CITY OF TAUNTON
ZONING BOARD OF APPEALS
FEBRURY 12, 2015 – 6:00 pm.
(held at Maxham School, 141 Oak St, Taunton, Ma.)
Members Present: Dennis Ackerman, Wayne Berube, Steven Vieira, Michael Staples , George Moniz and Steven Figueiredo.
Chairman Ackerman welcomed new member Steven Figueiredo.
Meeting opens at 6:02 PM
Steve made motion to accept minutes of January 15, 2015, seconded by Mike. All in favor.
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 #3261 Varsity Wireless LLC 201 Alfred Lord Blvd.
For: A Special Permit from Section 8.7.5.2 (3) of the Zoning Ordinance to be located 129 feet from the property line (instead of 150’)
For the Petitioner: Atty. Elizabeth Thompson, 210 Broadway, Ste. 204, Lynnfield, Ma.
Jesse Moreno, Proterna Design Group.
Steve Kelleher, Varsity Wireless LLC.
In favor: Katherine Trainor, 210 Alfred Lord Blvd., Taunton, Ma. had some questions.
Opposed: Stanley Johnson, 235 Alfred Lord Blvd., Taunton, Ma.
Atty. Thompson states they are here tonight for a variance for the minimum distance to the property line. The nearest property line is 129 feet away instead of the 145 feet for the proposed tower. However; the nearest residence is about 400 feet away. There are wetlands on the property and this is the only feasible place for it. The property is surrounding by Habitat wetland ACED and they will have to go to the Conservation Commission for approval. They are putting the tower in the previously disturbed area which borders vegetated wetlands. Varsity Wireless is an independent company who works with multicarriers. Chairman Ackerman read the City Engineer’s letter into the record. Atty. Thompson spoke to the City Planner and they submit the appropriate plans to the P.B. for the merged of the two
lots. If they move the tower they will encroach in the 25 foot critical area. The parcel consists of 10 acres but there are wetlands. There is a small driveway to the rear with 2 buildings on it. They are proposing to put tower in rear which was the previously disturbed area. They moved it as far north as possible. The compound will be 60 x 50 with mostly pervious area. The actual steel monopole structure is 28 x 28 with footing foundation. The foundation is underground and will be surrounded by chain link fence. There will be no sewer or water but need electrical conduits. Chairman Ackerman asked f they considered the collapsible tower? Jesse Moreno, Design Engineer stated there are building codes of which all towers have to comply with. The collapsible are more expensive and they all have to meet wind, ice capacity and they are designed to meet the building code. Wayne asked about the compound? It will
be a 50 x 60 with 8 foot fence around it. Steve V. asked about the tower if it would be a transmitter with antenna rays.? Atty. Thompson answers the FAA regulates and monitors heavily and they deem it safe. She did say yes there would be the main carriers on the tower. George asked about if it was to be above the trees? She stated there would be the pole and about every 10 feet apart there would be an antenna and it would be above tree line. Stephen Kelliher stated Varsity Wireless LLS is a Massachusetts based company. Steve F. asked if they have any others in the area? Mr. Kelliher stated the closed would be New Hampshire. Steve V. asked about the aesthetics? The one they are proposing is more pleasing than the lattice tower. Katherine Trainor, 210 Alfred Lord Blvd., stated she had some questions. She was just concerned with the 2 residences closest. Letters from The City Engineer, City Planner, Conservation
Commission and B.O.H. were read into the record. Opposed: Stanley Johnson 235 Alfred Lord Blvd., stated they don’t meet the requirement and they went to Conservation Commission for delineation and they should have known they don’t have enough fall room. He was also concerned with radiation, obstructed view and disturbing of wildlife and loss of property value. He stated it’s the “tower of terror”. Atty. Thompson stated they have to comply with FAA Rules and they will go to Conservation Commission and objection of view is subjective. She has documentation that states property value are not affected. She will submit all that documentation to the Municipal Council for their hearing. Chairman Ackerman sated this Board can request any and all information. Wayne asked if she could provide that and she answered she doesn’t have it tonight but could most certainly forward it to the Board. It was asked if they pay taxes and Atty. Thompson answers yes. Wayne asked
if there is any noise from tower? Atty. Thompson answers no but there could be some from base equipment. They will supply the Council with sound impact study.
Motion made and seconded to grant with the following condition:
- Provide documentation relative to property values.
Vote: Staples, Moniz, Berube ,Ackerman, Vieira, ,......... …Yes
Petition Granted.
#3262 Hebert 67 Crane Avenue South
For: A Special Permit from Section 7.9 and a Variance from Section 6.3 of the Zoning Ordinance for an Accessory Dwelling Unit addition having a side setback of 6 feet on one corner (instead of 25’)
For the Petitioner: Alex Hebert, representing Glen Hebert, 67 Crane Ave.,South, Taunton, Ma.
In favor: Letter from Paul Arikian, 49 Crane Ave. South, Taunton, Ma.
Opposed: None
Alex Hebert states he is here tonight representing his father. They are proposing to put an addition which will include an accessory dwelling unit. They also need a sideline variance for one side. Chairman Ackerman asked if he was aware they have to renew every 5 years and he answered yes. Mike stated you will have 6 feet instead of 25 feet (but grandfathered for 15 feet) Mr.Hebert stated yes and they have letter from that neighbor in favor. Mr. Hebert stated he has lived for 28 years and wants to remain close to his parents. George asked how far the other house is and Mr. Hebert answers about another 25 30 feet. Chairman Ackerman read letter from neighbor Paul Arikian in favor. Dept. letter from B.O.H., City Planner, Conservation Commission and Eng. Were read into the record.
Motion made and seconded to grant as presented.
Vote: Berube, Ackerman, Vieira, Staples, Moniz..Yes.
Petition granted:
Case #3263 Rens Realty Trust 988 Crane Ave. South
For: A Special Permit from Section 5.2 of the Zoning Ordinance to allow 3,000 sq. ft. of retail use (Unit #4) in an Industrial District.
For the Petitioner: Rens Hayes, 988 Crane Avenue South, Taunton, Ma.
Gene Hardy, 250 Nichols Dr., Taunton, Ma.
In favor: None
Opposed: Gary Cranston, Professional Contract Sterilization, 40 Myles Standish Blvd., Taunton, Ma.
Rens stated he is here tonight for retail use in Unit #4 for Gene Hardy Flooring. He will occupy 3,000 square feet for his showroom and warehouse. Mr. Hardy states it will be partly showroom (about 2,000 sq. ft.) and warehouse. There is 85 parking spaces on the plans (old plans shows 61 spaces) Opposed: Gary Cranston, 40 Myles Standish Blvd., He runs a sterilization business and he wants the uses to be industrial use. He was concerned with children being in the area with is kind of business. They had an explosion in 1997 and he doesn’t thinks it’s a place for children to be. He stated with the waste management trucks there were 70 vehicles per day. Steve V. did mention they did add light at the intersection. Mr. Hardy stated he seldom has children come with parents to view
flooring. He says he will have delivery twice a day and it’s very rare the customer bring their children. They stated it would be less traffic that previous use (motion radio installation) Dept. letters from City Planner, Conservation Commission, B.O.H., City Engineer were read into the record.
Motion made and seconded to grant as Presented:
Vote: Berube ,Ackerman, Vieira, Staples, Moniz .,......... …Yes
Petition Granted.
Case #3264 Silva 228 Plain St.
For: A Special Permit from Section 7.9 and a Variance from Section 7.9 #4 & 6.3 of the Zoning Ordinance to allow an accessory dwelling unit and for it to be over the 30% habitable floor area & over 850 sq. ft (proposal is 1266 sq. ft.) and allow a sideline setback of 12 feet (instead of 15’) for a 16’ x 18’ carport.
For the Petitioner: Mark Braga, Simons Construction, on behalf of Donna Silva, 228 Plain St., Taunton, Ma.
In favor: None
Opposed: None
Mark stated he is here tonight for petition who is unable to be here due to recent hip & knee surgery. They are proposing to put accessory dwelling unit in basement for petitioner who cannot climb stairs. They will finish the partially finished basement. Their son will live on first floor. The raised ranch house was build 12 years ago and they are also proposing carport with sonotubes which needs a sideyard variance. Chairman Ackerman asked how many bedrooms would there be total? Mark answers 4 and he said the septic system will accommodate that. Dept. letters from City Planner, Conservation Commission, B.O.H., City Engineer were read into the record. He will check with Conservation regarding their letter. No one in favor or opposed.
Motion made and seconded to grant as Presented:
Vote: Staples, Moniz, Berube ,Ackerman, Vieira, ,......... …Yes
Petition Granted.
Meeting adjourned at 7:04 PM
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