Special Permit OFFICE OF
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BOARD OF APPEALS p Ircith r1
4 _ TOWN OF DARTMOUTH• / 7c1
t o• South Dartmouth, Man. 02748 r/ j; 1 / v
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SPECIAL PERMIT HEARING FOR T & D INC. = vi C)
There was a Board of Appeals hearing, open to the public, on Wednesday,
August 18, 1976, at 7:15 P.M., on the application of T & D Inc., 994 Jefferson
Street, Fall River, Mass., c/o P.O. Box 112 Flint Station, Fall River, s ' r
who is asking for a Special Permit from the zoning by-laws of the Town of Dart-
mouth, concerning property owned by it and located off 600 Old Fall River Road,
North Dartmouth, Mass. (Section 12 (3). Permission is requested to fill in an
existing gravel pit with demolition materials. PLAT: 88, LOT: 14 ACRE POR-
TION OUT OF LOT #2.
DECISION
The Board unanimously agreed to grant the permit to the Petitioner for
the purpose of filling in areas of the gravel site with demolition materials. The
Board found that the Petitioner is the owner of a parcel of land shown as lot num-
ber 2 on Plat 88 as shown on the Assessors Plans of the Town of Dartmouth, con-
sisting of 87 acres more or less of which the Petitioner proposes to utilize 14 acres,
more or less, for a landfill site for the disposal of demolition material. The Board
found that the entire site had been used for the removal of sand and gravel for a
number of years, and is presently a non-conforming use in an area zoned as Agri-
cultural Single Residence since November 20, 1972.
The Board found that the change of the non-conforming use by adding the
disposition of demolition material on the site along with the removal of sand and
gravel was no more harmful or objectionable than the uses that have been carried
out on the premises, in that there would be no more noise or no increased unsight-
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BOARD OF APPEALS p
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liness. The use to be made of the premises with the granting of this a *t alX 'm
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use is subject to conditions proposed by the Board which are as follows:
1. The number of truck loads of sand and gravel taken from the site and
demolition material brought on to the site shall not exceed 14,trzck loadav f demo-
..rs
lition material, and 28 truck loads of gravel or sand material in any one day.
2. The size of the area to be utilized for landfill with demolition material
shall be the 14 acres more or less as shown on a certain plan entitled: "SANITARY
LANDFILL SITE FOR T & D INC., IN NORTH DARTMOUTH, MASS., DRAWN BY
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TIBBETTS ENGINEERING CORPORATION, NEW BEDFORD, MASS. , DATED
SEPTEMBER 1975, REVISED SEPTEMBER 16, 1975."
3. "Demolition Material" is to be that material left over from demolition
of buildings carried out by the Petitioner after salvageable material has been re-
moved. It is to be restricted to non-salvageable wood, mortar, concrete and other
miscellaneous non-salvageable building materials.
4. The area is to be screened from view of Old Fall River Road and abut-
ting neighbors utilizing the natural woodland presently surrounding the site.
5. Time of operation of the business on this site shall be from Monday
through Friday, (Legal Holidays excepted) between the hours of 8:00 A.M. to
4:00P.M.
6. No sales of material, wholesale or retail, are to be conducted at the site.
7. The granting of this permit is subject to the Petitioner filing appropriate
applications to perfect the desired use for the premises with the Board of Health
and the Conservation Commission.
,
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OFFICE OF 0 CC,
BOARD OF APPEALS 3
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TOWN OF DARTMOUTH x o CD i"Tl
Jew South Dartmouth, Mass. 02748 x . C
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The Board noted that the site is subject to inspection on leveli tit T y
area with cover material by the Soil Conservation Commission under the terms
of its permit for the removal of sand.and gravel.
The Board further noted that the area is subject tb-inspection on d&ily',c
covering of demolition material by the Commonwealth of Massachusetts or its
representative.
The Board finds that owing to conditions especially affecting the parcel,
but not affecting generally, the zoning district in which,it is located, a literal
enforcement of the Provisions of the ordinance or zoning by-laws would involve
substantial hardship, financial or otherwise to the petitioner. The Board finds
that desirable relief may be granted in the matter without substantial detriment
to the public good and without nullifying-or substantially derogating from the in-
tent or purpose of the zoning by-laws.
The Board considered that the proposed use will substantially improve
the appearance of the area in which it is to be located and that the granting of
this variance will not affect, generally, the zoning district in which the subject
property is located, will not be a substantial detriment to the public good and will
not nullify or substantially derogate from the intent or purpose of the zoning by-laws.
This variance shall not become effective until notice of it, certified by the
chairman or clerk of the Board of Appeals, has been recorded in the Bristol Coun-
ty (Southern District) Registry of Deeds.
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Copies of the complete minutes of this hearing are available upon re-
quest, at the office of the Board of Appeals.
Be am C. Tripp,
CLERK, BOARD OF APPEALS
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TOWN OF DARTMOUTH
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864% SOUTH DARTMOUTH, MASSACHUSETTS 02748
Notice is hereby given that a public hearing will be
held by the Dartmouth Board of Health at the Old Town Hall,
247 Russells Mills Road, So. Dartmouth, Ma. , on Wednesday,
March 31, 1982 at 7: 30 p.m. on the application of T & D, Inc. ,
994 Jefferson St. , Fall River, Ma. , for an assignment of a
refuse transfer station to be located on approximately four-
teen (14) acres of land in the area of 600 Old Fall River
Road, No. Dartmouth, Ma., being a part of Lot #2, Plat 88. .
Very truly yours,
Wvaireleia- WahAt/
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liouth Board of Health
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DESMARAIS & DESMARAIS. INC. 7JAn
ATTORNEYS AT LAW
355 NORTH MAIN STREET 7777////1
rifp"
ROLAND O. DESMARAIS P. O. BOX 1870 'i8Te-19
PAUL R. DESMARAIS FALL RIVER. MA. 02722 AREA CODE 017
October 28 , 1981
Board of Health
Town Hall
Dartmouth, MA.
Gentlemen:
After having reviewed Section 11B of the Zoning By-laws of the
Town of Dartmouth and the legal opinion from Town Counsel con-
cerning its application to private landfill sites, it is now our
intention to submitted an application on behalf of T & D, Inc .
for an assignment of the subject area as a refuse transfer station.
General Laws , Chapter 111, Section 150A governs the assignment of
areas for transfer stations as well as landfill sites. Section 11B
of the Zoning By-laws prohibits the operation of dumps or landfills
but not transfer stations . Therefore , it would appear that you can
entertain an application for the assignment of such a facility.
I would suggest that you review this matter with Town Counsel and
advise us as to his position prior to our submission of a formal
application.
Thank you for your cooperation.
Very truly yours,
DESMARAIS & DESMARAIS, INC.
bye
PRD:-mr
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• JOHN A. BIRKNES, JR. /_ATTORNEY AT LAW3/
100 SPRING STREET
P. O. BOX G-936
NEW BEDFORD, MASSACHUSETTS 02742
(617) 096.0100
February 4, 19$2 '•
Board of Health
Town of Dartmouth
Town Office Building
Russells Mills Road
S . Dartmouth, MA 02748
Attn: Mr. Herbert Harrop, Chairman
Re: Opinion concerning application for site for
"Refuse Transfer Station"
Dear Mr. Harrop:
This is in response to your letter dated January 19, 1982
in which you inquire concerning whether an application for
assignment of a refuse transfer station should be accepted by
the Board of Health.
As you know, Massachusetts General Laws , Chapter 111 ,
Section 150A, governs the designation of sites for a "facility" .
Under that Section, a facility is defined as a sanitary landfill,
a refuse transfer station, a refuse incinerator with a grate
area in excess of ten square feet, a refuse composting plant, a
residual waste storage or treatment plant, a dumping ground for
refuse or any other works for treating or disposing of refuse.
The term "refuse" is defined in that Section as meaning
"all solid or liquid waste materials , including garbage or
rubbish, sludge and residual waste , but not including sewerage. "
As you know, the Town of Dartmouth, in its Zoning By-Laws
added Section 11B at the adjourned Annual and Special Town Meeting
of April 30, 1980, in which the operation of commercial dumps or
sanitary landfills are prohibited in the Town of Dartmouth, except
where operated as a runioipal uffi@ or a r@Qienal refuse district
use. Further, by Town Meeting action on May 19, 1381, lectioii 11e
was added to the Zoning By-Laws in which the operation,of any.
hazardous waste facility, including such operations at 4- commercial
dump site or sanitary landfill, are prohibited 4i£hi . L
Dartmouth.
5
Mr. Herbert Harrop, Chairman
Page #2
February 4 , 1982
Our By-Laws do not appear to exclude "a refuse transfer
station" , assuming that such use does not contemplate "hazardous
waste" , which would be otherwise excluded by Section 11C of our
Zoning By-Laws.
I do not find a definition as to what a refuse transfer
station is that would amplify the otherwise plain and simple
meaning of those words. There does not appear to be any definition
within title five and it is my understanding that the Board of
Health has no regulations concerning such a type of site.
Thus , where such a facility is not specifically excluded
in the Town of Dartmouth, then MGL Chapter 111 , Section 150A
would allow a person to apply to the Board of Health of the Town
to have a site assigned for such a facility after a public hearing
as set out in that Section.
If you have any further questions in this regard, please
advise.
Very truly ours ,
721 •
John A. Birknes, Jr.
JAB/jms
cc : Board of Selectmen
OP. 0. N. D.
(Precinct One North Dartmouth,Inc.)
P.O. Box 252 C 6 t North Dartmouth,Massachusetts 02747 �'" -�� � E}�
MAR30 1982
DARTMOUTH BLDG. DEPT.
March 29, 1982 kr cop
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Mr. Armand Lavigne
Zoning Enforcement Officer
Town of Dartmouth
Dartmouth Town Hall
249 Russells Mills Rd.
S. Dartmouth, Mass. 02748
Dear Mr. Lavigne:
This is in regard to the Board of Health hearing to
be held in the Old Town Hall on Wednesday, March 31,
at 7 :30 p.m. on the application of T u D, Inc.
(Laberge) , 994 Jefferson St. , Fall River, for an
assignment of a refuse transfer station to be located
on approximately fourteen acres of land in the area
of 600 Old Fall River Read, part of Lot #2, Plat 88.
We are writing to you with the hope that your office
will be represented at this hearing.
Yours very truly,
POND, Board of Directors
l;l William D. Whipp, President
,.\VICT o P. O. N. D. ��
_ ' (Precinct One North Dartmouth, Inc.)
P�, P.O. Box 252
0 % r de, eft"
North Dartmouth,Massachusetts 02747
ORATE 0
DARTtNY
June 28, 1982
Armand Lavigne, Bldg. Comm.
Building Department
Town Office Building
S. Dartmouth, Ma. 02748
Re; Transfer Station for T & D Inc.
Dear Mr. Lavigne:
P.O.N.D. Inc. (Precinct One Forth Dartmouth) would
like a zoning determination on the application of T. & D.
Inc. for a transfer station on land on Old Fall River Road.
The land in question is Plat 88 Lot 2 for T. & D. Inc.
The question involves whether a transfer station can
be located in this area which is zoned Agricultural Single
Residence A.
Sincerely,
Vim- a ce-r-cl/ GJ
P. O.N.D. Board of Directors
Carol A. Delucca
Secretary
/cd
July ZO,, 1932
Attorney John A. 3irknes, Jr.
filli
Counsel
Spring ;street
Bedford, to 0 740
r Attorney Birknesz, Jr. ;
I hen recently received a letter tram Carol A. Delucca, Secretary
,O. .D. (copy enclosed), c ar proposed Transfer Station ter
ril:r P a& Is, Inc. which is Lot 2 0 1l� at 88� Yell liver Bead.
Atter review the Board of Appeals files I found that this property
Lot 2 at Plat 88 Old tall fiver Roads was granted a Special Permit in
1976 (copy enclosed). granting the disposition of demolition material.
Sy question is whether in your opinion a Transfer Station, as
11...!t1
quested by T ft. D, Inc., can be located in a Dingle hesidence District
-A.
It you determine this use to be alloy with Board of Appeals
pproval, please advise as to whether a Special Permit or Vrrisaee would
be required.
Your attention in this matter will be greatly appreciated.
Sincerely,
Armand U. Lavigne
Building Commissioner
atillat
Baclosurea
CC: ?t & D. Ino. - Board of Avesele
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•.O. .D. - Board of •ith
Conservstion Commission
rJOHN A. BIRKNES, JR.
ATTORNEY AT LAW }
100 SPRING STREET
P. O. BOX G-936
NEW BEDFORD, MASSACHUSETTS 02742
(617) 996-9100
July 22 , 1982
Armand H. Lavigne , Building Commissioner
Town of Dartmouth
Town Office Building
Russells Mills Road
S. Dartmouth, MA 02748
Re : Your request of July 20 , 1982 concerning Refuse
Transfer Station in District zoned SR-A
Dear Mr. Lavigne:
This is in response to your above-mentioned request in
which you inquire whether or not a Refuse Transfer Station site
which has been designated pursuant to M.G.L. , Ch. 111 , Sec. 150A
may be located in a Single Residence District.
The simple answer with no other facts appearing is no,
i.e. such a use is not presently allowed in a Single Residence
District under the Zoning By-Laws of the Town of Dartmouth.
As you may know, there could be additional facts concern-
ing a long-term use of premises in a District in which it could
be found that a Refuse Transfer Station or something of that
nature could be a use encompassed under a "non-conforming use"
which is no more objectionable in the proposed use than the
existing non-conforming use. That would be a matter in your dis-
cretion if the proper facts appeared in the particular case. I
do not know if there are such facts in this case.
There may also be an exception to such a rule where a
municipality or government agency may be allowed such a use in a
District where it would be found to not have to conform to Zoning
By-Laws because of the nature of the public governmental unit.
However, that would not be the case with a private owner as we have
here.
If you have any further questions in this matter, please
advise.
ry truly yours ,
l'
JAB/jms Joh /Birk ,)
cc: Board of Selectmen
I
JOHN A. BIRKNES, JR. /
ATTORNEY AT LAW
100 SPRING STREET
P. O. BOX G-936
NEW BEDFORD, MASSACHUSETTS 02742
(617) 996-9100
July 23 , 1982
Mr. Armand H. Lavigne
Building Commissioner
Town of Dartmouth
Town Office Building
Russells Mills Road
S. Dartmouth, MA 02748
Re : Clarification of my opinion of July 22 , 1982
concerning Refuse Transfer Station in District
zoned SR-A
Dear Armand:
This is to clarify my opinion dated July 22 , 1982 and as
a response to our telephone conversation this date .
You have requested that I consider the fact that the
premises concerned in this matter are in a Single Residence
District but presently have a non-conforming use allowed to
carry on a type of limited landfill for certain types of demoli-
tion material by virtue of a Board of Appeals variance granted
several years ago. Those premises are contemplated to be used
at this time for a Refuse Transfer Station since they have been
designated as such a site by the Board of Health after a public
hearing. The Town of Dartmouth Zoning By-Laws , in Section 2B
entitled "Non-conforming Uses" would allow a non-conforming use
to be changed to another non-conforming use in the same or a
more restricted classification. We do not have the "same or
a more restricted classification" in our Single Residence
Districts when one considers a sanitary landfill non-conforming
use. Because of this , we are then relegated to M.G.L. , Ch. 40A,
Section 6 , which states that a "pre-existing non-conforming . . .
use may be extended or altered . . . where there is a finding by
the permit granting authority . . . that such change, extension or
alteration shall not be substantially more detrimental than the
existing non-conforming use to the neighborhood.
Thus , you do not have the discretion in this matter to
do anything except to respond that it is a case for a present
non-conforming use to be determined by the Board of Appeals under
that first paragraph of Section 6 , where they must make the
specific finding. It would appear that the Board of Appeals would
Mr. Armand H. Lavigne
Page #2
July 23 , 1982
have to make the finding that the proposed use for a Refuse
Transfer Station is not substantially more detrimental than
the existing non-conforming use . If they did this , they could
issue a special permit. If they cannot find that, then it would
require a variance with a showing of hardship for the Board of
Appeals to allow the contemplated use of a Refuse Transfer
Station.
I trust this answers the additional questions you have
raised in this matter. If you have any further, please advise.
Very truly yours ,
,.'
r //;;
Joh'' A:F nes , Jr.
JAB/jms
cc: Board of Selectmen
Board of Appeals
July 28, 1982
TfeDInc,
Jefferson Street
11 liver, Massachusetts
tiemens
Decently, I received a letter from P.O.H.D. (copy enclosed) con-
cerning your property located an O d Fail at , !Myth Dertmouthe
Fill:; 1102 span receipt of their letter, I requested legal assistance from
Counsel concerning your proposed Settee Transfer Station (co
enclosed) for conformance with the +n et Dartmouth's Zoning 37-Laws.
J After reviewing the reply from Town Counsel, it is
duty to
inform you that in order to operate a Refuse 7�ranafer Station in a
\IIle Residence District, even though you present have a non-
tforuse .aad are allowed to carry on a type limited landfill
or certaintypes of demolition material, by virtue of a Board of
la Variants granted in 1976, you must still apply to the Board
f Appeals as required by fessschusetts genera' /ews, Chapter 4OA,
IPtion Sit.
If you have any further questions regarding this matter, please
feel free to contact me.
Sincerely,
Armand B. Devlin,
Building Commissioner
AHWIIa
Enclosures (p) .
CC: f'.O.H.D. Board of Health
Board of Appeals Conservation Commission