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Home My Public Portal About75 Nyack St_PB Report_201306190926488493TOWN OF WATERTOWN Department of Community Development and Planning PLANNING BOARD Administration Building 149 Main Street Watertown, MA 02472 Phone: 617-972.6417 Fax: 617-972-6484 www watertown-tna.gov PLANNING BOARD REPORT Board Members: John B. Hawes, Jr., Chairman Linda Tuttle -Barletta Jeffrey W. Brown Fergal Brennock Neal Corbett On June 12, 2013 with five (5) members of the Planning Board (the Board) present, case # ZBA- 2013-12 SPF, a Special Permit Finding to be heard by the Zoning Board of Appeals on June 24, 2013, was considered. The Board submits the following report, as requested, to aid the Zoning Board of Appeals in deciding the application before it. CASE #: SUBJECT PROPERTY: PARCEL ID#: ZONING DISTRICT: OWNER/PETITIONER: ZONING RELIEF SOUGHT: SPECIAL PERMIT GRANTING AUTHORITY: STAFF RECOMMENDATION: PLANNING BOARD MEETING: DATE OF PLANNING BOARD REPORT: ZONING BOARD OF APPEALS HEARING: ZBA-2013-12 SPF 75 Nyack St., Watertown, MA 503 34A 0 S-6 (Single -Family) Zoning District Frank & Traci Cosco, 75 Nyack St., Watertown Special Permit Finding §4.06(a) Alteration of Non -Conforming Structure Zoning Board of Appeals Conditional Approval, June 4, 2013 June 12, 2013 (5-0 recommending conditional approval) June 19, 2013 Scheduled June 24, 2013 Page 1 of 5 75 Nyack Street June 19, 2013 ZBA-2013-12 SPF Planning Board Report I. PUBLIC NOTICE (M.G.L. C. 40A, 11) A. Procedural Summary Petition ZBA-2013-12 SPF was heard by the Planning Board on June 12, 2013 and is scheduled to be before the Zoning Board of Appeals on June 24, 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 06/07/2013 and 06/14/2013; • Posted at the Town Administration Building and on the Town Website on 5/29/2013; and, • Mailed to Parties in Interest on 05/29/2013. B. Legal Notice "Frank & Traci Cosco, 75 Nyack Street, Watertown, MA 02472 herein request 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 42'6" x 31 '1 " second floor addition, encroaching 1.33' into existing non -conforming front yard setback, proposing 21.71 ', where 25' is required. S-6 (Single Family) Zoning District. ZBA-2013-12 " IL DESCRIPTION A. Site Characteristics The subject property is a level 9,268 square foot lot on Nyack Street with a ranch -style single-family house built in 1953. The house has an enclosed covered front entry/mudroom and the entire front facade is brick. The property has an 18' wide driveway along the southwesterly side yard that provides parking and accesses to a rear yard detached two -car garage. B. Surrounding Land Use Located in West Watertown in the S-6 (Single -Family) zone, the neighborhood consists of mostly single- family homes built primarily between 1925 and 1949. View from southeast on Nyack View from southwest on Nyacki Page 2 of 5 75 Nyack Street June 19, 2013 ZBA-2013-12 SPF Planning Board Report C. Nature of the Request The Petitioner requests a Special Permit Finding to build a 42'6" x 31' 1"second floor addition upon a non -conforming one-story single-family structure where the existing setback to the enclosed entry is 19.04' and where the required setback is 22.7'. The proposed second floor front yard setback is 21.7'. III. PUBLIC COMMENTS No comments were received at the time of this report. IV. FINDINGS A. Plan Consistency Existing plans do not specifically address development within Watertown's residential neighborhoods. 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 19.04' front yard setback. The expansion will alter the house's appearance but creates an appropriate Garrison Colonial style for the neighborhood. Although the changes will be noticeable, it will still fit with the neighboring properties and will not increase any non -conforming aspects of the structure. The proposal will not conflict with the surrounding uses. V. STAFF AND PLANNING BOARD RECOMMENDATIONS Staff and the Planning Board finds that the petition meets the criteria set forth under §4.06(a) and with the general purpose of the Ordinance outlined in § 1.00 of the WZO and recommends conditional approval of the requested Special Permit Finding (5-0 for approval). Page 3 of 5 75 Nyack Street ZBA-2013-12 SPF June 19, 2013 Planning Board Report VI. CONDITIONS # Condition Timeframe for Compliance To be Verified by 1 Control Plans. The Control Plans shall be: Plan of Land, Watertown, MA Showing Proposed 2nd Floor Addition at 75 Nyack by Bibbo Brothers & Associates, 4/18/2013 and Plan Set titled Home Addition, 75 Nyack St, Watertown, MA: EX -1, Existing Floor Plans and Demo Plan; EX -2, Existing Exterior Elevations; A-1, Proposed 1st and 2nd Floor Plans; A-2, Proposed Exterior Elevations; A-3, Cross Section; and, A-4, Framing Plans, all by JK Development Group, dated 3/3/2013 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 thereof has not sooner 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. 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