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Amendment Decision Variance-SPTOWN 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 AMENDMENT TO VARIANCE/SPECIAL PERMIT CASES: 1993-17 and 1995-3 DATE OF HEARING: October 7, 2020 CASE: Amendment Variance/Special Permit RE: Amend Variance/Special Permit Cases 1993-17 and 1995-3 CASE NO: 2020-16 PETITIONER/APPLICANT: Ralph’s Auto Center, Inc. PROPERTY OWNER(S): Louis Properties, LLC SUBJECT PROPERTY: 816-822 State Road DISTRICT: General Business Aquifer Protection Map: 163 Lot: 30 BRISTOL COUNTY REGISTRY OF DEEDS: Book: 12043 Page: 297 The Petitioner was seeking to amend VARIANCE/SPECIAL PERMIT Cases 1993-17 and 1995 to amend conditions 4b, 9, 12b, 11, & 15 from the Variance/Special Permit Case 1993-17 and condition 3 from the 1995-3 decision. PRESENT: The Board: Acting Chairman Michael Medeiros, Esq., Halim Choubah, P.E., and Alvin Youman, Esq. ASSOCIATE MEMBERS: Dr. Rahim Aghai Zoning Staff Assistant/Principal Clerk Michelle Vieira DECISION It was the unanimous decision of the Board of Appeals to GRANT the request to amend VARIANCE/SPECIAL PERMIT AMENDMENT Cases 1993-17 and 1995 to amend conditions 4b, 9, 12b, 11, & 15 from the Variance/Special Permit Case 1993-17 and condition 3 from the 1995-3 decision to the Petitioner, Ralph’s Auto Center, Inc. The Board determined the following: 1. The subject property is located at 816-822 State Road and is delineated on Town of Dartmouth Assessor’s records as Map 163, Lot 30 and measures approximately 1.06 acres. 2. The subject property is located in a general business zoning district and an Aquifer Overlay District. 3. Louis Properties, LLC and Richard Corliss have owned the property according to the Dartmouth Assessor’s records since April 13, 2017. The property is presently improved by two buildings and operates a used car business, selling and servicing used cars subject to the limitations of the prior Special Permits and Variances. Prior Petitioner, Richard Corliss, has been operating a used car dealership, including automobile repair of used cars, at this location since at least 1993. 4. The Dartmouth Zoning By-Laws allow retail service or repair shops and automobile service stations in a general business district as a right. See Section 375-18.2FM. 5. The Petitioner, Ralph’s Auto Center, Inc., seeks to amend the prior Zoning Board Variance and Special Permit Decisions as follows: See attached Exhibit A. 6. The prior Decision of the Zoning Board of Appeals allowed the current owner to operate a used car business and minor repairs of those used cars in the Aquifer District. See Board of Appeals Case #1993-17. 7. There have been no changes to the shape, topography, or buildings on the parcel since the granting of the last Special Permit/Variance on June 7, 1995 which allowed the razing of an old building and the construction of a new building. 8. Petitioner now requests an amendment to Case #1993-17 and 1995-3 to expand and/or modify its permitted use in the Aquifer District. See Zoning By-Law 375, Sec. 28.6A(1). 9. The Board finds that the requested Variance/Special Permit Amendment will be amended specifically to the following: Paragraph 4(b) of the 1993-17 Decision is hereby amended to allow the Petitioner to operate a business for the sale and repair of used cars and trucks at this location and any subsequent owner. Paragraph 9 of the 1993-17 Decision is hereby amended to allow general services and repairs to any vehicle which appears to be as of rights in a general business district. Paragraph 12(b) of the 1993-17 Decision is hereby amended to allow service and repair of all vehicles. Paragraph 11 of the 1993-17 Decision is hereby amended to allow the Petitioner to employ seven full-time employees and seven part-time employees on site. Paragraph 15 of the 1993-17 Decision appears to be in conflict and is hereby amended to allow office space to be used by the Petitioner and any subsequent owner for the Petitioner’s auto center, and continuing office use for the existing tenant for boat, boat trailers and outboard engine sales from the premises. Prior to commencement of any activity on the parcel, the Petitioner and/or subsequent owner must comply with all other requirements of municipal boards or agencies. All conditions and restrictions contained in Case #1993-17 and 1995-3 not hereby modified or amended remain in full force and effect. The Board finds that the relief sought by the Petitioner is not more detrimental to the neighborhood than the existing use of the property and structures. The Board finds that, owing to conditions especially affecting the parcel, but not affecting generally, the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or zoning by-laws would involve substantial hardship, financial or otherwise, to the Petitioner. The Board finds that desirable relief may be granted in the matter without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning by-laws. Notice of Appellate Rights No Variance or 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 Variance or a Special Permit are not exercised within one year (for Variance) and two years (for Special Permit) of the date of grant of such Variance or 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 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: _________________________________ Acting Chairman Michael Medeiros, Esq.