Loading...
March 10, 2021 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: March 10, 2021 (via Zoom) CASE: VARIANCE CASE NO: 2020-23 PETITIONER/APPLICANT: Steve Gioiosa and Rudy Botros PROPERTY OWNER: Fotin H. Fanos & Magdy B. Abdelmalek SUBJECT PROPERTY: 996 Allen Street DISTRICT: Single Residence A Map: 149 Lot: 159 BRISTOL COUNTY REGISTRY OF DEEDS: Book: 5052 Page: 195 ATTENDANCE By Roll Call: The Board: Chairman Halim Choubah-present, Michael Medeiros, Esq.-present, Alvin Youman Esq.,-present Zoning Staff Assistant/Principal Clerk: Michelle Vieira BOARD MEMBER: Dr. Rahim Aghai-present BOARD MEMBER(S) ABSENT: Robert Gardner, Jr. 6:10 PM Acting Chairman Halim Choubah, P.E. opened the hearing LEGAL AD: Notice is hereby given of a public hearing to be held on Wednesday, January 13, 2021 at 6:00 P.M. on the petition of Rudy Botros who is seeking a Variance to construct a two story, three bedroom living space addition with a living room, foyer, kitchen, study and two bathrooms. The accessory dwelling unit totals 1568 square feet, where 800 square feet is permitted. The property is located at 996 Allen Street in the Single Resident A District and identified on Assessor’s Map 149 Lot 159. Information is on file in the office of the Board of Appeals and may be seen upon request. (Article 7, Section 375-7.2 D (3) (e) Accessory Apartments) 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: 873 5038 0204 and Password: 848620 ADVERTISED: The Notice for public hearing was published in The Dartmouth Chronicle on Wednesday, December 23, 2020 and Wednesday, December 30, 2020 ABUTTER’S LIST: Robert Gardner, Jr. motioned to waive the reading of the abutter’s list into the record. The motion was seconded by Michael Medeiros and roll call vote; Michael Medeiros-yes; Robert Gardner, Jr.-yes; and Halim Choubah (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 December 11, 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 Letter from David Riquinha, Director of Inspectional Services dated September 17, 2020 Photos 2 letters from Abutters in support Site Plan dated November 24, 2020 Architectural drawings by East Coast Homes dated July 3, 2019 time stamped by Richard J. Rheaume , Professional Engineer: Cover, Elevations, First Floor Plan, Second Floor Plan Connection to Addition (Plan View) time stamped by Richard J. Rheaume, Professional Engineer dated July 3, 2019 Letter from Rudy Botros requesting a continuance via e-mail dated February 11, 2021. (See revised date on motion below) Revised Site Plan dated March 4, 2021 Revised Floor Plan, Plan View, (4) Elevations dated March 4, 2021 Chairman Choubah gave a summary on the case and stated this case was continued from February 10, 2021 so the Petitioner would have the opportunity to reduce the footprint of the addition. The Petitioner revised the plans from a 2 story to a 1 story addition and the connection is to make it easier to go from one side to the other. They reduced the size by 32% and lowered the elevation to a single story structure. Chairman Choubah invited Board members for questions. Michael Medeiros stated on the site plan there is a connection between the existing home and the proposed 3 bedroom addition and asked how it was going to be connected and if was going to be climate controlled. Steve Gioiosa, SITEC representing the Petitioner stated that the connection has always been proposed. Mr. Gioiosa continued by stating, the Petitioner revised the plans from a 2 story to a 1 story addition and the connection is to make it easier to go from one side to the other. The proposal was reduced by 32% (reduced from 1600 sq. ft. to 1100 sq. ft.) with the elevation lowered to a single story structure. Also, the hallways were consolidated and a bathroom and office space were eliminated. The large evergreen trees would be preserved that screens the back yard. The single story home will not be intruding on the neighborhood and the immediate abutters are in favor of this petition. Mr. Gioiosa stated the hardship is being constrained by the angle of the property line on the east side and the wetlands to the rear which limits where the septic system can be placed. Alvin Youman asked if the proposed structure would be on a slab, and if a new septic system would be installed. Mr. Gioiosa answered it would have a basement and the Petitioner stated it would be for storage only if allowed and yes a new septic system would be installed. There was discussion regarding the intent and purpose regarding the by-law and what the town would allow for an accessory structure, 800 sq. ft. is allowed as a matter of right. The question/issue discussed was having more than one kitchen? Discussion ensued that having more than one kitchens, bedrooms, or bathrooms are not prohibited. It was stated that the issue is that the proposed addition will not be directly connected to the existing house due to the cost of construction and the ability of positioning will destroy the existing house; the economics will not work. Chairman Choubah addressed the situation by stating that zoning bylaws are in place to address the proposal before this Board. Chairman Choubah continued by stating his concerns. The design of the addition is not in compliance and the lot is not unique. The design of the proposal shows 2 separate houses connected by a small hallway. The criteria for an addition has to be integrated to look like one residential structure. Also, the three (3) bedrooms, although you can have as many bedrooms as long as the septic system can support it. Chairman Choubah is concerned with the precedence that will be set if approved. Chairman Choubah gave his opinion regarding the design (floor layout) and that there are other options, changing the layout and the location. The proposal does not give the appearance of a single family structure. Discussion continued on the different locations that the structure could be built and if the 800 sq. ft. can be met they would not have to come before zoning. The by-law states 800 sq. ft. and no more than two (2) bedrooms. Michael Medeiros stated he has concerns having 2 dwellings on one (1) lot and setting a precedent. Alvin Youman agrees with Mr. Medeiros. After further discussion regarding the by-law, the design, the proposed location, the conclusion was to Withdraw Without Prejudice. Steve Gioiosa requested to Withdraw Without Prejudice this petition. Chairman Choubah asked for a motion. Michael Medeiros made a motion to approve the Petitioners request to Withdraw Without Prejudice Variance Case 2020-23. The motion was seconded by Alvin Youman and roll call vote: Michael Medeiros-yes; Alvin Youman-yes; Halim Choubah-yes. The motion passed unanimously. Chairman Choubah asked for a motion to close Variance Case 2020-23. Michael Medeiros made a motion to close the hearing on Variance Case 2020-23. The motion was seconded by Alvin Youman and roll call vote: Michael Medeiros-yes; Alvin Youman-yes; Halim Choubah-yes. The motion passed unanimously. 7:20 P.M. Hearing adjourned Michelle Vieira Zoning Staff Assistant/Principal Clerk Zoning Board of Appeals Date of approval: