Decision 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: April 10, 2018
CASE: VARIANCE
CASE NO: 2018-09
PETITIONER/APPLICANT: James M. & Christine A. Couto
PROPERTY OWNER: James M. & Christine A. Couto
SUBJECT PROPERTY: 129 State Road
DISTRICT: Single Residence A
Map: 169 Lot: 47
BRISTOL COUNTY
REGISTRY OF DEEDS: Book: 5913 Page: 92
ATTENDANCE
PRESENT: The Board: Chairman Halim Choubah P.E., Michael Medeiros, Esq., Clerk and Alvin Youman Esq.
ASSOCIATE BOARD MEMBERS: Dr. Rahim Aghai and Dr. Ralph Pollack
Zoning Staff Assistant/Principal Clerk: Michelle Vieira
BOARD MEMBERS ABSENT: Robert Gardner, Jr.
The Petitioner was seeking a VARIANCE to install a new driveway. (Section4A.407 Parking and Driveways)
DECISION
It was the unanimous decision of the Board of Appeals to GRANT the requested Variance to install a new driveway.
The Board determined the following:
The subject property located at 129 State Road is identified as Map 169 Lot 47 and measures approximately 10,400 square feet.
The property is located in the Single Residence A District.
This subject property is served by Town water and sewer.
The subject property is a corner lot with frontages on three streets, State Road (U.S. Route 6), Elizabeth Street and Robert Street.
Access to the subject property is from Elizabeth Street.
The Owner/Petitioner is seeking a Variance pursuant to Section 4A.407 to allow proposed driveway 34’ from intersection of State Road and Elizabeth Street where 55’ is required.
The plan was reviewed by Safety Officer Joseph Vieira from the Dartmouth Office of Traffic & Safety Crash Reconstruction Unit who raised several concerns regarding this proposed driveway.
Currently there is a multiple unit dwelling and a garage structure on the lot.
The house on the lot was built CA 1831, and is not located close to State Road similar to later homes, resulting house location creates hardship.
Subject property is a corner lot with limited area for new driveway for off-street parking.
Elizabeth Street is a one-way street with light traffic primarily generated by local residences and would allow safe egress from driveway at 34’ setback from State Road.
As a result of recent communication with Officer Vieira regarding his concerns, the Petitioner has agreed to abandon the curb cut immediately in front of the existing garage to accommodate
for additional street parking. In addition, the Petitioner agreed to remove the pavement and re-seed the area immediately in front of the existing one- story garage as shown on the
revised plans.
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 property at 129 State Road is a corner lot with frontages on three streets, State Road (U.S. Route 6), Elizabeth Street and Robert Street with multiple structures and limited area
for new driveway for off-street parking.
A literal enforcement of the provisions of the by-law would involve substantial hardship, financial or otherwise, to the petitioner.
Based on the shape of the lot and based on the location of the existing dwelling and the garage structures on the property, proposed driveway location is the only available space to
be placed. Denial or placement of the proposed driveway in a location other than what is shown on the plans presents substantial hardship to the Petitioner.
Desirable relief may be granted without detriment to the public good.
The Variance is to construct a driveway from Elizabeth Street which is a one-way street with light traffic primarily generated by local residences. The proposed driveway would be located
34’ from State Road where 55’ is required. Desirable relief may be granted without detriment to the public good.
(iv) The Variance will not nullify or substantially derogate from the intent or purpose of the by- law.
The Variance is to place a driveway off Elizabeth Street which is a one-way street with light traffic primarily generated by local residences. The proposed driveway would be located
34’ from State Road where 55’ is required. 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.
The Petitioner shall submit written confirmation from Safety Officer Joseph Vieira stating he is in support of the revised plan presented before the Zoning Board April10, 2018 prior
to receiving a building permit.
The Board approved revised plan referenced as:
Site Plan prepared by: Charon Associates, Inc.
Prepared for: James M. & Christine A. Couto
Dated: April 10, 2018
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