CITY OF TAUNTON
ZONING BOARD OF APPEALS
JANUARY 14, 2016 – 6:00 pm.
(held at Maxham School, 141 Oak St, Taunton, Ma.)
Members Present: Dennis Ackerman, Wayne Berube, Steven Vieira, Joseph Amaral, Colby Correira, Michael Staples and George Moniz.
Meeting opens at 6:02 PM
Joe made Motion to accept minutes of December 10, 2015 meeting, seconded by Wayne, All in favor
Election of Officers: Chairman & Clerk
Wayne nominates Dennis Ackerman for Chairman, Seconded by Steve. .All in favor. Dennis abstains from vote.
Wayne nominates Steve Vieira for Clerk, seconded by Joseph. All in favor All in favor. Steve abstains from vote.
Chairman Ackerman explained the ZBA process. He stated the petitioner presents their case, then they hear in people favor and people opposed. They allow petitioner to address any of the opposition’s concerns. They do not go back and forth
Park Place – Case # 3283 - Zoning Determination from the City Planner
Chairman Ackerman read the City Planner’s Zoning Determination relative to Park Place, Case # 3283 . He stated he received several calls from Board members regarding this. Chairman Ackerman suggesting sending letter to the Building Inspector and City Solicitor stating they have concerns over a building permit being issued.
Wayne made motion to forward a letter to the Building Inspector and City Solicitor stating the Board has concerns over a building permit being issued and for some direction from the City Solicitor. Seconded by Steve. All in favor.
Chairman Ackerman welcomed new member Colby Correira.
Request for a 6-month Extension – Case # 3257 – 1364 Cohannet St.
Chairman Ackerman read letter requesting a 6-month extension.
Joe made motion to grant 6-month extension, seconded by Wayne. All in favor.
Case # 3304 154 Eugenia Street LLC 226 Winthrop St.
A Variance from Section 6.3 of the Zoning Ordinance for the division of one lot into two lots with one having 11,257 square feet (instead of 15,000 sq. ft.) for the construction of a duplex home
Chairman Ackerman read letter requesting to withdraw without prejudice. They will come back new plans showing single family and will meet with abutters.
Wayne made motion to grant request to allow petition to be withdrawn without prejudice. Seconded by Steve. All in favor.
Case #3305 Lawrence Greystone & Cornell Ave.
For: A Variance from Section 6.2 & 6.3 of the Zoning Ordinance for a Variance from Section 6.2 & 6.3 of the Zoning Ordinance for the creation of a lot with 58.93’ of frontage & lot width on Greystone Street (instead of 100 feet) a 20 foot front setback from Cornell Avenue (instead of 25 feet) on premises situated on Greystone Street and Cornell Avenue, known as Property I.D. Map 105 Lots 114-116, Taunton, Ma.
For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma.
In favor: None.
Opposed: None
Atty. Gay stated that Mrs. Lawrence is here tonight with her son Greg Logan. They are proposing s small 2 bedroom house near Simon Says on the lot behind where the gas station was. She purchased property many years ago and then purchased some and from individuals (foreclosure). They wish to consolidate Joe Lawrence’s assets to the Trust. They were under the impression the lot was buildable because it had enough frontage on Greystone Street. She put on market and had survey done and realized at some point and time the lot was cut off. The topography drops off. The existing 3-family is presently a rental house with garage. The existing building on the lot will be razed and they will get water & sewer from Greystone Street. The new house would provide them with some financial
relief for the other property. Atty. Gay stated the shape, topography and history of the land is the hardship. Chairman Ackerman read letters from the City Planner and Conservation Commission into the record. No one in favor or opposed.
Motion made and seconded to grant as Presented:
- That the lot be serviced by municipal sewer and water.
Vote: Amaral, Correira, Vieira, Berube, Ackerman
Petition Granted
Case #3306 West 122 Highland St
For: A Variance from Section 6.2 & 6.3 of the Zoning Ordinance for the division of one lot into two lots with Lot 1B having 50’ of frontage (instead of 125’) and 79.9 feet of lot width (instead of 100’) and 13,800 sq. ft. of upland area (instead of 22,500 sq. ft.) in a Suburban Residential District.
For the Petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma.
In favor: None.
Opposed: None
Atty. Rounds stated the property is located on Highland Street which has a single family house on it and has frontage on Pinehurst Street, a recently improved roadway. The zoning line and wetlands bisect this lot. They intend to divide property and have one lot with existing house and then have second lot in read with 50 feet of frontage on Pinehurst Street. They increased the size of the lot but cannot do anything about the frontage but 50 feet is sufficient for access for one lot Chairman Ackerman read letters from Conservation Commission, City Planner letters into the record. The Chairman drove by and it’s a big piece of land with frontage on Pinehurst Street. Wayne asked if they would be betting sewer & water from Pinehurst Street and he answered yes. No one in favor or opposed.
Motion made and seconded to grant with the following condition:
- That the lot be serviced by municipal sewer and water.
Vote: Ackerman, Vieira, Amaral, Berube, Correira
Petition Granted
Case #3307 Eugenio Ben Street
For: A Variance from Section 6.2 & 6.3 of the Zoning Ordinance for the construction of a house on Lot 91-12 having 50 feet of frontage and lot width (instead of the required 100 feet) and 5,000 sq. ft. of lot area and upland (instead of the required 15,000 sq. ft. of lot area and 11,250 sq. ft. of upland) and 11 foot side yard setbacks (instead of the required 15 foot side yard setbacks) in an Urban Residential District, and the construction of a house on Lot 91-11 having 50 feet of frontage and lot width (instead of 125 feet frontage and 100 feet of lot width) and having 5,000 sq. ft. of lot area and upland (instead of the required 30,000 sq. ft. of lot area and 22,500 sq. ft. of upland) and 11 foot side yard setbacks (instead of the required 15 foot side yard setbacks) in a Suburban Residential District.
For the Petitioner: Atty. William Rounds, 115 Broadway, Taunton, Ma.
In favor: Tony Melo, 137 Highland St., Taunton, Ma.
Opposed: None
Atty. Rounds stated the petitioner has owned this property since 1950 and has had informal discussions about constructing the roadway, Ben Street. Based on the cost of the road he needs to get 2 lots to afford the improvement to the road. The lots are shown as originally laid out from the 1920’s. Atty. Rounds states they are asking for setbacks so the minimum distance between houses would be 22 feet. Chairman Ackerman red letters from the Conservation Commission and City Planner into the record. Chairman Ackerman stated looking at plan shows shed in roadway and a driveway is in road. Atty. Rounds stated the driveway would have to be re-located. There is an existing 8” sewer main going down street and the water dept. will state what is needed for water. It was stated
there has been a recent approval in the neighborhood Pinehurst Street. Joe asked if they have been paying taxes on 2 separate lots and Atty. Rounds answers yes. He stated they are showing the lots as exactly the same that it has always existed. Atty Rounds stated they would be going to the Planning Board for Roadway Improvement Plan. Atty. Rounds stated they contact neighbor (Furtado) to see if they would want to go in on improving road and they said no. In favor: Tony Melo, 134 Highland Street Spoke in favor. Joe asked how do they deal with the existing driveway that is in road? Atty. Rounds stated we will leave it to the Planning Board.
Motion made and seconded to grant with the following condition:
1 Single family dwelling on each lot.
2. A Roadway Improvement Plan must be approved by the Planning Board
Vote: Ackerman, Vieira, Amaral, Berube, Correira
Petition Granted
OTHER BUSINESS:
Notice of Foreclosure Auction - postponed to Feb. 23, 2016 – 30 Pocasset Place -
Read and placed on file.
Meeting adjourned at 6:41 PM
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