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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: November 20, 2018 CASE: VARIANCE CASE NO: 2018-29 PETITIONER/APPLICANT: Clinton and Carol Aldrich PROPERTY OWNER: Clinton and Carol Aldrich SUBJECT PROPERTY: 19 Bay View Avenue DISTRICT: Single Residence B Map: 105 Lot: 40 BRISTOL COUNTY REGISTRY OF DEEDS: Book: 12167 Page: 29 ATTENDANCE PRESENT: The Board: Acting Chairman,Clerk Michael Medeiros, Esq. Robert Gardner, Jr. and Alvin Youman Esq. ASSOCIATE BOARD MEMBERS: Dr. Rahim Aghai and Dr. Ralph Pollack Zoning Staff Assistant/Principal Clerk: Michelle Vieira BOARD MEMBER(S) ABSENT: Halim Choubah P.E. The Petitioner was seeking a VARIANCE to raze the existing 128 year old dwelling and construct a new, similarly sized dwelling place in the same location with the same front yard setback. Relief from the required 30’ front yard setback to a 20.1’ front yard setback is being proposed. (Section 4B.404 Setbacks) DECISION It was the unanimous decision of the Board of Appeals to GRANT the requested Variance to raze the existing 128 year old dwelling and construct a new, similarly sized dwelling in the same location with the same front yard setback. The Board determined the following: The subject property is located at 19 Bayview Avenue and has been owned by Clinton and Carol Aldrich since 2017 and is located in the Single Residence B District. It is identified on Assessor’s Map: 105 Lot: 40. The Petitioners seek to raze the existing two-story dwelling and construct a new two-story house. The existing dwelling stands 20.1 feet from the front lot line and consists of wood frame construction which is in significant need of repair. Presently, the structure has an 822 square foot footprint and a total of 1908 square feet of total area between both floors. The proposed structure will be 20.1 feet from the front lot line and will have a footprint of 1,166 square feet with a 7’ wide front porch. The Petitioners has considered remodeling/repairing the existing structure; however, given the condition of the structure and the outdated electrical and plumbing system it is not economically feasible to remodel the home in its present condition. The Petitioners have represented that economically it is best to raze the structure and build a new home in accordance with the plans submitted. 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 location of the existing dwelling for more than 128 years in relation to the lot and proximity to the ocean creates a circumstance that especially affects the subject property and does not generally affect the zoning district in which the property is located. A literal enforcement of the provisions of the by-law would involve substantial hardship, financial or otherwise, to the petitioner. The Petitioner seeks the continued enjoyment of a water view from the front porch. The Petitioners are otherwise allowed to remodel/repair the structure upon the existing footprint as a matter of right. The option of rebuilding is much more costly and would impose a significant hardship upon the Petitioner. Desirable relief may be granted without detriment to the public good. The new proposed structure can be erected upon relatively the same footprint without causing detriment to the public good. (iv) The Variance will not nullify or substantially derogate from the intent or purpose of the by- law. The new proposed structure will be constructed at the same distance from the front lot line as the existing structure. Both dwellings bounding to the east and west are closer to the front lot line than the proposed dwelling. 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 Board approved plan referenced as: Site Plan prepared by: Prime Engineering, Inc. Prepared for: Clinton & Carol Aldrich 19 Bayview Avenue Dated: October 5, 2018 Artchitectual Drawings: Elevations A-1, Floor Plans A-2, Building Section A and Details A-3, Building Section B Foundation Plan A-4 Drawn by: MN Dated: July 23, 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: ________________________________________ Acting Chairman, Clerk Michael Medeiros, Esq.