Decision-Special Permit
TOWN 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
DECISION: APPROVAL OF SPECIAL PERMIT
DATE OF HEARING: May 8, 2018
CASE: SPECIAL PERMIT
CASE NO: 2018-12
PETITIONER/APPLICANT: Panagakos Development
REPRESENTATIVE: Steve Gioiosa, SITEC, Inc
PROPERTY OWNER(S): Michael Panagakos
SUBJECT PROPERTY: 842 State Road
DISTRICT: General Business
Aquifer Protection
Map: 163 Lot: 14
BRISTOL COUNTY
REGISTRY OF DEEDS: Book: 11906 Page: 144
The Petitioner was seeking a Special Permit to redevelop the site from single family residential to a Commercial use consisting of a 740 sq. ft. building with associated parking and
utilities. (Section 20.700 Performance Standards: 20.702 A-G, 20.703, 20.704, 20.705, 20.706, 20.707, Section 20.602 A-H Requirements for Granting Special Permit)
PRESENT: The Board: Chairman Halim Choubah, P.E., Clerk Michael Medeiros, Esq., Robert Gardner Jr. and Alvin Youman
ASSOCIATE MEMBER(S): Dr. Rahim Aghai, Alvin Youman and Dr. Ralph Pollack
Zoning Staff Assistant/Principal Clerk: Michelle Vieira
DECISION
It was the unanimous decision of the Board of Appeals to GRANT the requested Special Permit to allow the Petitioner to redevelop the site from single family residential to a Commercial
Use consisting of a 740 sq. ft. building with associated parking and utilities.
The Board made findings:
The subject property is located at 842 State Road and is identified on Assessor’s Map 163 as Lot 14.
The property measures approximately 10,000 square feet and located within the 100 foot buffer of Bordering Vegetated Wetlands located to the west of the property.
The property is located in the General Business District and Aquifer Protection Overlay District III.
The Petitioner is Panagakos Development who owned the property since November 2016.
The property had a single residential dwelling with a garage and a paved driveway which were demolished in 2017. The previously existed dwelling is a non-conforming use in the General
Business District.
Based on existing conditions the parcel has 25% lot coverage which constitutes a non-conforming use due to the fact that it is over the 10% maximum lot coverage allowed in the Aquifer
Protection Overlay District with no recharge.
The Petitioner is seeking a Special Permit to redevelop the site from a single family residential to a commercial use consisting of a 740 square-foot building with associated parking
and utilities
The proposed commercial building and parking facility are allowed by right in the General Business District.
The proposed parking facility is subject to parking plan approval under Section 16 of the Zoning By-law. The site plan was approved by the Planning Board on May 7, 2018.
The proposed parking facility design complies with the applicable standards set forth in Section 16 Regulations.
The proposed development will result in 51% total lot coverage which is less than the 65% maximum coverage allowed in the General Business District.
Due to the location of the project in the Aquifer Protection Overlay District the project is subject to Section 20.601 of the Zoning By-Law which requires a Special Permit from the Zoning
Board of Appeals to increase lot coverage from 25% to 51%.
The applicant has demonstrated compliance with Performance Standards of Section 20.702 A through G.
The applicant has demonstrated compliance with Additional Performance Standards of Section 20.703 thru Section 20.707.
The applicant has demonstrated compliance with Special Permit Requirements of Section 20.602 A through H.
The storm water design system was reviewed by the Conservation Commissions Consultant who is a Massachusetts Registered Engineer.
THE BOARD’S APPROVAL SHALL BE SPECIFICALLY
CONDITIONED UPON COMPLIANCE WITH THE FOLLOWING:
The Petitioners are to secure all of the necessary permits and approvals from all applicable Boards and Agencies before a building permit is issued.
Plans of Record: Site Plan
RE: Site Layout, Site Grading, Site Utilities, Landscaping/Lighting Plan, Existing Conditions, Detail Sheet #1, #2, Proposed Floor Plan and Front Elevation
Prepared by: SITEC, Inc.
Prepared for: 842 State Road
Dated: March 1, 2018
Notice of Appellate Rights
No 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 Special Permit are not exercised within two years of the date of grant of such 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 two 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 two year period, such rights may be reestablished only after
notice and a new hearing pursuant to the provisions of Massachusetts General Laws Chapter 40A, Section 9.
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