CITY OF TAUNTON
MINUTES
ZONING BOARD OF APPEALS
December 11, 2014 at 6:00 pm.
(held at Maxham School, 141 Oak St, Taunton, Ma.)
Meeting opens at 6:02 PM
Members Present: Dennis Ackerman, Joseph Amaral, Steven Vieira,,Wayne Berube , Michael Staples and George Moniz.
Chairman Ackerman had a moment of silence for ZBA member Peter Wasylow who passed away on Nov. 19th. He was well known in the community for his participation in youth sports, School Committee, BP School Committee and ZBA for the past 14 years. He will be greatly missed.
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.
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, a four (4)) 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.
Philip McMahon, Traffic Engineer, 300 Myles Standish Blvd., 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.
Atty. Gay stated he submitted traffic study and revised plans last week. After speaking with the City Planner and Dr. Thayer they revised the plans showing a 3 story building with a height of 38 feet with the exact same footprint. Atty. Gay stated the hardship is strictly by the shape of the property. The DIRB has the authority to reduce the landscaping requirements but he asks the Board to grant variance for that. They can build without variance but the building will be closer to the railroad tracks. Wayne asked if there would be a variance for height and Atty. Gay answers no not now because they reduce it to 38 feet with 3 stories. Chairman Ackerman stated he would like to hear from the traffic engineer. Atty. Gay stated if we build can be put building where want but the shape
of the lot does not allow it. Mr. McMahon stated they conducted traffic peer assessment in January and at that time they based it on 61 units. They took into consideration site distance, driveway, impacts on signalized and parking demands. He submitted supplement memo dated 12-9-14 which showed a reduction of vehicle trips from 8 in the am peak hours and 9 vehicle trips in the pm peak hours. The general conclusion is the traffic would be accommodated. Chairman Ackerman asked if they accounted for the train the future? Mr.McMahon stated the feasible trips per day is not directly related to the train. Chairman Ackerman stated there will definitely be more traffic on Dean Street with people going to the train station. Mr. McMahon stated The South Coast Rail Project will be responsible to address any concerns. George suggests putting parking in back for less of an impact. Mr. McMahon stated explained the internal
circulation and cars are going to leave one way or another. George said there is bad traffic. Atty. Berube asked Atty. Gay about the letter they submitted on traffic based on 61 units and it’s less now if he thinks its generally consistent? Atty. Gay answers yes. Mr .McMahon explains how they conduct traffic assessment by taking one hour during am peak hours and pm peak hours and he does acknowledges there is cueing and will need curb cut which will need to go thru Mass. DOT. Wayne asked Mr. McMahon, in his opinion is there minimal impact based on his proposal. Mr. McMahon stated this is not going to overly make the current condition worse. Mike asked if there would be a left in? There will be fewer trips and the impact will lessen and there is adequate site distance. George asked how long the building is? The building is 75 feet wide and parking lot is about 120 feet wide. Atty. Gay stated
legally we can comply but it will create on-site issues. George asked if they had to go to the Historical District ? Atty. Gay stated the building there is no historical. Atty. Gay understands the traffic is busy but it slows down. Chairman Ackerman asks if they will consider making smaller? His biggest concern is traffic but he is now ok with the height. Atty. Gay reminded the Board they are here tonight for the variance only. They will need to come back for SP for density. They are allowed 12 units per acre and the Special Permit can increase it. George asked how far the entrance is from the tracks and it was answered about 113 feet. In favor: None. Opposed: Dr.Charles Thayer, submitted letter which was in the file. He received the modified plan and has spoken to the applicant about the changes to the plans. He stated the height is reduced, footprint reduced and this will revitalize the site. The
City struggled for many years to get the TOD and maintain some sort of commercial use on first floor but the site dos not make it possible. Chairman Ackerman read new letter from the City Planner into the record. Wayne stated he has to come back for SP for density. He’s not within the 300 foot abutters list but he lives further down on Dean Street and he thinks it will be an imposition to all abutters. He s against it now and will be in the future due to the big traffic concern. George also stated the traffic is a big issue. Atty. Gay reminded the Board they are here tonight for dimensional variances and they cannot legally deny based on traffic. He doesn’t think it will stand up in court? Wayne state he will then abstain from voting.
Motion made and seconded to grant as presented with the modifications.
Vote: Ackerman, Staples, Moniz.................................... …Yes
Vieira…………..No
Berube abstained.
Petition Denied:
Case #3253 Ferreira 31 Liberty St.
For: A Special Permit from Section 5,.3.4 of the Zoning Ordinance for the extension of a pre-existing non-conforming use by allowing a 18 x 20’ addition to a 2-family dwelling.
For the Petitioner: Aaron Ferreira, representing his brother, Emanuel Ferreira, 31 Liberty St.,E.Taunton, Ma.
In favor: None
Opposed: None
Aaron stated they are here tonight for a Special Permit to put an addition on the existing house. They will be bringing it up to code and adding 2 new bedrooms. The house will remain a 2-family house. They are just adding more living space and it will be all within the setbacks. George asked is house is located a few houses from the Fiesta and they answered yes. It was stated the house was built prior to 1900 and the staircase isn’t per the building code. The Board thought it was a reasonable request. No one in favor or opposed. Chairman Ackerman read letters from the City Planner, B.O.H., Conservation Commission into the record.
Motion made and seconded to grant as presented:
Vote: Vieira, Staples, Berube, Ackerman, Amaral ......... …Yes
Petition Granted.
Case # 3254 Martin 41 Theresa St.
For: A Special Permit from Section 7.9 & Variance from Section 7.9 #5 of the Zoning Ordinance for an accessory dwelling unit on a lot having 9,003 sq. ft. (instead of 15,000 sq. ft.) and over the allowed 850 sq. ft. and 30% habitable floor area (proposal is 923sq.ft. /41% habitable floor area) and a waiver of parking spaces from 4 to 2 spaces.
For the Petitioner: Atty. William Rosa, Wynn & Wynn, 90 New State Highway, Raynham, Ma.
In favor: None
Opposed: None
Atty. Rosa states his client has a Purchase & Sale Agreement and wishes to for an accessory dwelling unit. He stated the need for the Variance is that the lot is undersize. The house footprint will remain the same and they will expand the half bath to full bath and put kitchen in. The petitioner’s parents will be living there. They will stack their vehicles and the City Planner is requesting there be 4 parking spaces stacked. No one in favor or opposed. Chairman Ackerman read letters from the City Planner, B.O.H., Conservation Commission into the record.
Motion made and seconded to grant with the following condition:
- To allow the 4 parking spaces to be stacked.
Vote: Vieira, Staples, Berube, Ackerman, Amaral ......... …Yes
Petition Granted.
Case #3255 Warwick 227 Lakeview Ave.
For: A Special Permit from Section 7.9 of the Zoning Ordinance for an accessory dwelling unit in a Suburban Residential District.
For the Petitioner: David & Deborah Warwick, 227 Lakeview Avenue, Taunton, Ma.
In favor: None
Opposed: None
Petitioners are requesting to convert some existing space to an accessory dwelling for her aging parents. They will not alter the house they already have egress. They are not constructing more number of bedrooms. No one in favor or opposed. Chairman Ackerman read letters from the City Planner, B.O.H., Conservation Commission into the record.
Motion made and seconded to grant as presented:
Vote: Vieira, Staples, Berube, Ackerman, Amaral ......... …Yes
Petition Granted.
Case #3257 Horton 1364 Cohannet St.
For: A Variance from Section 6.2, 6.2.5 & 6.3 of the Zoning Ordinance for the division of one lot into two lots. Lot A with 10 feet of frontage (instead of 125’) 20 feet of lot width (instead of 100’) and a shape factor of 82.5 (instead of 35) and Lot B with a shape factor of 41.2 (instead of 35) .
For the Petitioner: Robert Campbell, P.E. ,representing Todd & Janine Horton, 1364 Cohannet St., Taunton, Ma.
In favor: Cheryl Campbell, 1358 Cohannet St.,Taunton, Ma.
Richard Hebert, 1382 Cohannet St., Taunton, Ma.
Irene Cinto, 1398 Cohannet St., Taunton, Ma.
Opposed: None
Bob stated the petitioners wish to divide their 3 acre parcel into two parcels. This will help financially. The parcel has an existing single family house on it and there is a large piece of the parcel they don’t use. They will maintain their existing access which they currently share a driveway with neighbor (Campbell) The new lot will have 125 feet of frontage with 30,418 sq. ft. of lot area. The majority of the lot is in the Suburban Residential District so that district governs. Bob stated the lots were created with long narrow land. The house has been there since 1995 and nothing will change other than the frontage on the other end the lot will be part of the new created lot. Bob stated this was all Dighton Industries land and there is some
wetlands in back. His lot wraps around this whole lot. There is municipal water and sewer forced main in front of the house. They will do test pit for septic system but they have an alternative . No one in opposition. In favor: Cheryl Campbell, Richard Hebert and Irene Cinto. Chairman Ackerman read letters from the City Planner, B.O.H., Conservation Commission into the record.
Motion made and seconded to grant as Presented:
Vote: Vieira, Staples, Berube, Ackerman, Amaral ......... …Yes
Petition Granted.
Case #3258 Barros River Pines Drive (Prop.ID. 36-248)
For: A Variance from Section 6.3 of the Zoning Ordinance for a side setback of 20 feet (instead of 25’)
For the Petitioner: Lisa Heavy, representing her parents, Antonio & Maria Barros, 22 Lanes Ave., Taunton, Ma.
In favor: Steven Goulart & Athena Monteforte, 45 River Pines Dr., Taunton, Ma.
Opposed: None
Lisa stated they are here tonight for a side line variance. Her parents want to build their retirement home on this lot. They purchased the lot in 2013 and due to the narrowness of the lot they need variance. If they build the house closer to the street then it won’t be compatible with all the other houses in the subdivision. Letter from neighbors Steve Goulart & Athena Monteforte, 45 River Pine Dr.in favor. Chairman Ackerman read dept. letters from the City Planner, Conservation Commission, Eng. And B.O.H., No one in opposition.
Motion made and seconded to grant as Presented:
Vote: Vieira, Staples, Ackerman, Berube, Amaral ......... …Yes
Petition Granted.
Meeting adjourned at 7:45 PM
Happy Holidays.
Next meeting is Thursday, January 15, 2015
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