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9-9-10 mins.
 

CITY OF TAUNTON
ZONING BOARD OF APPEALS
                                                           SEPTEMBER 9, 2010      
                   (held at Friedman Middle School, 500 Norton Avenue, Taunton, Ma.)

Members Present:  Chairman Ackerman, Berube, Amaral, Wasylow, Joyce and Staples.     
                                                                 
Meeting called to order at 6:50 pm

Peter made motion to accept July 15, 2010 minutes, seconded by Joe. All in favor.

Chairman Ackerman at this time asked for a moment of silence in observance of  September 11th for all lost and all the men and woman fighting for our freedom.
 
Chairman Ackerman explained how the meeting is run. The petitioner makes their presentation and then the opposition or in favor may speak. Then it goes back to the petitioner to allow response.  The opposition doesn’t have the opportunity to speak again.  The board will either vote or continue case.            
   
Cont’d. Case # 3023                         Costa                                                    51 Summer St.  
A Variance from Section 7.8 of the Taunton Zoning Ordinance to allow the conversion of a single family dwelling to a 2-family dwelling having 13,651 sq. ft. (instead of 15,000 sq. ft.)
Atty. Gay requests a continuance until next month.  Chairman Ackerman informed him that only 4 members will be present to vote on this case.  Atty. Gay stated they are meeting with neighbors to see if they can come to agreement.  Lisa Nates stated the neighbors haven’t reach any agreement but are willing to meet with them.  Peter stated that if they continue until next month they could present whole case again to have 5 members sitting on case.   Atty. Gay stated they will continue for one more month.   Several Board members wanted to be sure the case was heard next month

Wayne made motion to continue until next month, seconded by Joe. All in favor.

Cont’d. Case # 3017                        Frenette                                      815 Middleboro Avenue.
A Variance from Section 6.3 of the Taunton Zoning Ordinance 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 from Atty. Strojny requesting a continuance and waiving the time frame.
Peter made motion to continue until October meeting, seconded by Joe. All in favor.

Case # 3044                                   Pagliuca                                            175 Fremont St.
A Variance from Section 6.3 of the Taunton Zoning Ordinance to allow the division of one lot into two lots.  Lot 1 having 39,120 sq. ft. of lot area and dry area and Lot 2 having 32,453 sq. ft. of lot area and dry area (instead of 60,000 sq. ft. of lot area and 43,460 sq. ft of dry area) Each lot having 120 feet of frontage (nstead of 150’) Lot 1 having a sideline setback of 22 feet and Lot 2 having a sideline setback of 20 feet (instead of 25’)
Atty. David Gay requesting a continuance until next month due to Conservation Commission’s letter. Atty Gay stated he was just hired yesterday to represent applicant and he didn’t’ file application.  Atty. Gay stated he will forward continuance letter and extend time frame to the ZBA Office.
Peter made motion to continue until October, seconded by Joe. All in favor.     


Case #3039                                                Grant                                              120 Viking St.    
Hearing held on Sept. 9, 2010  

A Special Permit from Section 7.8 of the Taunton Zoning Ordinance for the renewal of an accessory dwelling unit in a RRD.    

For the Petitioner:  Susan Grant, 120 Viking S., E. Taunton, Ma.
                                                                                         
In favor:   None
Opposed:   None

Ms. Grant states she is here tonight to renew the Special Permit for the accessory dwelling unit.  She still lives there and wishes to renew it for another 5 years.    Chairman Ackerman stated this renewal process is a way of us to monitor these accessory dwelling units.    Letters from the B.O.H., Fire Dept., Conservation Commission, and City Planner were read into the record.

Motion made and seconded to grant as presented:     
  
VOTE:   Amaral, Berube, Joyce, Wasylow, Ackerman …….……... Yes

Petition Granted:     


Case #3041                                            Collins                                            18 North Walker St.     
Hearing held on Sept. 9,  2010  
A Special Permit from Section 7.8 of the Taunton Zoning Ordinance for the renewal of an accessory dwelling unit in a RRD.    

For the Petitioner: Alvin Collins, 18 N. Walker St.  Taunton, Ma.
                             
                                                            
In favor:   None
Opposed:   None

Mr. Collins stated that he is here tonight to renewal the accessory dwelling unit.  At present no one is living in the unit.  His mother in law lived there for a few months until her passing. Chairman Ackerman extended is condolences for his loss and thanked him for his honesty. Mr. Collins stated he’s aware that only a family member can live there.  He may have his son live there.   No opposition.  No one in favor or opposed to petition.  Letters from the B.O.H., Fire Dept., Conservation Commission, and City Planner were read into the record.

Motion made and seconded to grant as presented:     
  
VOTE:   Amaral, Berube, Joyce, Wasylow, Ackerman …….……... Yes

Petition Granted:     
                                                                                                                                                                                                                                                                                                                  

Case #3038                 Hayes, Haggerty & Cloutier                                      32 & 34 Green St.    
Hearing held on Sept. 9, 2010  

 A Variance from Section 6.3 and a Special Permit from Section 5.3.4 of the Taunton Zoning Ordinance to allow the re-configuration of 2 pre-existing non-conforming lots.  Lot 1 having the existing house (34 Green St.) with15,259 sq. ft. lot area & dry area (instead of 60,000 sq. ft lot area & 43,560 sq. ft. of dry area.) and having a 11.57’ sideline setback for the existing shed (instead of 25 feet); Lot 2 having the existing house (32 Green St.) with 106 feet of frontage (instead of 150 feet)      

For the Petitioner:  Atty. Richard Bentley, 28 Broadway, Taunton, Ma.
                                                                                             
In favor:   None
Opposed:   None

Atty. Bentley stated that these lots were family owned since 1967 and then subdivided. It was discovered that part of the driveway for 34 Green Street is on 32 Green Street.  They are just requesting to move lot lines to fix error.   They need several variances because of the zoning district this is in. Chairman Ackerman stated he went out there and re-iterated it’s just an adjustment of the property lines to put the driveway on the proper lot.    No one in favor or opposed.    Letters from the Fire Dept., Conservation Commission, City Planner, B.O.H. were read into the record.

Motion made and seconded to grant as presented:     
  
VOTE:   Amaral, Berube, Joyce, Wasylow, Ackerman …….……... Yes

Petition Granted:     
                                                                                                                                                                                                                                                                                                                  
Case #3040                                    Johnson                                              301 W. Britannia St.    
Hearing held on Sept. 9, 2010  
A Variance from Section 6.3 of to allow a 24‘x 24’ garage having a 5 foot 3 inch sideline setback instead of 15 feet.

For the Petitioner:  Daniel Johnson, 301 W. Britannia St., Taunton, Ma.  
                                                                                          
In favor:   None
Opposed:   None

Mr. Johnson states he wants to tear down old garage and put up new 2 car garage in the exact same place.   Chairman Ackerman stated he drove by and new garage is not any closer to property line than old one was. Chairman Ackerman asked the secretary if he needs a variance for the rear setback?   The secretary stated the rear setback is 20 feet and he complies so no variance is required.  No one in opposition or in favor.   Letters from the City Planner, Conservation Commission, Fire Dept., and B.O.H. were read into the record.   

Motion made and seconded to grant as presented:     
  
VOTE:   Amaral, Berube, Joyce, Wasylow, Ackerman …….……... Yes

Petition Granted:                                                                                                                                                                                                                                                                                                                         

Case #3042                  Hawthorne Development Inc.      Burt St -Property I.D 50-89  
Hearing held on Sept. 9, 2010  
For: A Variance from Section 6.3 of the Taunton Zoning Ordinance to allow the development of a lot having 26,245 sq. ft. (instead of 60,000 sq. f t..) with 26,000 sq. ft. of dry area (instead of 43,560 sq. ft.) with 125 feet of frontage (instead of 150’) on premise situated on the easterly side of Burt Street, Taunton, Ma. and is known as Assessors Map 50, Lot 89.

For the Petitioner: Atty. Edmund Brennan, One Church Green, Taunton, Ma.     
                                                                                          
In favor:   None
Opposed:   None

Atty. Brennan stated this parcel is a large track and the family has owned it since 1942.  In 1981 the mother created 4 lots on the east side of Burt Street and deeded each lot to family.   Lot #3 was deeded to Laurent Gravel and then his sons inherited lots after his death. The lots are located in the Rural residential district and the zoning changed and now the lots do not conform to the zoning.     The City Planner states that the lots weren’t entitled to grandfathering so they are here tonight for a variance.  The lot is under a P&S with Hawthorne Development Corp.   All the setbacks will be met.  Atty. Brennan stated in 1962 there were 5 lots and the then they were re-configured in 1981 to 4 lots.   Atty. Brennan stated receiving zoning approval eliminate the debate of the grandfathered status. No one in favor or opposed.  Letters from the B.O.H., Fire Dept., Conservation Commission, and City Planner were read into the record.

Motion made and seconded to grant as presented:     
  
VOTE:   Amaral, Berube, Joyce, Wasylow, Ackerman …….……... Yes

Petition Granted:     
                                                                                                                                                                                                                                                                                                                  
Case #3043                                                   Punda                                            6 Woodlawn St.
Hearing held on Sept. 9, 2010  
For:  A Variance from Section 6.3 of the Taunton Zoning Ordinance to allow the existing 16’ x 18’ pergola to  remain having a 10 foot rear setback (instead of 20’) and to allow 3 aluminum poles having a rear setback of 12 inches on premises situated at 6 Woodlawn Street, Taunton, Ma.

For the Petitioner:  John Punda, 6 Woodlawn St., E. Taunton, Ma.     
                                                                                          
In favor:   Letters from 15 abutters in favor
Opposed: Letter from Maryann Gravel, 18 Garden St. E. Taunton, Ma.
 
Mr. Punda states when the patio was constructed there was not permit required.   Then he built a wooden pergola and was unaware it needed a building permit.  He also erected aluminum poles to netting to keep baseballs from going over into neighbor’s property.  He put nets up to appease neighbor on Garden Street.  Chairman Ackerman stated there is 15 letters from abutters in favor.  Maryann Gravel, 18 Garden Street opposed.  Peter stated he did a nice job but asked when did know he didn’t meet the setback? He was informed by the zoning enforcement officer.   John stated he went out there and is aware the abutting wants fencing but there is already fencing there.  Mr. Punda stated the fencing is neighbors and is about 3 years old.   John stated if the neighbor wanted privacy then she should have put up different kind of fencing. The pergola is very beautiful and in a reasonable location.  All the lots out there are small and in his opinion, in the best location.  Chairman Ackerman stated there is an existing 6 foot chain link fence on abutters property.  Mr. Punda stated there has been ongoing complaints from this neighbor.  John suggested putting green privacy slats into the existing chain link fence.   Privacy can be accomplished by doing the slats.   It was stated that her fence was there first.  Mr. Punda stated they can put some kind of plantings for privacy, arborvitaes or something like that.  In her letter she wants wood or vinyl fencing for privacy.  Joe asked how long has the net bee there. Mr. Punda answers about 2 months they did it has a courtesy because his children play ball.  Wayne asked if he checked with the Zoning Office to see if a building permit was required for pergola?  Mr. Punda answer he checked for patio which doesn’t require permit but then once you put structure that triggers setbacks?    Peter suggesting placing 3 -4 section of fencing to appease neighbor.  Mr. Punda stated they haven’t done their landscaping yet and if the board wishes for fencing then he will do it.  There was some discussion about putting a fence right next to another fence.    It was asked if he talks to the neighbor?  Mr. Punda stated the neighbor doesn’t talk to anyone.  Chairman Ackerman states she has right because she is most affected by the pergola.    It was suggesting putting up fencing per her letter?  Wayne informed them she does have the right to an appeal.     Mr. Punda stated he would be willing to put up fencing if the Board wanted that.    After some discussion it was suggested putting up 3 sections along her property line for privacy.   Letters from the Fire Dept., City Planner, conservation Commission and B.O.H. were read into the record.


Motion made and seconded to grant as presented with the following condition:     
  
  •  Install 3 sections of wood or vinyl fencing along the abutting Gravel Property (property I.D 109-92, 18 Garden St.)

VOTE:   Amaral, Berube, Joyce, Wasylow, Ackerman …….……... Yes

Petition Granted:     

                                                                                                                                                                                                                                                                                                                  
Case #3045                   Hathaway                                             406 Tremont St.   
Hearing held on Sept. 9, 2010  

For:  A Variance from Section 5.2 and a Special Permit from Section 5.3.4 of the Taunton Zoning Ordinance to modify an existing f existing variances (Case #476 & Case #3026)  and allow the use of the existing commercial building garage as HVAC/Refrigeration Business and associated vehicles & equipment and some snow removal.

For the Petitioner:  Preston Hathaway, 406 Tremont St., Taunton, Ma
                               Joseph Conlon, 397 Tremont St., Taunton, Ma.
     
                                                                                          
In favor:  None  
Opposed:  None
 
Mr. Hathaway stated he has a Purchase & Sales Agreement with Joseph Conlon to purchase his property and re-locate the HVAC/Refrigeration business.  Mr. Conlon is currently located down the road and this site would allow him to put his vehicles inside.  He has spoke with neighbors and they don’t have any issues.  His sons  plow for the State and they want to also put some plow trucks here.  Chairman Ackerman stated the previous variance allowed 6 trucks.  Joe stated that Mr. Conlon runs a nice clean business and his sons would do the same at this location.   Peter asked if 6 trucks were enough?    He doesn’t want to have to have him come back?   It was suggested allowing up to 10 trucks. Mr. Conlon states he doesn’t have any 18 wheelers trucks.  John asked how many vehicles does he have in conjunction with his HVAC business?   Mr. Conlon answers 3 vans, 3 plow trucks so 10 would be reasonable and allow for some expansion.  John asked the hours of operation?  Mr. Conlon answers   7:00 AM – 8:00 PM Monday thru Saturday.  It was noted those are the outside operation hours.  He stated the majority of the work is done at site but they do store the equipment here.   John asked about the snow removal equipment?  Mr. Conlon answers they have 10 pieces of rental refrigeration equipment, small walk in coolers with little cubicles.   John wants to approve but also wants to protect neighbors.   He wanted to be very clear in number of vehicles allowed on the premises.  Wayne suggests letting him run his business and not defining number?  Chairman Ackerman wanted to be clarify the specific number as to trucks, trailers, etc.    He stated the Zoning Enforcement officer might interpret something different. Mr. Conlon stated if they had 30 coolers that would be sufficient.  There was some discussion about vehicles and trailers and if there registered?  Mr. Conlon stated he has been in business for 35 years and has no complaints. The HVAC equipment will be discretely in the rear of the property.  Several Board members wanted to give some leeway so if the business grows he won’t have to come for additional approval.   John wanted to clarify the number of vehicles & equipment because some of the neighbors may not agree.  Chairman Ackerman stated he would vote for 6 vehicles not 10.  John wants to grant approval but be very clear. There was more discussion relative to the number and it was the concensus of the Board to limit 6 vehicles for snow removal with a weight restriction of 26,000 obs.  It was stated the vehicles related to the HVAC business are exempt from this restriction.  Letters from the Conservation Commission, B.O.H., City Planer and Fire Dept. were read into the record.  
 
Motion made and seconded to grant as presented with the following conditions:     

  • Hours of Outside Operation (excluding the snow removal operation) 7:00 AM – 8:00 PM. (Monday – Saturday)
  • No snow shall be stored on this property because the current stormwater set-up is for this property without additional stormwater (snow melt) added.  Any work to the rear of the property will require filing with the Conservation Commission.  
  • The new business must obtain a Hazardous Materials Control Permit from the Board of Health.
  • Fire Alarm drawings must be submitted for review (2 sets) before this department signs a building permit application.  Final Inspection will be conducted by the Office of Fire Prevention.  Fire Extinguishers installed throughout according to 527 CMR 10.02 & NFPA-10.
  • Dumpster permit required for dumpsters six yards or grater 527CMR 34.03.
  • A Site Plan Review filing is required.
  • Restricted to 6 vehicles for snow removal business (above 26,000 lbs.)
  • All vehicles related to the HVAC/Refrigeration Business are exempt from the number of vehicles as stated above.
                                                                                                                                                                                                                                                                                                            
VOTE:   Amaral, Berube, Joyce, Wasylow, Ackerman …….……... Yes

Petition Granted:     


Case #3046                                          Dollar Tree                                             294 Winthrop St.      
Hearing held on Sept, 9, 2010   
A Variance from Section 7.5.7 of the Zoning Ordinance to allow an additional 136 square feet of  signage for (96 sq. ft. on primary sign) and 40 sq. ft. for a second sign.
   
For the Petitioner: Russ Baker, Signs by Russ, 244 Liberty St., Unit 9A, Brockton, Ma. representing Dollar Tree
                                                                           
In favor:   None
Opposed:   None

Mr. Baker is representing Dollar Tree with their request for additional signage and an additional sign along Joseph Warner Blvd., The site is located on Winthrop Street but also front on Jos. Warner Blvd.  The existing Dollar Tree sign is permitted and they wish to have bigger one.  Chairman Ackerman stated that he drove by and you can see the existing sign fine and anything bigger would not look good.  Joe asked if what other business is going in there?  Mr. Baker answers Auto Zone and they are occupying the end unit so they are entitled to a secondary sign.  The Dollar Tree is located in the middle so they are not entitled to a secondary sign.  Chairman Ackerman stated it makes sense, in his opinion, for a second sign but not the large sign.   The City Planner’s states that there is no hardship for the bigger sign but states the smaller secondary sign may be warranted. The store is occupying the middle unit so unfortunately they are not allowed by right to have secondary sign. If the Board finds that a hardship they can grant variance for secondary sig.  Letters from the B.O.H., Conservation Commission, Fire Dept. and City Planner were read into the record.  Wayne asked how big is the existing letters on sign?  Mr. Baker answers 33 inches tall and the bigger would be 48 inches tall.  Wayne asked if the letters were illuminated?  Mr. Bakers answers yes.  The width is 30 feet and if approved for bigger sign the width would be 40 feet wide.    Chairman Ackerman stated the existing sing is quit visible and a bigger sign is not warranted.  However he thinks the secondary sign is warranted.  They widened the curb cut along Joseph Warner Blvd.   John stated he sees no reason to increase the main sign but small sign along Joseph Warner would be ok.   No one in favor or opposed.

John made motion to have the front sign remain the same sign and allow the secondary sign  2 x 20 totaling 40 sq. ft.      Motion received no second.

Wayne made motion to approve as presented, seconded by Peter.  
Discussion, several members stated they weren’t voting for bigger sign in front.

Wayne withdrew is motion, Peter withdrew his second.

John made motion and seconded by Wayne, to grant an additional 96 square feet of signage for the façade sign:    
  
VOTE:   Amaral, Berube, Joyce, Ackerman …….……... No
Wasylow ………………………………………………..Yes
Petition Denied:  

John made Motion and seconded by Wayne to grant a secondary sign along Joseph Warner Blvd. (2’ x 20’ totaling 40 sq. ft.)

VOTE:  Berube, Ackerman, Joyce, Wasylow, Amaral………Yes
Petition Granted:

OTHER BUSINESS:   
                                                                                                                                                                                                                                                                                                                  
The Settlement – Request to switch duplex homes to single family homes?
Request to continue until October meeting.
Peter made motion to grant continuance until next month, seconded by Joe. All  in favor.

The Settlement - 128 Mustang Drive –  Mortgages Notice of Sales of Real Estate – property is scheduled for public auction on September 16, 2010.  Called to inform them this is an affordable and they are aware it has to be sole as an affordable.  
Place on file.

Request from City Planner – “The Settlement” gift account – requesting to release monies from gift account (per decision condition # 42 - $100,000 shall be used for the development of GIS system to digitize the City’s maps, including the purchase of necessary software & equipment and the hiring of technical assistance)

Chairman Ackerman stated this is part of the Comprehensive Permit condition that certain monies will go towards the GIS system and mapping.  He stated the City Planner is requesting monies according to Condition #42. He will use this money to digitize all the Zoning Board of Appeals
records.         

Wayne made motion to release $100,000 from the Settlement Gift Account as long as the monies are NOT used towards new personnel or a salary. Seconded by Joe. All in favor.

Informational Purposed Only:  Atty. Pietnik submitted fast track on appeal for Bay Street.  

Wayne stated that the Board sent letter to the Zoning Enforcement Officer and the Law Dept. about 272 Winthrop Street, property adjacent to Planet Petroleum.  He was surprised that there was no decision rendered in this case. He wondered if the Legal dept. goes to these hearings and if not, perhaps they should.  He stated “this is totally unlike he has ever been familiar with” referring to the direction of the hearing. He was wondering if there is procedure in place for these types of hearings?   He could not believe the impropriety of the hearing and the time frame of which it was handled.   The ZBA received letter back from ZEO on August 3, 2010 and the criminal complaint was filed on Jan. 8, 2010 and the Building Commissioner didn’t get response until April 23, 2010 and only after they called court and then no decision.  

Wayne made motion to send letter to the City Solicitor Office requesting additional information and if there are any procedures set in place? Seconded by Peter.    Wayne stated he would draft letter.    

Next meeting to be held at E. Pole School, 215 Harris St., Taunton, Ma.


Meeting adjourned at 9:05 PM.