Minutes -VARIANCETOWN OF DARTMOUTH
Office of the Zoning Board of Appeals
400 Slocum Road, Dartmouth, MA 02747
(508) 910-1868
Board Members
Michael Medeiros, Esq., Chairman
Halim Choubah, P.E., Clerk
Robert Gardner, Jr., Member
MINUTES
HEARING DATE: November 17, 2021
CASE: VARIANCE
CASE NO: 2021-18
PETITIONER/APPLICANT: John L. and Pamela N. Patenaude
PROPERTY OWNER: John L. and Pamela N. Patenaude
SUBJECT PROPERTY: 11 Shaker Road
DISTRICT: Single Residence A
Map: 183 Lot: 54
BRISTOL COUNTY
REGISTRY OF DEEDS: Book: 4391 Page: 284
ATTENDANCE: The Board: Acting Chairman Halim Choubah P.E, Alvin Youman, Esq.,
Dr. Rahim Aghai,
ASSOCIATE MEMBER(s): Michael Medeiros, Esq.,
Zoning Staff Assistant/Principal Clerk: Michelle Vieira
BOARD MEMBER (s) ABSENT: Robert Gardner, Jr., Walter Faria, Esq.
Also in attendance: Joseph Braga, Building Commissioner/Zoning Enforcement Officer
6:29 P.M. opened the hearing
LEGAL AD: Notice is hereby given of a public hearing to be held on Wednesday, October 20, 2021 at 6:00 P.M. in Meeting Room 304, Town Hall, 400 Slocum Road, Dartmouth, MA on the petition
of John L. Patenaude and Pamela N. Patenaude who are seeking a Variance to construct a 1066 sq. ft. attached accessory apartment of which only 976 sq. ft. is dedicated for the apartment
where 800 sq. ft. is allowed. Additionally, setback relief is being requested as the proposed addition will 18.2’from the road sideline where 30’ is required. The property is located
at 11 Shaker Road in the Single Residence A District and identified on Assessor’s Map 183 Lot 54. Information is on file in the office of the Board of Appeals and may be seen upon
request.
ADVERTISED: The Notice for public hearing was published in The Dartmouth Chronicle on Wednesday, October 6, 2021 and Wednesday, October 13, 2021.
ABUTTER’S LIST: Alvin Youman made the motion to waive the reading of the abutter’s list into the record. The motion was seconded by Dr. Rahim Aghai. The 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 September 9, 2021
Schedule of Departmental Payment of Fees To Collector’s Office
Legal Ad
Certified Abutter’s List
Vision Appraisal Card
Tax Collectors form
MapGeo
Denial Letter dated September 17, 2021
Photos
Site Plan dated September 16, 2021
Additions/Renovations dated June 27, 2021
Michael Medeiros recused himself from this case due to a conflict of interest.
Acting Chairman Choubah gave a summary on the case,
Acting Chairman Choubah invited the Petitioner or representative to present the case.
Richard Rheaume, Prime Engineering representing the Petitioners, John L. and Pamela N. Patenaude began his presentation by reviewing the site plans and showing that the majority of lots
are less that ¼ acre, but the subject lot is over ½ acre. The existing dwelling was built in 1955, has 1,702 sq. feet of living area. The proposal is to construct a 1,066 sq. ft.
one-story accessory apartment for the Petitioners parents who are not well and need support. The addition will have an entrance at the southwest corner which will lead to a common
mud room and will be shared by the main dwelling and the accessory apartment. It will have an open/living/dining area, a small kitchen, a single bedroom and a single full bath. The
proposed addition would be set 18.2‘from Glen Road where 30’ is required, however, most dwellings are between 10 and 20’ off the street lines. If we adhered to the 30’ setback, the
only bedroom and bathroom would have to be eliminated. The hardship is, the lots were developed years before Zoning, this being a corner lot and meets the frontage, but does not meet
the setbacks from the side road. Mr. Rheaume demonstrated a visual (over the architectural drawings) that showed if the board adheres to the 800 sq. ft. limit, the shower, toilet,
refrigerator, sink and the stove would be eliminated. The majority of the homes are 60-70’ long, where the Patenaude’s residence is 56 feet long. If this Variance is granted they
will be comparable to the lengths of the other homes in the neighborhood.
Acting Chairman Choubah stated to Mr. Rheaume that he had indicated that the plans were surveyed by a surveyor. Mr. Rheaume replied yes, that a survey crew went out and did a perimeter
and topographic survey. Acting Chairman Choubah stated that he did not see any parameter survey information, whether you have bearings or dimensions on the lot lines.
Chairman Choubah continued by stating that the Board is going to have a discussion and have had a discussion that we will not accept an Engineer certifying property lines and setbacks.
Acting Chairman Choubah stated the plans have to be revised with the surveyors stamp and the information regarding dimensions on the lot lines etc. Also, the Board is not ready to make
a decision so the hearing will be continued. Regarding the size of the addition and the setbacks, we have to look at the layout and that we have had similar requests and they have
been denied. There are ways to adjust the size, to meet the 800’ limit for an accessory apartment. Also, Acting Chairman Choubah questioned the second floor, nothing shows on the
elevations, there are windows and steep slopes. Mr. Rheaume stated there was nothing on the second floor.
Acting Chairman Choubah invited Board members for questions.
Dr. Aghai stated the size is in question and should try to adjust to meet the requirements.
Acting Chairman Choubah stated that the Board hears case by case and that the Board have been receiving a lot of these requests. The Board needs to be careful approving these oversized
accessory apartments and additions, there are concerns. Chairman Choubah stated that there could be adjustments made to meet the requirements for an accessory apartment.
Alvin Youman made the motion to continue Variance Case 2021-18 to November 17, 2021. The motion was seconded by Dr. Rahim Aghai. The motion passed unanimously.
Acting Chairman Choubah asked for a motion to adjourn.
At 7:00 PM, Alvin Youman made the motion to adjourn. The motion seconded by Dr. Rahim Aghai. The motion passed unanimously.
Respectfully submitted,
Michelle Vieira
Zoning Staff Assistant/Principal Clerk
Zoning Board of Appeals
Date Approved: November 3, 2021