Minutes -VARIANCETOWN OF DARTMOUTH
Office of the Zoning Board of Appeals
400 Slocum Road, Dartmouth, MA 02747
(508) 910-1868
Board Members
Halim Choubah, P.E., Chairman
Michael Medeiros, Esq., Clerk
Robert Gardner, Jr., Member
MINUTES
HEARING DATE: August 26, 2020 (via Zoom)
CASE: VARIANCE
CASE NO: 2020-14
PETITIONER/APPLICANT: 958 Reed Road, LLC
PROPERTY OWNER: 958 Reed Road, LLC
SUBJECT PROPERTY: 919, 956, and 958 Reed Road
DISTRICT: Limited Industrial
Map: 61 Lot(s) 4 & 45
Map: 60 Lot: 26
BRISTOL COUNTY
REGISTRY OF DEEDS: Book: 3864 Page: 282 (Map: 61 Lot(s) 4 & 45)
Book: 5582 Page: 168 (Map: 60 Lot: 26)
PRESENT By Roll Call: The Board: Acting Chairman Michael Medeiros-present, Robert Gardner Jr.-present, Alvin Youman-present.
ASSOCIATE MEMBER(s): Dr. Rahim Aghai-present and Halim Choubah-present
Zoning Staff Assistant/Principal Clerk: Michelle Vieira
7:18 PM Acting Chairman Michael Medeiros, Esq. opened the hearing
LEGAL AD: Notice is hereby given of a public hearing to be held on Wednesday, August 26, 2020 at 6:00 P.M. on the petition of 958 Reed Road LLC who is seeking a Variance in which a
proposal to construct a new 33,750 square foot storage building is being sought with a near zero setback from “Old Reed Road” and less than 100’ setback from the residential zoning
district is being proposed. (Article 21, Section 375-21.4 E., Development Standards) Also, relief is being sought from the front yard setback elimination, and for the buffer zone reduction
from the residential zoning district which requires a 50’ front yard setback. (Article 33, Section 375-33.2 (D), Setbacks) The property is located on 919, 956 and 958 Reed Road in
the Limited Industrial and Aquifer Protection District and identified on Assessor’s Map 60 Lot 26 and Map 61 Lots 4 and 45. Information is on file in the office of the Board of Appeals
and may be seen upon request. As the Town Office Building is closed to the public during the COVID-19 emergency, and as the Governor has banned public gatherings during this emergency
while allowing municipal boards to temporarily conduct their business through videoconferencing platforms,
this public hearing will have no physical location but rather will only be held remotely through the Zoom application and will be accessible for live interaction by the petitioners and
the public using the Zoom Meeting ID: 822 0253 7892 and Password: 758893
ADVERTISED: The Notice for public hearing was published in The Dartmouth Chronicle on Wednesday, August 5, 2020 and Wednesday, August 12, 2020
.
ABUTTER’S LIST By Roll Call : Robert Gardner Jr. motioned to waive the reading of the abutter’s list into the record (yes). The motion was seconded by Alvin Youman (yes) and Michael
Medeiros (yes). The motion passed unanimously. A certified abutter’s list is available for review in the office of the Zoning Board of Appeals.
DOCUMENTS ON FILE
Variance application time stamped with the Town Clerk on July 10, 2020
Schedule of Departmental Payment of Fees To Collector’s Office
Legal Ad
Certified Abutter’s List
Vision Appraisal Card
GIS Map
Tax Collectors form
Certificate of Good Standing dated July 10, 2020
Letter from David Riquinha, Director of Inspectional Services dated July 17, 2020
Letter from Planning Board dated July 17, 2020
Photos
Prior Decision Cases: 1985-58, 1985-19, 1986-10, 1987-25, 1990-34, 1992-76, 1996-41, 2005-02, 2003-75, 2005-16
Schedule of Drawings Pages 1-6 by Prime Engineering dated Revised through August 18, 2020
Elevations and First Floor Plans prepared by Cape Buildings, Inc. dated June 30, 2020
Acting Chairman Michael Medeiros gave a summary on the case and read into the record a letter from David Riquinha, Director of Inspectional Services
Acting Chairman Medeiros invited the Petitioner or representative to present the case.
Attorney Walter Smith representing the Petitioner, 958 Reed Road, LLC with Joe Delgardo being the Principal. Attorney Smith began by stating the entrance to Dartmouth Building Supply
(DBS) is on Reed Road and can exit out the back onto Old Reed Road, which is not used. Old Reed Road continues from the entrance to Colonial Beverage and DBS towards Route 195, which
ends in a cul de sac. Attorney Smith stated that the Zoning Board previously allowed a zero setback from this portion of Reed Road, (Old Reed Road) for lumber storage. The Petitioner
is proposing to construct a roof on posts with one wall that will be on the Old Reed Road side which will shield the lumber from the weather. Attorney Smith continued by stating the
second Variance would be for relief of the 100’ setback required within a residentially zoned district. Attorney Smith briefly spoke on the Special Permit and stated Richard Rheaume
will speak to it.
Richard Rheaume, Prime Engineering, Inc. began his presentation by describing and showing the location of the site on an aerial map. Mr. Rheaume described the property and the different
types of loam, Paxton (stony fine sandy loam) and Whitman (stony fine sandy loam) and stated that these are glacial tills with low permeability and near surface water table in autumn,
winter and spring, as well as after heavy rains. Also, the Zoning Board approved this area to be uses as a “gravel”, open air lumber storage area. Mr. Rheaume continued by stating
that the poor soils and near surface water table has resulted in deep rutting. Also, proposed will be to grade and pave the previous approved lumber storage area and then construct
a building with a wall on the west side, but no wall on the north, east and south sides, similar to the existing building to the north. The paving will eliminate the mucky, rutted
ground. Whereas the current condition allows erosion and subsequent sedimentation adjacent to the wetlands, the proposed stabilized ground will eliminate that situation. The roof
runoff will be infiltrated into the ground to the maximum extent practical.
The Petitioner will be improving the lumber storage area by paving and constructing an open air building with a roof and one wall over the existing southern lumber storage area.
Acting Chairman Medeiros invited Board members for questions.
The Board Members agree that the
No further questions from the Board members.
Acting Chairman Medeiros invited public comments.
Acting Chairman Medeiros invited further public comments, no further comments.
Acting Chairman Medeiros asked if there were any further questions/comments from the Board members or the public.
No further questions/comments.
Acting Chairman Medeiros asked for a motion to close the public hearing.
made the motion to close the public hearing. The motion was seconded by. The motion passed unanimously.
Alvin Youman made the motion to approve the VARIANCE Case in accordance with the Board’s stated findings and proposed conditions. The motion was seconded by Michael Medeiros. The motion
passed unanimously.
Acting Chairman Medeiros asked for a motion to close the hearing on the case.
Acting Chairman Medeiros made the motion to close the hearing on Variance Case. The motion seconded by Michael Medeiros. The motion passed unanimously.
P.M. Hearing adjourned
Michelle Vieira
Zoning Staff Assistant/Principal Clerk
Zoning Board of Appeals
Date of approval: ________________