Citizen Complaint (3/30/98) Dartmouth Building Department
/
COMPLAINT FORM:
Date:
y� Time: �%(J�c.•.,
�' Complainant: '• I ko.-i4a, H. �BFI L
Address: 1-7 F;die_ 1S 10.4() (ad
Telephone # : erg/3- OSgZ
or anonymous: Male Female
Location of Complaint: IS Pl ne. lsJano1 of
Plat: $o Lot: 14
Owner of Property: S fe%A.. E vo. z 1 (1 o
Address of Owner: IsI GHoo 2c1
Telephone #:
PLEASE CHECK APPROPRIATELY:
Type of Complaint: Building: Zoning:
Electrical : Plumbing & Gas: Other:
Nature of Complaint: (obtain as much information as possible, such
as frequency of problem, when first noticed, etc. )
V — Ex�z��9;Y' t Oc s;1A5
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Call Received By: Investigated By:
Resolution: 6 "/69e •. QQ .roc c-__ „O_w��„
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l 0.N,o,,,. 9 y Dartmouth Building Department
fO •r.
'° y / 400 Slocum Road
'\,:e 4,'' P.D. Box 79399 508-999-0720
Dartmouth, MA 02747 FAX 508-999-0738
FIRST NOTICE FIt /br -- -
,
Lid r
April 6, 1993
Steven F. & Joyce E. Evangelo
18 Pine Island Road
Dartmouth, MA 02747
Re: Agricultural Business located on Plat 80 Lot 4
Dear Mr. & Mrs. Evangelo:
Please be advised that this office is in receipt of a
complaint relative to your agricultural business at the above
location.
On April 2, 1998, I viewed the site and found that there were
some deficiencies although it appeared that the activity is
generally otherwise in compliance.
The primary concerns are as follows:
1 . the number and size of signs
2 . screening of bulk materials
V 0(L
3 . the provision of required parking 617(4. the minimum area under cultivation61
4'
Enclosed are pertinentant sections of the Zoning By-Law to aid
you in your review of your compliance.
Page 1
This office requests that you prepare a plan of the land with
delineation of the use, structures and available required customer
parking and the like and submit the plan to this office for review.
A permit will be required.
It may be found after review, that certain corrections will
have to be made before a permit may be issued.
Your cooperation and assistance is appreciated.
Failure to respond within two weeks will result in more formal
action.
Sincerely,
David J. Si veira
Building Commissioner &
Zoning Enforcement Officer
DJS: sgh
Enclosure
Page 2
SECTION 413 - RL►71LG11%.L' u ,..av
4B.200 ALLOWED USES
4B.208 PLACES OF WORSHIP
An institution or place where religious services, spiritual meetings or associated activities are
held on a regular basis.
4B.209 AGRICULTURAL USES
Agricultural ricultural Uses are uses which include the use of land for agricultural purpo
ses such as
dairying, pasturage, animal and poultry husbandry, crop production, truck farming,
horticulture, floriculture, hydroponics or viticulture.
The purpose of defining and setting standards for agricultural uses is to encourage legitimate
agricultural uses in the Town of Dartmouth by allowing these uses to function with minima
conflict in the residential districts.
To qualify as an agricultural use, at least 10,000 square feet of the land area of the lot shal
be devoted to plant based agricultural uses or at least 3 acres for animal based agricultura
uses. The minimum area of agricultural use just specified shall be necessary for the
agricultural product being produced. Agricultural uses include as an accessory use those
facilities for the sale of agricultural products, wine and dairy products, except that facilities fo
the sale of agricultural products shall be regulated in the following manner:
A. Off-street parking spaces shall be provided at the ratio of 1 space for each '250 square fee
of product display area except for those agricultural uses where products are sold from th.
field where they are grown, in which case parking spaces shall be provided at 1 parkin
space per 40,000 square feet of field area.
B. Other materials customarily offered for sale with agricultural products, particularly bull
materials; such as, but not limited to, loam, bark mulch, piles of stone, etc... shall b
screened from view.
C. Non-agricultural products customarily offered for sale shall be related to the agricultura
products produced on the premises and shall not exceed 20% of the value of agricultura
products offered for sale from the premises.
8
SECTION 4B - SINGLE RESIDENCE B ll151KILtS
4B.400 DEVELOPMENT STANDARDS
4B.407 PARKING AND DRIVEWAYS
The number of Off-Street Parking spaces shall be provided in accordance with the following
table:
f of Parking
Use Spaces Required
Single Family Dwelling 2 per dwelling
Garages, Sheds, Storage Bldgs. 0
Renting of Rooms 1 per renter
Accessory Apartments 2 per accessory apt.
Home Occupation 1/200 s.f. plus 1 per emp.
Home Educational Uses 3/200 s.f. plus 1 per emp.
General Educational Uses 1/400 s.f. of educational
(non profit) space
Place of Worship 1 per 4 occupants
Agricultural Uses 1 per 250 s.f. product
display area
and/or 1 per 40,000 s.f. sold
from field
Stables 1 per stall, plus 1 per
employee
Gardens 0
Aquaculture 1 per employee
Shellfishing 0
Conservation Areas, 1 per 400 s.f. of bldg.
Natural Recreation Areas
Municipal Uses 1 per max.# of empl. per shift
Fire District Uses 1 per max.# of empi. per shift
29
SECTION 4B - SINULL KL,1LLiVLL' 1s L1,1KM,i
4B.400 DEVELOPMENT STANDARDS
4B.407 PARKING AND DRIVEWAYS (cont.)
# of Parking
Use Spaces Required
Real Estate Signs 0
Exempt.Uses # of spaces per uses above or
Section 16 as applicable
Special Permit Uses # of spaces as required by
Special Permit
In Single Residence B Districts, parking facilities which include parking spaces, access aisles,
driveways or areas used for motor vehicle storage or movement shall be setback at least 10 feet
from perimeter property lines and 20 feet from a street line except where common driveways
must cross lot lines or where driveways connect to the street. The setback from property lines
and street lines for parking facilities may be reduced by one half if the parking facility is
screened by a hedge at least 5 feet high on the side closer to the property line. (The hedge
shall be solidly grown in within 2 years of planting and at that time be dense enough so that
90% screening is provided).
All parking spaces and access aisles for home occupations, home educational uses, general
educational uses, places of worship, stables, aquaculture, conservation areas/natural recreation
areas, and retail uses associated with agricultural uses shall be screened from streets and
abutting properties with a minimum 5 foot high evergreen hedge as defined above.
Each parking space shall be at least 8 feet wide and 19 feet long and consist of an improved
and graded surface, such as but not limited to, gravel, cobblestone, brick, asphalt, reprocessed
asphalt or concrete. Parking facilities showing 10 or more spaces shall be regulated by the
applicable standards and procedures of Section 16 in these zoning by-laws. Nine or less
parking spaces are regulated by the standards set forth here in Section 5.
Driveways shall not be located closer than 55' to an intersection of streets. The 55' shall be
measured from the closest part of the driveway to the intersection of the two roadways at the
corner or from the tangent of the roadway corner radius. Driveways shall be limited to one
curb cut for each 100 feet of frontage per lot.
Common driveways are allowed serving as access to two or more single-family houses or two
or more residential units but no more than four single family houses or four residential units.
Common driveways shall be at least 16' wide and be located in a driveway easement at least
20' wide.
30
SECTION 41$ - J11V1*L,r• AZZIAJrivt-� D Llil11%iVL►7
4B.400 DEVELOPMENT STANDARDS
4B.407 PARKING AND DRIVEWAYS (cont.)
The 16 foot wide common driveway shall be surfaced with a stable material; such as, but not
limited to asphalt, reprocessed asphalt,concrete, brick, cobblestone, or compacted gravel at
least 12" thick. All driveways shall not have a paved or improved surface wider than 20 feet
within 20 feet of a street line. If a common driveway is used for access these standards shall
apply, even if the lots served could gain access separately.
Common driveways cannot serve five or more single family houses or five residential unit
except where they are approved as part of the Special Permit for a cluster or PRE
development. As part of the Special Permit for a cluster or PRD development, these common
driveway standards can be modified as deemed appropriate by the Special Permit grantin;
authority. •
Access to the building site does not need to originate from the street where the legal lc
frontage is provided. All driveways serve only as access to the building site and cannot b
considered as streets for legal frontage as required under these zoning by-laws.
4B.408 SIGNS
Any signs in Single Residence B Districts shall comply with the following design standards:
1. The maximum size of any sign shall be two square feet on each of two sides unlef
allowed to be larger elsewhere in these by-laws.
2. There.shall be a maximum of one such sign for each property unless more are allowe'
elsewhere in these by-laws. Street number or name of occupant signs are allowed 2.
needed. Only one political sign per candidate is allowed and must be located on privaI
property.
3. Signs shall be located on the lot and setback at least 5 feet from any street line or propen
line.
4. Signs shall not have moving parts or flashing lights. Hanging signs are not considers
moving parts. Signs shall not be of a type that confuse, distract, or call undue attentic
by the use of color, shape, light, or other features.
5. Signs shall not be internally or externally illuminated except if allowed by Special Permi
31
SECTION 4B - SLN(1L11 KLSWL'iN' L 15 1J13trill..ii'
4B.400 DEVELOPMENT STANDARDS
4B.408 SIGNS (cont.)
6. Signs shall relate to a use or the occupants of the property upon which it is located except
for political signs, or as allowed elsewhere in these by-laws.
7. Instructional/educational, directional and traffic signs.are allowed as needed and not to
exceed four square feet per sign. All such signs shall not exceed 50" in height.
4B.409 LIGHTING
All artificial lighting shall not contribute to light pollution or create a nuisance as a result of
glare onto streets or abutting property. Lighting units shall not be located higher than fourteen
feet. Illumination of parking areas shall have the light source shielded from above and the
light source shall not be visible from streets or abutting properties.
4B.410 OTHER DEVELOPMENT STANDARDS
A. If ten (10) or more parking spaces are proposed, refer to Section 16 of the Zoning By-
Laws for additional parking facility standards and procedures.
B. If the land is located in one of these zoning overlay districts, additional development
standards may be imposed:
Section
Overlay District of Zoning
By-Laws
Inland Wetland & Watershed 17
Protection District
Coastal Wetlands District 18
Flood Prone Land District 19
Aquifer Protection District 20
32
780 CMR: STATE BOARD OF BUILDING REGULATIONS ANDSTANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
ventilation, energy conservation and sanitary the application. Such written authorization shall be
requirements of 780 CMR as necessary to insure signed by the owner and shall include a statement of
the public health,safety and general welfare. ownership and shall identify the owner's authorized
110.2.3 Termination of approval:The building agent,or shall grant permission to the lessee to apply
official mayterminate such special approval and for the permit. The full names and addresses of the
P PP responsible officers,
owner,lessee,applicant and the
order the demolition of any such construction at if the owner or lessee is a corporate body, shall be
the discretion of the building official. stated in the application.
110.3 Exemptions: A building permit is not Note: It shall be the responsibility of the
required for the following activities,such exemption, registered contractor to obtain all permits
however, shall not exempt the activity from any necessary for work covered by the Home
review or permit which may be required pursuant to Improvement Contractor Registration Law,
other laws, by-laws, rules and regulations of other M.G.L. c. 142A. An owner who secures his or
jurisdictions(e.g.zoning,conservation,etc.). her own permits for such shall be excluded from
I. One story detached accessory buildings used the guaranty fund provisions as defined in M.G.L.
as tool or storage sheds, playhouses and similar c. 142A. Refer to 780 CMR R6 and M.G.L.
uses,provided the floor area does not exceed 120 c. 142A for additional information regarding the
square feet. Home Improvement Contractor Registration
2. Fences six feet in height or less. Program.
3. Retaining walls which, in the opinion of the
building official, are not a threat to the public 110.6 The securing of a building permit by the
safety health or welfare and which retain less than owner,or the owner's authorized agent,to construct,
four feet of unbalanced fill. reconstruct, alter, repair, demolish, remove, install
4. Ordinary repairs as defined in 780 CMR 2. equipment or change the use or occupancy of a
Ordinary repairs shall not include the cutting building or structure, shall not be construed to
away of any wall,partition or portion thereof,the relieve or otherwise limit the duties and
removal or cutting of any structural beam,column responsibilities of the licensed,registered or certified
or other loadbearing support, or the removal or individual or firm under the rules and regulations
change of any required means of egress, or governing the issuance of such license registration or
rearrangement of parts of a structure affecting the certification.
egress requirements; nor shall ordinary repairs
include addition to, alteration oC replacement or 110.7 Construction documents:The application for
relocation of any standpipe, water supply, permit shall be accompanied by not less than three
mechanical system,fire protection system,energy sets of construction documents. The building
conservation system or other work affecting official is permitted to waive, or modify the
public health or general safety. requirements for filing construction documents when
5. Greenhouses:A building permit or notice to the building official determines that the scope of the
the building official is not required for the work is of a minor nature. When the quality of the
construction of greenhouses covered exclusively materials is essential for conformity to 780 CMR,
with plastic film (m accordance with St. 1983, specific information shall be given to establish such
c. 671). (This exemption does not apply if the quality,and 780 CMR shall not be cited,or the term
greenhouse is to be used for large assemblies of "legal" or its equivalent used as a substitute for
people or uses other than normally expected for specific information.
this purpose.)
110.8 Engineering Details,Reports,Calculations,
110.4 Form of application: The application for a Plans and Specifications: In the application for a
permit shall be submitted in such form as determined permit for buildings and structures subject to
by the building official but in all cases shall contain, construction control in 780 CMR 116.0, the
as a minimum, the information required on the construction documents shall contain sufficient plans
appropriate sample uniform building permit and details to fully describe the work intended,
application forms in Appendix B. The application including, but not limited to all details sufficient to
for a permit shall be accompanied by the required describe the structural,fire protection, fire alarm,
fee as prescribed in 780 CMR 114.0 and the mechanical, light and ventilation, energy
construction documents as required in 780 CMR conservation, architectural access and egress
110.7 and 110.8,where applicable. systems. The building official may require such
calculations, descriptions narratives and reports
110.5 By whom application is made:Application deemed necessary to fully describe the basis of
for a permit shall be made by the owner or lessee of design for each system regulated by 780 CMR. In
the building or structure, or agent of either. If accordance with the provisions of M.G.L. c. 143,
application is made other than by the owner, the § 54A all plans and specifications shall bear the
written authorization of the owner shall accompany original seal and original signature of a
20 780 CMR-Sixth Edition 2/7/97 (Effective 2/28/97)
C.Eaaet.ud Afi
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Dartmouth Building Department
COMPLAINT FORM'
Date: ?> - 3C)- g Time:
Complainant: � LC_
Address: iA l43k .iC) a
Telephone # : 10- (c97
or anonymous: Male Female
Location of Complaint: (6 PiAe,
Plat: __ Lot : c/
Owner of Property : 3 e%/e.,A E vo.i e-) ti p,
Address of Owner: (f3 1- 14.46,1 12d
Telephone # :
PLEASE CHECK APPROPRIATELY:
Type of Complaint: Building : Zoning:
Electrical : Plumbing & Gas: Other:
Nature of Complaint : (obtain as much information as possible, such
as frequency of problem, when first noticed, etc. )
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Call Received By: Investigated By:
Resolution: `I '2 "'c l) cp -de ,0 - ,�Q .eet l t. ' late
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A ]�
DATE OF AERIAL PHOTOGRAPHY 3-29-!:! V•y`
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7
----- ----- Not to be owl Sr
'^ --- 27 Pine Island Rd.
N. Dartmouth, MA 02747
(508) 998-0592
June 1, 1998
Town of Dartmouth
Building Department
Attn: David Sylveira
400 Slocum Rd.Dartmouth,MA 02747 FILE
COPY
Dear Mr. Sylveira:
I am writing in regard to a complaint I filed against the Landscaping and Retail Business operated by Steve
Evangelho at 18 Pine Island Rd. The complaint was filed on March 30, 1998. At issue are the size and
number of signs on the property,the'exposed piles of mulch and the lack of off-street parking for the
business.
Since March 30 the numerous small signs have been removed,however the main sign advertising the
business has been replaced by a sign that is approximately 1%2 x 4 feet. In addition a moveable sign
advertising"Party Tents"(approximately 2 x 2'/2 feet) is usually propped up near the street. There have
been several deliveries of mulch since March 30, insuring a large pile is always visible near the street.
Lastly, since the weather has become nice,there is an increase in the number of customers parking on the
street creating congestion and a potentially dangerous situation in the front of my property.
I spoke with Beverly from your office on Thursday, May 28 requesting information about progress in
resolving this complaint. She said that a letter had been sent out in early April, but there had been no other
contact with Mr Evangelho since then. Beverly also said you were going to call Mr. Evangelho on
Thursday or Friday. I realize these issues are not as pressing as others in Dartmouth, but I want to
reiterate my concern in having them addressed. I feel the Zoning Laws are in place to protect the character
and quality of life in Dartmouth and having a noncompliant business directly across the street reduces the
quality of life and the value of my property.
I appreciate your attention to these matters. I will call your office during the week of June 8 to check on
progress. 7
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Sincerely, f '"" ,`/ i �, ii (R'
ci.,___,2
(01,_.rlizi,
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f ,..,,
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Thomas M. Bell ,„ i ___
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CURRENT MESSAGES
DATE
MESSAGE ST
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Dartmouth Building Department
400 Slocum Road
P.O. Box 79399 508-999-0720
Dartmouth, MA 02747 FAX 508-999-0738
July 16, 1998
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Michael Gagne, Executive Administrator Tia
Dartmouth Board of Selectmen
400 Slocum Road
Dartmouth, MA 02747
Re: Steve F. Evangelho, 18 Pine Island Road - Plat 80 Lot 4
Dear Mr. Gagne:
Please be advised that this office is mediating a neighbor
dispute relative to the use of Mr. Evangelo ' s land for the purpose
of raising and selling agricultural products as is allowed pursuant
to Zoning By-Law, section 4B. 209 (attached) .
The matter has been reduced to the placement of a "mulch" pile
which is required to be screened from view under the "new" by law.
in. 7- 16-48
I have t ==aqa-i-la view 8the premises te- determined, final
.a-S nx.izZA
c 4 an - -.4d:...4, =4p7t-heansxt-f-er. -days. -14.--r
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Sincerely,
(1/
de. -David J. Silveira
Building Commissioner &
Zoning Enforcement Officer
DJS: sgh
Enclosure
CURRENT MESSAGES
DATE MESSAGE ST
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