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: June 27, 2017
CASE: SPECIAL PERMIT
CASE NO: 2017-12
PETITIONER/APPLICANT: Attorney Joseph L. Michaud
REPRESENTATIVE: Attorney Joseph L. Michaud
PROPERTY OWNER: Jim Chourinard and Kim Arruda
SUBJECT PROPERTY: 1228 Russells Mills Road
DISTRICT: Single Residence B
Map: 28 Lot: 75
BRISTOL COUNTY
REGISTRY OF DEEDS: Book: 11179 Page: 111
The Petitioner is seeking a Special Permit to remodel the general store space to relocate the food preparation area and to provide twenty seats for an on premises café. The existing
restroom and kitchen will be relocated and the remaining and pre-existing general store retail space will stay as is. The Special Permit is pursuant to Section 3B.105 Expansion or Change
of Non-Conforming Uses Other Than One or Two Family Residential Uses.
PRESENT: The Board: Chairman Halim Choubah , Clerk Michael Medeiros and Robert Gardner Jr.
ASSOCIATE MEMBERS: Dr. Rahim Aghai, and AlvinYouman, Esq.
Zoning Staff Assistant/Principal Clerk: Michelle Vieira
ALSO PRESENT: Attorney Joseph L. Michaud, Property Owners Jim Chourinard and Kim Arruda and several Abutters.
DECISION
It was the unanimous decision of the Board of Appeals to GRANT the requested Special Permit to allow the Petitioner to remodel the general store space to relocate the food preparation
area
and to provide twenty seats for an on premises café. The existing restroom and kitchen will be relocated and the remaining and pre-existing general store retail space will stay as is.
The Board made findings:
The locus property at 1228 Russells Mills Road is identified on Map 28 Lot 75 and is located in the Single Residence B.
Jim Chourinard and Kim Arruda have owned the property since June 2016.
The property is in the Single Residence B zoning district and there are mixed uses currently being held within the structure which currently exists on the property.
The structure containing the mixed uses was in existence prior to October 26, 1993. Assessors’ records indicate this structure was built in 1880.
The existing uses are a single-family residence and a general store. The single-family two story residence, its garage and basement storage area as constructed are allowed in a Single
Residence B District as a pre-existing non-conforming structure.
The business known as Davoll’s General Store is within the same overall structure and has been in operation as a general store selling groceries, prepared foods, clothing, hardware and
other sundries for several decades. The store is listed on the National Register of Historic Places as a contributing building in the Russells Mills Historic District.
Petitioners seek to remodel the general store space to relocate the food preparation area and to provide twenty seats for an on premises café. The existing restroom and kitchen will
be relocated and the remaining pre-existing general store retail space will remain as is.
A site plan with sufficient parking spaces for the existing and proposed expanded use has been approved by the Planning Board.
The Board finds the change of use is in harmony with the surroundings and is less intense than what previously existed on that site.
10. The Board finds that the relocation of the food preparation area, restroom and kitchen and the renovation to accommodate a 20 person café area does create an extension of
a pre-existing non-conforming use.
11. The Board after hearing all parties and concerned residents finds that the alteration and extension to the pre-existing non-conforming uses is not more detrimental to the neighborhood
then the existing non-conforming us.
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 Layout
Prepared by: Site Design Engineering, LLC
Dated: August 31, 2016
Prepared for: James L. Chouinard & Kim Arruda
Architectual Drawings: A.1.1, A.2.1, A.2.2, A.2.3, A.2.4
Prepared by: Dewing Schmid Kearns, Architects +Planners
Dated: May 30, 2017
Prepared for: 1228 Russells Mills Road (James L. Chouinard & Kim Arruda)
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