City of Taunton, MA

8-13-15


	CITY OF TAUNTON ZONING BOARD OF APPEALS August 13, 2015 – 6:00 pm. (held at Maxham School, 141 Oak St, Taunton, Ma.) Members Present: Wayne Berube, Michael Staples , George Moniz , Joseph Amaral, and Steven Figueiredo. Meeting opens at 6:02 PM Acting Chairman Vieira explained the ZBA process. He stated the petitioner presents their case, then they hear in favor and the opposition. They allow petitioner to address any of the opposition’s concerns. They do not go back and forth. Case #3285 Larsen Park Place Prop. I.D. 98-2 For: A Variance from Section 6.3 of the Zoning Ordinance for the construction of a single family dwelling on a lot having 37,195 sq. ft. of lot area & dry area (instead of 60,000 sq. ft. lot area & 43,560 sq. ft. dry area) For the Petitioner: Frank Gallagher, P.E., Gallagher Engineering, 4 Windsor Court, Foxboro, Ma. Terri Briand, 75 Metropolitan Ave., Cranston, R.I. In favor: None Opposed: William Mayer, 204 Park Place, Raynham, Ma. Jennifer Cote, 111 Park Place, Raynham, Ma. Eugenia White, 112 Park Place, Raynham, Ma. Diane Dickman, 106 Park Place,#6 Raynham, Ma. Stephen Smith, 507 Park Place, Raynham, Ma. Alan LeBlanc, 401 Park Place, Raynham,Ma. Gloria Croteau, 107 Park Place, Raynham, Ma. Mr. Gallagher explains the street, Park Place, is located off Middleboro Avenue and is right next to cemetery. The lot is located in the Rural Residential District with 37, 195 sq. ft. instead of 60,000 sq. ft. The lot was created back in 1987 and since then the zoning changed and now they need variance to be able to build. The proposal shows a generic house just to show it meets setbacks. The roadway is paved 24 feet wide with one sidewalk. Mr. Gallagher stated the whole neighborhood is not in compliance with the current zoning. George asked if there was duplex across street and they answered yes. They are proposing single family only. Terri Briand, spoke and explained the background. She state the entire subdivision was approved in 1986 and Taunton P.B. restricted the lots in Taunton to duplexes. She intends on purchasing lot and build house for herself. Wayne asked Mr. Gallagher if Park Place is private or public? Mr. Gallagher answers apparently it’s private. Wayne asked if he was asking for any relief for frontage and he answers no. The pavement width is 24 feet and the ROW is 50 feet. Joe asked if the Condo association maintains it and Mr. Gallagher said he did not know. Steve read letters from the City Engineer, B.O.H., Conservation Commission and City Planner. Ms. Briand stated there is on-site septic and city water. George stated he knows the area and one more single family house will not impact the road. Joe stated lots B & C already have duplexes on them. Opposed: William Mayer, 204 Park Place, Raynham, Ma. states the condo development pays for the snow plowing of Park Place. They have paid since 1988. Some of his concerns were how is it going to be built, owner/occupied, provide buffer, and will it be Section 8? He asked why didn’t they build on this lot when it was approved? He also asked if they will be contributing toward the snow plowing fees? Wayne asked if the condo association pays for plowing he answered yes but the condos are in Raynham. Wayne asked if his major concern was whether it would be rental property. Wayne asked if the existing 2 duplexes contribute towards the snow plowing? Mr. Maher answered no because the developer Mirrione handled the association and after certain occupancy turned it over the condo association and those 2 lots were never included. Joe asked if they had an entrance on other side and they said no, the only entrance is off Park Place. Opposed: Jennifer Cote, 111 Park Place, Raynham, Ma. bought her unit because she knew that lot was unbuildable and she would like to left wooded next to the cemetery. Her concerns were what trees would be taken down, septic and is the street private? She stated they pay for maintenance of street and snow removal. She too asked why wasn’t this lot built on when it was buildable? Opposed: Eugenia White, 112 Park Place, Raynham,Ma She has lived there for 8 years and she loves the woods next door and cemetery wants it to remain as is. She is concerned with the woods, graveyard stones, runoff and slope in yard, and decrease in house values. Opposed: Diane Dickman, 106 Park Place, #6 stated she lives on first floor on right and in 1989 bought this unit because it looks out to the woods. She was told the lot was not buildable and it’s peacefulness is what made her buy her condo. The topography dips and she is not aware any of the other lots contribute to the snow fees. Wayne asked what was the last condo sold for and she answers $135,000. She bought her condo in 1989 for $99,900. Opposed: Alan LeBlanc 401 Park Place, Raynham ,Ma., and Stephen Smith, 507 Park Place, Raynham, Ma. Mr. Gallagher stated they will be happy to leave a 20 foot wide tree buffer. Joe asked about the status of the road? He can’t see why the P.B approved without any conditions of who maintains the roadway. The condo development paid for the installation of road and sewer. The lot was buildable & marketable at one time. Wayne stated now it’s not buildable. Wayne asked how many condo units in Raynham? It was answered 96 units. Joe stated the duplex lot was built some years but never included as part of the condo association. Wayne asked what was the hardship? Mr.Gallagher answered the hardship is it was buildable at one time and since zoning change it’s not now. The history of the land and the fact all other lots are smaller. Letter from Gloria Croteau, was read into the record. The Board has questions as who owns the road. Joe stated his personal issue is the status of the road. George said there are already 2 duplexes there. Steve asked Mr. Gallagher about case law regarding who owns road when it’s private? Mr. Gallagher stated he think, in his opinion, each owner of lot owns to the centerline. He understands the Board has legitimate legal concerns relative to the private road? Wayne asked if he would be amendable to a reasonable continuance to get some answers? Mr. Gallagher agreed and also agreed to waive time frame on which to act on this proposal. They agreed to continue to October (for George to sit on case) . Motion made and seconded to grant to continue until October meeting. Vote: Moniz, Berube,Vieira, Amaral, Staples, ....... …Yes Petition Continued: Case #3006-Mod. Antoun & Jreij 491 W. Water St. For: A Special Permit from Section 5.2 of the Zoning Ordinance for the expansion of the existing tire service auto repair, and auto sale from 1,760 sq.ft. to 4,320 sq. ft. and the increase in the number of vehicles for sale (4 to 8 vehicles) For the Petitioner: Georges Antoun & Edmond Jreij, 1151 WashingtonSt., Apt. 2, Norwood,Ma. In favor : None Opposed: None Both gentlemen explains how they wish to expand the business and increase the auto sales from 4 to 8. Joe asked if they appeared before them and they answered no that was the previous owner. Steve read the letter from the Board of Health stating they MUST get a Hazardous Materials permit prior to opening. Mr. Jreij stated the ZBA secretary informed him of that letter and he did call B.O.H. but they haven’t called back. Letters from the Conservation Commission and City Planner were read into the record. No one in favor or opposed. The ZBA secretary reminded them they needed a Site Plan Review from Planning Board. Motion made and seconded to grant as Presented with the following condition: The business MUST obtain a Hazardous Materials Control Regulation Permit before the business can open and operate. Vote: Moniz, Berube, Vieira, Amaral, Staples..Yes Petition granted: Meeting adjourned at 7:01 pm.