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HomeMy Public PortalAbout5_ZBA Decision_72 WinsorTOWN 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 Jason D. Cohen, 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 23, 2016, with five (5) members of the Zoning Board of Appeals (Board) present, case number ZBA-2016-01 a Special Permit/Home Occupation, was heard. The following is the decision by this Board. CASE #: ZBA-2016-01 SP SUBJECT PROPERTY: 72 Winsor Avenue Parcel ID # 1134 18 177 ZONING DISTRICT: Single Family (S-6) Zone PETITIONER: Diana Kierein ZONING RELIEF SOUGHT: Special Permit per §5.02(d) and as defined in §2.35 Home Occupation SPECIAL PERMIT GRANTING AUTHORITY: Zoning Board of Appeals STAFF RECOMMENDATION: Conditional Approval, March 3, 2016 PLANNING BOARD RECOMMENDATION: Conditional Approval, March 10, 2016 ZONING BOARD OF APPEALS DECISION: Conditional Approval, March 23, 2015 DATE FILED WITH TOWN CLERK: May 6, 2016 72 Winsor Avenue May 6, 2016 ZBA 2016-01 (SP) Zoning Board of Appeals Decision 1. PUBLIC NOTICE (M.G.L. CH. 40A, §11) A. Procedural Summary Petition ZBA-2016-01 was presented to the Zoning Board of Appeals on April 27, 2016, after being continued per Petitioner's request on March 23, 2016. As required by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice was provided as follows: • Published in the newspaper of record (Watertown Tab) on March 4, 2016 and March 11, 2016; • Posted at the Town Administration Building and on the Town Website on February 24, 2016; • Mailed to Parties in Interest on February 24, 2016. B. Legal Notice "Diana Kierein, LICSW, 72 Winsor Avenue, Watertown, MA 02472 herein requests the Zoning Board of Appeals grant a Special Permit in accordance with Watertown Zoning Ordinance, §5.02, Home Occupation, so as to allow a therapist practice in a residence. 5-6 (Single Family) Zoning District. ZBA- 2016-01" 11. DESCRIPTION A. Site Characteristics The subject property is 4,792 square feet (0.110 acres) in size, with a Colonial style, gable roofed, 2 - story, single-family house, built around 1927, with an exterior deck and a small shed to the back. The driveway and parking are located along the southerly side yard. In accordance with §6.01 — Required Off -Street Parking Spaces, a single-family house must have at least two parking spaces. The property meets this requirement as the existing driveway is at least 41' in length and 8.5' in width. The existing driveway width is compliant with §6.02(h) but does not have a landscape buffer. B. Surrounding Land Use The site is within the Single -Family (S-6) Zoning District. Reflective of the underlying zoning, the property is surrounded by other large, primarily single-family homes. Some are older, reflecting the historic settlement pattern of Winsor Avenue and surrounding streets. C. Nature of the Request The Petitioner proposes to convert part of an existing first floor Family Room (See Plans A901 and A101) into a psychotherapy office. No major changes are proposed to the exterior of the structure, although some windows will be replaced as part of the conversion of interior space to the office and a new bathroom. The use requires a Special Permit for a Home Occupation as a psychotherapy office. The Petitioner's application provides proposed hours for the Home Occupation, which on Monday, Tuesday, Thursday and Friday are three slots beginning at 6:00 PM and ending at 9:00 PM. The office would also offer appointments on Wednesdays beginning at 7:00 AM and ending at 9:00 PM and Saturday hours starting at 10:00 AM and ending at 2:00 PM. These hours have since been updated to reflect Monday through Friday, 7:00 AM through 9 PM with the last client beginning no later than 8:00 PM and leaving the premises by 9:00 PM and that there would be a limit of no more than 24 sessions per week. Page 2 of 7 72 Winsor Avenue May 6, 2016 ZBA 2016-01 (SP) Zoning Board of Appeals Decision The proposed hours indicate that there is a 10 -minute break between clients. Clients would enter and exit through a new rear entrance as shown on the plans, into a waiting area and the first floor office, with client parking provided in the driveway. The Petitioner states in the application that there would be "no exterior alterations and no accessory buildings for storage." The Petitioner also notes that her practice is limited to individuals and couples with family sessions occurring rarely. D. Public Comments The Zoning Board of Appeals received letters, petitions, telephone calls, emails, and hand written notes as well as listened to the public at their meeting in support and in opposition of this petition. The board notes that there were as many supporters of the petition as there were those in opposition. All comments are part of the record file of this decision. E. Relevant Permitting History According to Town records, 72 Winsor Avenue has the following relevant permitting history: • 1917/1919: A house and garage built on the property • 1985: Building Permit granted for a 8 foot by 18 foot rear addition • 1991: Permit granted to remove the one car garage (wooden structure) None of the previous permits materially affects this request for approval. 111. FINDINGS §9.05 Conditions for approval of a Special Permit 1. The specific site is an appropriate location for such a use, structure, or condition. Met with Conditions The Board found the proposed use is allowed by Special Permit in the S-6 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 shown below are met in that the proposed use: a) Is incidental and secondary to the residential use of the building. In this case, the Petitioner currently lives at the subject property and the proposal would use a small area of the first floor, formerly used as a family room. b) Does not change the essential residential character of the use with no exterior alterations/buildings not customary with residential use. Exterior alterations are minor and in keeping with the use as a single-family house with existing windows at the back of the dwelling being updated as part of the fit out of the new office and new bathroom. c) Is carried on solely by the residents of the dwelling except that no more than two non- residential employees may be allowed. In this case, the Petitioner lives and plans to continue to live at 72 Winsor Avenue. The Petitioner also clarified that she does not have employees. This is a sole proprietorship and she is the only clinician that will see clients in the Home Occupation. d) Is confined to no more than 25% of the total floor area of the dwelling. Based on the plans submitted, the new Home Occupation office, waiting area and bathroom comprise approximately 1/5th of the first floor, and well under 25% of the total floor area of the dwelling. e) Is not visible from any other residential structure/with no outside storage of equipment/materials. The client entrance will be at the back of the house and will be screened Page 3 of 7 72 Winsor Avenue May 6, 2016 ZBA 2016-01 (SP) Zoning Board of Appeals Decision from existing abutting dwellings by a row of plantings, a shed and a fence. f) Does not produce offensive noise, odor, smoke, dust, heat, glare, excessive traffic, or other objectionable effects. No nuisances were identified. g) Does not increase the average daily automobile trips generated by the residence in which the home occupation is located. With conditions, will not increase the average daily trips (ADT) generated by the residence. The Petitioner's application indicates she offers 50 -minute sessions with a minimum of 10 minutes between sessions. h) Is not a specifically identified use that is not allowed. The proposed psychotherapy practice is not a "clinic" within the prohibited uses listed in the definition of Home Occupation. 2. The use as developed will not adversely affect the neighborhood. Met: As proposed, the use will not adversely affect the neighborhood. Currently, the proposed client entrance faces the back of the property and Southerly Side Yard property line. The proposal would involve clients parking in the driveway. Based on the length and width of the driveway, there is insufficient space for three cars to be parked in a "stacked" configuration at this time. In addition, the site is non -conforming in regards to the required 4 -foot vegetated buffer along the existing driveway. As part of this request, the Petitioner is improving the existing condition by providing a vegetated buffer on the southwest side of the driveway, which will help obscure visiting clients from the abutting property. Currently, there are two parking spaces, (the Petitioner owns only one car) and the proposed plan could create a third space, if necessary. The third space would require a shift in the parking to the rear, which can be accommodated by moving the raised bed next to the house. The additional parking space would be created using a pervious surface. The Board found it was appropriate that the third parking space would not be necessary unless the Petitioner/owner has a second vehicle. Because of this, the Board found it was appropriate to condition the project such that the third space be a shadow space that would be required to be built only if needed. 3. There will be no nuisance or serious hazard to vehicles and pedestrians. Met: As proposed, there should be no nuisance or hazards to pedestrians walking along Winsor Avenue or to vehicles passing by. The use is within the structure and no noise or odors should be associated with the use. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Met: The proposed psychotherapy office would not require substantial remodeling of the exterior. Some windows would be changed out, but no major exterior structural changes are proposed. There appears to be adequate space for the operation of the Home Occupation in the now Family Room with a new waiting area and bathroom. IV. PLANNING BOARD AND STAFF RECOMMENDATION: The Planning Board and Staff recommended Conditional Approval of the requested Special Permit as it meets the criteria set forth in the Watertown Zoning Ordinance. Page 4 of 7 72 Winsor Avenue May 6, 2016 ZBA 2016-01 (SP) Zoning Board of Appeals Decision V. ZONING BOARD OF APPEALS The Zoning Board of Appeals approved a continuance of this case per request of the Petitioner from their March 23, 2016 meeting to their April 27, 2016 meeting. The Board heard from several neighbors in favor and in opposition of the proposed Home Occupation. The Board clarified the hours of operation to be Monday— Friday, 7:00 AM — 9:00 PM with the last client beginning at 8:00 PM and on Saturday, 10 AM — 2PM with the last client beginning at 1 PM. The maximum number of sessions per week will be limited to 24. The Board required a log of the number of clients (anonymously) be kept and the Zoning Enforcement Officer to review this log and the parking, as necessary. The third parking space required by code can be enforced if it is discovered upon monitoring to be required. The Board suggests a walkway be added to the site from the driveway to the back deck. The Board recommends that the client back into the driveway to have a clear and easy drive forward out of the driveway. The Plot Plan will be updated to reflect the path from the parking to the Home Occupation entrance to the back and any required ramp for access. Member Heep motioned to approve the request with the conditions added or discussed. Member Gannon seconded. Members Ferris, Heep, Donato, Gannon, and Cohen voted in the affirmative (5-0). Members Santucci Rozzi and Chander absent. VI. CONDITIONS The table below lists the conditions of approval including timeframes for compliance: # Condition Timeframe for Compliance To be Verified by 1. Control Plans: A. Site Plan of Land — 72 WinsorAvenue (Existing), drawn by John R. Hamel, Professional Land Surveyor. Dated 2/29/16, received 3/3/16 B. Site Plan of Land — 72 WinsorAvenue (Proposed), drawn by John R. Hamel, Professional Land Surveyor. Dated 3/1/16, received 3/3/16 C. Home Office — New Construction Plan, Sheet A101, by StudioPSchema. Dated 1/15/16, latest revision 1/19/16, received 2/10/16 D. Home Office Reference Plans — Existing Floor Plan — Basement & First Floor, Sheet A901, by StudioPSchema. Latest revision 1/19/16, received 2/10/16 E. Home Office Reference Plans — Existing Floor Plan — Second Floor & Attic, Sheet A902, by StudioPSchema. Latest revision 1/19/16, received 2/10/16 BP/ Perpetual ZEO/ISD 2. Modifications. 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 Perpetual ZEO/ISD Page 5 of 7 72 Winsor Avenue ZBA 2016-01 (SP) May 6, 2016 Zoning Board of Appeals Decision # Condition Timeframe for Compliance To be Verified by Authority, may be considered and approved by DCDP Director. 3. Recording. 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. 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 5. Codes/Regulations Compliance. The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. CO ZEO/ISD 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 7. General Conditions: Specifically, the Accessory Use/Home Occupation (Psychotherapy Office) shall: A. Have no employees/staff other than the Petitioner and shall not be transferable to anyone other than the Petitioner. B. Have at least a 10 -minute break between sessions to ensure that clients do not overlap. C. Only be allowed to operate in terms of client sessions during the following days/times: • Monday -Friday: 7:00 AM to 9:00 PM (last client begins at 8:00 PM) • Saturdays: 10:00 AM to 2:00 PM (last client begins at 1:00 PM) • Shall have no more than 24 total sessions in a single week. D. Only be allowed to operate in the new first floor office space. E. Have no signage on site advertising the Home Occupation. F. Business Owner shall maintain an anonymous client log, and shall be presented to the Enforcement Officer upon request. Perpetual ZEO 8. Expiration. 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 9. Parking. The shadow parking shown on the approved Plot Plan shall be constructed/installed, upon determination by the Town that it is warranted. Perpetual ZEO 10. Annual Review. The Petitioner shall return to the Board of Appeals one year from this approval date for a Review of the use. Additional Reviews may be required by the Board of Appeals. Perpetual ZEO Page 6 of 7 72 Winsor Avenue May 6, 2016 ZBA 2016-01 (SP) Zoning Board of Appeals Decision By the Zoning Board of Appeals: Melissa M. Santucci Rozzi, Chair David Ferris, Clerk Christopher H. Heep, Member John G. Gannon, Member Kelly Donato, Member Neeraj Chander, Alternate Jason D. Cohen, Alternate 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. Page 7 of 7