Decision-Special Permit
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
DECISION
APPROVAL OF SPECIAL PERMIT
HEARING DATE: June 10, 2020 (via Zoom)
CASE: SPECIAL PERMIT
CASE NO: 2020-03
PETITIONER/APPLICANT: Stephen and Kathleen Meeker
PROPERTY OWNER: Stephen and Kathleen Meeker
SUBJECT PROPERTY: 8 Washburn Lane
DISTRICT: Single Residence B
Map: 96 Lot: 13
BRISTOL COUNTY
REGISTRY OF DEEDS: Book: 9235 Page: 181
PRESENT: The Board: Chairman Halim Choubah, Clerk Michael Medeiros, Esq., Robert Gardner Jr.
ASSOCIATE MEMBER(s): Dr. Rahim Aghai, Alvin Youman and Dr. Ralph Pollack
Zoning Staff Assistant/Principal Clerk: Michelle Vieira
Other interested parties: Attorney Peter Bullard and Attorney Robert Feingold
The Petitioners were seeking a Special Permit to install a toilet and sink on the first floor of the existing detached garage. (Article 8, Section 375-8.3 (B) Accessory Building with
Utilities)
DECISION
It was the unanimous decision of the Board of Appeals to GRANT the requested Special Permit to allow the Petitioner to install a toilet and sink on the first floor of the existing detached
garage.
The Board made findings:
Locus property located at 8 Washburn Lane is identified on Map 96 Lot 13 and is located in the Single Residence B District and Flood Zones VE, AE, and X.
Stephen and Kathleen Meeker have owned the property since January 13, 2009
The subject property is served by town water and an on-site sewage disposal system.
The Petitioners wish to install a toilet and sink on the first floor of the existing detached garage.
The Petitioners are seeking a Special Permit pursuant to Article 8 Section 375-8.3 (B) “Special Permit Uses” of the Dartmouth Zoning By-Laws for accessory buildings with kitchen and/or
bathroom facilities.
The existing garage structure is a detached accessory structure located south of the existing dwelling on the property. The Petitioner seeks to install one toilet and one sink in the
first floor area of the garage for convenience purposes associated with their gardening and other residential uses of the property.
The Zoning Board of Appeals finds through a review of the submitted building plans that the nature of the proposed plumbing, wiring and floor layout is proposed in a manner so that the
existing garage structure could not be used or converted into an additional residential unit.
The Zoning Board of Appeals finds that limiting the bathroom facility to a toiled and sink only, is in line with meeting the criteria of Section 375-8.3 (B) “Accessory Building with
Utilities” of the Dartmouth Zoning By-Laws.
The Zoning Board of Appeals finds that the proposed bathroom facility in the existing first floor garage space will not be more detrimental to the neighborhood and is in harmony with
the general purpose and intent of the zoning by-law.
THE BOARD’S APPROVAL SHALL BE SPECIFICALLY
CONDITIONED UPON COMPLIANCE WITH THE FOLLOWING:
The existing first floor or second floor space of the garage shall not be used as an additional residential unit.
The Petitioners are to secure all of the necessary permits and approvals from all applicable Boards and Agencies before a building permit is issued.
The existing first floor and second floor space of the existing garage structure shall be subject to an inspection once a year to determine that the space has not been converted into
an additional residential unit. Pursuant to Article 7, Section 375-7.3 (B), there can be an inspection once a year (after notice to the owner) to determine that the first floor space
of the garage structure has not been converted into an additional residential unit. Conversion will result in the revocation of the Special Permit after a public hearing in accordance
with M.G.L., Chapter 40A.
Each of the parties will comply with the terms of the agreement entered between Stephen and Kathleen Meeker (the Meekers) and Gary and Wendy Reardon (the Reardons) dated June 10, 2020,
which will be an ongoing condition so long as the garage is utilized by the Meekers.
Plans of Record:
Site Plan/Existing Conditions
Prepared by: Site Design Engineering, LLC
Prepared for: 8 Washburn Lane
Dated: March 6, 2017
Architectural Plan:
Floor Plan & Details
CD-101
Prepared by: Walsh Architect
Prepared for: Mr. & Mrs. Stephen Meeker, 8 Washburn Lane
Dated: December 26, 2020
Notice of Appellate Rights
No special permit, 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 Special Permit are not exercised within two years of the date of grant of such Special Permit 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 two 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 two year period, such rights may be reestablished only after
notice and a new hearing pursuant to the provisions of Massachusetts General Laws Chapter 40A, Section 9.
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