Minutes -VARIANCE
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
MINUTES
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.
ALSO PRESENT: Rick Charon, Charon Associates, Inc. and Mr. & Mrs. Couto, Petitioners
6:25 PM Chairman Choubah opened the hearing
LEGAL AD: Notice is hereby given of a public hearing to be held on Tuesday, April 10, 2018 at 6:00 P.M. in Meeting Room 304, Town Hall, 400 Slocum Road, Dartmouth, MA on the petition
of James M. and Christine Couto who are seeking a Variance to install a new driveway. The property is located at 129 State Road in the Single Residence A District and identified on
Assessor’s Map 169 as Lot 47. Information is on file in the office of the Board of Appeals and may be seen upon request. (Section 4A.407 Parking and Driveways)
ADVERTISED: The Notice for public hearing was published in The Dartmouth Chronicle on Wednesday, March 21, 2018, and Wednesday, March 28, 2018.
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 February 18, 2018
Schedule of Departmental Payment of Fees To Collector’s Office
Legal Ad
Certified Abutter’s List
Vision Appraisal Card
GIS Map
Tax Collectors form
Letter from Safety Officer dated February 14, 2018
Site Plan dated February 8, 2018 by Charon Associates, Inc.
Revised Site Plan dated April 10, 2018 by Charon Associates, Inc.
Chairman Choubah invited the Petitioner or representative to present the case.
Rick Charon, Engineer, stated that the Petitioner is requesting a Variance to allow the proposed driveway 34’ from the intersection of State Road and Elizabeth Street where 55’ is required.
The initial proposal was to install a driveway in front of the house. Mr. Charron stated that he had spoken to Safety Officer Joseph Vieira regarding his concerns on where the driveway
was going to be installed. One of Officer Vieira’s concerns is the lack of parking on Elizabeth Street and with the initial proposal would reduce the parking even more. As a result
of conversation with Office Vieira, the Petitioner agreed to eliminate the curb cut immediately in front of the existing garage to accommodate for additional street parking. Also,
the Petitioner will remove the pavement and re-seed the area in front of the existing one-story garage shown on the revised plans submitted. The revised plan show the driveway being
installed 34’ from State Road where 55’ is required. This will provide 2 more parking spaces which the Petitioners will use.
Chairman Choubah invited Board members for questions.
Michael Medeiros, asked Mr. Charon if the existing garage housed automobiles, and would he petition DPW to have that curb cut removed?
Mr. Charon stated that the existing garage is used for storage only and there isn’t a curb in that area. There is curb to one side of it, then stops. The proposal is to remove that
strip between the edge of the roadway and the property line and seed it so there will be a grass strip.
The Board discussed the additional parking stating that Elizabeth Street is not a heavy traveled street and also it’s a one-way. Also, discussed was the fact that Mr. Charon spoke to
Officer Vieira earlier and he is in support of this petition with the revisions. The Board will list a condition stating, a written confirmation from Officer Vieira stating he supports
the revised plans will need to be submitted to the Zoning Board of Appeals in order to obtain a building permit.
No further questions from the Board members.
Chairman Choubah 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.
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.
Michael Medeiros made the motion to approve the VARIANCE Case #2018-09 in accordance with the Board’s stated findings and proposed conditions. The motion was seconded by Alvin Youman.
The motion passed unanimously.
Michael Medeiros made the motion to close the hearing on Variance Case #2018-09. The motion was seconded by Alvin Youman. The motion passed unanimously.
7:45 P.M. Hearing adjourned
Michelle Vieira
Zoning Staff Assistant/Principal Clerk
Zoning Board of Appeals
Date of approval: ________________