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
HEARING DATE: August 8, 2017
CASE: SPECIAL PERMIT
CASE NO: 2017-16
PETITIONER/APPLICANT: Abbott Amaral Nominee Trust
REPRESENTATIVE: Richard J. Rheaume
PROPERTY OWNER: Abbott Amaral Nominee Trust
SUBJECT PROPERTY: 121 William Street
DISTRICT: General Residence
Map: 124 Lot: 20
BRISTOL COUNTY
REGISTRY OF DEEDS: Book: 11907 Page: 176
The Petitioner is seeking a Special Permit to raise the existing dwelling 5 feet in order to make it less vulnerable to flood events. The Special Permit is pursuant to Section (Section
3B.202 Expansion of Non-Conforming One or Two Family Structures.
PRESENT: The Board: Chairman Halim Choubah, P.E., Michael Medeiros, Esq. and Robert Gardner Jr.
ASSOCIATE MEMBERS: Dr. Rahim Aghai, and Alvin Youman, Esq.
Zoning Staff Assistant/Principal Clerk: Michelle Vieira
ALSO PRESENT: Richard Rheaume, Engineer, Greg Jones, Architect and Eileen Jacobs, Abutter
DECISION
It was the unanimous decision of the Board of Appeals to GRANT the requested Special Permit to allow the Petitioner to raise the existing dwelling 5 feet in order to make it less vulnerable
to flood events.
The Board made findings:
Locus property is located at 121 William Street and identified as Map 124, Lot 20
The subject Property is located in the General Residence District and falls within FEMA Velocity Zone with Flood Elevation of 21.0’ MSL (Mean Sea Level).
Bruce Abbot and Vera Amaral-Abbot Trustee have owned the property since November 2016.
The existing dwelling which is located in the central portion of the property and 9.8 feet away from the westerly lot line.
The northern portion of the dwelling is supported by a concrete foundation wall 4’ below grade. The southern portion of the building is supported by a concrete block foundation which
is not in compliance with current building codes.
The Petitioners/Owners are seeking a Special Permit pursuant to 3B.202 to raise the dwelling 5 feet in order to make the dwelling less vulnerable to flood events and to bring the foundation
closer to meeting current building codes.
The Petitioners/Owners are proposing to reconstruct/replace the existing foundation with a modified and improved foundation structure with crawl space and flood vents. With the new foundation
structure the first floor elevation would be raised by 5 feet from 9.44 feet above mean sea level to at 14.44 feet above mean sea level.
Raising the height of the foundation structure would raise the first floor living space by 5 feet which will improve safety and lessen flood damages to the structure in case of flood
events.
The overall height of the building would be 26’10” below the 35’ allowed height in the General Residence District.
The proposed expansion of the non-conforming dwelling will not be more detrimental to the neighborhood than the existing dwelling.
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
Prepared by: Prime Engineering
Prepared for: Abbott Amaral Nominee Trust
Dated: April 19, 2017
Architectural Drawing:
Prepared by: Gregory Jones-Architect
Prepared for: Abbott Amaral Nominee Trust
Dated: June 9, 2017
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