Amendment Minutes 8-26-2020TOWN OF DARTMOUTH
Office of the Zoning Board of Appeals
400 Slocum Road, Dartmouth, Massachusetts 02747
(508) 910-1868
Board Members
Halim Choubah, P.E., Chairman
Michael Medeiros, Esq., Clerk
Robert Gardner, Jr., Member
MINUTES
DATE OF HEARING: August 26, 2020
CASE: Amendment Special Permit/Variance
Decision Cases 1993-17 & 1995-3
CASE NO: 2020-16
PETITIONER/APPLICANT: Ralph’s Auto Center, Inc.
REPRESENTATIVE: Gregory J. Koldys
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
ATTENDANCE By Roll Call: The Board: Acting Chairman Michael Medeiros, Esq.-present, Robert Gardner, Jr.-present, Alvin Youman, Esq.-present
ASSOCIATE MEMBERS: Halim Choubah P.E. and Dr. Rahim Aghai
Zoning Staff Assistant/Principal Clerk Michelle Vieira
6:30 P.M. Acting Chairman Michael Medeiros opened the hearing
LEGAL AD: Notice is hereby given of a public hearing to be held on Wednesday, August 26, 2020 at 6:00 P.M. on the petition of Louis Properties, LLC who are seeking a Variance/Special
Permit Amendment to amend conditions 4b, 9, 12b, 11, & 15 from the Variance/Special Permit Case 1993-17 and condition 3 from the 1995-3 decision. The property is located on 816-822
State Road in the General Business and Aquifer Protection District and identified on Assessor’s Map 163 Lot 30. Information is on file in the office of the Board of Appeals and may
be seen upon request. 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: 822 0253 7892 and Password: 758893
ADVERTISED: The Notice for public hearing was published in The Dartmouth Chronicle on Wednesday, August 5, 2020 and Wednesday, August 12, 2020.
ABUTTER’S LIST: Robert Gardner, Jr. motioned to waive the reading of the abutter’s list. The motion was seconded by Alvin Youman and roll call vote:. Robert Gardner, Jr., -yes; Alvin
Youman-yes; Michael Medeiros-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
Amendment application time stamped with the Town Clerk on July 15, 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 dated July 15, 2020
Certificate of Good Standing, Commonwealth of Massachusetts Secretary of State
Previous Decisions: Variance & Special Permit Case 1993-17 and Amendment Case 1995-3
Acting Chairman Medeiros gave a summary regarding this case.
Acting Chairman invited the Petitioner or representative to present the case.
Attorney Gregory Koldys, representing the Petitioner Ralph’s Auto Center, Inc., stated that the owner of the property is Louis Properties, LLC. Attorney Koldys stated that the Petitioner
operates an auto dealership, repair shop currently located in New Bedford and wants to relocate. There is an existing Special Permit/Variance on this property dated 1993 and amended
in 1995. A number of conditions placed on this property are specific and limited. Attorney Koldys reviewed each condition that the Petitioner is requesting to be amended.
Paragraph 4(b) limits the permit to operate for the existing owner only. Petitioner seeks to amend the provision to allow petitioner to operate. (1993-17 Decision)
Paragraph 9 limits repairs to only minor repairs to vehicles owned or warranted by the petitioner in the original case. The current petitioner is seeking to amend this condition to
allow general service and repairs to any vehicles. (1993-17 Decision)
Paragraph 12 (b) limits service and repair only to vehicle purchased and sold by the applicant in that case. The current petitioner seeks to amend that condition to allow the service
and repairs of all vehicles. (1993-17 Decision)
Paragraph 11 restricts the operation to four employees on site at any one time. The Petitioner seeks to amend this condition to accommodate its seven full-time employees and several
part-time employees. (1993-17 Decision)
Paragraph 15 of the 1993-17 decision states restricted office use to the auto dealership. Paragraph 3 of the 1995-3 amendment decision limits the office space to the petitioner in that
case and /or subsequent owner. The current petitioner seeks to clarify those conditions to allow office use by the petitioner’s auto center and continuing office
use by an existing tenant for boat, boat trailers and outboard engine sales from the premises.
Attorney Koldys continued by stating that the current owner has a boat business which he would like to continue, which would involve office space. The Petitioner is looking for an amendment
or expansion to paragraph 15 to allow office use for both an auto dealership and the current owner of the property to continue the use for his boat business. Attorney Koldys stated
the operations are similar to the operations that have been there. Some of the language in those decisions make the Petitioner hesitant to relocate unless the Board allows these proposed
new amendments.
Acting Chairman Medeiros invited any board members to ask questions.
Alvin Youman, asked what is Ralph’s relationship to the property. Also, the original Petitioner, Richard Corliss who applied for these previous petitions, does he still have a relationship
to the property?
Attorney Kolyds stated Ralph’s Auto would be a tenant, and is also family with the principal Louis Properties, but he wasn’t sure of the status of Richard Corliss.
Discussion continued regarding Richard Corliss still being listed on the Assessors Card and the submission of a Certificate in Good Standing was submitted with the names Randall Medeiros
and Timothy Medeiros currently, what wasn’t submitted was one for Ralph’s, which they have not filed for 2019.
Although Mr. Youman stated he doesn’t have a problem regarding ownership and what business will be in there, he does have the following concerns: In the 1993-17 decisions, it states
there will be no sub-letting. Mr. Koldys replied he may have overlooked that, but Ralph’s Auto Sales will be a tenant. In the original decision, it refers to only minor repairs, but
the Petitioner is asking that anyone can bring their car there for repairs. Attorney Koldys replied yes, that is what they are looking for. Attorney Youman is also concerned with
the aquifer district, where it excludes automotive service and boat repairs and surmises that is why the language in Paragraph 9 states only minor repairs. Attorney Koldys stated he
doesn’t know the reason why it was limited to minor repairs. Also in question is why in the 1993-17 decisions it states only 4 employees. Attorney Koldys did not have an answer. Mr.
Youman stated that the property was not tied into town sewer and water, which Attorney Koldys replied no it wasn’t.
Dr. Aghai asked if the main business was for boats and that he never sees automobiles there.
Attorney Koldys stated that it was an automobile center, he’s not sure if they are doing any repairs there but they still deal with cars.
Chairman Michael Medeiros asked Mr. Kolyds who it operating the used car lot now, and if he knows how many cars they are allowed to display.
Mr. Kolyds stated Louis Properties, and he doesn’t’ know how many cars are allowed.
Acting Chairman Medeiros stated he is concerned with the restrictions that were placed and what the rational was aside from the property being located in the Aquifer District.
Attorney Koldys stated he has no idea what the rational was regarding those restrictions.
Alvin Youman spoke on the Aquifer by-law which has the restriction that states no major car repairs. Mr. Youman also stated that he spoke to the Building Inspector, and, he stated
he did not comment due to this application being an amendment.
Acting Chairman Medeiros asked Attorney Koldys if the property is being used as an automobile repair shop?
Attorney Koldys stated he wasn’t sure of the extent of the repairs that are being done, that they are doing wholesale auto dealership activities. Attorney Koldys then informed the Board
that there are tight tanks that services the garage operation; that is how they are dealing with the septic issue.
Discussion continued regarding the tight tank flow that is for the garage operation, and the time frame on when it is pumped out.
Acting Chairman Medeiros asked Halim Choubah if he has any idea why those specific restrictions were placed on this business/ location?
Regarding the tight tanks, Mr. Choubah believes (not 100%) sewer was not in the area, and was required to have a tight tank that has to be pumped regularly. Mr. Choubah then stated
he doesn’t see where there is an issue with lifting those conditions, but recommended to contact DPW (water & sewer department) to see if they could tie into the sewer. Mr. Choubah
stated he has no issue with the use; an auto repair business is an allowed use as of right in the General Business District.
The Board discussed that the only reason for having a tight tank would be if sewer is not available. Also, discussed was this having to do with plumbing and that the Board of Health
stated no permit or approval was required. Regarding the tight tank it is DEP’s jurisdiction .
Discussion continued regarding this being an allowed use, but because it is in an Aquifer District, they need a Special Permit to do extensive car repairs and in the prior decision it
was conditioned for minor repairs.
Mr. Koldys stated that there would only be minor repairs done at the location, brakes, starter replacement, tires, alternators etc., nothing major like replacing engines. The facility
is not equipped for major repairs.
Acting Chairman Medeiros stated, he has a concern regarding condition # 3 in the 1993-17 decision that states, “there shall be no subletting of any portion of the property.” Chairman
Medeiros stated that as of now, it appears that there is subletting between the owner and some other operator of the boat business, which is outside the realm of what was granted.
Also, the
Petitioner should probably amend their request to include paragraph 3. The discussion continued regarding subletting and agree that something has to be done with that paragraph and
should be amended.
Attorney Koldys stated, the current owner (Louis Properties) are involved in the boat and automobile business that is being operated at this location.
The Board had a discussion regarding continuing this hearing to get more information from the following:
Building Inspector, opinion on MDC trap tied into a tight tank;
DPW to see if there are available stubs for sewer for the buildings and MDC trap;
Conservation and or Board of Health to make them aware of MDC trap and if sewer is available.
Acting Chairman Medeiros asked for a motion to continue this hearing.
Robert Gardner, Jr. made the motion to continue Case 2020-16 to September 9, 2020. The motion was seconded by Alvin Youman and roll call vote: Alvin Youman-yes; Robert Gardner, Jr.-yes;
Michael Medeiros-yes. The motion passed unanimously.
7:18 P.M. Hearing adjourned
Michelle Vieira
Michelle Vieira, Principal Clerk
Zoning Board of Appeals
Date of approval: 11/4/2020