Variance Hearing #2001-40Ir
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`L 400 Slocum Road • P.O. Box 79399
` •,6;.•j Dartmouth, Massachusetts 02747
OFFICEOF APPEALS
FILE COPY
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BOARD OF APPEALS z Y
TEL:999-0723
August 20, 2001
The Chronicle
P.O. Box 268
North Dartmouth, MA 02747
Dear Sir/Madam:
Please publish the following notice in the "Legal Advertisement"
section of your newspaper on Wednesday, August 22, 2001 and
Wednesday, August 29, 2001 and bill this office for the same.
TOWN OF DARTMOUTH
BOARD OF APPEALS
Notice is hereby given that a public hearing will be held in
MEETING ROOM #304, TOWN OFFICE BUILDING, 400 SLOCUM ROAD, NORTH
DARTMOUTH, MA, on Tuesday, September 11, 2001 at 7 : 00 P.M. on the
application of Doris Jenkins for a variance from the zoning bylaws
of the Town of Dartmouth to allow the construction of a 18 X 13
four season room & 24 X 24 garage which would be located 11 feet
from the property line rather than the required 20 feet located at
2 Oakridge Drive in a Single Residence B District . (Section-
4B.404-Set backs) PLAT: 77, LOT: 28 .
Joseph L. Cosentino
CHAIRMAN
cc : Assessors Office
Board of Health
Building Commissioner
Conservation Commission
Department of Public Works
District Fire Chief
Tax Collectors Office
Safety Officer
Planning Boards : Dartmouth, New Bedford, Freetown
Westport, Fall River, Gosnold
�OUTH.
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OFFICE OFIHE ; 1 1e:4 CLERK
BOARD OF APPEALS + - . r.yr:a r rismi
TEL:999-0723 DECISION TO BOARD OF APPEALS CASE #2001 1
VARIANCE HEARING FOR DORIS JENKINS
CASE NUMBER #2001-40
There was a Board of Appeals hearing held in MEETING ROOM
#304, TOWN OFFICE BUILDING, 400 SLOCUM ROAD, NORTH DARTMOUTH, MA,
on Wednesday, September 19, 2001 at 7 : 00 P.M. on the application
of Doris Jenkins for a variance from the zoning bylaws of the Town
of Dartmouth to allow the construction of a 18 X 13 four season
room & 24 X 24 garage which would be located 11 feet from the
property line rather than the required 20 feet located at 2
Oakridge Drive in a Single Residence B District . (Section-4B.404-
Set backs) PLAT: 77, LOT: 28 .
Present were Chairman Joseph L. Cosentino, William D. Whipp
and Margaret A. Sweet.
DECISION
It was the unanimous decision of the Board of Appeals to
GRANT the requested relief to the petitioner, Doris Jenkins, to
allow the construction of a two-car garage closer to the property
line than required by zoning.
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 bylaws would involve
substantial hardship, financial or otherwise, to the petitioners .
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 intent or
purpose of the zoning bylaws .
The following conditions and restrictions shall apply:
1 . No portion of the proposed garage shall be closer than
eleven feet from the property line .
2 . The proposed breezeway & garage shall be in substantial
compliance with plans submitted and hereby entitled
"Jenkins, 2 Oakridge Drive, Dartmouth, MA. " Which have
7
been hereby marked "A" & "B" and made part of the Board
of Appeals file .
No variance or special permit, or any extension,
modification or renewal thereof, shall take effect until a copy
of the decision bearing the certification of the Town Clerk that
20 days have elapsed and no appeal has been filed or that if said
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 fee for recording or registering shall be paid by the
owner or applicant.
Appeals, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws, Chapter 40A, and shall be filed
within 20 days after date of filing of such notice 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 they 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 therefor, 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 this section.
Copies of the complete minutes of this hearing are
available, upon request, at the office of the Board of Appeals .
SEPH L. COSENTINO
CHAIRMAN
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