March 24, 2021 MinutesTOWN 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 24, 2021 (via Zoom)
CASE: VARIANCE
CASE NO: 2021-01
PETITIONER/APPLICANT: Jose A. Verissimo
PROPERTY OWNER: Jose A. Verissimo
SUBJECT PROPERTY: 117 & 120 Wilson Street
DISTRICT: General Residence
Map: 57 Lot: 2
Map: 57 Lot: 3
BRISTOL COUNTY
REGISTRY OF DEEDS: Book: 12566 Page: 54
Book: 12085 Page: 142
ATTENDANCE By Roll Call: The Board: Chairman Halim Choubah-present, Michael Medeiros-present, Alvin Youman-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, February 24, 2021 at 6:00 P.M. on the petition of Jose A. Verissimo who is seeking a Variance/Change of
Use Variance to create three single family lots. One of which is proposed Lot 57-2A which has 26,495 sq. ft., 11,320 sq. ft. of which is designated as upland as opposed to the 15,000
sq. ft. of upland required. (Article 10, Section 375-10.4.A (1) Lot Area), (Article 43, Section 375-43.3, Use Variances). The property is located at 117 & 120 Wilson Street in the
General Residence District and identified on Assessor’s Map 127 Lot(s) 57-2 & 57-3. 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: 858 1321 9963
Password: 952555.
ADVERTISED: The Notice for public hearing was published in The Dartmouth Chronicle on Wednesday, February 3, 2021 and Wednesday, February 10, 2021
ABUTTER’S LIST: Michael Medeiros made the motioned to waive the reading of the abutter’s list into the record. The motion was seconded by Alvin Youman and roll call vote; Michael
Medeiros-yes, Alvin Youman-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 January 8, 2021
Schedule of Departmental Payment of Fees To Collector’s Office
Legal Ad
Certified Abutter’s List
Vision Appraisal Card
GIS Map
Tax Collectors form
Photos
Letters from Abutters
Site Plan dated May 22, 2020
Revised Site Plan dated March 23, 2021
Chairman Choubah summarized this case stating that comments were read into the record by the Town Planner, Building Inspector and letters from Abutters and that this case was continued
from February 24, 2021. The Petitioner is requesting to reconfigure the lot lines of the two lots to create two buildable lots in order to build two single family homes on the property,
which will be more fitting with the neighborhood and less disruptive to the lot. The Board asked Steve Gioiosa, SITEC Engineering to revise the plan to show 2 single family houses
on the lot within the buildable area with grading.
Chairman Choubah invited the Petitioner or representative to present the case.
Steve Gioisoa, SITEC Engineering, representing the Petitioner showed the schematic grading plan for the 2 single family houses. Mr. Gioiosa identified Lot 3A as the Petitioners house,
Lot 2B is a fully compliant lot, with 15,000 sq. ft., 100’ of frontage, all upland. The house footprint that is being contemplated would have a garage with access back out to Wilson
Street. Mr. Gioiosa displayed the plan and stated that the lines with the ovals represent the proposed grading and each line represents a 1’ elevation change. This particular house,
because of the natural topography and not being in the coastal flood plain, there will be very little grading alteration in that area. Also, there will be a large open space between
the two houses and that the large cluster of trees that will be maintained. Lot 2A, similar style house, the grading would slope down gradually to the lower area and slope towards
the wetlands, the wetland line is approved by
Conservation. Grading will not be done up to the wetland line. An allowed limit of grading under the Wetlands Protection Act, in which the Petitioner will have to go before Conservation
to obtain approval to do that. Regulations are in place on how close and how much work can be done in the wetlands, which the Petitioner will not be doing. Conservation may require
post and rail fencing along the edge so future landowners will know that there is a protected resource area. Mr. Gioiosa compared the proposed lots to the duplex plans. Mr. Gioiosa
explained that all vegetation including trees along the northerly side of the property would have to be cleared. Also, a retaining wall of about 4‘ high would be constructed along
the northerly side property line to support the grade change on the lot. Mr. Gioiosa stated with the single family homes, it fits more into the character of the neighborhood and would
have less lot coverage and less obstruction of views. The lots, 2A and 2B if a duplex was built would encompass the entire buildable area.
Chairman Choubah invited Board members for questions.
No questions from the Board members.
Chairman Choubah read into the record a letter via e-mail from an abutter, Attorney Walter P. Faria, which was received March 4, 2021 who is in support of this petition.
Chairman Choubah invited public comments.
Ivy Feuerstadt and Barry Becken abutters, stated with the houses being built and the trees being cleared, those neighbors would be in view of their pool, that is how close they will
be. When they purchased the property they were told it was conservation land and nothing could be built there. Their concern is removing the vegetation.
Chairman Choubah stated that the original project (the duplex) has already been approved by Conservation and the building permits have been issued. Regarding the single family homes,
the grading is less intense because there will be more open space and the structures are positioned differently.
Chairman Choubah continued by stating each lot will have the minimum required frontage and land area. One lot will be short 3,680 sq. ft. of the minimum upland area of 15,000sq. ft.
required which is the reason for the Variance.
Conversation continued regarding the two plans, it was agreed that the plan for the single family homes will be less invasive and that the vegetation, trees etc. will be preserved.
John White, an abutter who is in opposition stated the reasons why he was opposed and repeated that this is not a hardship.
Chairman Choubah invited Board Members for questions.
No questions from the Board Members.
The Board made findings which are listed in the Decision.
The Board made proposed conditions which are listed in the Decision.
Chairman Choubah asked for a motion to close the public hearing.
Michael Medeiros made the motion to close the public hearing on Variance Case 2021-01. 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 approve Variance Case 2021-01.
Michael Medeiros made the motion to approve Variance Case 2021-01 with the stated findings and conditions, specifically referencing the relief seeking a Variance from the upland requirements
within the General Residence District. 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 the hearing on Variance Case 2021-02.
Michael Medeiros made the motion to close the hearing on Variance Case 2021-02. 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 adjourn.
Michael Medeiros made the motion to adjourn. The motion was seconded by Alvin Youman and roll call vote: Michael Medeiros-yes; Alvin Youman-yes, Halim Choubah-yes.
7:15 P.M. Hearing adjourned
Michelle Vieira
Zoning Staff Assistant/Principal Clerk
Zoning Board of Appeals
Date of approval: 4/21/2021