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HomeMy Public PortalAbout31 Grandview - ZBA Recorded DecisionTOWN 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.waterown-ma.gov Louise Civetti, Clerk to the ZBA On April 22, 2015, with four (4) members of the Zoning Board of Appeals (Board) present, case # ZBA-2015-08 SPF, a Special Permit Finding, was heard. The following is the decision of this board. CASE k: SUBJECT PROPERTY: PARCEL ID#; ZONING DISTRICT: OWNER/PETITIONER: ZONING RELIEF SOUGHT: SPECIAL PERMIT GRANTING AUTHORITY: STAFF RECOMMENDATION: PLANNING BOARD RECOMMENDATION: ZONING BOARD OF APPEALS DECISION: RECORDED WITH TOWN CLERK: ZBA-2015-08 SPF 31 Grandview Avenue 612356 44431 31 T (Two -Family) Zoning District Carol Spickler Special Permit Finding §4.06(a) Alteration of a Non - Conforming Buildings/Structures; Side Yard Setback Zoning Board of Appeals Conditional Approval Conditional Approval, April 8, 2015 Conditional Approval, April 22, 2015 May 6, 2015 4 CC - S'P r Q lc.1-e (Z CC ' W &' e )rn.A ©aL4Rt ATR COPYA'TTES1 412b cc' TOWN CLERK MAY 2 7 wmc 31 Grandview Avenue May 6, 2015 ZBA-2015-08-SPF Zoning Board of Appeals Decision PUBLIC NOTICE (M.G.L. C. 40A, 11) A. Procedural Summary Petition ZBA-2015-08 SPF was heard by the Zoning Board of Appeals on April 22, 2015. 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 April 3 and 10, 2015; • Posted at the Town Administration Building on March 25, 2015; and, e Mailed to Parties in Interest on March 25, 2015. B. Legal Notice "Carol spickler, 31 Grandview Avenue, Watertown, MA 02472 herein requests the Zoning Board of Appeals grant a Special Permit Finding in accordance with Watertown Zoning Ordinance, §4.06, Alterations to Existing Non -conforming Structures, Side Yard Setback, so as to construct a second story rear shed dormer, 6'x 32, maintaining the non -conforming easterly side yard setback of 6', where 12' is required. T (Two -Family) Zoning District. ZBA-2015-08" II. DESCRIPTION A. Site Characteristics The subject property is a 4,443 square foot (0.102 acre) parcel on Grandview Avenue containing a one and a half story single-family Cape style house, built around 1948 (Assessor's records) with a driveway. The lot is non -conforming in size (5,000 square feet is required) and with respect to both side yard setbacks. The building and lot has a 10 -foot setback on the westerly side (driveway side) where 12 feet is required. The easterly side yard setback is also non -conforming, having 6 feet where 10 feet is required. These requirements are all per Section 5.04 and 5.04(e), Table of Dimensional Regulations. B. Surrounding Land Use Located in the T (Two -Family) Zoning District, the property abuts a mix of single and two-family residences. The subject property is located one lot away from the Single Family (S-6) Zoning District, which begins on Chapman Street to the west. C. Nature of the Request The Petitioner requests a Special Permit Finding from the Zoning Board of Appeals to construct a second story, full shed dormer on the rear of the house maintaining the existing non -conforming easterly 6 -foot side yard setback, where 10 feet is required. This is shown on the Petitioner's Mortgage Inspection Plan and Existing and Proposed Floor Plans and Elevations. D. Public Comments The Board received a letter in support of this petition from Greg Papazian, 95 Chapman Street, a direct rear abutter. E. Relevant Permitting History According to DCDP, Zoning Board of Appeals, Assessor's records, 31 Grandview Avenue has the following permitting history: • 1948 or 1949: House constructed and owned by Joseph Duffy • 1992: Permit to replace two double -hung windows A TRIM COPY A`"iST cS Z 'MUM CLERK MAY 9 rt nip! c 31 Grandview Avenue May 6, 2015 ZBA-2015-08-SPF Zoning Board of Appeals Decision • 1992: Permit to install a 10 foot beam on the first floor between the kitchen & dining room • 2002: Permit to install windows, doors and stairs to a deck to the rear yard • 2004: Ownership changes to Carol Spickler The Planning Board found that none of these prior permits was relevant to the current Petition. III. FINDINGS A. Plan Consistency The Board found that this project provides an opportunity to improve and maintain an existing structure, consistent with the draft Comprehensive Plan language regarding preserving existing character of neighborhoods. 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 Board found that construction of the new rear shed dormer would not be substantially rnore detrimental to the neighborhood than the existing condition. This was evidenced in part by the surrounding single and two-family homes, several of which have similar rear shed dormers. IV. RECOMMENDATION The Planning Board (4-0) and DCDP staff recommend conditional approval. V. ZONING BOARD OF APPEALS The Board clarified that the roofline could not be moved in 6" to meet the required setback as the interior layout with requested headroom would not be achieved. Member Ferris motioned to accept the petition for a Special Permit Finding under §4.06(a), for the requested rear shed dormer, as it meets the necessary criteria set forth in the Watertown Zoning Ordinance. Member Donato seconded. Voted 4-0, with Members Santucci Rozzi and Chander voting in the affirmative. VI. CONDITIONS The table below lists the conditions of approval including tirnefrarnes for compliance: # Condition Timeframe for Compliance To be Verified by 1. Control Plans. The Control Plans shall be: 1. Mortgage Inspection Plan: 31 Grandview Avenue, Watertown, Mass, by Neponset Valley Survey Company, Inc. dated 12/18/04, stamped and signed by Stephen P. Desroche, Registered Professional Land Surveyor 2. Existing Floor Plans & Elevations, drawn by Mark S. McCarthy, Sheet EX -1, shows Existing Basement, First Floor and Second Floor Plans, and Existing Side and Rear Elevations, dated 2/20/15 3. Proposed Floor Plans & Elevations, drawn by Mark S. McCarthy, Pe petual ZEO/ISD TOWN CLERK MAY 2 7 9rt<e 31 Grandview Avenue ZBA-2015-08-SPF May 6, 2015 Zoning Board of Appeals Decision Condition Timeframe for Compliance To be Verified by shows Proposed Second Floor Plan, Proposed Dormer Section, Proposed Side and Rear Elevations, dated 2/20/15 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 S. 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. Perpetual ZEO By the Zoning Board of Appeals: A test, by the ;• to the Zoning Board of Appeals: L Melissa M. Santucci Rozzi, Chair David Ferris, Clerk Christopher H. Heep, Member John G. Gannon, Member Kelly Donato, Member Neeraj Chander, Alternate A TI COPY ATTBS7 C�� TO'MI CLERK MAY 27 5 31 Grandview Avenue May 6, 2015 ZBA-2015-08-SPF Zoning Board of Appeals Decision ********************** **uxK x xxx. * 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 ofrecord 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 Its been filed or that if such appeal has been filed that it has been dismissed or denied: f W Attest, by the Down Clerk: ` ' Date: 2 2075 Received and entered with' the Register of Deeds in the County of Southe*n Middlesex. s % book ' Page Attest, Register of Deeds: r11 '• .This Decision to be recorded by the Land Owner. The owner or petitioner shall pay the fee forsucliiecording or registering. A TRUE COPY A`fl uS e' TR MAY 2 7 2015