HomeMy Public PortalAbout14-16 Morse St_DECISION_201505041354087964TOWN OF WATERTOWN
Zoning Board of Appeals
Administration Building
149 Main Street
WATERTOWN, MASSACHUSETTS 02472
Melissa M. Santucci Rozzi, Chairperson
David Ferris, Clerk
Christopher H. Heep, Member
John G. Gannon, Member
Kelly Donato, Member
Neeraj Chander, Alternate
Zoning Board of Appeals
Decision
Telephone (617) 972-6427
Facsimile (617) 926-7778
www.watertown-ma.gov
Louise Civetti, Clerk to the ZBA
On March 25, 2015, with four (4) members of the Zoning Board of Appeals present, case # ZBA-2015-04-
SPA, a Special Permit Amendment, was heard. The following is the decision of this board.
CASE #:
SUBJECT PROPERTY:
Parcel ID #
ZONING DISTRICT:
PETITIONER & OWNER:
ZONING RELIEF SOUGHT:
SPECIAL PERMIT GRANTING AUTHORITY:
STAFF RECOMMENDATION:
PLANNING BOARD RECOMMENDATION:
ZONING BOARD OF APPEALS DECISION:
DATE FILED WITH TOWN CLERK:
1. PUBLIC NOTICE (M.G.L. CH. 40A, §11)
A. Procedural Summary
ZBA-2015 -04
14-16 Morse Street
11140
Two Family ("T") Zone
Margaret E. Cloherty, R.E.
Special Permit Amendment per §5.02(d) and as defined in
§2.35 Home Occupation
Zoning Board of Appeals
Conditional Approval, March 3, 2015
Conditional Approval, March 11, 2015
Conditional Approval, March 25, 2015
April 2, 2015
Petition ZBA-2015-04 was heard by the Zoning Board of Appeals on March 25, 2015. . As required
by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice was given as follows:
• Publish in the newspaper of record (Watertown Tab) on March 6 and March 13, 2015;
• Posted at the Town Administration Building and on the Town's Website on February 25, 2015;
• Mailed to Parties in Interest on February 25, 2015.
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14-16 Morse Street April 2, 2015
ZBA 2015-04 SP Zoning Board of Appeals Decision
B. Legal Notice
"14 Morse Street
Margaret E. Cloherty, R.E., 14-16 Morse Street, Watertown, MA 02472, herein requests the Zoning
Board of Appeals grant a Special Permit Amendment in accordance with Watertown Zoning Ordinance
§5.02(d) Home Occupation, so as to allow an approved Home Occupation (Electrolysis) to modify its
hours from Saturdays, gam-10pm to Tuesday -Saturday 9am-5:30pm. "T" (Two Family) Zoning District.
ZBA-2015-04"
DESCRIPTION
C. Site Characteristics
The subject property is approximately 6,969 square feet in size and contains an existing two-family
residence with an existing Home Occupation, approved in 1970. The driveway and parking are located
along the side yard. As a two-family house, the subject property must have at least two parking spaces
per unit (§6.01— Required Off -Street Parking Spaces). Given the length of the driveway and the
freestanding garage at the rear, the property meets this requirement in addition to space to park
additional vehicles if necessary.
D. Surrounding Land Use
The site is within the Two -Family ("T") Zoning District. Reflective of the underlying zoning, the property
is surrounded by other two-family homes.
E. Nature of the Request
The Petitioner proposes to Amend the original Special Permit granted in 1970, by modifying the days
and hours of operation from Saturday, gam-10pm only, to Tuesday through Saturday, 9am-5:30pm. No
changes are proposed to the exterior of the structure.
F. Public Comment
Connie Cristo, 66 Morse Street, stated that the petitioner has been operating at the residence for 40
years without a complaint and the hours are only for the clients' choice and convenience. There is no
waiting line and no swamping of her business. Ms. Cristo also stated that, if a client parks on the street,
it should be okay, since it's 3 doors down from a main street with several business on Galen Street and
everyone parks on Morse Street for those businesses.
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14-16 Morse Street April 2, 2015
ZBA 2015-04 SP Zoning Board of Appeals Decision
II. FINDINGS
§9.05 Conditions for approval of a Special Permit
1. Is the specific site an appropriate location for such a use?
Met with Conditions The proposed use is allowed by Special Permit in the T -Zoning District so long as it
meets the requirements for Home Occupation as defined in §2.35 of Watertown's Zoning Ordinance
(WZO). The criteria is met in that the proposed use:
a) Is incidental and secondary to the residential use of the building. This is an existing Home
Occupation granted in 1970 and is Accessory to the primary residence of the applicant;
b) Does not change the essential residential character of the use with no exterior
alterations/buildings not customary with residential use. No exterior alternations are planned
by the Applicant as part of the Amended days and hours;
c) Is carried on solely by the residents of the dwelling. The property serves as the applicant's
primary residence and has no employees;
d) Is no more than 25% of the total floor area of the dwelling. The use occurs in a separate office
located on the third floor of the dwelling as it was approved in 1970. No changes are proposed
to the area used for the Home Occupation.
e) Is not visible from any other residential structure/with no outside storage of
equipment/materials. The use occurs solely in the residence and is not visible from the
exterior.
f) Does not produce offensive noise, odor, smoke, dust, heat, glare, excessive traffic, or other
objectionable effects. The existing use does not produce any of the above and would be
consistent with this section.
g) Would not significantly increase the average daily trips (ADT)1 generated by the residence.
Conditions established in the original permit would limit to no more than two (2) clients at the
residence at any given time, thereby limited the impact of any increase trips.
h) Is not a specifically identified use not allowed. The use is existing and was previously approved
in 1970. No changes to the use other than days and hours is proposed.
The proposal would involve clients parking in the driveway. Based on the length of the driveway, there
is sufficient space to park the required number of vehicles on site for all uses on the property.
' ADT for a single-family residence is 10 trips per day, inclusive of visitor trips, but different families would create a
different set of actual trips.
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14-16 Morse Street April 2, 2015
ZBA 2015-04 SP Zoning Board of Appeals Decision
2. Will the use as developed adversely affect the neighborhood?
Met: Given the conditions and findings in the original permit and that there is sufficient space for clients
to park off-street and the proposed hours would restrict clients after 5:30pm, the use would not
adversely affect the surrounding neighborhood.
3. Will there be a nuisance or serious hazard to vehicles or pedestrians?
Met: As proposed, there would be no nuisance or hazards to pedestrians walking along Morse Street or
to vehicles passing by. The use is within the structure and no noise or odors would be associated with
the use. There are no other indications of nuisances.
4. Are adequate and appropriate facilities provided for the proper operation of the proposed use?
Met: The proposed use would not require any remodeling of the exterior or the interior of the structure.
As proposed, there appears to be adequate separate space for the operation of the Accessory Use.
III. RECOMMENDATION:
Planning Staff and the Planning Board (5-0) recommends Conditional Approval of the requested Special
Permit as it meets the criteria set forth in the Watertown Zoning Ordinance.
IV. ZONING BOARD OF APPEALS
Member Gannon was concerned with the total number of hours being requested as he stated, 42.5
hours is full time, not part-time. However, the petitioner assured Mr. Gannon that she only sees a very
limited number of clients — at the most 10 a week.
Member Heep requested that a painted, dedicated parking space be reserved in the rear left side of the
driveway for clients so as not to impose on the tenants of the second floor.
Member Ferris asked if the garage is used only by tenants. The petitioner stated that her relative uses
the garage on occasion.
Member Heep motioned to approved the amendment as requested with the three conditions added this
evening. Member Donato seconded. Voted 4-0 with Members Ferris, Gannon, Heep and Donato voting
in the affirmative. Members Santucci Rozzi and Chander absent.
V. CONDITIONS
The table below lists the conditions of approval including timeframes for compliance:
#
Condition
Timeframe for
Compliance
To be
Verified by
1.
The Control Plans shall be: "Site Plan," dated February 6, 2015
Perpetual
ZEO/ISD
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14-16 Morse Street
ZBA 2015-04 SP
April 2, 2015
Zoning Board of Appeals Decision
#
Condition
Timeframe for
Compliance
To be
Verified by
2.
Neither the Petitioner nor any present or future owner of any interest
in the project shall change or modify the Control Plans referenced in
this decision, or the project itself, without first filing a formal request
with the DCDP, Zoning Enforcement Officer, and Building Inspector, for
an opinion as to whether or not such change or modification requires
further review from the Granting Authority. Minor modifications,
which are found to be consistent with the project approval granted by
the Granting Authority, may be considered and approved by DCDP
Director.
Perpetual
ZEO/ISD
3.
Prior to implementation of the modified hours, the Petitioner shall
provide evidence to the Zoning Enforcement Officer that this entire
decision has been filed with the Registry of Deeds.
Prior to
increased
days/hours
ZEO
4.
The Petitioner shall comply with all other applicable local, state, and
federal requirements, ordinances, and statutes.
Perpetual
ZEO/ISD
5.
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.
Perpetual
ZEO
6.
Specifically, the Accessory Use/Home Occupation (Electrolysis Office)
shall:
A. Have no employees/staff other than the petitioner;
B. Have no more than 2 clients at the residence at any given
time;
C. Only be allowed to operate Tuesday -Saturday, 9:00 AM to 5:30
PM, and where the last scheduled appointment shall be 5:00
PM;
D. Shall be allowed to operate only in the existing office space
located on the second floor; and
E. Have no signage on site advertising the Home Occupation,
except as approved under separate permit consistent with the
Watertown Zoning Ordinance.
Perpetual
ZEO
7.
This Permit shall expire upon abandonment of the use or when the
intent of the Petitioner to discontinue the use is apparent, and/or
when the Petitioner vacates the property.
Perpetual
ZEO
8.
The building shall be inspected by the Building Official for building
code compliance within 90 days of the herein decision.
BP
ISD
9.
The Petitioner shall dedicate a parking space for client use by painting
or placing a permanent sign in the rear driveway for one space
Perpetual
ZEO
10.
The Petitioner shall be limited to 30 clients per week.
Perpetual
ZEO
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14-16 Morse Street April 2, 2015
ZBA 2015-04 SP Zoning Board of Appeals Decision
By the Zoning Board of Appeals:
Melissa M. Santucci Rozzi, Chair (Absent)
David Ferris, Clerk
Christopher H. Heep, Member
John G. Gannon, Member
Kelly Donato, Member
Neeraj Chander, Alternate (Absent)
Attest, by the Clerk to the Zoning Board of Appeals:
Louise A. Civetti
****************************************************************************
THE COMMONWEALTH OF MASSACHUSETTS
Certificate of Granting
Massachusetts General Laws Chapter 40A, Section 11
The Zoning Board of Appeals calls to the attention of the owner or petitioner of the above
referenced decision, that MGL c. 40A, sec. 11 (last paragraph) provides that no Variance,
Special Permit, Special Permit Finding or any Extension, Modification or Renewal thereof, shall
take effect until a copy of this decision bearing the Certification of the Town Clerk that twenty
days have elapsed since the filing of said decision and no appeal has been filed or that if such
appeal has been filed that it has been dismissed or denied, is recorded in the Registry of Deeds
for the County and District in which the land is located and indexed in the grantor index under
the name of the owner of record or is recorded and noted on the owner's certificate of title.
Twenty days have elapsed since the filing of said decision and no appeal has been filed or that if such
appeal has been filed that it has been dismissed or denied:
Attest, by the Town Clerk:
Date:
Received and entered with the Register of Deeds in the County of Southern Middlesex.
Attest, Register of Deeds: Book Page
This Decision to be recorded by the Land Owner.
The owner or petitioner shall pay the fee for such recording or registering.
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