Minutes -VARIANCETOWN 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: September 10, 2019
CASE: VARIANCE
CASE NO: 2019-10
PETITIONER/APPLICANT: Jennifer Crowell
PROPERTY OWNER: Jennifer Crowell
SUBJECT PROPERTY: 396 Reed Road
DISTRICT: General Business, Zone III Aquifer
Map: 47 Lot: 1
BRISTOL COUNTY
REGISTRY OF DEEDS: Book: 12439 Page: 297
ATTENDANCE
PRESENT: The Board: Chairman Halim Choubah P.E., Clerk Michael Medeiros, Esq. and Alvin Youman Esq.
ASSOCIATE BOARD MEMBERS: Dr. Rahim Aghai
Zoning Staff Assistant/Principal Clerk: Michelle Vieira
BOARD MEMBER (S) ABSENT: Robert Gardner, Jr. and Dr. Ralph Pollack
Also Present: Richard Rheaume, Prime Engineering, Jennifer Crowell, Petitioner and other interested parties.
6:05 PM Chairman Halim Choubah, P.E., opened the hearing
LEGAL AD: Notice is hereby given of a public hearing to be held on Tuesday, September 10, 2019 at 6:00 P.M. in Meeting Room 304, Town Hall, 400 Slocum Road, Dartmouth, MA on the petition
of Jennifer Crowell who is seeking a Variance to install a swimming pool 7.8’ from the right of way line where 40’ is required and 27.1’ from the Single Residence C Zoning District
where 50’ is required. The property is located at 396 Reed Road in the General Business District and Zone III of the Aquifer Protection District and identified on Assessor’s Map 47
as Lot 1. Information is on file in the office of the Board of Appeals and may be seen upon request. (Article 18, Section 375-18.4 (C) Development Standards) (Article 33, Section
375-33.2 Minimum Setback Dimensions)
ADVERTISED: The Notice for public hearing was published in The Dartmouth Chronicle on Wednesday, August 21, 2019 and Wednesday, August 28, 2019.
ABUTTER’S LIST: Michael Medeiros motioned to waive the reading of the abutter’s list into the record. The motion was seconded by Alvin Youman. 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 19, 2019
Schedule of Departmental Payment of Fees To Collector’s Office
Legal Ad
Certified Abutter’s List
Vision Appraisal Card
GIS Map
Tax Collectors form
Building Inspector letter dated June 19, 2019
Planning Board letter dated September 4, 2019
Previous Special Permit decision date October 30, 2017
Site Plan prepared by Prime Engineering, dated May 30. 2019
Chairman Choubah read into the record the letters from the Building Commissioner, Planning Director and comments from Board of Health and Conservation.
Chairman Choubah invited the Petitioner or representative to present the case.
Richard Rheaume, Prime Engineering began by stating that this lot is zoned General Business, but abuts Residence C to the south and west, and Residence B to the north and east. It is
the only lot in the General Business District which is unique, and is only 65’ wide. The proposal is to install a 16’ x 32’ in ground swimming pool. Mr. Rheaume continued by stating
the hardship is that the lot is only 65’ wide, and due to the unique shape, the required front yard setback of 40’ and the rear yard setback of 50’cannot be met. Also, the proposed
placement of the pool is the only location it can be placed to meet the minimum setbacks from the septic system. Allowing the pool to be 7.8’ off the front property line would not
impact any abutting residences. Whereas this lot is zoned General Business, the swimming pool would provide adequate buffer to abutters.
Chairman Choubah invited Board members for questions.
The Board questioned how/why this lot is the only residential lot zoned General Business. The town zoned from Route 6 to Reed Road as business, with this lot being included.
No further questions from the Board members.
Chairman Choubah invited public comments.
Attorney Paul Lawson representing abutters, stated the concerns regarding the driveway that has been paved over and what impact it would have on the run-off which is causing damage.
Jordan Paiva an abutter stated his home is directly behind where the pool will be located. There is a slope and when it rains, snows, the water runs down into his backyard and other
neighbors from the Petitioners yard.
After further discussion, it was stated that the run-off has nothing to do with the Petitioners property. It was suggested by Mr. Rheaume, that DPW be notified and to inquire if a
berm could be put on Reed Road so the Reed Road run-off won’t run into the Petitioners yard down to the abutter’s property.
Chairman Choubah stated installing the pool has nothing to do with the run-off, that what is being proposed will help with the run-off the abutters are having.
Amy Case one of the owners of the property explained the problems they had when they purchased the property and what has been done and what will be done to rectify these problems.
Chairman Choubah invited further public comments, no further comments.
The Board made findings which are listed in the Decision.
The Board made proposed conditions which are listed in the Decision.
Chairman Choubah asked if there were any further questions/comments from the Board members or the public.
No further questions/comments.
Chairman Choubah asked for a motion to close the public hearing.
Michael Medeiros made the motion to close the public hearing. The motion was seconded by Alvin Youman. The motion passed unanimously.
Alvin Youman made the motion to approve the VARIANCE Case 2019-10 in accordance with the Board’s stated findings and proposed conditions. The motion was seconded by Michael Medeiros.
The motion passed unanimously.
Chairman Choubah asked for a motion to close the public hearing on the case.
Michael Medeiros made the motion to close the public hearing on Variance Case 2019-10. The motion seconded by Alvin Youman. The motion passed unanimously.
6:55 P.M. Hearing adjourned
Michelle Vieira
Zoning Staff Assistant/Principal Clerk
Zoning Board of Appeals
Date of approval: ________________