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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: July 22, 2020 (via Zoom) CASE: VARIANCE CASE NO: 2020-10 PETITIONER/APPLICANT: Kimberly S. and Donald P. King III PROPERTY OWNER: Kimberly S. and Donald P. King III SUBJECT PROPERTY: 111 Elm Street DISTRICT: General Residence Map: 113 Lot: 53 BRISTOL COUNTY REGISTRY OF DEEDS: Book: 13087 Page: 328 PRESENT By Roll Call: The Board: Chairman Halim Choubah-present, Clerk Michael Medeiros, Esq.-present, Robert Gardner Jr.-present Zoning Staff Assistant/Principal Clerk: Michelle Vieira BOARD MEMBER: Dr. Rahim Aghai-present, Alvin Youman-present and Dr. Ralph Pollack-present. The Petitioners were seeking a Variance to construct a 28’x24’ detached accessory pool house 15’ from side property line where 20’ is required. (Article 10, Section 375-10.4 (D) Setbacks) DECISION It was the unanimous decision of the Board of Appeals to GRANT the requested Variance to allow the Petitioner to construct a 28’x24’ detached accessory pool house 15’ from side property line where 20’ is required. The Board determined the following: Locus property at 111 Elm Street is identified as Map 113, Lot 53 on the Dartmouth Assessor’s Maps and is located in the General Residence District. The subject property is approximately 27,719 square feet area where 15,000 square feet is the minimum required in the Single General Residence District. The subject property is served by Town water and sewer. Kimberly King has owned the property since January 2020. The Applicant/Petitioner is seeking a Variance pursuant to Article 10, Section 375-10.4 D “Setbacks” to construct a new 28’x 24’ detached pool house 15’ from side property line where 20’ is required. This property is located in the General Residence District where vast majority of the lots were created prior to 1993 with required side yard setback of 10’. Only the few lots created after 1993 must follow the more restrictive 20 foot side yard setback. As proposed the pool house will be set approximately 65’ from the closest structure on the abutting property. This is an ample separation in a zoning district that typically allowed 20 feet side yard separation between structures. The proposed one-story 672 square-foot pool house would be setback 15’ from the northerly side line where 20’ is required. It would have an exercise/billiards room, a kitchenette with a sink, a seating island and a bathroom with a sink, toilet and a 60” shower. The height of the new pool house structure would be in compliance with the height restrictions in the General Residence 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 proposed pool structure, the location of the existing dwelling and the presence of the wetlands along the southerly and easterly sides of the property limit the placement of the proposed pool house structure to 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 pool house structure in a location other than what is shown on the plans present substantial hardship to the petitioner. Desirable relief may be granted without detriment to the public good. The proposed pool house structure would be in harmony with the surrounding properties having structures with similar setbacks to their property lines. As proposed the pool house will be set approximately 65’ from the closest structure on the abutting property. This is an ample separation in a zoning district that typically allowed 20 feet side yard separation between structures. Relief may be granted without detriment to the public good. The Variance will not nullify or substantially derogate from the intent or purpose of the by-law. The design of the proposed pool house structure complements the existing residential dwelling on the property and is in harmony with surrounding structures and uses. 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. The Board approved plan referenced as: Site Plan by: Prime Engineering Prepared for: 111 Elm Street (Kimberly & Donald King) Dated: 3/17/2020--Revised 7/14/2020 Architectural Plans-SK6.1, SK6.2, SK6.3, SK6.4 SK6.5 By: Cheridan Designs Prepared for: 111 Elm Street (Kimberly & Donald King) Dated: May 20, 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