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HomeMy Public PortalAbout33 Robbins Road Staff Report_FINAL_201408081234217802Town 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-2014-19 SPF 33 Robbins Road 1109 16 21 S-6 (Single -Family) Zoning District John C. Bartley Special Permit Finding §4.06(a) Alteration of a Non -Conforming Use and Buildings/Structures; Extension of a Non -Conforming Garage Zoning Board of Appeals July 21, 2014 Conditional Approval Scheduled August 13, 2014 Scheduled August 27, 2014 Page 1 of 6 33 Robins Road ZBA-2014-19 SPF July 24, 2014 Staff Report I. PUBLIC NOTICE (M.G.L. c. 40A, 11) A. Procedural Summary Petition ZBA-2014-19 SPF is scheduled to be before the Planning Board on August 13, 2014 and the Zoning Board of Appeals on August 27, 2014. As required by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice will be given as follows: • Publish in the newspaper of record (Watertown Tab) on August 8, 2014 and August 15, 2014; • Post at the Town Administration Building and on the Town Website on July 30, 2014; and, • Mailed to Parties in Interest on July 30, 2014. B. Legal Notice "33 Robbins Road - John C. Bartley, 33 Robbins Road, 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; Accessory Structure, Side and Rear Yard Setbacks, so as to enlarge a 297 sf single -car garage, maintaining non -conforming side yard setback at 3.1', where 5' is required and maintaining existing non -conforming rear yard setback at 3.8' — 4.2', where 5' is required for a new 528 sf two -car garage and further removing porch roof from rear of house to meet minimum open space requirement. S-6 (Single Family) Zoning District. ZBA-2014-19" II. DESCRIPTION A. Site Characteristics The subject property is a 6,367 square foot parcel on Robbins Road containing a non -conforming two- story single-family Dutch Colonial style house with a non -conforming detached single -car garage constructed in 1928. The lot is non -conforming in frontage (width), having 53 feet where 65 feet is required. The dwelling is also non -conforming with respect to side yard setbacks, for the S-6 Zoning District, having 7.3 feet to the left of the dwelling where the driveway is located, where 12 is required, and to the right of the dwelling, having 5.9 feet, where 10 feet is required per Section 5.04(e), Table of Dimensional Regulations. The garage is also non -conforming, being located 3.1 feet from the left side yard and 3.8 feet from the rear yard, where 5 feet is required for both setbacks per Section 4.03(d), Accessory Uses. Subject Property View of Garage to Be Replaced Page 2 of 6 33 Robins Road ZBA-2014-19 SPF July 24, 2014 Staff Report Roof on Porch to be Removed Side View of Vegetation Next to Garage to be Removed B. Surrounding Land Use Located in the S-6 (Single -Family) Zoning District, the property abuts a mix of primarily single-family residences. C. Nature of the Request The Petitioner requests a Special Permit Finding from the Zoning Board of Appeals to alter and extend the existing non -conforming single -car garage, which is currently 13.5 feet wide, by 19.5 feet deep, and 13.5 feet high, maintaining the existing non -conforming left side and rear walls. The garage is non- conforming with respect to the side yard setbacks, having less than the required 5 feet. The expanded garage would be 24 feet wide by 22 feet deep (528 s.f.)with a height at the peak of the pitched roof of 17 feet. (Note that Petitioner's Plans & Elevations, Drawing A-1 shows a building that is 24 feet by 22 feet). The proposal requires a Special Permit Finding under §4.06 (a) to alter an existing non -conforming structure by extending /enlarging the existing non -conforming garage, maintaining the rear wall, and extending the non -conformity from 13.5' to 24' and extending the side yard nonconformity by extending the garage from 19.5 feet to 22.0 feet. The project will retain the existing side and rear walls and extend each wall. D. Public Comments The Petitioner submitted a form letter dated July 2014 with the Application with signatures of persons with Robbins Road and Barnard Avenue addresses. With regard to this letter, the Petitioner states "1 have met with abutters and their abutters, and have shown them my plans and they have been supportive of my project. They have signed a petition expressing that support..." III. FINDINGS A. Plan Consistency Existing plans do not specifically address development within Watertown's residential neighborhoods. Single-family uses in residential neighborhoods are generally in keeping with the vision and strategies of Watertown's relevant plans. Page 3 of 6 33 Robins Road ZBA-2014-19 SPF July 24, 2014 Staff Report B. Special Permit Finding §4.06(a) In accordance with Section 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." Met: The proposed partial removal of the existing non -conforming accessory garage, which the Petitioner proposes to accomplish by retaining two walls, with a subsequent enlargement, would not be substantially more detrimental to the neighborhood than the existing condition. The design is in keeping with the architecture of the house and will blend in with the neighborhood. At the time, if the Petitioner is allowed to reconstruct and enlarge the accessory garage, the amount of resulting building coverage would exceed the maximum 25% stipulated by the Section 5.04, Table of Dimensional Regulations. In order to remain below the 25% maximum for the S-6 zoning district, the Petitioner has committed in the Application to remove the roof on the rear porch, as roofed porches contribute to the calculation of building coverage, while unroofed porches do not (See Building Coverage at §2.11). The roofed rear porch is shown in the site photos. IV. STAFF RECOMMENDATIONS Staff recommends conditional approval of the requested Special Permit Finding under §4.06(a) as it meets the necessary criteria set forth in the WZO. Staff also recommends an additional condition that the Petitioner remove the roof on the rear porch so as to keep the maximum building coverage on the lot under the 25% maximum as required by §5.04, Table of Dimensional Regulations. Page 4 of 6 33 Robins Road ZBA-2014-19 SPF July 24, 2014 Staff Report V. CONDITIONS # Condition Timeframe for Compliance To be Verified by 1 1. Control Plans. The Control Plans shall be: Topographic Site Plan, Watertown Massachusetts, by VTP Associates, Inc. dated 5/9/14, latest revision 7/15/14 2. Plans and Elevations, Sheet A-1, by Avo Asdourian, dated 6/25/14 3. Foundation and Framing Plans, Sheet A-2, by Avo Asdourian, dated 6/25/14 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. As-Built(s). The Petitioner shall submit a certified "as -built" foundation plot plan showing all dimensional setbacks at the time of foundation inspection. BP ZEO/ISD 5. Codes/Regulations Compliance. The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. CO ZEO/ISD 6' 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 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 good7. 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 8. Covered Porch. The roofing material of the rear porch shall be removed so as to bring the lot into compliance with Section 5.04, Table of Dimensional Regulations, and shall maintain a lot coverage of not more than 25%. CO/Perpetual ZEO/ISD Page 5 of 6 305 5 15 431 '0147 '472-70 34019 10 1150 15 61 6130 0129 0 111010E0 3'I]t113u 0 1159236 71707615 + IM tt1 7fi W #62 #65 1111 1006 0 110 21 10170R9 S1 0 11507562 ,1[f *83 1111 13C 3 tj #125 - 47105516 1110173 74112 `C 1150111 #58680 Xi 15 (y 458 2 arfip. 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