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Home My Public Portal About6_ZBA Decision_32 GrenvilleTOWN 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 Telephone (617) 972-6427 Facsimile (617) 926-7778 www.watertown-ma.gov Louise Civetti, Clerk to the ZBA ZONING BOARD OF APPEALS DECISION On April 27, 2016, with four (4) full members and two (2) alternate members of the Zoning Board of Appeals (Board) present, case number ZBA-2016-05, a Special Permit Finding, was heard. The following is the written decision of this board. CASE #: 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: DATE RECORDED WITH TOWN CLERK: ZBA-2016-05 (SPF) 32 Grenville Road 1116 3X 0 S-10 (Single -Family) Zoning District Don Sisson and Sallie Chisholm Special Permit Finding §4.06(a): Alterations to Non - Conforming Structures — Lift the house; Construct a rear two-story addition; increase the non- conforming side yard setback Zoning Board of Appeals Conditional Approval, April 8, 2016 Conditional Approval, April 13, 2016 Conditional Approval, April 27, 2016 May 6, 2016 32 Grenville Road ZBA-2016-05 SPF May 6, 2016 Zoning Board of Appeals Decision I. PUBLIC NOTICE (M.G.L. C. 40A, §11) A. Procedural Summary Petition ZBA-2016-05 SPF went before the Board on April 27, 2016. 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 8, 2016 & April 15, 2016 • Posted at the Town Administration Building and on the Town Website on March 29, 2016 • Mailed to Parties in Interest on March 29, 2016 B. Legal Notice "Don Sisson & Sallie Chisholm, 32 Grenville Road, Watertown, MA 02472 herein requests the Zoning Board of Appeals to grant a Special Permit Finding in accordance with Watertown Zoning Ordinance, §4.06(a), Alterations/Additions to Non -conforming Structures, so as to raise the house by approximately 3 feet by building a new foundation and construct a rear two-story addition, increasing the non- conforming side yard setback. S-10 (Single Family) Zoning District. ZBA-2016-05" II. DESCRIPTION A. Site Characteristics The subject property is a 9,385 +/- square foot parcel (0.215 acre) on Grenville Road containing a 2 -story Cape Cod style house, built in 1800 (Assessor's records) with one non -conforming parking space in the center of the front yard. The lot is non -conforming in size (10,000 square feet is required), Frontage (50 feet where 80 is required) and also non -conforming for both the Westerly Side Yard (5.4 feet where 15 feet is required) and Easterly Side Yard (6.4 feet where 10 is required). The Front Yard, Rear Yard and Building Height are all conforming. B. Surrounding Land Use Located in the S-10 (Single Family) Zoning District, the property abuts larger single-family residences. C. Nature of the Request The Petitioner requests a Special Permit Finding to lift the house by approximately 3 feet, so as to allow construction on a new foundation. The Petitioner also seeks a SPF to construct a new one-story addition to access the basement, and a new two-story addition to enlarge the second floor living area. The additions will be to the rear and easterly side yard. One part of the project will protrude into the easterly non -conforming side yard, reducing the side yard from 6 feet, 4 inches to 3 feet, 7 inches, where 10 feet is required. The project will also extend further into the Rear Yard. The remaining yard area will continue to be conforming. The house also has non -conforming parking and Westerly Side Yard; however, these will not be changed by the proposed project. The house and lot will remain unchanged in all other respects. The house currently has three -bedrooms and proposes four -bedrooms. D. Public Comments Public Comments were not received for this project. Page 2 of 6 32 Grenville Road ZBA-2016-05 SPF May 6, 2016 Zoning Board of Appeals Decision E. Relevant Permitting History According to Town records, 32 Grenville Road has the following permitting history: • 1910: Lot appears on the Assessor's records • 1930: Building Permit issued to add a dormer • 1952: Building Permit to add a tool shed to the lot • 1981: Building Permit issued to rebuild the chimney • 1982: Building Permit issued to add a dormer to the bathroom • 1986-1987: Building Permit issued to renovate the bathroom, add a new fire place and rebuild retaining walls • 1993: Sallie Chisholm, one of the present Owners/Petitioner, purchases the property • 1996: Special Permit Finding (ZBA 96-22) granted with conditions to Ms. Chisholm to add a new front porch roof and two second floor dormers to the front of the house • 1996: Building Permit granted to add the ZBA-approved front porch roof and two dormers The previous permits do not have any material effect on this request for approval. 111. FINDINGS A. Plan Consistency Watertown's 2015 Comprehensive Plan discusses preservation of the Town's neighborhoods, but does not specifically address one and two-family uses. However, the Zoning Ordinance requires setbacks as suggested by the Towns planning efforts to preserve the character of Watertown's 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." Conditionally Met: The project will not be substantially more detrimental than the existing non- conforming condition. The project proposes to lift the existing house approximately 3 feet, to accommodate a new foundation/rebuild of the basement. As shown on Plan A010 (sic), the proposed basement meets the Watertown Zoning Ordinance (WZO) definition of a basement and the structure, although taller, remains zoning compliant at 30 feet/2.5 stories. The Board finds the finished house will not be out of scale with those it abuts or the neighborhood. The change in the number of bedrooms from 2 to 3 will not trigger an increased requirement for parking which is currently non -conforming on the site. The project will also include a new first and second floor addition, which will create new massing on the Easterly side and rear of the property. The Easterly addition will encroach further into an already non- conforming side yard. However, there remains sufficient emergency access to the rear yard, either through its Westerly side yard, or through abutting properties. The new addition to the rear will replace a stone patio and as such, will have a relatively minor impact to the deepest existing yard. The Board finds the proposed house lift and additions will result in a structural massing, size and architectural style Page 3 of 6 32 Grenville Road ZBA-2016-05 SPF May 6, 2016 Zoning Board of Appeals Decision in keeping with abutting properties and the neighborhood and will not be detrimental. The Petitioner owns both abutting properties. IV. PLANNING BOARD & STAFF RECOMMENDATIONS The Planning Board and DCDP staff recommends conditional approval of the requested house lift and addition as a Special Permit Finding under §4.06(a) as it meets the criteria set forth in the Watertown Zoning Ordinance. V. ZONING BOARD OF APPEALS The Zoning Board of Appeals commended the architect on the presentation and the 3-D plans and for providing a clear understanding of the project. The Board of Appeals clarified that there are 2 existing bedrooms on the second floor and one bedroom in the basement. The addition of a fourth bedroom does not trigger the need for additional parking. The existing bulkhead will be removed since the project will construct a new walk -out, at grade from the basement. The interior basement ceiling height will be approximately 8 feet with the addition only being a crawl space. The board conditioned the additional height to the structure to be a maximum of 3 feet. The basement does not count as a 'story' since more than 50% is below grade, nor does the project include a half -story, since there is no attic space. A condition to update the site plan showing the basement window wells; the elimination of the stairs to the basement; and the adjusted grading is required. The board commented on the staggered placement of the houses on the street and this particular house is set further back from the street than both abutting properties. Impact is de minimus to the neighbors. Member Heep motioned to approve the 3 foot raising of the house, the rear addition and grading with the addition of two conditions discussed, as the request meets the criteria set forth in the Watertown Zoning Ordinance as a Special Permit Finding under §4.06(a). Member Donato seconded. Members Ferris, Heep, Donato, Gannon, Cohen voted (5-0) in the affirmative. Members Santucci Rozzi, 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. The Control Plans shall be: A. Topographic Site Plan Showing Existing Conditions at #32 Grenville Road, drawn/stamped by VTP Associates, Inc., Joseph R. Porter, 12/11/15 B. Topographic Site Plan Showing Proposed Conditions at #32 Grenville Road, drawn/stamped by VTP Associates, Inc., Joseph R. Porter, 3/8/15 C. 32 Grenville Road, Bowes -Watson Architects, received 3/8/16 a. Cover Sheet, A00 b. Topographic Site Plan Showing Existing Conditions at #32 Grenville Road, VTP Associates, Inc., Joseph R. Porter, 3/4/16 c. Town GIS Neighborhood Map, A002 d. Proposed Site Plan, A010, with Site Section, dated 3/7/16, received 3/23/16 Perpetual ZEO/ISD Page 4 of 6 32 Grenville Road ZBA-2016-05 SPF May 6, 2016 Zoning Board of Appeals Decision # Condition Timeframe for Compliance To be Verified by e. Zoning Compliance, A010 [sic] and A011 f. Zoning Open Space Plan & Architectural Site Plan, A012 g. Proposed Basement & First Floor Plans, A101 h. Proposed Second Floor & Roof Plans, A102 i. Elevations, A201 (Proposed) j. Orthographic View of New Addition, A202 k. Existing Floor Plans, EX101 I. Existing Elevations, EX201 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. Perpetual ZEO/ISD 3 As-Built(s). The Petitioner shall submit a certified "As -Built" foundation and plot plan showing all dimensional setbacks at the time of foundation inspection. Building Permit ZEO/ISD 4. 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. Building Permit ZEO 5. Codes/Regulations Compliance. The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. Perpetual 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. Height. The structure can be raised a maximum of 3 feet (30 feet total height) Perpetual ISD 8. Site Plan. An updated site plan is to be submitted showing the window wells; the at -grade access to the basement, and the grading changes. Building Permit ZEO ZEO/ISD Page 5 of 6 32 Grenville Road ZBA-2016-05 SPF May 6, 2016 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 6 of 6