Minutes-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
MINUTES
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
PRESENT: The Board Chairman, Halim Choubah, P.E., Clerk, Michael Medeiros, Esq., and Robert Gardner, Jr., Member
ASSOCIATE BOARD MEMBERS: Dr. Rahim Aghai and Alvin Youman, Esq.
Zoning Staff Assistant/Principal Clerk: Michelle Vieira
MEMBER(s) ABSENT: Dr. Rahim Aghai
ALSO PRESENT: Richard Rheaume, Prime Engineer, Greg Jones, Architect, and Eileen Jacobs, Abutter
6:30 P.M. Chairman Choubah opened the hearing
LEGAL AD: Notice is hereby given of a public hearing to be held on Tuesday, August 8, 2017 at 6:30 P.M. in Meeting Room 304, Town Hall, 400 Slocum Road, Dartmouth, MA on the petition
of Abbott Amaral, Nominee Trust who is seeking a Special Permit to raise the existing dwelling 5 feet in order to make it less vulnerable to flood events. The property is located at
121 William Street in the General Residence District and identified on Assessor’s Map 124 as Lot 20. Information is on file in the office of the Board of Appeals and may be seen upon
request. (Section 3B.202 Expansion of Non-Conforming One or Two Family Structures)
ADVERTISED: The Notice for public hearing was published in The Dartmouth Chronicle on Wednesday, July 19, 2017 and Wednesday, July 26, 2017.
ABUTTER’S LIST: Robert Gardner Jr. motioned to waive the reading of the abutter’s list. The motion was seconded by Michael Medeiros. Motion passed unanimously. A certified abutter’s
list is available for review in the office of the Zoning Board of Appeals.
DOCUMENTS ON FILE
Special Permit application time stamped with the Town Clerk on June 16, 2017
Schedule of Departmental Payment of Fees To Collector’s Office
Legal Ad
Certified Abutter’s List
Vision Appraisal Card
Tax Collectors Form
Photos
Site Plan prepared by Prime Engineering dated April 19, 2017
Architectural Drawing prepared by Gregory Jones, Architect dated June 9, 2017
Chairman Choubah invited the Petitioner or representative to present the case.
Richard Rheaume, Prime Engineering stated that the same footprint will be utilized and the only difference would be adding on a porch and will be raising the structure 5’. The existing
foundation is 9.8’ from the property line where 10 feet is required. A Special Permit is required to expand vertically. The existing basement will be filled in; flood vents will be
installed in the foundation.
Michael Medeiros asked if the portion of the structure that is not being changed, does it have a basement area?
Mr. Rheaume responded by stating that is does have a basement area at an elevation of 2’ and will be filled to an elevation of 8.86’, a crawl space with a vermin slab which is less vulnerable
for flood damage and also there will be pillars that the flood water can flow free.
Michael Medeiros then asked if there will be a crawl space under the area that is being constructed and will it have the same elevation.
Richard Rheaume answered yes with the same elevation of 8.86’.
There was discussion among the Board Members regarding if this petition should be a Variance. Halim Choubah stated he spoke to the Paul Murphy, Director of Inspectional Services and
that under the current zoning by-law you can expand an existing non-confirming structure by Special Permit.
Chairman Choubah wanted to clarify that the existing house was just being raised up.
Richard Rheaume stated that the contractor was going to move/slide the house off the foundation, do the construction work then move/slide the house back.
Chairman Choubah stated that the porch addition is on the south side and was going to be 9.8’ from the westerly property line.
Greg Jones, Architect stated the garage has been demolished and the Petitioner may choose to construct a new garage at a later time.
Dr. Rahim Aghai asked about the parking.
Richard Rheaume answered that by law, they have to have two (2) parking spaces on the
property.
Chairman Choubah invited any board members to ask further questions.
No further questions from the Board members.
Chairman Choubah invited public comments.
Eileen Jacobs an Abutter stated her home is on the side where the addition (porch) will be constructed and that she and her husband are in favor of this petition.
No further comments from the public.
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 Robert Gardner, Jr. The motion passed unanimously.
Michael Medeiros made the motion to approve the Special Permit Case # 2017-16. The motion was seconded by Robert Gardner, Jr. The motion passed unanimously.
Chairman Choubah asked for a motion to close the hearing.
Michael Medeiros made the motion to close the hearing on Special Permit Case # 2017-16. The motion seconded by Robert Gardner, Jr. The motion passed unanimously.
6:50 P.M. Hearing adjourned
Michelle Vieira
Zoning Staff Assistant/Principal Clerk
Zoning Board of Appeals
Date of approval: ________________