Minutes -VARIANCE-Cont September 8 2017
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: September 5, 2017
(Continued from June 27, 2017-August 8, 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
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, Property Owner Ryan W. Bone and several interested parties
6:25 PM 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 Variance from the requirements of Section 4B.400 with regard to area, frontage and setback requirements. The Petitioner is requesting to subdivide
an existing lot into two separate lots. The proposed subdivision would result in lot areas of 1,589 sq. ft. and 3,411 sq. ft. and frontage of 28.52’ and 21.48’. The property is located
at 57 Lakeside Avenue in the Single Residence B 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 Development Standards)
ADVERTISED: The Notice for public hearing was published in The Dartmouth Chronicle on Wednesday, June 7, 2017, revised Wednesday, June 14, 2017 and Wednesday, June 21, 2017.
ABUTTER’S LIST: Robert Gardner, Jr. motioned to waive the reading of the abutter’s list into the record. 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
Variance application time stamped with the Town Clerk on May 19, 2017
Schedule of Departmental Payment of Fees To Collector’s Office
Certified Abutter’s List
Vision Appraisal Card
Letter from Planning Director John P. Hansen, Jr. dated May 30, 2017
GIS Map
Tax Collectors form
Approved ANR (Approval Not Required) by Planning Board dated May 1, 2017
Site Plan prepared by Romanelli Associates, Inc. dated March 20, 2017
Letter of support from Abutters Diana and John Estrella, 61 Lakeside Avenue
Chairman Choubah stated that the Board did receive Mr. Michaud’s letter regarding a case that he sited at the previous hearing and invited Mr. Michaud to present his case.
Attorney Joseph L. Michaud stated that he reviewed the case of Palitz v Zoning Board of Appeals of Tisbury and although elements of the Palitz case are similar, there are also differences
between the Palitz case and Mr. Bones proposed use of his property. In the Palitz case they were seeking to increase the size and scope of the existing building which would have a
significant impact on the surrounding neighborhood by increasing the size and intensity of the allowed nonconformity. Mr. Bones proposal has no physical impact and will bring a completely
non-conforming lot, into more compliance by making its use the same as the surrounding lots. Attorney Michaud continued by stating that Mr. Bone is not seeking to increase or alter
the size or shape of any building on his lot. He is not seeking to change the nature of the use of his property nor will there be any visible change in any aspect of his property.
He is seeking a change that will make his property more conforming by changing a multiple family lot into two more conforming single family lots. Mr. Michaud continued by stating
that the town will benefit through increased tax revenue and the neighborhood will benefit by eliminating a current nonconforming multi-family lot.
Chairman Choubah invited Board members for questions.
Robert Gardner asked if there would separate electricity and separate waterline to each house. Mr. Michaud responsed yes to both.
Again, Mr. Youman stated, although he is not a voting member, he sees no hardship in the shape, topography or soil, and would not vote to divide an already under-sized pre-existing non-conforming
lot.
Michael Medeiros, stated that these houses were built before the zoning laws, that re-financing and insuring the homes/property is difficult. Mr. Medeiros continued by stating that
the neighbors are in support of this petition. There are two houses on the lot, the lot is unique, there is a financial hardship, it doesn’t derogate from the intent or purpose of
the by-law and there is no substantial detriment to the public good.
Robert Gardner, Jr. agreed with Michael Medeiros and would vote in favor.
Chairman Choubah stated he looked into this petition and did some research, it is a unique situation that was created before zoning by-laws. He stated it would be more fitting having
each house on its own separate lot and it’s more fitting for the surrounding neighborhood.
Chairman Choubah invited public comments.
Jason Lord, Ted Styes and Daniel Duarte abutters have no objections to this petition and supports Mr. Bone.
No further questions/comments from the public.
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.
Michael Medeiros made the motion to close the public hearing. The motion was seconded by Robert Gardner, Jr. The motion passed unanimously.
Robert Gardner, Jr. made the motion to approve the VARIANCE Case 2017-11 in accordance with the Board’s stated findings and proposed conditions. The motion was seconded by Michael Medeiros.
The motion passed unanimously.
Chairman Choubah asked for a motion to close the hearing on the Case # 2017-11.
Michael Medeiros made the motion to close the hearing on Variance Case # 2017-09. The motion seconded by Robert Gardner, Jr. The motion passed unanimously.
7:00 P.M. Hearing adjourned
Michelle Vieira
Zoning Staff Assistant/Principal Clerk
Zoning Board of Appeals
Date of approval: ________________