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.
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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
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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.
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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
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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
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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.
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