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Decision-GRANT-VarianceTOWN OF DARTMOUTH Office of the Zoning Board of Appeals 400 Slocum Road, Dartmouth, MA 02747 Tel. No. 508-910-1868 Board Members Halim Choubah, P.E., Chairman Michael Medeiros, Esq., Clerk Robert Gardner, Jr., Member DECISION APPROVAL OF VARIANCE HEARING DATE: January 27, 2021 (via Zoom) CASE: VARIANCE CASE NO: 2020-26 PETITIONER/APPLICANT: Evan Hanson PROPERTY OWNER: Evan Hanson SUBJECT PROPERTY: 1 Willow Street DISTRICT: Single Residence A Map: 143 Lot: 120 BRISTOL COUNTY REGISTRY OF DEEDS: Book:12829 Page: 277 PRESENT: The Board: Chairman Halim Choubah-present, Michael Medeiros, Esq.-present, Robert Gardner Jr.-present ASSOCIATE MEMBER: Dr. Rahim Aghai-present and Alvin Youman-present Zoning Staff Assistant/Principal Clerk: Michelle Vieira The Petitioner was seeking a Variance to construct a 12’ x 30’ detached, single car garage to be located on the north side of the property. Setback relief of 4.4’ from the side property line was requested. (Article 7, Section 375-7.4 D (4) (b) Setbacks) DECISION It was the unanimous decision of the Board of Appeals to GRANT the requested Variance to construct a 12’ x 30’ detached, single car garage to be located on the north side of the property. The Board determined the following: Locus property at 1 Willow Street is identified as Map 143, Lot 120 on the Dartmouth Assessor’s Maps and is located in the Single Residence A District. The subject property is an existing non- conforming lot with approximately 6,400 square feet area where 40,000 square feet is the minimum required in the Single Residence A District. The subject property is served by Town water and sewer. The existing dwelling structure located on the subject property does not conform to the current setback requirements in the Single Residence A District. Evan Hanson has owned the property since June 2019. The Applicant/Petitioner is seeking a Variance to construct a detached garage structure to the north of the existing dwelling pursuant to Article 7, Section 375-7.4 (D) (4) (b), Setbacks, “buildings or structures may be placed a minimum of 10 feet from all other perimeter lot lines or 30 feet from a street line if the lot upon which the building or structure is to be located was in existence prior to October 26, 1993. The benefit of this exemption is available to lots which already had buildings or strictures located thereon prior to October 26, 1993”. The proposed 12’x30’ detached garage structure would be placed 4.4’ feet from the northerly property line. The relief being sought is 5.6’ from side yard setback where 10’ is required Proposed addition is in harmony with the surroundings and would enhance the appearance and architectural of the existing dwelling. The proposed addition is not more detrimental to the neighborhoods than the existing dwelling structure. The proposed location of the garage is the only practical location on the property as it would be placed directly to the west of the existing paved driveway. The height of the new garage would be in compliance with the height restrictions in the Single Residence A District. The requested Variance meets the statutory requirements for granting a Variance pursuant to Massachusetts General Laws Chapter 40A §10. There are circumstances related to soils, shape and topography that especially affect the subject property that do not generally affect the zoning district in which the structure or land is located. The location of the existing dwelling and existing driveway limit the placement of the proposed garage to the west of the paved driveway at the location shown on the plans. A literal enforcement of the provisions of the by-law would involve substantial hardship, financial or otherwise, to the petitioner. The placement of the proposed garage in a location other than what is shown on the plans would involve a similar variance. The relocation of curb cut and relocation of the existing paved driveway would involve hardship to the petitioner. Desirable relief may be granted without detriment to the public good. The proposed garage structure is in harmony with the surroundings and would enhance the appearance and architectural of the existing dwelling. Relief may be granted without detriment to the public good. (iv) The Variance will not nullify or substantially derogate from the intent or purpose of the by-law. The proposed garage addition is in harmony with the surroundings. The Variance will not nullify or substantially derogate from the intent or purpose of the by-law. THE BOARD’S APPROVAL SHALL BE SPECIFICALLY CONDITIONED UPON COMPLIANCE WITH THE FOLLOWING: The Petitioner and/or any subsequent owner will secure all of the necessary permits and approvals from all applicable Boards and Agencies prior to the issuance of a building permit. If the Petitioner plans to relocate existing shed, the shed shall be in compliance with the required zoning setbacks. Board approved plan referenced as: Site Plan By: Zenith Land Surveyors, LLC Prepared for: Evan Hanson, 1 Willow Street Dated: August 21, 2020 Architectural Plans By: MacCadd Drafting & Design Prepared for: Evan Hanson, 1 Willow Street Dated: October 8, 2020 Notice of Appellate Rights No Variance, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the city or town clerk that twenty (20) days have elapsed after the decision has been filed in the office of the city or town clerk and no appeal has been filed, or that if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner’s certificate of title. The owner or applicant shall pay the fee for recording or registering. Appeals, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws, Chapter 40A, and shall be filed within twenty (20) days after the date of filing of this Decision in the office of the Town Clerk. If the rights authorized by a Variance are not exercised within one year of the date of grant of such Variance such rights shall lapse; provided, however, that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such for a period not to exceed six months; and provided, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one year period. If the permit granting authority does not grant such extension within thirty days of the date of application therefore, and upon the expiration of the original one year period, such rights may be reestablished only after notice and a new hearing pursuant to the provisions of Massachusetts General Laws Chapter 40A, §10. Copies of the minutes of this hearing are available, upon request, at the office of the Board of Appeals. ZONING BOARD OF APPEALS, TOWN OF DARTMOUTH By: _______________________________ Halim Choubah, P.E. Chairman