CITY OF TAUNTON
ZONING BOARD OF APPEALS
June 9, 2011 at 5:30 PM
(Meeting held at Maxham School, 141 Oak St., Taunton, Ma)
Members Present: Chairman Ackerman, Berube, Joyce, Staples, Wasylow.
Meeting called to order at 5:40 PM
Peter made motion to accept May 12, 2011 minutes, seconded by Wayne, All in favor.
Chairman Ackerman explained the process of which the ZBA conducts its meetings. They listen to the petitioner/Attorney, then opposition or in favor and then back to the petitioner. They do not go back and forth.
Cont’d Case # 3017 Frenette 815 Middleboro Avenue
A Variance from Section 6.3 to allow the division of one lot into 6 lots having 0 frontage on a public street (instead of 150 feet) but having access via Westcoat Drive, a private Way.
Request to continue until September and the time frame has been waived.
Motion made and seconded to Grant continuance until September 8, 2011.
Vote: Berube, Ackerman, Wasylow, Joyce and Staples……..Yes.
Petition continued:
Case #3075 Frenette 65 Grace Meadows Dr.
Hearing held on June 9, 2011
For: The Renewal of a Special Permit from Section 7.9 of the Taunton Zoning Ordinance for an accessory dwelling unit and a Variance from Section 7.9 #4 to allow the accessory dwelling to exceed the maximum 850 sq. ft. (proposed 972 sq. ft.) and over the 30% of the habitable floor area of the building .
For the Petitioner: Linda Frenette, 65 Grace Meadows Dr., E. Taunton, Ma.
In favor: Letter from Ronald Conrad, 52 Grace Meadows Dr., E. Taunton, Ma.
Opposed: None
Ms. Frenette explains that she still lives there with her daughter, son in law and grandchildren. Nothing has changed. Chairman Ackerman read letter from Conservation Commission, B.O.H. and City Plannner into the record. Letter from abutter, Ronald Conrad, 52 Grace Meadows Dr., in favor.
Motion made and seconded to Grant as Presented:
Vote: Ackerman, Berube, Wasylow, Joyce, Staples ....................Yes.
Petition Granted:
Case #3068-Mod. McQuiggan 12 Belvoir Ave.
Hearing held on June 9, 2011
For: A Variance from Section 6.3 to allow a 20 ‘ x 25’ garage having a 1 foot sideline setback.
For the Petitioner: James McQuiggan, 12 Belvoir Ave., Taunton, Ma.
In favor: None
Opposed: None
Mr. McQuiggan stated he’s asking for a sideline setback of 1 foot for a garage he received approval for last month. The reason is that he has received estimates and it’s not that much more to construct a little larger garage. In essence, he would be paying for the labor for the larger garage. Chairman Ackerman stated that if he gets approval for a certain size garage that is all he can build and the contractor has to make sure he complies. Wayne asked why doesn’t he put it on other side? He explained this lot as subject to variance to divide the property into 2 lots and this Board placed condition that a certain sideline setback for that side be met. Wayne asked how many estimates did he get? Mr. McQuiggan stated he spoke with 7 different
contractors. John asked if he talked with neighbor on that side? He stated her house is for sale plus her house s more on the other side of her lot. The Board was just concerned if there was a fence put up that would be quite close. Mr. McQuiggan states 20 feet wide would allow for 2 cars. He is proposing one oversized door to accommodate for 2 cars. It was noted if neighbor put up fence right on property line it would be hard to maintain the garage with only 1 foot. Letters from the Conservation Commission, B.O.H., and City Planner were read into the record. No one in favor or opposed.
Vote: Ackerman, Berube, Wasylow, Joyce, Staples ....................Yes.
Petition Granted:
Case #3072 Sunny & Dev. Corp. 306 Winthrop St.
Hearing held on June 9, 2011
For: A Special Permit from Section 5.2 for the use of an existing drive-thru window in a Highway Business District.
For the Petitioner: Atty. David Gay, P. O Box 988, Taunton, Ma.
In favor: None
Opposed: None
Atty. Gay stated they are here tonight to re-instate the drive-thru window at this location The previous use was a laundry/cleaning business and now Honey Dew Donuts wishes to go in. There will be no alteration to the site and there is a roadway going in from Rte. 44 to Cohannet Street which is barely used. The new plan shows 5 cars stacking and they plan on extending the island and eliminate some parking spaces. The only thing that will be added is the reader board and more striping so cars won’t park there. There was some discussion as to whether or not this will create some confusion with the adjacent Dunkin Donuts drive-thru. Atty. Gay stated they have no stacking ability but we are planning on having it on our property. The City Planner did review the lasts plans but did not change his letter. Several Board members wanted additional information relative the adequate stacking and general traffic flow on the site to accommodate the use. Atty. Gay stated he could show on
plans and extend island has he was saying. He requests continuance and waives the time frame.
Motion made and seconded to continue until next month request new plans be provided showing traffic flow and stacking for drive-thru.
Vote: Ackerman, Berube, Wasylow, Joyce and Staples………Yes.
Petition continued to July 28, 2011
Case #3073 Marvel 10 Pratt St.
Hearing held on June 9, 2011
For: A Special Permit from Section 5.3.4 for the extension of a pre-existing non-conforming structure by allowing a 19’ x 19’ addition.
For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma.
In favor: Letter from Mr. & Mrs. Joseph Botelho, 4 Herbert St., Taunton, Ma.
Letter from Bernardino & Maria Amaral, 93 Plain St., Taunton, Ma.
Letter from Jean Silva, 9 Pratt St., Taunton, Ma.
Opposed: None
Atty. Gay stated they are proposing an addition to an existing non-conforming structure which will be 19’ x 19 which will be used as a family room and study/den. They will be removing the small shed on the property and a new garage will go going up but that doesn’t need any zoning approval. The property is on the corner of Pratt Street and Herbert Street. The addition will be 12 feet from Herbert Street which will not be any closer to the existing house. Letters from abutters read into the record. Letter from Conservation Commission, City Planner, and B.O.H. were read into the record.
Vote: Ackerman, Berube, Wasylow, Joyce, Staples ....................Yes.
Petition Granted:
Case #3074 Cardoso 199 School St.
Hearing held on June 9, 2011
For: A Variance from Section 6.3 to allow the re-construction of a dwelling having a 10 foot front yard setback (instead of 25’) and sideline setback of 5 & 11 feet (instead of 15’)
For the Petitioner: Joseph Figueiredo, on behalf of Maria Cardoso, 14 State St., Taunton, Ma.
In favor: None
Opposed: None
Mr. Figueiredo stated he is the contractor hired by the applicant to renovate house. They asked him for his opinion as to take house down or just renovate? He stated because the house was in bad condition and bad structural with regards to the ceilings joints, floor joists, he suggesting taking down and start new. John asked if they doing farmer’s porch? Mr. Figueiredo stated they will extend second floor and the overhang is over the farmer’s porch. He stated the new house will be structurally sound and comply with all building codes. Letters from Conservation Commission, City Planner, and B.O.H. were read into the record. No one in favor or opposed to proposal.
Motion to Grant with the following condition:
- A building permit to raze the existing dwelling must be signed off by the Board of Health. Before this may be done, a receipt from a licensed pest control operation must be obtained stating there are no pests in the dwelling. Also, the owner must ensure no asbestos materials remains in the property during demolition. Once demolition has been concluded, any new construction must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II.
Vote: Ackerman, Berube, Wasylow, Joyce, Staples ....................Yes.
Petition Granted:
Case #3076 Sousa 625 County St.
Hearing held on June 9, 2011
For: A Special Permit from Section 5.3.4 for a cosmetology salon in conjunction with an office use and residential unit.
For the Petitioner: Atty. David Marcelino, 685 Glebe Street, Taunton, Ma. representing petitioner.
In favor: None
Opposed: None
Atty. Marcelino stated the property was a former clothing consignment shop, eye care retail and now he wishes to change the use to hair salon on first floor. They are proposing 6 styling stations and have plenty of parking on the property. Chairman Ackerman read letter from the City Planner dated today and asked if he received copy. Atty. Marcelino answers yes he received that today by fax. The City Planner’s letter stated the plans are not surveyed, doesn’t not show square footages of uses, office, hair salon and residential units. Atty. Marcelino passes out assessor’s property cards showing square footages. He stated he needs 2 parking spaces for the residential, 4 for office use (600 sq. ft) and 5 for retail (1,100 sq. ft.) The secretary informed him that he didn’t
include any for hair salon which would be ½ the seating. Chairman Ackerman stated the plans are confusing and asked that all the square footages of the uses, parking spaces and the zoning line on the plans. Atty. Marcelino stated all this information is in the paperwork he passed out. Chairman Ackerman stated it’s confusing to go back and forth. It needs to be all on one plan. You will need it for the site plan review process. John asked what’s there now? Atty. Marcelino answers first floor is vacant, office is vacant and residential use is occupied. Wayne asked who owns the property? Atty. Marcelino states Zenalia Sousa, her son and himself are all trustees. The Board suggests continuing until next month for submission of accurate plans.
Motion made and seconded to grant continue and applicant waives the time frame.
Vote: Staples, Joyce, Berube, Wasylow, Ackerman, ......................Yes.
Petition continued until July 28, 2011
Case #3077 Ibrahim 370 County St.
Hearing held on June 9, 2011
For: A Special Permit from Section 5.3 4 to the change of use from Auto Repair & Retail to all Retail.
For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma.
In favor: None
Opposed: None
Atty. Gay stated this property received prior zoning approval for gas station and glass company then most recent auto repair and a portion retail. Now they wish to eliminate the auto repair and have whole site approved for Retail. The auto repair shop is vacant and now the lessee wishes to change the use to All Retail to have some peace of mind. There are no expansion plans now but this will eliminate any auto repair going in. He stated the City Planner’s letter stated they need Site Plan Review but there will be no changes to site. No one in favor or opposed. Letters from Conservation Commission, City Planner, and B.O.H. were read into the record.
Vote: Staples, Joyce, Berube, Wasylow, Ackerman, ......................Yes.
Petition Granted:
Case #3078 Rock Partners LLC 540 Myles Standish Blvd.
Hearing held on June 9, 2011
For: A Special Permit from Section 5.2 to allow the entire building (22,688 sq. ft.) for office use (exceeding the 20% allowed ) in an Industrial District (See # 2724)
For the Petitioner: Atty. William Rosa, 90 New State Highway, Raynham, Ma.
In favor: None
Opposed: None
Atty. Rosa stat this is one of the first buildings built in the Industrial Park. Since late 1980’s the building has been used for offices and in 2005 they received Special Permit to legalize the office use. Unfortunately, due to the economy, the building has been vacant, and now needs re-approval for the office use. No one in favor or opposed. Letters from Conservation Commission, City Planner, and B.O.H. were read into the record.
Vote: Staples, Joyce, Berube, Wasylow, Ackerman, ......................Yes.
Petition Granted:
Case #3079 Olaniyan 148 Tremont St.
Hearing held on June 9, 2011
For: A Special Permit from Section 5.3.4 to allow the addition of auto sales in addition to the existing gas station, convenience store and mechanical bay (see ZBA Case #2828)
For the Petitioner: Jerry Olaniyan, 69 Tremont St., Taunton, Ma.
In favor: None
Opposed: None
Mr. Olaniyan states he is adding the sales of vehicles to the existing gas station/convenience store. Chairman Ackerman read the letter from the owner of property with restricting to 5 vehicles and vehicles store and kept behind fenced area located at the rear of the property, and shall not block and/or restrict access to same. There was some discussion as to what the Board can grant. They were all in agreement that the owner gives permission for the tenant to appear before this Board with conditions. Mr. Olaniyan stated he met with owner yesterday and showed him what he was planning on doing. Letters from the B.O.H., City Planner, and Conservation Commission were read into the record. The Board does not want to approve something without the owner’s consent. The Board suggests
continuing until next month and asks Mr. Olaniyan to get clarification from owner if they put sliding fence/door to display vehicles would that be ok. The Board asked if he has Class II license already? He answers no but he’s in the process of having one transferred to him?
John stated that we must comply with owner or this tenant has no standing being before this Board. The Board wants to grant but also has to have owner’s consent.
Motion made and seconded to continue until July 28th for clarification from owner of property.
Vote: Staples, Joyce, Berube, Wasylow, Ackerman, ......................Yes.
Petition continued.
OTHER BUSINESS:
Green Pine Town Homes – minor adjustment to exterior siding on buildings. & bay window.
Request from applicant requesting change to exterior siding and bay window. Chairman Ackerman stated the applicant submitted change to siding and a bay window that was mistakenly dropped from plans.
The Board found this to be a minor change and agreed to the changes. All in favor.
Green Pine Town Homes – Lottery Package
A lottery package was submitted by Delphic Associates for Green Pine Town Homes and was forwarded to the City Solicitor for review. Their only recommended change was change Town of Taunton to City of Taunton.
Motion made and seconded to approve lottery package with the change of Town of Taunton to City of Taunton. All in favor.
Letter from City Planner – relative to fee schedule – Proposing to raise 3 filing fees
Discussion took place with regards to the request to raise a few fees. The majority of the Board does not want to raise fee. Wayne stated the businesses fees are outrageous but doesn’t want the fees to affect the overtime r the secretary. John stated he too doesn’t want to hurt the secretary’s overtime but he feels the fees are a comparative cost for the services provided.
Motion made and seconded to table. All in favor.
Meeting adjourned at 7:52 PM.
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