minutes 10-7-2020TOWN 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: October 7, 2020
CASE: Amendment Special Permit/Variance
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, Halim Choubah, P.E.-present Alvin Youman, Esq.-present
BOARD MEMBERS: Dr. Rahim Aghai-present
Zoning Staff Assistant/Principal Clerk Michelle Vieira
MEMBER(s) ABSENT: Robert Gardner, Jr.
7:41 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
Continuance Forms Time-stamped September 15, 2020
Acting Chairman Michael Medeiros gave a brief summary on this case.
Acting Chairman Medeiros invited the Petitioner or representative to present the case.
Attorney Greg Kolyds representing the Petitioner, Ralph’s Auto Center began by answering the questions the Board had at the previous hearing. One question was the amount of bathrooms;
there is a bathroom in each of the 2 buildings. Each one drains into its own septic system. The tight tank regarding the garage trap is alarmed, if the board requires an inspection,
it will be done. Mr. Kolyds stated tying into sewer, reviewing the plans from the town, the sewer runs down Reed Road the tie in is on route 6, there is no tie in on Reed Road. The
difficulties to tie in is not only the cost, but having to get permits from the state and with excavating in that area will bring up 21 E issues due to an old prior gas station being
there years ago.
Acting Chairman Medeiros asked Attorney Koldys if he knew how long ago the septic systems were installed.
Attorney Koldys wasn’t sure, but believes they were done by SITEC, Engineering and there hasn’t been any issues regarding the operation.
Acting Chairman Medeiros referred to the letter dated May 2002, which was sent to Plat (Map) 163 Lot 30 addressed to 814 State Road, sent by the Board of Health mandating tying into
the municipal sewer system. Also, if the system did pass Title 5 requirements then a variance could be given from that tie in requirement.
Attorney Kolyds stated that although it has the same plat and map number it was addressed to a different property related to a house that was on that property a long time ago and has
since been razed. Attorney Koldys stated no further notification has come forward as far as he knows requiring tying into the sewer.
Acting Chairman Medeiros invited any board members to ask questions.
Discussion ensued regarding the bathrooms and being connected to a tight tank being pumped and the fact that an alarm is installed. The board has no concerns as long as there is a condition
in place that the MDC trap is functional and maintained. Also, if the MDC trap was connected to both buildings, which is only for the garage building where the repairs will be done.
Acting Chairman Michael Medeiros invited public comments.
No comments from the public.
The Board made findings which are listed in the Decision.
The Board made proposed conditions which are listed in the Decision.
Acting Chairman Michael Medeiros asked for a motion to close the public hearing.
Alvin Youman made the motion to close the public hearing. The motion was seconded by Halim Choubah and roll call vote: Halim Choubah-yes; Alvin Youman-yes; Michael Medeiros-yes. The
motion passed unanimously.
Alvin Youman made the motion to approve the AMENDMENT CASE 2020-16 to amend the decisions of Amendment Special Permit/Variance Cases 1993-17 & 1995-3 in accordance with the Board’s stated
findings and proposed conditions. The motion was seconded by Halim Choubah and roll call vote: Alvin Youman-yes; Halim Choubah-yes; Michael Medeiros-yes. The motion passed unanimously.
Acting Chairman Michael Medeiros asked for a motion to close the hearing on Amendment Special Permit/Variance Case 2020-16.
Alvin Youman made the motion to close the hearing on Case 2020-16. The motion was seconded by Halim Choubah and roll call vote: Alvin Youman-yes; Halim Choubah-yes; Michael Medeiros-yes.
The motion passed unanimously.
8:02 P.M. Hearing adjourned
Michelle Vieira
Michelle Vieira, Principal Clerk
Zoning Board of Appeals
Date of approval: ________________