CITY OF TAUNTON
ZONING BOARD OF APPEALS
NOVEMBER 12, 2015 – 6:00 pm.
(held at Maxham School, 141 Oak St, Taunton, Ma.)
Members Present: Dennis Ackerman, Wayne Berube, Steven Vieira, Michael Staples , Joseph Amaral, George Moniz and Steven Figueiredo.
Meeting opens at 6:02 PM
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 opposition concerns, they do not go back & forth.
Case #3298 Assoc. for Human Services 68 Allison Ave.
For: A Variance from Section 6.3 of the Zoning Ordinance for a side setback of 20 feet (instead of 35’) and a Special Permit from Section 5.2 for the modification of Case # 2540 to allow a 6,413 square foot addition resulting in an increase in the building from 14,950 square feet to 21,363 square feet to be used as educational services.
For the Petitioner: Atty. Edmund Brennan, One Church Green, Taunton, Ma.
In favor: None
Opposed: None
Atty. Brennan stated the existing use was from a Special Permit granted in 2003 and now they want to modify it. They want to add an addition resulting in a bigger square footage and need a setback variance. The business provides services to individuals who have certain disabilities. They need the additional space for storage of records of which they a paying for off site. Chairman Ackerman read letters from the City Planner, B.O.H. and Conservation Commission into the record. Atty. Brennan asked that the Board approve the slight change in the building size. The size of the building should be 776 square feet bigger and the setback is actually 19.2”. There was some discussion and Atty. Brennan stated it was his error and asked the Board for a continuance so they could re-advertise the dimensions. He stated they have time to re-advertise and come back next month.
Motion made and seconded to continue until next month for re-advertising.
Vote: Ackerman, Staples, Amaral, Berube, Vieira ......Yes
Case #3299 Pilling Norton Ave. (36-54)
For: A Variance from Section 6.2 & 6.3 of the Zoning Ordinance for the division of one lot into two lots with both lots having 57.07 feet of frontage & lot width (instead of 150’ of frontage & 100’ of lot width)
For the Petitioner: Atty. Michael Strojny, 277 Winthrop St., Taunton, Ma.
In favor: None
Opposed: Peter Thompson on behalf of Christopher Thompson, 625 Norton Ave., Taunton, Ma. had questions.
Atty. Strojny stated they are here tonight for approval to divide one lot into two lots. The property is like a Christmas tree lot and each lot will have 50 feet of frontage and lot width. Atty. Strojny said he applicant would be doing all site work. They will park on property and have municipal water and septic system. Atty. Strojny stated the applicant doesn’t want to build road and put 3 houses in. Chairman Ackerman asked if any test pits were conducted. Mr. Pilling answers yes they perked one lot 6 weeks ago. Chairman Ackerman read letters from the City Planner, Conservation Commission and B.O.H. No one in favor. Opposed: Peter Thompson on behalf of his brother, Christopher Thompson, 625 Norton Avenue had a few questions. He has no issues with the
houses go in. He asked if there would be 2 driveways? He had questions with the edge of the driveway and where would they plow snow and utilities? There was some discussion with him and Mr. Pilling regarding how the driveways would be. Mr. Pilling said they will have underground utilities and will have 2 water taps. It was suggested by Chairman Ackerman perhaps having a common driveway? The Board was informed that the P.B. has jurisdiction over the frontage and access.
Motion made and seconded to grant as Presented:
Vote: Ackerman, Vieira, Staples, Amaral, Moniz ........Yes
Petition Granted
Case #3300 Sinclaire 111 Dean St.
For: A Special Permit from Section 5.2 of the Zoning to allow expansion of the day spa from 1,100 sq. ft. to 2,200 sq. ft. to include manicure, pedicure, and spray tanning
For the Petitioner: Melanie Sinclaire, 27 Gibbs Rd., Middleboro, Ma. .
P. Burke Fountain, 111 Dean St., Taunton, Ma.
In favor: None
Opposed: None
Melanie states she is here tonight because she wants to expand her business to include the next suite, for a total of 2,200 square feet. The neighboring electrolysis moved out and she wants to take over that spot. She will put door in but it’s still going to be kind of separate due to the odor. Joe asked why was she here? Atty. Fountain stated the City Planner stated they need to zoning approval. The former electrolysis moved out an she had a couple of clients at a time. There is plenty of parking and this will fit right it. It was brought to the Board’s attention they need zoning approval because they are expanding the use from 1,100 sq. ft. to 2,200 sq. ft. and adding use. No one in favor or opposed. Chairman Ackerman read letters from the City Planner, B.O.H., and
Conservation Commission into the record.
Motion made and seconded to grant as Presented:
Vote: Ackerman, Vieira, Staples, Amaral, Berube, ......Yes
Petition Granted
Steve Vieira excused at 6:42 pm.
Case #3292 Rose-Nixon Woodbine Street (Map 64 lots 142-146, 148- 155, Map 65 Lots 480 – 482, 486-488)
For: A Variance from Sections 6.2 & 6.3 of the Zoning Ordinance for 12 unbuildable lots on Woodbine Street to be buildable without having the required lot area, minimum dry area, frontage, lot width, side & front setbacks on property on Assessor’s Map 64 Lots 142- 146, 148-155; Map 65 Lots 480- 482, 484, 486-488 on Woodbine Street.
For the Petitioner: Atty. John-Paul Thomas, 98 County St., Taunton, Ma.
In favor: MaryAnn Riva, One Woodbine St., Taunton, Ma.
Marilyn Sikorski, 31 Oak Ave., Taunton, Ma.
Resident of 8 Kilmer Ave. Taunton, Ma.
Erin Vallearelli, 33 Florence St., Taunton, Ma.
John Joyce, 1194 Somerset Ave., Taunton, Ma.
Mike Ballow, 20 Prospect St., Taunton, Ma.
Opposed: Karen Claudio, 39 Woodbine St., Taunton, Ma.
Kyle Fernandes, 27 Oak Ave., Taunton, Ma.
Atty. Alan Medeiros, representing Robert McClellan, who owns property on Woodbine Street.
Peter Hultman, 14 Belvoir Ave., Taunton, Ma.
Deborah Carr, 175 Partridge Circle, Taunton, Ma.
Atty. Thomas stated they are requesting variance from Section 6.2 & 6.3 for property on Woodbine Street. The property is service by municipal water & sewer. They are asking for a reduction if the lot sizes. The property is the former skating rink which a dilapidated building which if falling down. The police & fire have been there for fires and vandalism. Currently the lots are on Woodbine Street and Oak Avenue and Vinson Street. They are asking for approval for 12 undersized lots. They will be removing the skating rink and will need to do a Roadway Improvement Plan for the Planning Board. Currently the daughter owns and the only way to make it work with the roadway improvement is to have 12 lots. Atty. Thomas states prior to zoning the lots were all 5,000 square feet.
He stated they are not asking for 5,000 sq. ft. lots and he thinks what they are asking for is reasonable. He stated 12 lots is not a lot considering the neighborhood. George asked what the average lot size was? Atty.Thomas answers about 6,000 – 7,500 square feet. Joe asked about lot 12 having frontage on Vinson Street would not even need a variance? Joe asked why the City Planner’s letter says 12 lots when lot 12 appears to not need a variance? Atty. Thomas points out that 4 lots front on Oak Avenue and one fronts on Vinson Street but will have access and sewer from Woodbine St. Wayne asked what lots would be subject to the Roadway Improvements? Atty. Thomas stated technically the interior lots. Joe assumes the improvements will come from Oak Avenue. Chairman Ackerman read dept. letters from the City Planer, B.O.H. and Conservation Dept. and letter from Joe & Karen Claudio, 39
Woodbine St., into the record. In favor: Erin Vallarelli, 33 Florence Street stated she is in favor. Currently there is crime and vandalism there and houses would eliminate that. John Joyce, 1194 Somerset Ave., stated he is a friend of the family and not an abutter. The majority of the traffic in the neighborhood is from the residents, water runoff will have to be approved by the City Engineer. He stated no one wants development in their neighborhood because its different. He knows too well because he had a new development go right in next to him. He pointed out the lot sizes they are proposing are bigger than what is there now. He stated the residents will benefit with utilities, with no assessment, sewer, new road. He stated the project itself is reasonable. It was pointed out that water is in but not all the way down the road. In favor: Mike Ballow, 20 Prospect St. stated this will add more houses in City As a
real estate broker he sees a lot of vandalism & fire which drains the city’s resources. In favor: resident of 8 Kilmer Ave. stated the Rose family has owned the former roller rink for years. Now it’s a dilapidated building which need to be taken down, There has been issues with drugs, and police and fire dept. has been there. She would like to see the land upgraded. This is the perfect opportunity. In favor; Marilyn Sikorski, 31 Oak Ave., stated a new development would improve the neighborhood. Maryann Riva, One Woodbine Street stated all the residents in the neighborhood have been spoiled with the kids playing in the parking lot of the rink and road. She has had to call police for break in and there was a fire in house. She stated she knows change is hard but it would be better than what is there now. She has had to call DPW to plow because they forget to go down Woodbine Street.
Joe asked her if she had sewer and water and she answered yes. The amount of work would increase the value. She stated if they did a 40-B project they could potentially put 27 units. Chairman Ackerman said 40B to a point. Opposed: Karen Claudio, 39 Woodbine Street submitted letter in opposition. She is the only non-rose now renting on street. She too has had to call for plowing. She is concerned with the contamination. She stated her lot is 5,000 square feet and it‘s on the plans incorrectly. She stated Peter Hultman directly abuts her in the back and it’s not like that on the pans. Chairman Ackerman stated all the water problems will be fixed. She states she will have to live in construction zone for few years while it’s being developed. She also pointed out
there is a bus stop for 10 children on Oak Street. She says they are proposing too many houses, maybe 4 houses will be ok. Chairman Ackerman suggests she talk to Lt. John Joyce about the traffic in the area. Opposed: Kyle Fernandes, 27 Oak Ave. stated the Rose family didn’t care about the neighborhood leaving the building the way it is now all of a sudden they want to improve neighborhood. He stated the site might be contaminated and he can’t see having $300,000 houses in this area? He stated the fact that they need 39 variances proves it’s too much for this site. Just because they want to sell property now they want to improve neighborhood. They had their friends that don’t even live in the neighborhood speak in favor. They have not cared for the property for many years. If they did they would have cleaned up the needles. His concerns are traffic, conservation, contamination, drug deals. Etc. Joe
stated he respects his concerns but the roller rink needs to be taken down. He pointed out the ZBA is just the beginning stage. He pointed out the 5 goals of the ZBA and there is no hardship. Opposed: Atty.Alan Medeiros, representing Robert McClellan stated the applicant has not demonstrated any hardship. They have enough land to make the lots more conforming, instead they are creating non-conforming lots, creating their own hardship. Deborah Carr, 175 Partridge Circle, representing concerned residents. There are 2 issues, lot size and lack of hardship. She agrees with the City Planner in reducing the number of house lot. The rink should be torn down and some type of residential use should be put there. She too is also concerned with the alleged contamination. She stated you need good reason to not comply with zoning rules. She suggests taking the City Planner’s recommendation. Opposed: Peter
Hultman, 14 Belvoir Ave., he built house 5-6 years ago and he wants some kind of guarantee he will be protected from water runoff. Joe asked the opposition if they were opposed to the setbacks variances being approved. Att. Medeiros asked that no setback variances be granted. He stated he didn’t know where the pavement ends on Vinson Street. Atty. Thomas comments on the alleged contamination saying he had conversion with EPW saying they are far enough away. The groundwater was not affected. According to EPW there has not been any issues in the last 10 years. Chairman Ackerman stated lots 11, 10, 9 & 8 are not affected. Joe asked if they laid out the lots in a certain way to not be part of the affected area and Atty. Thomas answers yes. Chairman Ackerman stated he is torn in he thinks development would be good but maybe not 12 lots. He suggests dropping to 10 lots. Atty. Thomas stated they could combine lots 6& 7 and combine lots 8, 9, 10,11 into 3 lots.
Atty. Thomas stated the plans may be incorrect in identifying the lots but the measurements are correct. Chairman Ackerman asked what is the hardship. Atty. Thomas stated the Rose family owns almost all the property and if the City takes the property it will create hardship. The topography of the land and the fact that the lots pre-date subdivision control law. He stated you can’t get this location in different spot in the City. He is in agreement with combining lots. George states they want 12 lots now and if they combine a few they will ask for 10 lots. Atty. Thomas stated they would be asking for 10 units even though some lots having frontage on the existing streets and not part of the roadway improvement. Chairman Ackerman his background as a planner he thinks the improvements would be
good for the neighborhood. There was some discussion by several board members who wanted to see plans showing 10 lots. Chairman Ackerman recommends a continuance to submit new plans showing 10 lots and to fix the plans in regards to showing the correct placement of lots. Also to find out if Woodbine Street is an accepted street..
Motion made and seconded to continue for one month to submit re-designed plans showing 10 lots.
Vote: Ackerman, Staples, Berube, Amaral, Moniz ........Yes
Petition continued.
Case #3297 Fonseca 518 Weir St.
For: A special Permit from Sec. 5.2 to allow a residential use (2nd floor) in a Business District.
For the Petitioner: Antonio Fonseca, 185 Winthrop St., Taunton, Ma. .
In favor: None
Opposed: letter from Cindy Vieira, 527 Weir St., Taunton, Ma.
Mr. Fonseca sated they bought 518 Weir Street and they wish to use the second floor as a living unit and the first floor for real estate office. There is no elevator so you cannot use second floor for any type of business.
He was proposing a 1-2 bedroom apartment. Wayne stated he drove by and this is right next to the fire dept. He stated the whole thing is paved. He asked why did he buy it? Wayne asked what is there now? Mr. Fonseca answers it’s wide open space on both floors. Chairman Ackerman pointed out they just purchased it on October 2nd and it’s before us already. He stated he should have been aware of what he purchased. Chairman Ackerman stated he will be consistent and vote no. He thinks they haven’t even tried to use it for a business use. Mr. Fonseca stated the second floor cannot be used because it doesn’t have an elevator. Chairman Ackerman stated they could use it for storage. Wayne asked if he was a licensed relator and Mr.
Fonseca answered yes. Mr. Fonseca stated he plans on having his real estate business there. Joe stated what was the second floor ever used for? Mr. Fonseca stated it’s strange because there is no record but it was used at one time. The last use was a small vacuum business. No one in favor. Letter from Cindy Vieira, 527 Weir St., was read into the record. Chairman Ackerman read letters from the City Planner, B.O.H. and Conservation Commission into the record.
Motion made and seconded to grant as Presented:
Vote: Ackerman, Staples, Amaral, Berube, Moniz.......No
Petition Denied
Other Business:
Letter from Orland Moran – informing of Notice of Sale of Real Estate – foreclosure – 30 Pocasset Place – Powhattan Estates
Placed on file.
Meeting adjourned at 8: 26 PM
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