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6-11-15

CITY OF TAUNTON
ZONING BOARD OF APPEALS
 June 11, 2015  – 6:00 pm.       
(held at Maxham School, 141 Oak St, Taunton, Ma.)

Members Present: Dennis Ackerman,  Wayne Berube, Michael Staples , George Moniz , Joseph Amaral, and  Steven Figueiredo.
  
Meeting opens at 6:04 PM   

Chairman Ackerman explained the ZBA process. He stated the petitioner presents their case, then they hear in favor and the opposition. They allow petitioner to address any of the opposition’s concerns. They do not go back and forth.  
                                                                                                                                                                                                                                             
Case # 3277                   Resendes                                    31 Codding Dr.

For:  A Special Permit from Section 5.2 of the Zoning Ordinance to allow an accessory dwelling unit and Variance from Section 7.9 #4  for the accessory dwelling unit to be over the allowed 30% habitable floor area .

For the Petitioner: Paul Patneaude, P.E., Earth Services Corp., 198 Crane Ave.So., Taunton,Ma.
                                                              
In favor:     None
Opposed:    None

Paul stated they are proposing an in-law for mom consisting of living room, kitchen, bedroom  and bathroom.  This will be independent of the main home.    No one in favor or opposed.  Letters from Conservation Commission, B.O.H., and City Planner.  
 
Motion made and seconded to grant as presented:  


Vote: Moniz, Berube,Amaral, Staples, Figueiredo....... …Yes

Petition Granted.
 

Case #3279            Chaves                          Ashleigh Terrace (Prop. I.D. 80-44)

For:  A Special Permit from Section 7.9 of the Zoning Ordinance for an accessory dwelling unit in an Urban Residential District.   

For the Petitioner:  David Chaves, 186 Ashleigh Terr., Taunton, Ma.
                             
                                
In favor:     None
Opposed:    None

Mr. Chaves states he is seeking permission to add an accessory dwelling unit for his mom.    His dad passed away and she is living alone. This will be new construction and will have water and sewer.   No one in favor or opposed. Letters from the B.O.H., Conservation Commission, and City Planner were read into the record.  
 
Motion made and seconded to grant as presented:  


Vote: Moniz, Berube,Amaral, Staples,Ackerman, ....... …Yes

Petition Granted.
#3273                            Schroeder                                      278 County St.

For: A Special Permit from Section 5.3.4 to allow the extension of a pre-existing non-conforming use (hair salon) by allowing a 26’6” x 21’6” addition.  
   
For the Petitioner:  John DeLano, P.E.. 27 Jefferson Street, Taunton, Ma.
                              Paul Schroeder, 170 Powhattan Dr.,E. Taunton, Ma.
                               
In favor: None
Opposed: None

John explains how the petitioner wishes to put addition onto the existing beauty salon.  The addition will be in front and it will not occupy any parking area.   The parking is located on the side.  They are putting addition to make it handicapped accessible.    There is an apartment to the right.  They will be moving the entrance.  There will be no more hair stylists that what is there now.  Wayne asked if they would be adding more parking and they answered no.   George pointed out there is plenty of room and if they had to add more parking they can in the back.   No one in favor or opposed.  Dept. Letters from Conservation Commission, B.O.H. and City Planner were read into the record.       

Motion made and seconded to grant as presented:  


Vote: Staples, Berube, Moniz, Ackerman, Amaral,  ........ …Yes

Petition Granted.
   

Case #3274                       Leonard                                       265 Bay St.

For: A Variance from Section 5.2 to allow the addition of auto sales in conjunction with the exiting auto repair .  
   
For the Petitioner:  Jessica Leonard, 2 Twin Brook Lane, Taunton, Ma.  

                               
In favor:   Atty. John Zajac, 170 High St., Taunton, Ma.
                Jessica Leonard, 21 Plain St. Taunton, Ma.

Opposed: None

Atty. Zajac stated the petitioner wishes to add auto sales to the existing auto repair shop.  They are looking for a maximum of 10 and need ZBA approval.  They proposing to have a few cars displayed and buy wholesale.  He states it will not be a detriment to the neighborhood.  They must come before the ZBA and if approved go back to Council for license.  George asked where would they be displayed?  Atty. Zajac answers on plans 4 in front.   There is a 2 bay garage on the right side.  George said its only 9 feet to rear.  Joe asked if on plans S is for storage and D for display.  Mike stated letter with application you ask for 1-4 vehicles.  Ms. Leonard there is 4 spots in front and the rest can be in back.   The tow trucks (9) are brought home by driver so they are no left on this property.  Wayne asked why the parking is horizontal?  Joe stated the DIRB might change that?  Ms. Leonard stated there is a driveway on right side of property.   Letters from the City Planner, Conservation Commission, and Board of Health were read into the record.  No one in favor or opposed.  George suggests having 4 in front and no more than 4 in rear.  


Motion made and seconded to grant with the following conditions:  

  •  That no more than 4 vehicles for sale displayed in front.
  • That no more than 4 vehicles for sales stored in the rear of building.

Vote: Ackerman,, Amaral, Staples, Berube, Moniz, ....... …Yes

Petition Granted.
   
  



Case #3275                 Bettencourt                      227 & 239 Richmond St.

For:  A Variance from Section 6.3 to modify the lot lines of 227 Richmond St. & 239 Richmond St. two pre-existing non-conforming parcels resulting in 239 Richmond Street having 32,679 sq. ft. of lot area & dry area (instead of 60,000 sq. ft. & 43,560 sq. ft. dry area) and 227 Richmond Street having 136,403 sq. ft.  

   
For the Petitioner:  Atty.  Thomas Gay, Jr., P. O. Box 988, Taunton, Ma.  
                               Atty. Matthew Costa, P. O. Box 988, Taunton, Ma.
                               
In favor:  None
Opposed: None

Atty. Costa explains these are 2 pre-existing parcels.  The family wishes to put the existing business on the son’s lot. They wish to cut off the back and add to abutting lot.  Atty. Costa states it’s just a swap of land between two brothers.  There is a septic system on both lots and they won’t be affected.  This will preserve the existing family business.  Atty. Costa states 239 Richmond Street is not part of the business.  There will be no new construction.  Wayne asked if they are taxed the commercial rate. Atty. Costa didn’t know.  Atty. Gay explains what is being proposed.  No one in favor or opposed.  Letters from the City Planner, Conservation Commission and Board of Health were read into the record.   

Motion made and seconded to grant as presented:  

Vote: Ackerman, Staples, Berube, Amaral, Moniz….. …Yes
Petition Granted.
 

Case #3276                                    Norcross                            65 Shores St.
Meeting held on June 11, 2015
  
For: A Variance from Section 6.2 & 6.3 of the Zoning Ordinance for the re-division of 2 existing parcels of land that have merged for zoning purposes.  Parcel 65-10  (#65) having 71’ of frontage & lot width (instead of 100’) and a 5’side yard setback for existing house on the easterly side, and parcel 65-11 having 71’ of frontage & lot width (instead of 100’)

For the Petitioner:  Atty. Matthew Costa, P.O. Box 988, Taunton, Ma.  
                                
In favor:     None
Opposed:  David Weatherford, 61 Shores St. Taunton, Ma.

Atty. Costa stated they are here tonight to divide one parcel into two parcels.  The neighborhood consists of long narrow lots and this will proposal will be compatible.  They are here for variance for frontage & lot width variances.  Atty. Costa stated the petitioner cannot afford the taxes.  She was misinformed of what the taxes would be.   They wish to convey the existing house to daughter.   Chairman Ackerman asked if approved would they be ok with restriction for singe family only.  Wayne asked if they explored the idea perhaps making a duplex house for daughter to reside instead creating non-conforming lots?  He stated they are asking for sideline setback for existing house.   Atty. Costa submits sketch of house that will not need any variances.   George asked about the swamp way back?  Atty.Costa stated the petitioner pays $4,000 in taxes and she cannot afford it.  She stated petitioner spent a lot of time looking at place so her daughter & granddaughter can live.    Wayne asked the intent is to have the daughter live there and petitioner answers yes.   Steve asked about driveway and it was answered it‘s on other lot.   Opposed:  David Weatherford, 61 Shores St., stated the land slopes and there are wetlands. He floods and doesn’t want any more water .  Chairman Ackerman stated the City Engineer would have to approve the grading and drainage during the building permit process.    Joe stated if there are wetlands they will need to go to Conservation Commission.  Letters from the City Planner, B.O.H. and Conservation Commission into the record.  Mike asked if she is going to sell house?  Ms. Norcross answers her daughter lives in the existing house.  Wayne asked if the daughter was going to live in new house and She answers no.   She is going to remain in the existing house and they will sell new lot. There was some confusion about what was said.  The petitioner’s daughter currently lives in the existing house and she will remain there.  The intent is to sell new lot (to lessen the taxes on property)   George thought she was going to building new house.  Wayne also was under the impression she was going to build new house on new lot.     Joe and Steve explained they thought George & Wayne misunderstood her.   George stated she should have clarified it better.     

Motion made and seconded to grant with the following condition:  
  • Single family only on new lot.

Vote: Ackerman, Staples, Amaral. ....... …Yes
Berube, Moniz……………………….No
Motion did not pass.

Motion for re-consideration of vote:


Motion made and seconded to grant with the following condition:
  • Single family only on new lot.
Vote:  Staples, Amaral, Ackerman,Berube, Moniz…Yes.

Motion passed.  
There was concern over the re-consideration vote.

    
Case #3280                    Connors                                         216 High St.

For:  A Special Permit from Section 5.2 of the Zoning Ordinance for a single family dwelling in an Industrial District.

For the Petitioner:  Brian Connors, 305 Britton St., Raynham, Ma.
                                                             
In favor:     None
Opposed:    None

Mr. Connors states he wishes to convert the existing commercial building (Ice House) to a single family dwelling.   He stated there will be no changes to exterior.  It was asked how big and he said about 4,000 square feet . The Board asked if he was favorable and he had no issue with it being single family only.  No one in favor or opposed. Letters from the B.O.H., Conservation Commission, and City Planner were read into the record.  
 
Motion made and seconded to grant with the following condition:  

  • Single family only.
Vote: Moniz, Berube,Amaral, Staples,Ackerman, ....... …Yes
Petition Granted.
   

Case #3278                           Giatis Inc.                             983 County St.

For: A variance from Section 7.3.1 of the Zoning Ordinance for the reduction of parking from 100 spaces to 34 spaces for a total of 200 seats (for 2 eating establishments)    

For the Petitioner:  Atty. John-Paul Thomas, 98 County St., Taunton,Ma.  
                                                           
In favor:     None
Opposed:    None

Atty. Thomas explains they are requesting a waiver of parking from 100 spaces to 34 spaces.  This is for the increase in seats to 200 seats for the two restaurants (Dunkin Donuts & sit down restaurant)  Atty. Thomas states they had a convenience store so they added that space to the existing sit down restaurant.  Dunkin Donuts is in front and Sit down restaurant (mediterrean Grill) is in rear.  Atty. Thomas states the building is large enough, sprinkled and there will be no burned on abutting properties.  The property is surrounding by restaurants & retail in rear.   It’s across  from State DPW and B P  entrance.   They have shared access to Olive Garden & Smoky Bones.  He stated he has an additional 13 spaces on Olive Garden property which was not included in the total parking.   Dennis asked what is the current parking and Atty. Thomas answers 34 spaces.    But they have 13 spaces they can use next door (olive garden)  Atty. Thomas is asking for 166 seats for the sit down restaurant.  Mike asked how many additional parking spaces they have on other property and Atty. Thomas answer 13. Joe stated is it an agreement between developers? George asked if they were adding parking to accommodate for the additional seats?  Atty.Thomas answers no.  He stated multiple people come in one car.  Dunkin Donuts doesn’t necessarily cater to sit down customers most is through the drive-thru.   Chairman Ackerman read comments from B.O.H., Conservation Commission, and City Planner were read into the record.  
Dennis was thinking between 160 – 180 seats and putting restriction on Dunkin Donuts as per the City Planner’s letter.  No one in favor or opposed.  
 
Motion made and seconded to grant with the following conditions:
  • The parking requirement for the Dunkin Donuts be reduced from the required 17 spaces for 34 seats to 5 spaces for 34 seats.  This waiver would be for a Dunkin Donuts use ONLY.  Any new restaurant or change of use in this space would result in an expiration in this waiver and require a new filing with the ZBA.
  • The sit down restaurant be granted a waiver to have 150 seats with the then remaining 42 parking spaces available.
  • That there be no additional business located on the site (ie a 3rd business) in conjunction with the Dunkin Donuts and the sit down restaurant.
Vote: Moniz, Berube,Amaral, Staples,Ackerman, ....... …Yes
Petition Granted.
   
Meeting adjourned at 7:35 pm.