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: 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
ATTENDANCE
PRESENT: The Board: Chairman, Halim Choubah, P.E., Michael Medeiros, Esq., Clerk and Robert Gardner, Jr.
ASSOCIATE MEMBERS: Dr. Rahim Aghai and Alvin Youman, Esq.
Zoning Staff Assistant/Principal Clerk, Michelle Vieira
Also Present: Attorney Joseph L. Michaud, Owners Jim Chourinard and Kim Arruda and several interested persons
8:05P.M. Chairman Choubah opened the hearing
LEGAL AD: Notice is hereby given of a public hearing to be held on Tuesday, June 27, 2017 at 6:30 P.M. in Meeting Room 304, Town Hall, 400 Slocum Road, Dartmouth, MA on the petition
of Joseph L. Michaud who is seeking a Special Permit to expand a non-conforming use. The Petitioner is proposing 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. The remaining and pre-existing general store retail space will stay
as is. The property is located at 1228 Russells Mills Road in the Single Residence B District and identified
on Assessor’s Map 28 as Lot 75. Information is on file in the office of the Board of Appeals and may be seen upon request. (Section 3B.105)
ADVERTISED: The Notice for public hearing was published in The Dartmouth Chronicle on Wednesday, June 7, 2017 and Wednesday, June 14, 2017 and June 21, 2017.
ABUTTER’S LIST: Robert Gardner Jr. motioned to waive the reading of the abutter’s list, 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 30, 2017
Schedule of Departmental Payment of Fees To Collector’s Office
Legal Ad
Certified Abutter’s List
Vision Appraisal Card
GIS Map
Tax Collectors Form
Site Plan dated August 31, 2017 prepared by Site Design Engineering
Certificate of Action prepared by Planning Board dated September 27, 2016
Architectual Drawings prepared by Dewing Schmid Kearns, dated May 30, 2017
Chairman Choubah read into the record a letter from Planning Director, John P. Hansen, Jr. dated May 19, 2017 and comment from Christopher Michaud, Director of Public Health.
Chairman Choubah invited the Petitioner or representative to present the case.
Attorney Michaud stated that his clients Jim Chourinard and Kim Arruda are the new proprietors of Davolls General Store and are proposing to alter and reconfigure the structure using
the existing footprint. They have made improvements in the parking and have a plan for 24 parking spaces which has been approved by the Planning Board. Mr. Michaud continued by stating
that this structure has had contained mixed uses since October, 1993. The former owners, from the time they obtained the general store to conveying the property to my clients were
retailing goods prepared on the premises, some of which was consumed on the premises at seating provided, both inside and outside. The General Store also contained a grocery section,
a butcher shop, gifts, plants, books, antiques and memorabilia, clothing etc. It also served as a Post Office.
With the reconfiguration of the structure his clients will have a café selling sandwiches, coffee etc., a small area for a florist and will run the general store as it has been run
in the past. The space where the post office used to be will be reconfigured to increase the café space.
The single family residence and general store will continue to use the basement area for storage. The existing two car garage on the lower level will remain a garage.
Chairman Choubah invited any board members to ask questions.
Michael Medeiros asked how many parking spaces are there going to be?
After reviewing the plans, the plans show 18 parking spaces were approved by the Planning Board.
No further questions from the Board members.
Chairman Choubah invited public comments.
Kathleen Fentress who resides at 1157 Russells Mills Road, is in total support of this petition and stated what Jim Chourinard and Kim Arruda are doing is outstanding.
Roger and Gale Mandel who reside in 527 Barney’s Joy Road are in total support. Mr. Mandel stated he is a volunteer with the Newport Restoration Commission and stated that the work
that Jim Chourinard and Kim Arruda are doing and maintaining the historic quality of the building is extraordinary.
No further public comments.
The Board made findings which are listed in the Decision.
The Board made proposed conditions which are listed in the Decision.
Chairman Choubah 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 Michael Medeiros. The motion passed unanimously.
Michael Medeiros made the motion to approve the SPECIAL PERMIT Case # 2017-12 in accordance with the Board’s stated findings and proposed conditions. The motion was seconded by Robert
Gardner, Jr. The motion passed unanimously.
Chairman Choubah asked for a motion to close the hearing on this case.
Robert Gardner, Jr. made the motion to close the hearing on Special Permit Case #2017-12. The motion seconded by Michael Medeiros. The motion passed unanimously.
8:30 P.M. Hearing adjourned
Michelle Vieira
Zoning Staff Assistant/Principal Clerk
Zoning Board of Appeals
Date of approval: ________________