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: 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.
6:25 PM Acting Chairman Clerk Michael Medeiros, Esq. opened the hearing
LEGAL AD: Notice is hereby given of a public hearing to be held on Tuesday, November 20, 2018 at 6:00 P.M. in Meeting Room 304, Town Hall, 400 Slocum Road, Dartmouth, MA on the petition
of Clinton and Carol Aldrich who are seeking a Variance to raze the existing 128 year old dwelling and construct a new, similarly sized dwelling placed 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. The property is located at 19 Bay View Avenue in the Single
Residence District B and identified on Assessor’s Map 105 as Lot 40. Information is on file in the office of the Board of Appeals and may be seen upon request. (Section 4B.404 Setbacks)
ADVERTISED: The Notice for public hearing was published in The Dartmouth Chronicle on Wednesday, October 31, 2018 and Wednesday, November 7, 2018
ABUTTER’S LIST: Robert Gardner, Jr. 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 August 29, 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
Photos
2 letters in support of petition
Site Plan, Prime Engineering dated September 28, 2018
Architectural Drawings: Drawn by: MN, Dated: July 23, 2018
Acting Chairman Clerk Michael Medeiros invited the Petitioner or representative to present the case.
Richard Rheaume, Prime Engineering representing the Petitioners stated the proposal is to raze the existing 128 year old structure, install a four foot deep foundation and erect a new
dwelling with a 1166 sq. ft. footprint and a 7 foot wide front port. It is proposed to construct the dwelling with the same front yard setback as the current dwelling which would preserve
the ocean view and provide an adequate 52 foot deep back yard. The structure has been in existence prior to 1993. Currently the front yard setback is 20.1’ from Bayview Avenue, the
current zoning by-law requires a 30’ setback.
Acting Chairman Michael Medeiros questioned Mr. Rheaume about the issues with the joists.
Mr. Rheaume stated that the first floor is supported by undersized joists that are laid flat rather than vertically, thereby providing inferior support.
Acting Chairman Clerk Michael Medeiros invited Board members for questions.
Alvin Youman stated his concerns are that the building is being razed and not being put back on the same footprint and may need other variances.
Acting Chairman Clerk Michael Medeiros stated if a structure was in existence prior to October, 1993, the side yard requirements are reduced to 10’. The structure will be placed at
the same distance from the front lot line as the present structure, which means he is in compliance. Although the Petitioner is adding square footage to the rear, the setbacks meet
the zoning by-law requirements.
Acting Chairman Clerk Michael Medeiros invited public comments.
Several neighbors/abutters spoke in favor of this petition.
Acting Chairman, Clerk Michael Medeiros read into the record 2 letters from abutters stating they are in favor of this petition.
Acting Chairman, Clerk Michael Medeiros 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.
Acting Chairman, Clerk Michael Medeiros asked if there were any further questions/comments from the Board members or the public.
No further questions/comments.
Acting Chairman, Clerk Michael Medeiros asked for a motion to close the public hearing.
Robert Gardner, Jr. 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 2018-29 in accordance with the Board’s stated findings and proposed conditions. The motion was seconded by Robert Gardner,
Jr. The motion passed unanimously.
Acting Chairman Clerk Michael Medeiros asked for a motion to close the hearing on the case.
Alvin Youman made the motion to close the hearing on Variance Case 2018-29. The motion seconded by Robert Gardner, Jr. The motion passed unanimously.
6:35 P.M. Hearing adjourned
Michelle Vieira
Zoning Staff Assistant/Principal Clerk
Zoning Board of Appeals
Date of approval: ________________