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Home My Public Portal AboutFinal Staff Report for 216 Highland Ave_201405121548155555Town 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: ZONING RELIEF SOUGHT: SPECIAL PERMIT GRANTING AUTHORITY: DATE OF STAFF REPORT: STAFF RECOMMENDATION: DATE OF PLANNING BOARD MEETING: DATE OF ZBA MEETING: ZBA-2014-13 SPF 216 Highland Avenue 623 13 74 S-6 (Residential) Zoning District Lorraine and Kevin Seacrist Special Permit Finding §4.06(a) Alteration/Addition to Non -Conforming Structure, Front Yard Setback Zoning Board of Appeals April 28, 2014 Conditional Approval May 14, 2014 May 28, 2014 Page 1 of 5 216 Highland Avenue ZBA-2014-13 SPF April 28, 2014 Staff Report I. PUBLIC NOTICE (M.G.L. c. 40A, X11) A. Procedural Summary Petition ZBA-2014-13 SPF is scheduled to be before the Planning Board on May 14, 2014 and the Zoning Board of Appeals on May 28, 2014. As required by M.G.L. c. 40A, Section 11 and the Watertown Zoning Ordinance, notice will be given as follows: • Publish in the newspaper of record (Watertown Tab) on May 9, 2014 and May 16, 2014; • Post at the Town Administration Building and on the Town Website on April 30, 2014; and, • Mailed to Parties in Interest on April 30, 2014. B. Legal Notice "Lorraine and Kenneth Seacrist, 216 Highland Avenue, 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 Structure; Front Yard Setback, so as to construct a second story where an attic now exists, maintaining non -conforming front yard setback (Gleason Street) of 24.1 ' — 24.3', where 25' is required. S-6 (Single Family) Zoning District." IL DESCRIPTION A. Site Characteristics The subject property is a 0.152 acre (6,621 square foot) lot on Highland Avenue with a 1958 two-story Cape style single-family structure. According to the Permit Application, "Per the original house recording, Gleason Street, is the `Front Yard, ' not Highland Avenue." The Application also states that this orientation was used for a prior addition and was confirmed by the Zoning Administrator. Off-street parking (driveway) and the attached garage is located within the northerly 24.3 -foot front yard. The rear yard has a deck. The property is currently nonconforming regarding the front yard (east) setback. It is 24.1 feet at the front yard, where 25 feet is required. The Application states a portion of the "existing East gable wall is less than 9 inches in non-compliance with the [required] 25 foot setback. The wall will...be raised approximately one-half story to provide a full second floor. " The subject property is otherwise conforming based on the Table of Dimensional Regulations at §5.04 with respect to all criteria in the Table except for the front yard setback. Facade from Highland Avenue Facade to be altered by proposed addition Page 2 of 5 216 Highland Avenue ZBA-2014-13 SPF April 28, 2014 Staff Report B. Surrounding Land Use Located in the S-6 (Residential) Zoning District, the subject property sits on the corner of Highland Avenue and Gleason Street. According to the Permit Application, "Per the original house recording, Gleason Street, is the 'Front Yard,' not Highland Avenue." The Petitioner's property is surrounded by other parcels zoned S-6 (Residential). It is across Highland Avenue from Ridgelawn Cemetery, which is zoned OSC (Open Space/Conservancy), as shown on the excerpt from Watertown's GIS maps (see page 5). Following Highland Avenue in a westerly direction, away from the subject parcel, it intersects with Partridge Street, Emerson Road and Longfellow Road, to the border with the Town of Waltham. According to a site visit conducted by Community Development & Planning (DCDP) staff on 4/24/14, the neighborhood consists of a range of housing styles and heights. C. Nature of the Request The Petitioner is requesting a Special Permit Finding to build a new addition by raising the height of an existing wall one half story, to complete a full second floor. The proposal requires a Special Permit Finding §4.06(a) to alter an existing non -conforming structure by extending the structure within the existing nonconforming 24.1 -foot front yard setback where 25 feet is required. III. FINDINGS A. Plan Consistency Existing Comprehensive Plans do not specifically address development within Watertown's residential neighborhoods. This use in a residential neighborhood is 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." Conditionally Met: The proposed half -story addition would not be substantially more detrimental to the neighborhood than the existing condition. The addition will increase the area of the house by approximately 10 square feet (See Control Documents/Plans, Cover Sheet, A-0, Lot Coverage table) which is minimal. Similarly, the proposed addition will increase the structure's lot coverage from 20.1% to 20.3%. The proposed one-half story will extend the nonconformity by approximately 9 inches towards the front yard setback but does not infringe the side or rear yard setbacks. IV. STAFF RECOMMENDATIONS DCDP staff recommends conditional approval of the requested Special Permit Finding §4.06(a) as it meets the necessary criteria as set forth in Watertown's Zoning Ordinance. Page 3 of 5 216 Highland Avenue ZBA-2014-13 SPF April 28, 2014 Staff Report V. CONDITIONS # 1 Condition 1 I Timeframe for Compliance To be Verified by 1 Control Plans. The Control Plans shall be the Plan Set entitled "House Addition and Remodel: 216 Highland Avenue; JK Development Group, P.O. Box 292, Dunstable, MA, Sheets A-0 to A-1, dated 4/14/14" and Plot Plan dated 4/11/14 A. Sheet A-0: Cover Sheet House Addition and Remodel B. Sheet A-1: Existing/Proposed Exterior Elevations (North & East) C. Sheet A-2: Existing/Proposed Exterior Elevations (South) D. Sheet A-3: Existing/Proposed Floor Plans (First/Second Floor) E. Sheet A-4: Existing/Proposed Basement Plans F. Sheet A-5: Proposed Cross Sections and Framing Plans G. Plot Plan by Edward J. Farrell, Professional Land Surveyor 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 and/or Land Court. 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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