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Minutes 4/21/21 _ (14- s ,,,,Dia). TOWN 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: April 21, 2020 (via Zoom) CASE: SPECIAL PERMIT CASE NO: 2021-03 PETITIONER/APPLICANT: Jeffrey and Marion Webster PROPERTY OWNER: Jeffrey and Marion Webster SUBJECT PROPERTY: 1 Redwood Street DISTRICT: General Residence Map: 129 Lot: 33 BRISTOL COUNTY REGISTRY OF DEEDS: Book: 10342 Page: 92 ATTENDANCE BY ROLL CALL: The Board: Chairman Halim Choubah-present, Alvin Youman, Esq.-present, Dr. Rahim Aghai-present Zoning Staff Assistant/Principal Clerk: Michelle Vieira BOARD MEMBER(s) ABSENT: Robert Gardner,Jr., and Michael Medeiros, Esq. 6:10 P.M Chairman Choubah opened the hearing LEGAL AD: Notice is hereby given of a public hearing to be held on Wednesday, April 21, 2021 at 6:00 P.M. on the petition of Jeffrey and Marion Webster who is seeking a Special Permit to install 2 bathrooms, one on each floor in the proposed two-story pool house. The property is located at 1 Redwood Street in the General Residence District and identified on Assessor's Map 129 Lot 33. Information is on file in the office of the Board of Appeals and may be seen upon request. (Article 10, Section 375-10.3 B, and B (1) Special Permit Uses) 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: 843 2927 6397 and Password: 666283 Page 1 of 4 ADVERTISED: The Notice for public hearing was published in The Dartmouth Chronicle on Wednesday,March 31, 2021 and Wednesday, April 7,2021 ABU1"1 ER'S LIST: Alvin Youman motioned to waive the reading of the abutter's list. The motion was seconded by Dr. Rahim Aghai and roll call vote: Alvin Youman-yes; Dr. Rahim Aghai-yes; 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 • Special Permit application time stamped with the Town Clerk on March 10,2021 • Schedule of Departmental Payment of Fees To Collector's Office • Legal Ad • Certified Abutter's List • Vision Appraisal Card • GIS Map • Tax Collectors Form • Letter from Building Inspector dated February 4, 2021 • Photos • Site Plan dated August 31, 2020 Prepared by Michael J. Koska&Associates • Architectural Plans dated October 1, 2021 Prepared by Elise Braceras Stone, Architects Chairman Halim Choubah read into the record the denial letter from the Building Commissioner into the record, also the comment from the Environmental Affairs Coordinator. Chairman Choubah summarized the relief that is being requested. The Petitioner is seeking a Special Permit to install 2 bathrooms, one on each floor in the proposed two-story pool house. Chairman Choubah invited the Petitioner or representative to present the case. Richard Rheaume, Prime Engineering shared his screen and described the area on where the proposed 18' x 42'pool and the two-story pool house will be located, which will be between the existing dwelling and the existing seawall. Mr. Rheaume gave a description of the proposed pool house by stating the first floor has folding doors, closets, a sitting area and a bathroom. The second floor has a few closets, bathroom and a sitting area. There are no kitchen facilities at all. The Webster's have 3 adult children that live in various states and out of the country and they would like to have a space for them when they visit. Chairman Choubah invited any board members to ask questions. Alvin Youman stated his concern is the size of the building and that the second floor will also have a bathroom, closets, a sitting area, and that original plan showed a bedroom. Dr. Aghai agrees with Mr. Youman and has concerns with the size, the second floor and how it could easily be a residential unit, and in the future, whomever takes over the home; it could/would be used as a residential unit. Page 2 of 4 Chairman Choubah stated that although this is allowed by Special Permit, Chairman Choubah continued and read Section 375-10.3 B (1). Summarizing the section; the accessory building will not be used as an additional residential unit, and that the ZBA shall determine through a review of plans that the nature of proposed plumbing etc. is not proposed in a manner the "building, could be easily converted into an additional unit. Chairman Choubah asked the Building Commissioner. Joseph Braga his opinion on this case. Mr. Braga stated he had concerns when he first saw this petition. The set of plans submitted had a bedroom, and that is what he based his denial letter on. Other petitions for pool houses that he has seen had only one level. His concern also is about the future, and the second floor has the possibility of becoming a residential unit. Chairman Choubah stated, with previous cases and with these concerns, the Board suggested to the Petitioner to revise their plans and come back. Chairman Choubah stated that the second floor can easily be converted Chairman Choubah continued by stating, it doesn't appear to be a favorable vote, and suggested to Mr. Rheaume to continue the case and revise the second floor layout to make the Board comfortable that it will not be easily converted The Board members continued the conversation regarding removing the second floor bathroom and re-designing, scale it down to be more of a storage area or removing the entire floor. Chairman Choubah invited public comments. Marion and Jeff Webster, the Petitioners stated they have four bedrooms, four children from Taipei to Florida. For health reasons they only have one bedroom available, as one daughter who is in college still lives at home. When the children do visit, it's for weeks not just a weekend and they have no plans on making this a residential unit. Mrs. Webster asked if the bathrooms were eliminated, they could have the two floors, and the answer was yes. Chairman Choubah stated, the Board reviews each case and makes the determination if the structure can easily be turned into a residential unit. Constructing a pool house is not the issue, havin a second floor with closets, bathroom, a sitting area, that's the Boards concern. Conversation continued with the Petitioners stating the bathroom and closets can be taken out. The Board suggested reducing the size of the second floor and have it as storage area. Chairman Choubah asked if there were any further Board or public comments. No further comments. The Petitioners requested a continuance, and Chairman Choubah asked for a motion to continue this case. Page 3 of 4 S. Alvin Youman made the motion to continue Special Permit Case 2021-03 to June 9, 2021. The motion was seconded by Dr. Rahim Aghai and roll call vote:Alvin Youman yes; Dr. Rahim Aghai yes; Halim Choubah-yes. The motion passed unanimously. 6:50 P.M. Hearing adjourned OWchelle Beira- Michelle Vieira, Principal Clerk Zoning Board of Appeals Date of approval: 5/5/2021 Page 4 of 4