CITY OF TAUNTON
ZONING BOARD OF APPEALS
APRIL 8, 2010
Members Present: Wasylow, Staples, Berube, Medeiros and Ackerman.
Meeting called to order at 6:45 PM
Peter made motion to accept minutes of March 11, 2010 seconded by Wayne, All in favor.
Chairman Ackerman explained the process of which the ZBA conducts its meetings. They listen to the petitioner/Attorney, then opposition or in favor and then back to the petitioner. They do not go back and forth.
Case #2940- Mod Arruda Prop. I.D. 45-172 Fremont St.
Hearing held on April 8, 2010
A Variance from Section 6.3 of the Taunton Zoning Ordinance for the Modification of Case # 2940 by allowing two (2) rear setbacks of 10 feet (instead of 30 feet) and having 21,900 sq. ft. of dry area (instead of 43,560 sq. ft)
For the Petitioner: Mathew Arruda, 86 Kilmer Ave., Taunton, Ma.
In Favor: None
Opposition: None
Mr. Arruda stated he’s here tonight because he thought a sideline setback was needed but it’s actually a rear setback. In the previous variance the wetlands were not flagged and now they are. Wayne asked if anything has changed? Mr. Arruda stated no it’s just a rear setback as opposed to the side… just legalizing the wording of the variance and the wetlands are now delineated. No one appearing in favor or opposed. Letters from the Conservation Commission, B.O.H., Fire Dept. and City Planner were read into the record.
Motion made and seconded to Grant with the following conditions:
VOTE: Staples, Berube, Wasylow, Ackerman, Medeiros. …....……...Yes
Petition Granted:
Case #3012 deMatos 6 Kilmer Ave.
Hearing held on April 8, 2010
A Variance from Section 7.8 to allow the dwelling conversion of a 2-family to a 3-family having 11,644 sq. ft. Instead of 15,000 sq. ft.)
For the Petitioner: Carlos deMatos, representing Weber deMatos, 30 Walker Ave., Taunton, Ma.
In Favor: None
Opposition: None
Mr. deMatos stated the building is currently a 2 family and a former convenience store. It was just recently they made it into a 2 family and now they wish to make a third unit and remove the convenience store. The commercial use will be gone. They have tried over the last 5 years to attract tenants and have not been too successful. No one appearing in favor or in opposition. Letters from the B.O.H., Fire Dept., Conservation Commission, City Planner and Water Dept. were read into the record.
Motion made and seconded to Grant with the following conditions:
1. Fire Suppression System shall be installed throughout the proposed three-family home according to NFPA-13 & related NFPA standards (sprinklers)
2. Fire Alarm System installed throughout the proposed three-family. Fire Warning must be obtained from the Office of Fire Preventions before a building permit is signed.
3. Fire Suppression drawings must be submitted for review (2 sets) before this department signs a building permit. Fire Suppression drawings must be stamped by a Mass. Fire Protection Engineer.
4. The dwelling must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II.
VOTE: Medeiros,Ackerman, Wasylow,Berube, Staples…...……...Yes
Petition Granted:
Case #3014 Royal Development Trust Bettinson Court
Hearing held on April 8, 2010
A Variance from Section 6.3 to allow the construction of a single family house on a lot having 42,605 sq. ft. (instead of 60,000 sq. ft.)
For the Petitioner: Ronnie Roy, 15 Country Lane, Berkley, Ma.
In Favor: None
Opposition: None
Mr. Roy stated he’s basically asking to renew the old variance that was approved but never acted on. The previously owner never followed thru with the development of the property. Chairman Ackerman remembers this case and asked about the Wampang Cemetery sign and is it down. Mr. Roy stated yes that has been removed but he would have to put up the temporary fencing during construction as part of the original approval. The Board was aware of the case and just wanted to implement the original conditions. No one appearing in favor or against petition. Chairman Ackerman read letters from the City Planner, B.O.H., Fire Dept., Conservation Commission and Water Dept. which were made part of the record.
Motion made and seconded to Grant with the following original conditions:
1. Remove the existing “Wampanoag” cemetery sign permanently.
2. Install temporary fencing around the existing cemetery during construction and remove when the occupancy is issued.
VOTE: Medeiros, Ackerman, Wasylow,Berube, Staples …....……...Yes
Petition Granted:
Case #3013 CVS 286 Winthrop St.
Hearing held on April 8, 2010
A Variance from Section 7.5.7 to allow to allow an additional 58 sq. ft. of signage on Winthrop St. side and an additional 158.5 sq. ft. of signage on Jos. Warner Blvd., side.
For the Petitioner: Heather Hopkins Dudko, C/O Ren Bon Sign/Icon Identity Solutions, 2 Phoebe Way, Worcester, Ma.
In Favor: None
Opposition: None
Ms. Dudko stated that CVS nationwide is remodeling and painting the store and updating the signage to reflect the ancillary services they provide such has minute clinic, drive-thru, 1 hr. photo. Ms. Dudko stated if the Board is not incline to grant the request CVS is willing to negotiate? Chairman Ackerman stated you don’t negotiate with the Board you have to try to convince us why we should grant relief. Chairman Ackerman stated he has always been tough when it to bigger signs. At this time Chairman Ackerman read the City Planner’s letter into the record. In his letter he references B.J.s, Kohl’s and Walgreens signs. Letters from the B.O.H., Fire Dept., Water Dept and Conservation Commission were read into the record. Ms. Dudko stated she
feels the façade is appropriate to display the signage. She states it’s a financial interest to identify all the services they offer. The main sign is not going to be increased. They are planning on replacing the 24 hrs. but at the same size. Adding a new drive-thru and Minute Clinic sign. Ms. Dudko stated the building is big and can handle the proposed signage. Chairman Ackerman stated that he drives around a lot and the new store in N. Easton next to college is not over done. He thinks they are trying to cram the Cities not like the little suburban communities. Ms. Dudko state they are just getting all site uniform and want to identity all the services they offer. Mike asked if they will be LED? Ms. Dudko answers the main CVS sign is LED and it was stated since this store is open 24 hrs it will be on 24 hrs. Wayne thinks the sign is too big and it will be lit all night. He agrees
with the City Planner’s letter in regards to the magnitude of the signage being requested. Troy stated he’s in favor of putting signing to inform the public of the services. Wayne stated the signage is not warranted and derogates from the ordinance an it’s not aesthetically pleasing to the neighborhood. Chairman Ackerman stated the sign is very visible and the community is aware there is a CVS there. CVS should have asked for smaller sign and not come here trying to get bigger and then try to negotiate. Peter stated that according to the testimony that all CVS stores are setting different standards. Ms. Dudko stated their ultimate goal is to identify each service on the façade of the building. Mike stated they just change signage without adding all extra signs. No one in favor or opposed. Chairman Ackerman feels very strongly against this and agrees with the City Planner’s letter. Chairman Ackerman stated he can see every pharmacy coming here looking for bigger
signs. Peter stated we look at each individual case. Chairman Ackerman the Board has granted variance for bigger sign when warranted. Wayne stated that this proposal is too big and ludachrist and why would the Board go out of spectrum and grant.
Motion made and seconded to Grant as Presented.
VOTE: Staples, Ackerman, Wasylow,Berube. …....……...No
Medeiros… ……………………………………………..Yes
Petition Denied:
Meeting adjourned at 7:22 PM
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