MINUTES
CITY OF TAUNTON
ZONING BOARD OF APPEALS
September 17, 2015 at 6:00 PM
Members Present were: Dennis Ackerman Chairman, Wayne Berube, Joseph Amaral, Steven Figueiredo, Michael Staples. Steven Vieira present at 6:49 pm.
Meeting opens at 6:04 pm. .
Wayne made motion to accept minutes of August 13, 2015 seconded by Joe. All in favor.
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 #3293 Henkin Lakeview Ave. (Prop.I.D. 31-33)
For: A Variance from Sections 6.2 & 6.3 of the Zoning Ordinance for the development of a lot having 63.79’ of frontage (instead of 125’) and 56.59’ of lot width (instead of 100’)
For the Petitioner: Atty. Mathew Costa, P.O. Box 988, Taunton, Ma.
In favor: None
Opposed: Paul Veradt, Owner of Lafayette Club, 18 Lakeview Ave., Taunton, Ma.
Susan Lavoie, 35 Lakeview Ave. Taunton, Ma.
Annmarie Amoedo, 25 Lakeview Ave., Taunton, Ma.
Ruth Kelly, 24 Lakeview Ave., Taunton, Ma.
Ronald & Kathleen McKenzie, 74 Lakeview Ave., Taunton, Ma.
Brianna Lavoie, 35 Lakeview Ave., Taunton, Ma.
Nick Bertholette, 35 Lakeview Ave., Taunton, Ma.
Atty. Costa states this property is over one acre and has been in existence since 1959. He states some time ago in 1960 the lots merged into common ownership. House #35 was constructed and this lot was never developed and now needs variance. It has an unusual shape in that it has 46,000 square feet but only has 63 feet of frontage. The lot widens towards the back. They propose to build house in back and will meet all setbacks. They were proposing locating the house about 90 feet from front and having 35-40 feet from side line. He stated there is a parking lot on one side (LaFayette Club) and no houses in that area. The petitioner will preserve as much buffer as he can. The closest abuts is in back and it over 100 feet away. The owner has been paying taxes on
a buildable lot. If approved he will convey to petitioner. Atty. Costa stated there is plenty of room to avoid any congestion to neighborhood. The lot is in a residential neighborhood with a lot of smaller houses. Atty. Costa states there will be no direct impact on neighborhood. He will hear the concerns of the neighbors and is willing to put plantings & fencing for their privacy. Chairman Ackerman read dept. letters from City Planner, B.O.H. and Conservation Commission. Wayne asked about the corrected deed in 2013. Atty. Costa stated they inadvertently conveyed this piece to Susan Lavoie when she bought 35 Lakeview Ave. So they had a corrected deed transferring back. Atty. Costa stated according to the Assessor’s information on GIS they are paying taxes on lot assessed at $105,000. Wayne asked if Mrs. Lavoie was paying taxes or the petitioner? There was mistake at closing and they corrected
it. Opposed: Paul Veradt, owner of LaFayette Club stated this lot is part of the driveway for the LaFayette Club. He thinks a house on this lot would depreciate Sue Lavoie’s house. Joe asked how long has Sue been there? Paul answers since 2013. Susan Lavoie, 35 Lakeview Avenue states she bought house in 2013 because of the peace & quiet and the woods. She noticed her taxes and went to the Tax Assessor’ and found out she has been paying taxes on the lot she did not know she bought. She stated her attorney corrected the deed and she was reimbursed for the taxes she paid. Wayne asked her if when she signed the corrected deed if she was aware it would eventually be a house there? She signed the deed because she knew she did not buy that property but didn’t think it would be a lot for house. Opposed: AnnMarie Amoedo, 25 Lakeview Ave. states she has lived there for 7 years and has 2 children. She loves her beautiful wooded area
and wants it to stay that way. She did point out the LaFayette Club has many functions and there are a lot of cars and noise which is a concern to her. She stated this will affect her property value. Opposed Ruth Kelly, 24 Lakeview Ave., lives across the street and she signed a petition for No Parking on one side. She too stated the LaFayette Club holds functions which adds to the problem.. Opposed: Kathy McKenzie, 74 Lakeview Ave. stated this lot is portion of the parking lot for the club is on this property. Ronald McKenzie, 74 Lakeview Ave also opposed. Wayne asked if there was an easement for the club to use this portion of the driveway? Brianna Lavoie, 35 Lakeview Ave. also opposed. She stated this will affect their privacy. They moved her from city because of the wooded area and privacy. Nick Bertholette, 35 Lakeview Avenue also opposed. He stated there is steep hill and they would need to remove a
serious amount of trees. Parking is a problem. Wayne asked if there was any prescriptive easement. Mr. Veradt stated he has been using this parking lot for 20 years. Chairman Ackerman asked Wayne about adverse possession? Wayne explains there is a process you could do if you have maintained a property for 20 years called adverse possession but you would need documentation for court. Atty. Cost agrees according to the plan a portion of the LaFayette’s paved area is actually on this property. However; he suggests they could put 20 foot wide driveway for house. They would not want to impact the LaFayette Club. They are also willing to put 40 foot No Touch along Lavoie’s property and they will try to preserve tree line. He stated the topography is a factor because it drops off. He stated the petitioner will work with the neighbors. The petitioner does not want to impact anyone’s quality of life. Atty. Costa
states there is plenty of room to build without impacting neighbors due to the property being densely developed. Joe asked if Mr. Henkin will be living there and Atty. Costa answers no.
Joe stated he knew Mr.Arguin and if he wanted house there it would have been there by now.
Motion made and seconded to grant with the following conditions:
- The driveway to be 20 feet wide.
- 40 foot no touch zone along property lines abutting Lavoie property.
Vote: Ackerman, Berube, Amaral, Staples,Figueiredo ....... …No
Petition Denied:
Case #3286 Wright Burt St. Property I.D. (50-90)
For: A Variance from Section 6.3 of the Zoning Ordinance for the development of a lot having 26,245 sq. ft. of lot area & dry area (instead of 60,000 sq. ft. of lot area & 43,560 s q. ft. of dry area.) with 125 feet of frontage (instead of 150’) on premises situated on the easterly side of Burt Street, known as Assessor’s Map 50, Lot 90.
For the Petitioner: Paul & Karen Patneaude, P.E., 198 Crane Ave. So., Taunton, Ma.
In favor: None
Opposed: David Dubreuil, 184 Burt St., Taunton, Ma.
Karen states the property is along Burt Street and 4 lot were created in 1981and since then the zoning changed and now variance to make buildable. The City Planner initially thought it was grandfathered but after more review said no. The property has city water but no sewer. Steve asked if 1986 the property was conveyed to daughter? Karen answers yes. Chairman Ackerman read dept. letters from City Planner, B.O.H., and Conservation Commission. David Dubreuil, 184 Burt St., was opposed. He stated this lot has failed 2 perk tests and he is worried about runoff water from building. Chairman Ackerman stated the City Engineer has to ensure, during the building permit process, that there will be no additional runoff that what is there now. Karen
stated the perk has been approved by Board of Health. The perks are on plans. She stated the whole area isn’t great but it did perk.
Motion made and seconded to grant as Presented:
Vote: Ackerman, Berube,Vieira, Amaral, Staples, ....... …Yes
Petition Granted.
Case #3287 DaVeiga 15 Newcomb Place
For: A Special Permit from Section 5.3.4 of the Zoning Ordinance for the extension of a pre-existing non-conforming structure by allowing a 14’ x 26’ deck having a 4.78’ side setback .
For the Petitioner: Filenio DaVeiga, 15 Newcomb Place, Taunton, Ma.
In favor: None
Opposed: None
Mr. DaVeiga explains how he wishes to put a deck on his house for his family to enjoy. He will be 4.8’ from side property line but not any closer than the existing house. Chairman Ackerman read letters from the Conservation Commission, B.O.H., and City Planner into the record.
Motion made and seconded to grant as presented:
Vote: Ackerman, Berube,Vieira, Amaral, Staples, ....... …Yes
Petition Granted.
Case #3288 Artesani & Moniz Oaklawn Ave. (Map 47-Lot 218 thru 223)
For: A Variance from Section 6.2 & 6.3 of the Zoning Ordinance for the re-configuration of 7 unbuildable lots into 4 buildable lots. Lot 1 having 12,643 sq. ft. lot area & upland, Lots 2, 3, & 4 having 6,267 sq. ft. lot area & upland (instead of 15,000 sq. ft, of lot area & 11,250 sq. ft. of upland). Lot 2 having 62.66 feet of frontage & lot width, Lots 3 & 4 having 62.67 feet of frontage & lot width (instead of 100 feet)
For the Petitioner: Atty. David Gay, Gay & Gay, P.O. Box 988, Taunton, Ma.
In favor: None
Opposed: James & Linda Silva, 7 Whitsborough St. Taunton, Ma.
John Delisle, 238 School St., Taunton, Ma.
Jean Silvia, 6 Whitsborough St., Taunton, Ma.
John & Marie Loura, 14 Whitsborough St.,Taunton, Ma.
Anna M. Correira, 9 Whitsborough St., Taunton, Ma.
Residents of 236 School St., Taunton, Ma.
Atty. Gay stated he is representing petitioner but he did not file application. They seek variances to re-configure lots on Whitsoboro Street and Oaklawn Ave. There is an existing 2 family known as #13 Whitsboro Street which is pre-existing non-conforming. The neighborhood consists of smaller lots with and these lots will fit in. They are not asking for any side setback variance so there will be at least 30 feet between houses. There is water & sewer available in the area but not sure this time if they will tie in. School Street has been completely done over and according to the DPW Whitsboro Street was recently paved. If they go in from School Street the DPW will recommend to Council to repave the whole section of street (not just patch). There are no wetlands on this
property. They are proposing parking on lot and no garages proposed. They will rehab existing house and proposed 3 single family dwellings on new lots. Originally there were 7 lots and they merged and now they wish to re-configure. Chairman Ackerman read dept. letters from B.O.H., City Planner and Conservation Commission into the record. Letter from abutters James & Linda Silva opposed. Atty. Gay stated the petitioner went to 9 abutters and they were in favor. Wayne asked if this is a public street and Atty. Gay answers yes. They will be required by DPW to paved entire all area from School Street past lot 4. Opposed: Jean Silvia, 6 Whitsboro Street. She thinks 3 new houses is too congested, This has always been a garden and there is a steep incline which requires bringing in fill. She states there is a gap in the new road. She also spoke for Ms.Medeiros who resides on corner lot. She suggests having only 2
lots which will be compatible. She stated there is an issued with parking and now that its paved they go faster. Opposed: John Delisle, 38 School Street agreed 3 houses is too many. His concern was construction equipment and the stream. Opposed: residents of 236 School Street. They thought 3 houses were too many. School Street is a bus stop and the this is a fairly quiet street. She agrees 3 lots is too many, 2 lots would be a better fit. John & Marie Loura, 14 Whitsboro Street. Maria & Jose Faria, 4 OaklawnAve.,Taunton, M.a Anna Correia, 9 Whitsboro Street stated she has been there for 60 years and she was shown picture of houses and she would prefer 2 houses not 3. Atty. Gay stated the road has recently been paved and they would be required to repave about 400 feet . The houses they are proposing are small. If the Board feels they cannot grant 3 lots they would consider 2
lots. It would be same construction style. Chairman Ackerman points out hearing opposition he feels 2 lots would be more favorable. Atty. Gay amended the petition for 2 additional lot with single family dwelling. So the new proposal would be 3 lots, one having the existing house #13 Whitsboro Street and 2 new lots. The Board voted to approve amendment. There was some discussion about septic or sewer? It was noted 4 Oaklawn Ave. tied into sewer on School Street with a 5 inch main. The Board thought 2 lots would be more compatible.
Motion made and seconded to grant as Amended with the following conditions:
- Re-configure lots 2, 3, and 4 into 2 equal sized lots.
- Single family only on lots 2 and 3.
- #13 Whitsboro Street (ot 1) to remain as is. (2-family)
Vote: Ackerman, Berube,Vieira, Amaral, Staples, ....... …Yes
Petition Granted.
Case #3289 Lee 405 Richmond St.
For: A Variance from Section 6.2 & 6.3 of the Zoning Ordinance for the division of an existing parcel into two lots. Lot A having 105.47’ of frontage (instead of 150’). Lot B having 62.42’ of frontage (instead of 150’) with 88.77’of lot width (instead of 100’) and 39,720 sq. ft. of upland (instead of 43,560 sq. ft.) in a Rural Residential District on premises situated at 405 Richmond Street, Taunton, Ma.
For the Petitioner: Atty. Mathew Costa, 15 Newcomb Place, Taunton, Ma.
In favor: None
Opposed: None
Atty. Costa stated the petitioner has been the owner of property since 1983. They are proposing to tear down existing house and replace with new house. She resides on Lot 1 and one of her children will move in on Lot B. Atty. Costa states the way the lot is configured and the wetlands on property requires a variance for min. dry area. The property is in the Rural Residential District which means the existing houses were developed prior to the current zoning. They had a preliminary plan done by engineer for septic and there was no issue. Chairman Ackerman read letter from Richard & Anita Sylvester., 389 Richmond St., in support. Joao & Rosa Teixeira, 383 Richmond St. in favor. Chairman Ackerman read letters from the Conservation Commission, B.O.H. and City Planner into the record.
Motion made and seconded to grant as presented:
Vote: Ackerman, Berube,Vieira, Amaral, Staples, ....... …Yes
Petition Granted.
Case #3290 Martignetti Charles F. Colton Rd. (19-48)
For: A Special Permit from Section 5.2 of the Zoning Ordinance for a Special Permit from Section 5.2 of the Zoning Ordinance for a service use (Canine training Center) in an Industrial District on premises situated on Charles F. Colton Road, Taunton, Ma .known as Parcel I.D. 19-48. Property owned by Taunton Development Mass/Development Corp.
For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma.
In favor: None
Opposed: None
Atty. Gay explains the Martignetti Conpanies is building a rather large complex in the Industrial Park and wishes for this site get approval for the canine training center so they can re-located the existing business. The existing canine training center is located next to their facility and they want to make room for bigger entrance. They are proposing the identical building on this site. Once completed they will purchase other lot and the canine training center can start here. They went to P.B. for SP and now if they get this all approvals will be completed. The ZBA granted special Permit in 2003 and his would be the same. Letters from the Conservation Commission, B.O.H. and City Planner into the record.
Motion made and seconded to grant as Presented:
Vote: Ackerman, Vieira, Berbue, Amaral, Staples, ....... …Yes
Petition Granted.
Case #3291 Taunton Lodge of Elks 775 John Quincy Adams Rd.
For: A Variance from Sections 5.2, 7.1, 7.1. 1, 7.1.2, 7.3.1 and 8.4 of the Zoning Ordinance .
Variances Requested:
1. Section 5.2 - Use Regulation Schedule
Variance to allow mixed use on the subject property including the use of Meeting/Banquet Hall, Recreation Center indoors, Recreation Center Outdoors, Theater (Amphitheater – Outdoors), A use with Entertainment, Catering/Outside Consumption, Pool/Billiard Room, and a four (4) space RV campground.
2. Section 7.1 Landscaping Requirements
Variance requested to allow for a reduction in the required landscaping regulations per submitted site plan, which depicts 50 shrubs, grassed islands, and hedge to be planted in front of the RV parking spaces.
3. Section 7.1.1 Landscape Buffer Area
Variance to allow for the reduction in the buffer widths from 60 feet to 5 feet along the easterly property line. In addition, the applicant is also requesting a reduction in the required plantings. The reduction to be 50 shrubs, grassed islands, and Abbreviate Hedge to be planted in front of the RV parking Spaces, as depicted on the plan.
4. Section 7.1.2 Parking Lots
Variance requested for not planting the canopy trees, understory trees, and shrubs within the parking areas.
5. Section 7.3.1 Parking and Loading Requirements
Variance requested from the required 168 spaces to 92 spaces is requested.
6. Section 8.4 Mobile Homes
Variance requested to allow for the inclusion of four (4) spaces for Recreation Vehicles to park and stay on the property.
.
For the Petitioner: John DeSousa, Sea-Coast Consulting LLC, 4 Court St., Taunton, Ma.
In favor: None
Opposed: None
Dennis & Steve V. disclosed they are Elk members but there is no conflict so they can vote on this.
John stated this is the old Columbia Cultural Center and the Elks just purchased it. They will be doing some changes to the site including the entrance. They will be making one- way entrance to make it easier to navigate. The ampi theater will be re-done later. They have met with Conservation already and there are not wetlands on property. He has met with City Engineer to over drainage which they will doing minor upgrade. Joe asked if they need to go to SPR and John answers yes. He’s hoping to submit application soon. Mike asked about the Shrine and John answered yes it’s there but it’s pretty much crushed stone and pretty vegetated. Steve V. asked about parking for the Recreation vehicles? John answers yes there will be for 4 RV for members only.
That’s is where they will be storing snow in winter. They are hoping to open in April. They are holding some meeting here but they still meet at VFW (temp. location) Chairman Ackerman read dept. letters from City Planner, Conservation Commission, B.O.H. No one in favor or opposed.
Motion made and seconded to grant as Presented:
Vote: Ackerman, Berube,Vieira, Amaral, Staples, ....... …Yes
Petition Granted.
Case #3268-mod. Taunton Service Center 48 Broadway
For: A Special Permit from Section 5.3.4 of the Zoning Ordinance to modify Case # 3268 – Condition #1 – by allowing the 3rd auto repair bay to remain.
For the Petitioner: Atty. John-Paul Thomas, 98 County St., Taunton, Ma.
In favor: None
Opposed: None
Atty. Thomas is asking for the Board to remove the condition about the 3rd bay and allow it to remain. The Board granted approval of March of this year to allow auto sales and part of that approval was a condition to remove the 3rd bay. Currently the gasoline station /auto repair had 3 bay and the third one is mostly used for inspection stickers. Chairman Ackerman asked how come they didn’t speak up at prior hearing? Atty. Thomas didn’t realize it would be significantly decrease their business. Chairman Ackerman stated that since they were here 6 months ago he waived the filing fee, Atty. Thomas stated they really noticed it while they were at the DIRB meeting. Chairman Ackerman read letters from the Conservation Commission, B.O.H., and City Planner into
the record. The Board stated if they choose to keep third by they might want to reduce the number of vehicles on display. The Board thought it would be fair to allow 3rd bay and have 5 vehicles on display instead of previously approved 7.
Motion made and seconded to grant with the following condition:
- 3rd bay to remain and restrict number of vehicles on display to Five (5)
Vote: Ackerman, Vieira, Figueiredo, Amaral, Staples, ....... …Yes
Petition Granted.
Meeting adjourned at 8:21 pm.
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