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Home My Public Portal About90_Westminster_Staff_Report_201305061017456315Town of Watertown Department of Community Development and Planning STAFF REPORT This Staff Report is a technical analysis of the submitted application material and the required findings of the Watertown Zoning Ordinance. It is based only upon information submitted prior to the public hearing and may be revised or updated with new recommendations, findings and/or conditions as new information is obtained by Planning Staff during the public hearing process. CASE #: SUBJECT PROPERTY: PARCEL ID#: ZONING DISTRICT: OWNER/PETITIONER: AGENT: ZONING RELIEF SOUGHT: SPECIAL PERMIT GRANTING AUTHORITY: DATE OF STAFF REPORT: STAFF RECOMMENDATION: DATE OF PLANNING BOARD MEETING: DATE OF ZBA MEETING: ZBA-2013-09 SPF 90 Westminster Avenue, Watertown, MA 350-68-181 T (Two -Family) Zoning District Michael Bedig, Trustee, 90 Westminster Avenue, Watertown, MA Carl Dumas, Kneeland Construction Special Permit Finding §4.06(a) Alteration of Non -Conforming Structure Zoning Board of Appeals April 30, 2013 Conditional Approval Scheduled May 8, 2013 Scheduled May 22, 2013 Page 1 of 5 90 Westminster Avenue ZBA-2013-09 SPF April 30, 2013 Staff Report I. PUBLIC NOTICE (M.G.L. c. 40A, 11) A. Procedural Summary Petition ZBA-2013-09 SPF is scheduled to be before the Planning Board on May 8, 2013 and the Zoning Board of Appeals on May 22, 2012. As required by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice was given as follows: • Published in the newspaper of record (Watertown Tab) on 05/03/2013 and 05/10/2013; • Posted at the Town Administration Building and on the Town Website on 4/24/13; and, • Mailed to Parties in Interest on 4/24/13. B. Legal Notice "90 Westminster Avenue -Michael Bedig, 90 Westminster Avenue, Watertown, MA 02472 herein requests the Zoning Board of Appeals grant a Special Permit Finding in accordance with Watertown Zoning Ordinance §4.06(a), Alterations to Non -Conforming Structures, so as to construct a 13x26' second floor addition over existing non -conforming structure, with 8' on both sides, where 12' on northerly side and 10' on southerly side is required. T (Two -Family) Zoning District. ZBA-2013-09." IL DESCRIPTION A. Site Characteristics The subject property is a 4,000 s.f. lot with 40' frontage on Westminster Avenue on which is located a 1 '/2 story, single-family house. A one -car garage sits at the rear of the property accessed by a northerly side yard driveway. The property is nonconforming in regards to the lot size, frontage, front setback and both side yard setbacks. View of house from Westminster Ave. View from side of house Page 2 of 5 90 Westminster Avenue ZBA-2013-09 SPF April 30, 2013 Staff Report B. Surrounding Land Use Located in the T (Two -Family) Residential Zoning District, the neighborhood has a mix of one and two family residential development adjacent to the site. A vacant lot with a garage abuts the site to the north. The Middle School is located to the east across Westminster Avenue. C. Relevant Permit History ZBA #99-6 SPF - A Special Permit Finding was granted in April of 1999 and was subsequently modified in December of 1999. The project allowed the construction of an 18'x26' second floor "dormer" within the existing non -conforming setbacks. D. Nature of the Request The project proposes to expand the previously approved gable -roofed 2nd floor "dormer" by extending it to the rear exterior wall of the house. The addition would be 13'x26' and would contain one bedroom located on the second floor above the existing kitchen. The eaves of the existing first floor hip -roof would be preserved around the entire house. The proposal requires a Special Permit Finding §4.06 (a) to extend the second story within the existing non -conforming 8' northerly side yard and 8' southerly side yard where 10' and 12' is required. III. FINDINGS A. Plan Consistency Existing plans do not specifically address development within Watertown's residential neighborhoods but single-family use in residential neighborhoods is generally in keeping with the vision and strategies of relevant plans. B. Special Permit Finding &4.06(a) In accordance with §4.06(a), pre-existing non -conforming structures or buildings may be extended or altered provided that the Board makes the finding under §4.06(a) that "such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming use, structure or building to the neighborhood." The proposed addition would not be substantially more detrimental to the neighborhood than the existing condition. The project will not increase the building coverage or the existing side yard setbacks. The expansion of the second floor will create minor changes to the appearance of the house from the street but will not noticeably alter the existing condition or non -conforming aspects of the structure. The addition will provide an improvement in the usability of the interior areas of the second floor and will help improve the unbalanced look of the current second floor addition, although the design does not fit with the architectural style of the original bungalow. The proposal does not substantially diminish views from neighboring properties and is in keeping with surrounding uses. IV. STAFF RECOMMENDATIONS Staff recommends conditional approval of the requested Special Permit Finding §4.06(a) as it meets the necessary criteria set forth in the WZO. Page 3 of 5 90 Westminster Avenue ZBA-2013-09 SPF April 30, 2013 Staff Report V. CONDITIONS # 1 Condition 1 1 Timeframe for Compliance To be Verified by 1 Control Plans. The Control Plans shall be: "Bedig Residence" Sheets A-01, Existing First Floor Plan; A-02, Existing and Proposed Second Floor Plan; A-03, Framing Plan; A-04 — A-05, Existing and Proposed Front, Rear and Side Elevations by Kneeland Construction Corporation, dated 3/22/13 and Northern Associates, Inc. Mortgage Survey Plan, dated 5/9/96. BP, Perpetual ZEO/ISD 2. Plan Modifications. Neither the Petitioner nor any present or future owner of any interest in the project shall change or modify either the control plans referenced in this decision, or the project itself, without first filing a formal request with the DCDP for an opinion as to whether or not such change or modification requires further review from the Granting Authority. Minor modifications may be considered and approved by the DCDP Director if found to be consistent with the original project. CO ZEO/ISD 3' Recordation. Upon application for a Building Permit, the Petitioner shall provide evidence to the Zoning Enforcement Officer that this entire decision has been filed with the Registry of Deeds. BP ZEO 4. Codes/Regulations Compliance. The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. CO ZEO/ISD 5' Certificate of Occupancy/Final Inspection. A copy of the Building Permit with final approval signatures from all relevant inspectors must be submitted to the Zoning Enforcement Officer upon completion of the project. CO ZEO 6 Permit Expiration. In accordance with WZO §9.13, a special permit granted under §9.04 shall lapse one year from the date of grant thereof if substantial use has not commenced except for good cause, or, in the case of a permit for construction, if the construction has not begun by such date except for good cause, or as allowed by applicable State or Federal law. Perpetual ZEO Page 4 of 5 V .9517 #109 16 Thc data shown on this s ite arc Provided for in formational and planning purposes MIT. Thc 9�S Town and ha consultants are not `` �I 1 responsible for the misu se or mil V ysr mairepfesentation of the data. 1 _ 349 62 74] �#9.6J 349 p5::„.. .7 #90 349 66 78 #86 349 67 79 #82 349 68 80 35_019 A 0 350j1B?131 X350101 3 • -#95=95A 350 971— 350671B0 R▪ . �_-#91-93 r#78 Q 3508121 50 81 ....1 #97 __ #90 969 1 #t4 L4 _350 7i. 20 350 69482 �, 82 �#83�5 #86` ❑ �'350fi119 35D I it 4/ ; ` -#79'-81 A. co 350 5 18 S1D 1090 90 Westminster Avenue Prin ted on 05rn1 f$013 at 03 O5 PM 51 12 326 #115 351J7 321 52 2 288 31 7 511315 #25 352 6 298 Watertown Middle . 352 7 302 w 1� I mmnray me an u 1:1 tsr aern ;a; lymm vs wr.w u.11.0 r .m. SM Hr.. ddS 60-£I0Z-VHZ 211u2AV Ja2suiuz3sOM 06