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12-13-12 mins.

MINUTES
CITY OF TAUNTON
ZONING BOARD OF APPEALS
                                      December 13, 2012 at 5:30 PM
                   (meeting held at Maxham School, 141 Oak St., Taunton, Ma.)

Members Present were:   Joseph Amaral, Estele Borges, Steven Vieira and Wayne Berube, and Chairman Dennis Ackerman.

Meeting opens at 5:31pm.

Chairman Ackerman explains the ZBA process. The petitioner presents their case then they hear from anyone in favor or opposed then they go back to the petitioner to address any of the oppositions concerns. They don’t go back and forth.  

Case # 3154                                     Cook                               448 Broadway
Hearing held on Dec. 13, 2012
  
For:  A Variance from Section  7.5 of the Zoning Ordinance for a second free-standing sign with a total size of 135 sq. ft. total combined (instead of the max allowed 125 sq. ft.)  
 
For the petitioner: Frank Tosti, 153 Fremont St., Taunton, Ma.   
                                 
Opposed: None
In favor:   None  

Mr. Tosti stated they are here tonight for permission for signage for the existing businesses at 448 Broadway. One sign has been there for 67 years and they would like to add 2 equally sized signs to that and be able to add more square footage to the other sign.  The reason for 2 free-standing signs is that there are 3 driveways for 3 businesses.  They are legalizing the sign that has been there for 67 years.   Chairman Ackerman stated he is usually tough on signage but he has no problem with this request.  Wayne asked if he just adding more square footage to the existing free-standing sign and Mr. Tosti answers yes.  Letters from City Planner, Fire Dept., Conservation Commission and Bd. Of Health were read into the record.
       
Motion made and seconded to Grant as Presented

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

Petition Granted:  
 

Case # 3155                      Binda                                       60 Old Colony Ave.
Hearing held on Dec. 13, 2012
  
For: A Variance from Section 6.2, 6.2.5 & 6.3 of the Zoning Ordinance for the division of one lot into 2 lots.  Lot A having 14,035 sq. ft. (instead of 30,000 sq. ft.) with 10,147 sq. ft. dry area (instead of 22,500 sq. ft.) with 70.24’of frontage (instead of 125’) lot width of 66’ (instead of 100’)   and a shape factor of 39 (instead of 35 )  Lot B having 12,018 sq. ft. & dry area (instead of 30,000 sq. ft. & 22,500 sq. ft. dry area) 70 ‘of frontage (instead of 125’) and 68’ of lot width (instead of 100’)  

For the petitioner:  Michael Binda, P. O. Box 170, Halifax, Ma.
                                 
Opposed: None
In favor:   None  

Mr. Binda stated he currently owns 3 properties in the City and he wishes to divide this parcel into two to construct a single family house for himself to live. Chairman Ackerman stated this is a small lot and he wants to  make it even smaller.   Wayne asked if he has enough room for a house and still comply with the setbacks?   Wayne asked if all houses were rentals and Mr. Binda answers yes.  Joe asked if the existing house was single or two and Mr. Binda answers 2 family.  Joe asked what’s the hardship? Mr. Binda stated he originally purchased the house with the intention of having house for himself.  Joe pointed out there is only 70 feet of frontage and he wants to divide that into two?  Joe asked what size house was he considering?  Mr. Binda answers doesn’t know for sure, thinking a 2-3 bedroom ranch style house.  Joe asked can’t he just live in the house that’s there.  Mr. Binda stated this is the first piece of property he purchased I the City.  The Board is aware that Mr. Binda‘s property are all investments. Wayne stated there is no hardship, there is nothing stating you can’t sell in future.  He stated the lot in its current configuration does not meet the zoning requirements.  Wayne stated he’s not justifying what he wants to do. There will be a significant increase in non-conformities in the lot was divided.    No one in favor or opposed.  Letters from the City Planner, B.O.H., and Conservation Commission were read into the record.   
    
Motion made and seconded to Grant as Presented

Vote:  Borges, Vieira, Berube, Ackerman, Amaral……….No
Petition Denied:
 

Case # 3156     The Neighborhood Corp.Weir Village LLC         10 First St.
Hearing held on Dec. 13, 2012
  
For:  A Special Permit from Section 5.2 of the Zoning Ordinance for a 2- family dwelling in a Business District on premises situated at 10 First St., Taunton, Ma.
 
For the petitioner:  Dean Harrison, Exec. Director, The Neighborhood Corp. 120 Ingell St., Taunton, Ma.
                                 
Opposed: None
In favor:   None  

Mr. Harrison stated he’s here tonight for permission to build a duplex style home in the Business District.  The duplex will be owned and operated by The Neighborhood Corp.  The property was the former Nu-Brite Paint company which has been recently cleaned up.  They have spent a substantial amount of money for the clean-up and no longer has any activity use restriction on the property.   This will be the first of the 5 properties they own  
that will be revitalized.  Chairman Ackerman asked if this will be rental?   Mr. Harrison answers yes but could be sold in the future but now they intend on renting.  Joe stated the Neighborhood Corp. has done a great job and this will improve the area.  Wayne asked if this would be an affordable dwelling?  Mr. Harrison answers no, this property will be market rate.   The duplex will be a 3 bedroom 1 ½ bath and may have garage in future.  Letters City Planner, Eng., Fire Dept., Conservation Commission and Bd. Of Health were read into the record.
No one in favor or opposed.   Chairman Ackerman stated they are also requesting a waiver of the filing fees ($450)
        
Motion made and seconded to Grant as Presented

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

Motion made and seconded to waive the filing fee.
All in favor.      


Meeting adjourned at 6:05 pm.