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Decision-GRANT-VarianceTOWN OF DARTMOUTH Office of the Zoning Board of Appeals 400 Slocum Road, Town Office Building, Dartmouth, MA 02747 Tel. No. 508-910-1868  Board Members Halim Choubah, P.E., Chairman Michael Medeiros, Esq., Clerk Robert Gardner, Jr., Member DECISION: APPROVAL OF VARIANCE HEARING DATE: September 5, 2017 CASE: VARIANCE CASE NO: 2017-11 PETITIONER/APPLICANT: Joseph L. Michaud PROPERTY OWNER: Ryan W. Bone SUBJECT PROPERTY: 57 Lakeside Avenue DISTRICT: Single Residence B and Aquifer Zone III Map: 186 Lot: 26 BRISTOL COUNTY REGISTRY OF DEEDS: Book: 8585 Page: 238 The Petitioner was seeking a VARIANCE to subdivide an existing lot into two separate lots. The property is located on 57 Lakeside Avenue in the Single Residence B and Aquifer Zone III District and identified on Assessor’s Map 186 as Lot 26. Information is on file in the office of the Board of Appeals and may be seen upon request. (Section 4B.400) ATTENDANCE PRESENT: The Board: Chairman Halim Choubah P.E., Michael Medeiros, Esq., Clerk and Robert Gardner, Jr., Member ASSOCIATE BOARD MEMBERS: Dr. Rahim Aghai and Alvin Youman Esq. Zoning Staff Assistant/Principal Clerk: Michelle Vieira ALSO PRESENT: Attorney Joseph L. Michaud and Property Owner Ryan W. Bone and several interest parties. DECISION It was the unanimous decision of the Board of Appeals to GRANT the requested Variance to the Petitioner to subdivide an existing lot into two separate lots. The Board determined the following: The subject property is located at 57 Lakeside Avenue and identified on Map 186 as Lot 26. The subject property is a non-conforming parcel located in the Single Residence B. District. It measures approximately 5,000 square feet where 80,000 square feet is required by current zoning bylaws. The subject property has been owned by Ryan Bone since March 2007 according to the Assessor’s records. There are two separate existing non-conforming residential dwellings located on the lot prior to April 7, 1953. Both of the existing non-conforming structures do not meet the current front, side and rear setbacks requirements of the zoning bylaws. The Planning Board recently approved an Approval Not Required “ANR” Plan to divide the subject property into two lots since the two housed which exist on the property pre-date the Subdivision Control Law. Most of the existing surrounding residential dwellings in the area are single family homes located on similar comparable size lots. There will be no changes to the appearance or use of the existing dwellings on the property or their relation to abutting parcels. The Petitioner/Applicant on behalf of the Owner of the property Ryan Bone, is seeking a Variance from the requirements of Section 4B.400 of the Dartmouth Zoning Bylaws with regards to area, frontage and setback requirements to subdivide the existing non-conforming lot into two lots in order to separate the two existing residential dwellings. The subdivision of the 5,000 square foot parcel would create two smaller non-conforming lots. One parcel would be 1589 square feet in size where 80,000 square feet is required with 28.52 feet of frontage where 150 feet is required. The other parcel would be 3,411 square feet in size where 80,000 square feet is required with 21.48 feet of frontage where 150 feet is required. Both newly created lots would not meet front, sides and rear setbacks. There will be no increase to the density or additional strain placed on existing town utilities and services. The requested Variance meets the statutory requirements for granting a Variance pursuant to Massachusetts General Laws Chapter 40A §10: There are circumstances related to soils, shape and topography that especially affect the subject property that do not generally affect the zoning district in which the structure or land is located. The two residential structures on the parcel existed prior to the adoption of zoning bylaws and pre-date the Subdivision Control Law. The presence of the two existing residential structures on this parcel is a unique circumstance as it is the only parcel within the zoning district with two existing non-conforming residential dwellings. The existence of two dwelling and their location in relation to the original lot lines creates a unique situation within this zoning district. (ii) A literal enforcement of the provisions of the by-law would involve substantial hardship, financial or otherwise, to the petitioner. The literal enforcement of the provision would be a substantial hardship to the owner. Given the current status of the property, the owner, Ryan Bone is having difficulties with financing, refinancing and insuring the property. (iii) Desirable relief may be granted without detriment to the public good. The dwellings were constructed prior to 1953 and have existed in their present location since that time. The granting of the requested relief will not be detrimental to the neighborhood or the public good. (iv) The Variance will not nullify or substantially derogate from the intent or purpose of the by- law. The property is in the Single Residence B District and existed prior to the adoption of the zoning by laws and visually will stay the same. THE BOARD’S APPROVAL SHALL BE SPECIFICALLY CONDITIONED UPON COMPLIANCE WITH THE FOLLOWING: The Petitioner and/or any subsequent owner will secure all of the necessary permits and approvals from all applicable Boards and Agencies prior to the issuance of a building permit. 2. Plan submitted by Romanelli Associates dated May 1, 2017 will be recorded at the Registry of Deeds. 3. The Board approved plan referenced as: Site Plan (Plan of Land) Prepared for: Ryan W. Bone By: Romanelli Associates, Inc. Dated: May 1, 2017 Notice of Appellate Rights No Variance, 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 Variance are not exercised within one year of the date of grant of such Variance 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 one 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 one year period, such rights may be reestablished only after notice and a new hearing pursuant to the provisions of Massachusetts General Laws Chapter 40A, §10. 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