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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: August 20, 2019 CASE: VARIANCE CASE NO: 2019-09 PETITIONER/APPLICANT: MIH1, LLC c/o Christian A. Farland PROPERTY OWNER: MIH1, LLC c/o Christian A. Farland SUBJECT PROPERTY: 21 Ventura Drive DISTRICT: Limited Industrial Map: 63 Lot: 11-12 BRISTOL COUNTY REGISTRY OF DEEDS: Book: 12761 Page: 1 ATTENDANCE PRESENT: The Board: Chairman Halim Choubah P.E., Clerk Michael Medeiros, Esq. and Robert Gardner, Jr. ASSOCIATE BOARD MEMBERS: Dr. Rahim Aghai, Alvin Youman, Esq. and Dr. Ralph Pollack Zoning Staff Assistant/Principal Clerk: Michelle Vieira Also Present: Attorney John Markey, Architect, Jack Tabares, Farland Corporation and Attorney Gregg Koldys DECISION It was the unanimous decision of the Board of Appeals to GRANT the requested Variance from Article 24, Site Plan Review whereas the Petitioner is not able to meet the parking and layout requirements. The existing parking lot limits will remain as is, but improvements will be updated to the pedestrian and vehicular circulation and landscaping. Also, the Petitioner will be making interior renovations consisting of 3,778 square feet into a dance studio, 6250 square feet renovations of office space and maintain 3,845 square feet of warehouse space. The Board determined the following: The subject property is located at 21 Ventura Drive in the Limited Industrial District. It is identified on Assessor’s Map 63 as Lots 11 and 12 and measures approximately 1.04 Acres. The property is currently developed with an approximately 14,000 square foot building and associated parking facility. The property was originally developed approximately 30 years ago and had operated as a warehouse facility with an office. MIH1 LLC, has owned the property since April, 2019. The Applicant is proposing interior renovations consisting of 3,778 square feet into a dance studio, 6,250 square feet of office space and 3,845 square feet of warehouse space within the existing building. There will be no increase to the existing building foot-print. The existing parking lot limits will remain as is. There will be improvements to the pedestrian and vehicular circulation and landscaping as shown on the submitted plans. The Applicant is seeking relief/variance from Article 24 “Site Plan Review” of the Zoning By-law for the following site improvements: Section 375 - Article 24.3 Section D (1) – Parking Space Width Section 375 - Article 24.3 D (5) – Parking End Stalls Section 375 - Article 24.3 I (7) - Outdoor Seating Area Section 375 - Article 24.3 J - Bicycle Parking Requirements Section 375 - Article 24.4 B (1) - Landscape Islands Section 375 - Article 24.4 D (5) - Building Plantings Section 375 - Article 24.5 D - Drainage Calculation Due to the fact that the site was developed prior to Article 24 being enacted, the shape of the lot, topography and soils conditions, location and size of the existing building and the size of the non-conforming parking facility limit the Owner’s ability to fully comply with the provisions of this Article of the By-law. The Applicant has proposed significant improvements to the parking layout which meet many of the new design standards. With the proposed site improvements, the applicant is proposing 24 parking spaces where 44 parking spaces are required. The proposed uses parking demand is at different times. The office business hours are Monday-Friday 8 a.m. to 5 p.m. and the dance studio business hours are Monday-Friday from 4 p.m. to 9 p.m. and from 8 a.m. to 6 p.m. on weekends. There will be suitable on-site parking for each of the uses during their business hours. New parking layout, landscape islands, pavement markings and signage would improve traffic and pedestrian circulation and enhance safety on site. There will be no changes to the existing storm water system and there will be no increase in runoff or impervious surfaces. To the contrary, runoff from the site would be reduced by adding landscape islands as shown on the submitted site plans. Proposed site improvements including new parking layout, landscape islands, pavement markings and signage would improve traffic and pedestrian circulation, would enhance safety on site and would bring the existing non-conforming parking facility to be more compliant with Article 24 of the Zoning Bylaw. 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 drainage swale to the east of the property has been topographically designed to convey storm water to the north. Due to the unique conditions, the soil ditch depression conveyance channel to the east, the location and size of existing building and parking facility all those impact the ability of the site to comply with Article 24 requirements. A literal enforcement of the provisions of the by-law would involve substantial hardship, financial or otherwise, to the petitioner. Compliance with Article 24 would limit the number of spaces that could be developed and would ultimately limit the use of the existing building and would create a hardship to the owner. Desirable relief may be granted without detriment to the public good. Proposed site improvements including new parking layout, pavement markings, signage, landscape islands would enhance safety and would bring the existing non-conforming parking facility to be more compliant with Article 24 of the Zoning Bylaws. Desirable 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. Proposed site improvements including new parking layout, pavement markings, signage, landscape islands would enhance safety and would bring the existing non-conforming parking facility to be more compliant with Article 24 of the Zoning Bylaw. 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. Any changes to building use, would require Zoning Board of Appeals approval. The Board approved plan referenced as: Site Plan – 1 of 3 pages Prepared by: Farland Corp. Prepared for: 21 Ventura Drive Dated: July 15, 2019 Revised Scheme: Prepare by: South Coast & Associates Inc. Prepared for: Farland Corp., 21 Ventura Drive Dated: March 8, 2019 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