Zoning Board of Appeals December 11, 2025

Uh good evening and welcome to the zoning board of appeal meeting of December 11, 2025. Uh before we start our meeting tonight, I would ask everyone to stand so we can pledge allegiance to the flag.

I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Please uh remain standing for one moment of silence for our soldiers past and present.

Thank you.

So, uh before we start the meeting tonight, uh I would like to announce that the next uh meeting for the board of appeals is uh Thursday, January 8th, 2026 at 5:00 p.m. And this is for the regular uh ZBA meetings. the uh at 6:00 it would be the the uh the 40B for the residences at Hawthon and this will be heard on same night January 8th 2026 at 6 p.m.

And uh also this uh meeting is being uh recorded by net community media.

Uh the um tonight we have a um at 6:00 we had the uh comprehensive permit ZCMP 25-2 that was scheduled. But if anyone is here for that meeting, we will not have the meeting tonight. This is going to be continued until the next uh until January 22nd, 2026. So if you're here for this meeting, um unfortunately we will not uh discuss that meeting tonight. Uh our first meeting tonight on the agenda is various uh

from the attorney.

Well, I'm going to I was going to do that after. Okay.

After but uh we can do it now.

So we do have a request from the attorney for the applicant for the 40B requesting the meeting uh the requesting to continue the meeting. And this is an email that was sent to uh our uh attorney, I believe, right? And it says, um, "Good morning, Susan. Please allow this email to confirm that the applicant agrees to continue the hearing originally scheduled for the for this Thursday, December 11, 2025 to January

22nd, 2026 to allow for all of the board members who are sitting on this matter to be in attendance. Thank you and h happy holidays Tanya Travision uh attorney for the applicant.

So uh our first public hearing tonight on the agenda is variance zav 25-4 and this uh case was continued from November 13, 2025. The petitioner applicant is Dion Kera and uh he's the owner of the property. Subject property is located at 25 Thatcher Street, map 122, lot 91-1 in the general business in the general residence district. And at the petitioner was seeking a variance to

reduce the setback from the required 20 ft to zero ft to construct an outdoor deck/kitchen grill area in the rear of the house of the property. And this was advertised and we opened a hearing and we had several hearings and we continued this and I believe tonight we have a request from the applicant to withdraw the application. Um it's right here. I got it. Thank you. So, if you're here for

this hearing, and I believe you are, um there's an email that was sent uh Wednesday, December 10th, 2025 to Michelle at the zoning board, and it says, "Good morning, Michelle. I would like to withdraw my application after review of the guidelines. I am going to have to go in a different direction with this project. Please let me know if I need to provide anything further." Thank you, Don Kaletta.

So that's the petitioner. So we have Do [clears throat] we want a motion?

Um yeah, we need a motion that we accept the request from the petitioner to withdraw the application. Maybe you want to add without prejudice just just to be I mean it's up to I make a motion that we accept the withdrawal of the petition uh by Mr. Calha with regard to varants ZAV-25-4 based on his request to withdraw uh his application by way of an email dated December 10th, 2025.

Is that without prejudice?

Without prejudice.

Yeah, I'll second that motion.

We have second. All in favor?

I I Thank you.

Done. Next on the agenda, we have a use variance ZAV 25-13.

The petitioner applicant is John Williams. The uh owner of the property is Margaret Thomas Tomquit. The subject property is located at 576 F Corner Road and it's identified as map 68 lot 10.

and uh it's located in an office industrial district and this uh case was advertised on November 20, 2025 and November 27, 2025.

Uh what's the pleasure of the board? Um I make a motion that we wave the reading of the abutters list.

I'll second that.

All in favor?

I. So we have it a butters list available. If anybody wishes to look at the abundance list, we have it at the ZBAU office. Uh we do have so the petitioner owner is seeking a variance a use variance to allow the relocation of a corporate office to the subject property along with the operation of a masonry construction business. The proposal includes the construction of a garage [clears throat] warehouse for the

storage and repair of vehicles used in the business contracted dispatch yard as well as the storage of equipment and materials necessary for use in the masonry trade. This is under section 375.22.2 allowed uses and section 375-5.2A definitions.

Certain words in this bylaw are defined for the purpose for the proposed there thereof as follows by use contractor dispatch yard properties where companies are run and where large heavy duty construction equipment is stored and maintained and where heavy equipment is loaded into construction trailers and delivered to a construction site for an undetermined period of time. So that's the definition of contracted

dispatchard.

And um we have start with the uh with the letter from the attorney.

Uh do I have that? Uh yeah. Okay. Thank you. So I do have a letter to the to the ZBA. Uh and this is uh from attorney David Russell. Uh and uh this is addressed to the zoning board of appeal. It says, "Dear chairman and members of the board, and this is regarding 576 False Corner Road, I represent Margaret Tomkitz, which who is the owner of 576 False Corner Road.

Unfortunately, I will be out of town and cannot attend the hearing for the variance filed by attorney John Williams. Therefore, I'm writing this letter on behalf of my client and request that it be read into the record for this hearing. My client has entered into a purchase and sale agreement to sell her longtime residence as she can no longer manage a multifloor home.

Unfortunately, the intended use of the buyer is not in accord with the present zoning designation which is very narrow.

The limitations of the zoning designation have created a hardship for my client whose property is her primary asset and it has made it very difficult to obtain a bonafidey uh purchaser for such a limited use.

Accordingly, Miss Mrs. Tomquitz is respectfully asking that the board allow this petition and grant the variance requested by the buyer so that she may move to a more suitable home. This will also allow for the improvements of this property to the benefit of the surrounding properties as my client's property has fallen into some dis despair. Your consideration of this matter is greatly appreciated and this

is signed by attorney David Russell.

Um do we have uh any comments from uh on this case from the building inspector? Usually we don't we we don't read this anymore or this is this is false corner.

Yeah, that's the the denial letter.

Denial. Do we regular or we don't I mean are we still read them too? Okay.

So we do have a letter from the building commissioner and this is addressed.

You read it already. Uh, no. I read the request that that was the previous meeting that I I read the request to withdraw the application on.

No, no, no. On this one.

No, no, no. I think you read the cuz you did the I think I think you read the legal ad.

I read the legal ad. Yeah. Well, basically, it's it's a denial letter from the building commissioner, right?

And this is addressed to uh attorney Williams and uh it says I have reviewed your application and at this time your proposal cannot be approved due to non-compliance with current zoning regulations. Applicant proposing to move corporate office to the location along with their masonry construction business. They propose to construct a garage/warehouse to store repair the vehicles used in their business.

contractor dispatch yard along with the related equipment necessary for said business. Also, storage is to be utilized for material necessary for use in masonry trade. Contracted dispatch yard is not an an allowed use and will require a use variance. your application is being denied under and he references the the uh the section of the bylaws and that the um um the contractor's dispatch

yard uh definition which I read before.

So basically it's a denial letter saying he cannot issue a building [clears throat] permit. You need to go to the zoning board of appeal for uh a use variance.

Um do we have anything else? No comments from other I believe there was okay we don't have any comments from uh oh board of health you do yeah I mean board of health that's the you know oh thanks it there's some comments from the board of health and um saying that the 576 false corner road is not tied to sewer and there is an old septic permit in our files so and that

would need to be abandoned but this is again if we if they if we grant this variance and they have to go through all the site plan reviews and all the other boards and uh DPW same thing this the standard storm water and all uh uh planning a site plan review application for the proposed work will need to be filed with the planning board. I'm I'm sure the the applicant is aware that

they have to go through site plan review. Uh a determination as to additional permitting requirements cannot be made until the submittal of the proposed site plans. So, uh, they can't. So, we [clears throat] have, uh, attorney, uh, Williams here.

You're representing the as the applicant, right? So, if you don't mind, you can state your case. Okay. Is this on? Okay. Okay. For the record, attorney John Williams with a office address of 651 Orchard Street in New Bedford, Mass.

And I represent the proposed buyer by agreement uh, Fernandes Masonary, Inc.

Um so their plan was to move their corporate office from New Bedford.

They've outgrown that office. Um and they so the corporate office is a is a allowed use in this zoning district, but they they they wanted to put what might be considered uh contractors storage.

Um, so they're going to have a they're going to have a gar garage there that's to to maintain their their vehicles or um and and store. Um, so one of the things that you got there from I think from the board of health was they didn't want any rubble. Uh, I don't know what I don't I I I'm not sure what he meant by rubble stored there, but I spoke to Mr.

one of the Fernandes brothers on the way in and um the only thing that would be stored there for uh for building materials would be all the building materials get delivered to the job site.

No one's going to deliver 10 pallets of bricks and they're going to put them in their trucks and take it to the job site. So if they at the end of a at the end of a job if they have two pallets of bricks that's that's about the only materials are going to be there. There's no rubble. There's no broken pallets. Um but uh so uh um uh let's see so the the the designation their

contractors dispatch yards not in allowed use in this zoning district. So uh we need to we need relief. We need to get a a use variance. There have been recently in this zoning district there's been at least [clears throat] three that I know of use variances that have been approved there. one for uh apartment buildings uh on on France Connor Road, another gas station up the street,

another auto repair business on Vento Drive. So, it's kind of it's it's not out it's not out of context uh you know and the uh issuance of a of a use variance here. So I read in and according to the the purpose of the the office industrial district that there's certain things that that it was created for and I think that I think my client's um business would would help provide

that. One of them is provide pro provide professional and technically skilled employees and employment and create jobs. Build floor space. build highv value buildings to maximize tax revenues. They're going to build brand new buildings and and I I would obviously think they're going to build them out of brick, I would imagine. But um and then uh you know pro promote investments in infrastructure.

So I talked to Timmy Barber from the uh DPW uh the the sewer is just a short run and I talked to my clients and and and they're going to extend the sewer there.

Um uh and they are willing what whatever is asked of them they're willing to create a buffer put arborites whatever whatever is needed to shield you know that shield the buildings anything if there are pallets of bricks that come from they come they be put behind the building. So when you're looking at it um it's it's it's uh it's it's going to be a it's going to be a nice addition to

that area. So, um, part of the, uh, uh, and and it's going to their office is going to generate less traffic flow than if it was medical offices. Medical offices, if you got 15 doctors there, you probably got 100 people every hour.

Okay? And the so the way uh, Fernandees Brothers Masonry have 120 employees.

They they never have 120 people there.

They their their employees take the trucks home and they drive directly to the job. All building materials are delivered right to the job. They have they have some vans and some and some of their employees might come to park and go up in the vans to to their employment but it's it's it would be less less traffic especially up in France uh district. I mean, it there's it's a traffic problem up there, especially in

the morning. And so, there's going to be less traffic and it's going to be um uh it uh and then the the use variance, the the request for the use variance meets the statutory requirements for granting a variance under chapter 48 section 10.

Um, it's and you know, I think that you saw the letter from uh from the attorney and Mrs. Tomkowitz. I think I think people went to Dartmouth schools remember Mr.

Tomowitz. I think he taught at Dartmouth High for quite a while and um so she's elderly. She she's got a two-story house. She can't she needs to get a one-story house. It was very difficult for her. I talked to the realtors who was very difficult to find a buyer for this property because of the fact that this is zoning district is very narrow.

There's not a lot of different options you can do there. And that's probably why you had three or four different variances in the last probably year or so. People they they just can't um it can't be there's only so much medical that you um you know medical use. So um the uh so there's uh uh let's see so it's it's in this this construction here being be in harmony with the the town's master plan.

It's better for the it's going to be also better for the carbon footprint because it's going to be less impervious surface here. They don't they're not going to have parking lots like like uh Hawthorne Medical or those other medical groups. They have to provide parking for hundreds of people a day. There's it's it's going to be very little uh impervious uh surface here. So um and uh so anyway, it's it the the the

granting of this will not deriggate from the intent of the zoning the president zoning offices and and like I said, it's going to be in harmony with other uses in this in this area in this neighborhood.

I'm not I I I don't know if there's any questions that you need to uh attorney I think uh I think I'll we'll have some questions but unfortunately we don't have anything to look at. I mean, this is so so here's I I I I understand. I spoke to the building department about that and I spoke to the the board of appeals the their building and and I think we

come up with the consensus that the um the building for them to do full architectural drawings and and engineering [clears throat] plans for something that they don't even know that they can use do here. um they're willing to make if the granting of the variant subject to approval or or put this off to the next one, we'll get a I I'm just wondering if just a plot plan if just a plot plan will suffice.

I think we need to but first of all, we need to reference a plan of record when we when we grant the variance.

Second, I think it would be nice. We're not asking for full set of plans.

Correct. We're not asking for landscaping plans and storm water architecture, but at least a plot plan.

What size are the building? Show us where the garage is going. What size?

Just, you know, let me just ask you a couple of questions, Mr. Williams.

Yeah.

Um, the buildings that are currently there, they're all coming down.

Yeah. The house, it's just it's an old house and and a and a shed or a garage.

It was an ice cream stand. Is that part of the same property?

I hope they don't get rid of that.

No, no, no. They So, no, they Yeah, that that that that So, it's all going to be new construction.

New construction. And they and and they have offered Mrs. Tonkowitz, they said that she can she can stay in that house until they start construction. They they they have a side agreement with that.

But, um, see, the building department when I talked to them, you know, do you have architectural plans? And I was like, I said, they're not not going to spend architectural plans on a building.

If this if this doesn't get granted, they're going to go to another site and it might be different topographical different elevations. So, but I I think if if if all you're going to need is a plot plan, I show them where the garage and the setbacks and they meet the zone.

Uh, we're good. We're That's Yeah, at least show setbacks.

One more one more question.

Okay. There's going to be mechanical repair taking place on the property.

No, they they they just maintain maintain the vehicles, you know.

So, like there won't be any oil changes or anything like that.

Well, they might, but they but they'll have to put in whatever the building department requires, you know. I mean, you do you do anything, you have to have that certain uh you know, drainage system. So, right.

Yeah. And they and they're not going to put a septic in. They're going to they're going to extend they're going to extend the sewer because they don't have much water use there. But, you know, they don't they they they wouldn't they don't want to have a a septic.

No, you would if you have because if you have a repair, you would have to have a put an MDC trap before you tie to the sewer.

They know they know have to have we don't want to get into I think you have to go for a site review anyway. So that will be board of health and you know but just for this board I think at least you need to see a plan. We need the plot plan, but show where the building is, the office, the size of the office, the size of the garage, you know, where you're going to store

your your material so we can get a side yards and setbacks.

Yes. Setbacks.

So, and they meet all the zoning and and they have um we had a botist go by there and and there's there's virtually no wetlands on that site. But, um yeah. No, you know what? I I figured that that was going to be a um either a condition or let's come back and see it. So, but you know what it is? I didn't when it when I was told that you might need full architectural plans.

No, no, not full architectural. I mean, I don't know how the board feels. We're just maybe like one facade to see what the building looks like because the height. Are you asking for a variance on the height? You're not you're not going over the 30 yet, but we're not asking for any other any other We wouldn't I this way you wouldn't know until you kind of have a conceptual plan that

you can demonstrate that you don't need a variance for dimensional or or uh you know and they they have draftsman and they have engineers that that go there and you know what when I talked to the I talked to the building department he said well go in and ask it and maybe they'll approve it's conditional and I I when I talking to him, I said, "We're going to need to get a plot plan

at least." And that's why I was trying to come here and make sure that if that's all we need, we don't give a open card blunch.

I know you're going to give us a variance and you never know what goes there, you know.

But no. Okay. So, and we need a plan of record to reference, too. So, you know.

Yeah. No. Okay. So, if so, we'll have an engineered plan, not just a plot plan.

And a plot plan is just uh do you need just a plot plan or do you need a fully engineered plan showing the uh exact dimensions or Yeah. Yeah. Yeah, I mean we would need the existing condition plans that show the the the property, you know, then your building, you need to show us the setbacks to the building, the size of the building, where your uh basic, you know, where your garage or

where you going to store the material, right? And how many parking spaces you said, you know, I mean, if you show plan with the 200 parking spaces or it's it's it's a it's a six acre lot and they're going to have they're going to have parking spaces for whatever they they require, but they're not going to blackstop the whole thing.

I understand, but we just want to see the scale, the magnitude of the project and then they have agreed to put whatever buffer or landscaping needed in the front. So, they want they said we'll do above or whatever. So, I'll have them I'll have them do that on the plan, too.

That would When are we coming back?

Uh I don't this we're going to ask we we have two meetings in January, but I don't know. Are you going to be ready?

They'll be ready. They'll be ready. Um I'm going to say we have to go into February.

We have to go to February. What's the first one in February?

See your calendar because I forgot my should be in your calendar.

If possible, if they could go in January only because Mrs. Tom is uh Nancy not I have the 8th and the 22nd.

One of them you're missing February.

In only in February.

Only in February. We see he's missing.

Yeah. I'm missing one meeting in February.

Yeah.

But that's what I'm saying. Or the next December January 12 and the 26. I was in January. The 26th. We don't have 12.

I believe it's the 12th and 26th.

We 12.

You want to chat for a minute and I'll go get my calendar?

No, no, no. What are What are we talking about?

She's She's going to to February, I think. But uh there's no way we can do Yeah. So yeah, you think you can make the January?

Yeah. Oh, for sure. For sure.

It's not going to be a long uh You're here January. Both of them, right?

I'm here. Yes. For both hearings on January. So the I'm here for is it January? I've already lost track.

And Mike can't sit on this one. So that's we need uh also we need So we got 8 and 22, right, Alim?

Yeah, today we can get we can get it done for the eight.

Do we need traffic studies to see how much of traffic would create?

I'm sorry, doctor. I can't hear you.

We have an engineer in the works who get it all done.

Traffic studies that that's their business.

Oh, I'm sorry. I I can't hear Dr.

Do we need traffic studies to see how much traffic do they come and go?

Not I mean not on on such a for the use of the contractor is you know we'll I don't we don't need a traffic study now but uh we would like to see the size of the building and the offices and the size of the garage.

Um most of the people Dr. I guy that go they go directly from their homes to the job site and their employees they don't contractor that yard doesn't generate a lot of traffic. So what about production that they have?

How do they get in and out of Well, that's what they got. We'll see on the plot plan when they submit the plot plan and the size of the building. We'll get a feeling, you know.

Yeah. Uh, so we can't do the January at all. The January 20th January 8th definitely not.

No, the 22nd 22nd because it's going to be a short meeting. So, yeah.

Yeah, you can make the January 2nd.

And I'll get I'll get all I'll get the plans and everything into you well in advance so you can look at them and then if you have questions.

Yeah.

January when?

Second.

Yeah.

Okay. I think 5:00 p.m. at 5:00 pm.

5:00 pm. I like the 5:00 PM one. That's uh past your bedtime.

When you come in, there's like a 40p.

You're there till midnight.

So, uh we [clears throat] need um and attorney Ferry, we're going to check with you. You available on the 22nd?

Yes, I am.

Yeah. Okay.

Long as he brings the comi sandwich with him.

Oh, good.

I got one. Mike, it's been in the car for a while because we need Michael can sit on that.

Oh, okay. That's right.

Are we all set?

That's fine. We all set.

Yeah, we're good for the If you want to make a motion.

I make a motion that we continue uh youth variance request petition ZAV-25-13 to January 22nd, 2026.

I'll second that motion. All in favor?

Bye. Thank you. We'll see you on the 22nd next year. Thank you.

Um, say merry Christmas, too.

Have a nice Christmas.

Okay. Uh, yeah. You're the only hearing. You're it. Well, there were three.

We were going to There were three hearings tonight, but right.

You want to party, too?

Oh, yeah. Yeah. We're still Yeah, we're still in session.

Still in session.

All right. Uh, I thought she's here for the for the 40B, but Okay, good. So, uh, what are we doing?

I I'm not sure what we need to do with this. I already said for [clears throat] Did you check with her if we need a motion or Yeah, we do need a motion to Oh, we do need a motion. Okay. So, and also, just for some reference, I put the um cancellation on the website.

Yeah, it's also on the agenda. And I also bought notices on every door outside.

Okay.

And I believe there was a um the neighbors were going out today to let people know about the meeting. So Jim Costa was going to let them know that.

Okay.

So So you want you want a motion?

Just one motion.

She said they usually do it.

Okay. Okay, we all set.

Uh, no, I think before we just just in case, did you I'll probably just again I'll just say we have a request and we we posted it and it was posted on No, but I I'm prepared to make a motion.

I'm making a motion.

No, not yet. I I think we we're going to say we have a meeting tonight and and the the attorney requested. Okay. Our uh next and last uh uh hearing on the agenda is comprehensive permit ZCMP25-2 and this was continued from October 30, 2025 and the petitioner is Robert Lincoln. This is for the owner is Sherbrook Farms LLC. Property located at 498 Old Westport Road, map 48, lot 29 and a single residence B. I won't read

the whole uh uh um ad for this, but this is basically the uh the 40B uh comprehensive permit to uh construct 156 units on uh on 498 Old Westport Road.

And this pro this was opened and we had several meetings and tonight um we we scheduled a meeting tonight for six o'clock but we do have a request from the attorney to continue the hearing and uh I did read this into the record. I will read it again just uh uh uh one more time. And also I understand from our uh office uh uh ZBA that uh the this uh

request this the the uh the notice was uh posted on on the website and also notices went on agenda on the agenda and on all the doors they put notices that this meeting tonight is not going to take place. It's going to be continued to January 22nd, I believe.

So, those notices are already posted here.

Yes.

Put them on all the doors.

And this is the request from the attorney to our attorney. It says, "Good morning, Susan. Please allow this email to confirm that the applicant agrees to continue the hearing originally scheduled for this Thursday 1211, 2025 to January 22nd, 2026 to allow for all of the board members who are sitting on this matter to be in attendance. Thank you and happy holidays. Tanya uh Travisen is she's the attorney for

the applicant.

So, uh, we need a mo motion that we continue the hearing to, uh, January 22nd 2013.

I make a motion that we continue comprehensive permit ZCMP-25-2, uh, on the petition of Robert Lincoln for Sherbrook Farms LLC to January 22nd, 2026.

That would be at 6:00. at 6:00.

I'll second that.

A motion.

All in favor?

I I Thank you. So, um I think we have the last on the agenda is the administrative uh minutes. I think we need we're going to defer Yeah, we'll we'll defer those to the uh next meeting on uh January uh 8th, I believe. Right.

Yeah. We don't need to vote on that. I don't think we need uh that this concludes our meeting tonight. Is there anything that we need to before we adjourn? I just want to inform you that Mr. Madera said we got to stay till 8:00 if we want to get paid.

Okay. I I need a motion to adjourn.

So move motion to adjurnn.

Second that motion.

All in favor? I I thank you. We don't get [sighs]