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Minutes 7-08-2020TOWN 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: July 8, 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, Esq.,-present and Dr. Ralph Pollack-present. 6:15 P.M. Chairman Halim Choubah, P.E., opened the hearing LEGAL AD: Notice is hereby given of a public hearing to be held on Wednesday, July 8, 2020 at 6:00 P.M. on the petition of Kimberly S. and Donald P. King III who are seeking a Variance to construct a 28’ x 24’ detached garage/pool house at the Northern corner of the property, to the rear of the dwelling. The new structure will be placed 10’ from the property line where 20’ is required. The property is located on 111 Elm Street in the General Residence District and identified on Assessor’s Map 113 as Lot 53. Information is on file in the office of the Board of Appeals and may be seen upon request. (Article 10, Section 375-10.4 D Setbacks) 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: 830 8285 2153 and Password: 963428 ADVERTISED: The Notice for public hearing was published in The Dartmouth Chronicle on Wednesday, June 17, 2020 and Wednesday, June 24, 2020. ABUTTER’S LIST: By Roll Call Vote: Robert Gardner Jr. motioned to waive the reading of the abutter’s list into the record (yes). The motion was seconded by Michael Medeiros (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 June 2, 2020 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 David Riquinha, Director of Inspectional Services dated April, 2020 Photos ANR dated July 13, 2015 Revised Site Plan dated July 14, 2020 Architectural drawings dated May 20, 2020 SK6.1, SK6.2, SK6.3, SK6.4, SK6.5 by Cheridan Designs Chairman Choubah suggested to reverse the order of cases and hear Variance Case 2020-10 first, due to the fact that if it is not approved then the Special Permit Case 2020-09 will be not be necessary. Motion: Robert Gardner, Jr. made the motion to reverse the order of cases and hear Variance Case 2020-10 first then Special Permit Case 2020-09. Michael Medeiros seconded the motion and voted roll call: Robert Gardner, Jr-yes; Michael Medeiros-yes; Halim Choubah-yes. Chairman Choubah gave a summary on the case and read into the record a letter from David Riquinha, Director of Inspectional Services dated April, 2020. Also read into the record were the comments by the Planning Director, Board of Health and Conservation. Chairman Choubah invited the Petitioner or representative to present the case. Steven Kohm from Prime Engineering stated he will be representing the Petitioners. Chairman Choubah invited Board members for questions. Dr. Pollack asked if there was a second floor to this project, Mr. Kohm stated there wasn’t. Mr. Kohm described the property and stated the proposal is to construct a pool, detached pool house with an attached covered patio. The project has been to Conservation regarding extending the retaining wall where a small amount of the proposed patio will be in the 25’ do not disturb buffer zone, which has been approved. The relief being sought is to allow the structure be placed 10’ from the side yard where 20’ is required. If considering both properties at once, it’s separating the structures by 40’. The distance between structures would be 68’. Alvin Youman stated if the billiard room was taken off, it would comply with zoning and asked how many room are in the home? Michael Medeiros questioned in the letter from the Building Inspector, it stated that there was a second floor, had the plans been modified? Donald King, 111 Elm Street, the Petitioner stated they were thinking of a second floor for a gym, through the process we felt it would be overpowering, and didn’t want it to be thought that it would be changed to anything other than what was intended for. The current plan is just one level, and the billiard room will be a home gym. Mr. King stated there is 4 bedrooms and 5 ½ bathrooms, bathrooms on the first floor. Michael Medeiros stated, that the Board has had cases like this before and understands the concerns from Mr. Youman, and would like to know if the abutters have any concerns. Chairman Choubah asked if the property was connected to the sewer, which was answered yes. Chairman Choubah stated if the structure was slid a few feet in the westerly direction closer to the house and moved the pool and covered porch slightly to the south, the 20’ setback could be met, there wouldn’t be 15’ patio between the house and the pool, there may be 12-13’. Chairman Choubah invited public comments. Dave & Sandy Hall, 115 Elm Street, abutters stated they have no objection to the plan but would prefer the 20’. The question is, if this project has been presented to the Association? Mr. King, the Petitioner stated he did not know, and Mr. Kohm agreed. Chairman Choubah stated that the Association would not have jurisdiction over Zoning. Beverly Lou Carter, an abutter, stated she doesn’t see a reason why the 20’ setback cannot be complied with. Mr. Kohm, Prime Engineering stated the reason is the wetlands on the property. Chairman Choubah stated that there are other options that can be done and that would meet the zoning requirements. Discussion continued with other options to meet the zoning requirements or get close to it. Michael Medeiros stated whereas there are wetlands and are within the 25’ buffer area there are limitations as what to do with the pool. Mr. Medeiros continued by stating by placing the pool closer to the home, there could be safety issues, people coming in and out of the house especially in the winter. Also, the Petitioners have gone out of there way, the design of the structure is esthetically pleasing, and thinks it would be compromised by moving it. Also, doesn’t believe the 10’ is intrusive, giving the General Residence area, South Dartmouth, and that there are larger homes on smaller lots. Robert Gardner stated he does not have a problem with the 10’. Mr. Youman stated hearing that the neighbors do not have a problem with this proposal and after hearing what Mr. Medeiros stated, if he was voting on this project he would be in favor. There was discussion regarding the lot coverage, existing is 30%, the proposal is 41% and the maximum is 50%. Chairman Choubah stated by reducing the structure to 24’ x 24’ will still give the same square footage, and would help with the setback of at least 4’ on the northerly side and slide the structure to the west. There was a lengthy discussion on reducing the size of the pool house and moving the structure etc. over to the west. Also, there’s a difference when granting a Special Permit to bring water into a pool house for a bathroom and or kitchenettes compared to granting a Variance, where there is a higher standard for approval, especially on a case like this. Chairman Choubah stated where this is an accessory structure that is being proposed, and we want to be careful of setting a precedence. Chairman Choubah suggested that the patio be reduced to 24’x10’ instead of 24’x12’ and rotate the pool house at 90 degrees and sliding the structure westerly then the project will be in compliance. Chairman Choubah suggested that this hearing be continued to see if the Petitioner can make adjustments to the layout/plans and that the setback is problematic. Michael Medeiros addressed the Petitioners regarding the Association and suggested they should get information from the Association regarding restrictions etc. Michael Medeiros made a motion to continue Variance Case 2020-10 and Special Permit Case 2020-09 to July 22, 2020. The motion was seconded by Robert Gardner, Jr. and roll called vote: Michael Medeiros-yes; Robert Gardner, Jr.-yes; Halim Choubah-yes. The motion passed unanimously. Michael Medeiros made a motion to adjourn. Robert Gardner, Jr. seconded the motion and roll called vote: Robert Gardner, Jr.-yes; Michael Medeiros-yes; Halim Choubah-yes. The motion passed unanimously. 7:30 P.M. Hearing adjourned Michelle Vieira Zoning Staff Assistant/Principal Clerk Zoning Board of Appeals Date of approval: 9/23/2020