.3 of the Zoning Ordinance for the division of one lot into two lots resulting in Lot 2 having 39,417 sq. ft. of dry area (instead of 43,560 sq. ft)
For the Petitioner: Ralph Maloon, RIM Engineering Co., Inc., 12 Pratt St., Unit 105A, Mansfield, Ma.
In favor: None
Opposed: None
Mr. Maloon explains he is here tonight for the division of one lot into two lots resulting in one lot having less than the required upland area. The second lot has a large wetland located on it. Mr. Maloon stated the lot is bigger but still doesn’t have the required upland area. No one in favor or opposed. Chairman Ackerman read letters from the City Planner, B.O.H., Conservation Commission into the record. The Board asked if the lot will be serviced by municipal sewer and water? Mr. Maloon stated there will be a septic system and municipal water. Wayne asked if it was always intended to have one house on each lot and Mr. Maloon answered yes. No one in favor or opposed.
Vote: Vieira, Staples, Berube, Ackerman, Moniz........... …Yes
Petition Granted.
Case #3232 Goulart & Monteforte 45 River Pines Dr.
For: A Variance from Section 6.3 of the Zoning Ordinance for a side yard setback of 24.2’ (instead of 25’) for the newly constructed single family dwelling.
For the Petitioner: Ricahrd Feodoroff, Oscar Squared Inc, 54 Longmeadow Rd., Taunton, Ma.
Steven Goulart & Athena Monteforte, 63 Fremont St., Taunton, Ma.
In favor: None
Opposed: None
Mr. Feodoroff stated he is the developer of this subdivision. He sold this lot to applicants for the construction of a single family house. Somehow the foundation was put in 9.6 inches too close to property line. They are not sure how this happened. It was discovered after the house was constructed and they were getting ready for occupancy. The house in harmony with the neighborhood. Steve asked where are they living now and Mr. Goulart answers they are temporarily living in a basement. No one in favor or opposed. Chairman Ackerman read letters from the City Planner, B.O.H., Conservation Commission into the record.
Vote: Vieira, Staples, Berube, Ackerman, Moniz................... yes
Petition Granted.
Case #3235 Koss 44 Dean St., (Prop. I.D. 55-756, & 55-757)
A Variance from Section 7.1.2; 7.3.1; 17.4; 17.4.4; 17.6.6; 17.6.8; 17.6.9 & 7.11 of the Zoning Ordinance for the development of a parcel located in the Transit Oriented Development Overlay District. Said development having less than the required parking lot landscaping, 90 parking spaces (instead of 120); a five (5) story building 55’ in height (instead of 3 stories, with 40’ in height); residential units on ground floor (instead of parking or commercial space on ground floor); parking in front of building (instead of behind building); building not situated parallel or perpendicular to street; building situated away from street (instead of close to street) a reduction of landscaping buffer from 15 feet to 7.5.
For the Petitioner: Atty. David Gay, P. O.Box 188, Taunton, Ma.
Atty .Matthew Costa, P. O.Box 188, Taunton, Ma.
Steve Koss, 44 Dean St., Taunton, Ma.
In favor: None
Opposed: Joseph & Fernanda Silveira, 60 Arlington St.,Taunton, Ma.
Charles Thayer, 30 Dean St., Taunton, Ma.
Gerald Croteau, 570 Tremont St., Taunton, Ma. had some concerns.
Atty Gay thanked the Board for allowing the previous continuances. After a few months, due to some medical issues with the applicant, there have been some discussions with city departments. They were originally proposing 60 units but now modified to 44 units. They will need to come back for the Special Permit for number of unist. Due to the reduction of units they will NOT need a parking variance. They also changed
the height in stories and feet. Atty. Gay stated he will submit new plans to the ZBA office. They propose to set building back which requires a variance. The landscaping is being proposed 7.5 feet (per DIRB approval) and they will have 4 story building with covered dumpster. They met with the City Planner and he suggested we not have parking variance. The property is split by the railroad tracks. They have an unusual shaped lot which is separated by the railroad tracks. Atty. Gay suggests getting the Board’s comments and coming back next month. He stated we can build 36 units by right and now that they have reduced the number of units they no longer need a parking variance. Atty. Gay stated they are still very confidence the T is coming according to the new Governor. Chairman Ackerman
asked if there was a traffic study conducted? He answers yes they did one before it went to the Municipal Council for zoning change. It was asked if any 21-E was conducted and Mr. Koss answers there was one done on other side. Mr. Koss stated the entrance is about 120 feet from the intersection. Mike asked about density? Atty. Gay stated the petitioner was ambitious and filed it and then they modified it. Steve asked what the Planning Board’s recommendation for the zoning change? Atty. Gay states the Planning Board thought it was premature but the Municipal Council approved the change. Wayne asked if the little brown/tan house is in the project? Atty. Gay answers yes and the Council a few years back included the City of Taunton’s property in the TOD. Wayne asked how did you figure 36 units allowed by right? Atty. Gay he stated that is what’s allowed under the zoning ordinance. Steve asked
about SRPEDD ‘s traffic repot and it said there is 26,000 trips from Church Green going east and there is backup. Atty. Gay stated they had the traffic engineer testify at the Zoning Change hearing. Wayne asked if they had any feedback since this property is within the Historic District. Wayne originally thought this would not fit it but it’s more discreet than he thought. The traffic here is horrendous. Atty. Gay stated the immediate house in the area is in disrepair. Chairman Ackerman read both letters from the City Planner and Conservation Commission. Atty. Gay stated receiving approval will allow the development to go forward if this is acceptable to the Board and abutters. Opposition: Fernando & Joseph Silveira, 60 Arlington Street. She was not informed of meeting. It was noted the abutter notices went out in June. This has been continued until tonight. She stated the lights at Arlington
Street only is green for 7 seconds. Atty. Gay stated they are not on the abutters list. She thought the whole neighborhood should be notified. Atty. Gay stated the requirements are everyone who own property within 300 feet. She thinks out of courtesy he should have notified them. Atty. Gay asked how could he have known to notify them. She thinks this will add more congestion to the area. Gerry Croteau, 570 Tremont Street.
Asked that Dr. Thayer’s comments be added to the file. Atty. Gay suggested continuing and with meet with abutter (Silveira) Wayne asked how they got to the number and Atty. Gay answers the City Planner said that number. Wayne asked if he owned the Real Estate building and Mr. Koss answers yes. Chairman Ackerman agrees with the City Planner. He thinks if he drops the number of units they there would be less variances needed. Mr. Koss stated the parking lot will not change. Steve stated the Council approved the zoning change and then you ask for all kinds of variances? Wayne asked if the City Planner said they could, by right, get 36 units and he asked if Mr. Koss bought house ? Mr. Koss answers yes they own property on both sides of tracks. The project will front on one
street. George stated the traffic is ridiculous. Atty. Gay stated the DOT needs to improve the lights. Mr. Koss stated he owns the building that the Retirement Board is in. He stated at the Council the traffic study showed no significant impact. Mike asked if they could provide traffic study. The Planning Board thought it was premature for the zoning change. It was asked if an environmental study was conducted and Mr. Koss answers yes on one side.
Motion made and seconded to grant the request to continue.
Vote: Staples, Berube, Moniz........... …Yes
Ackerman, Vieira…………..No
Petition continued:
OTHER BUSINESS:
Letter from CHAPA – informing of an affordable unit for sale ( 24 ArabianDr.) in The Settlement.
Received and placed on file.
Road Safety Audit ($5,756.00) – Contract from Toole Design Group – for Hart & County Street – Need ZBA approval to pay out of escrow account.
Chairman Ackerman read letter requesting a contract with Toole Design Group. Wayne made motion to approve the Contract for Toole Design Group in the amount of $5,756.00 to be paid (after confirmation from DPW that the services has been provided,) out of the Hart/county street escrow Seconded by Mike. All In favor.
Meeting adjourned at 7:38 pm
.
| 
