HomeMy Public PortalAbout9 Bartlett St-ZBA 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
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 August 24, 2016 with five (5) members and two (2) alternate members of the Zoning Board of
Appeals (Board) present, case number ZBA-2016-09, a Special Permit Finding, was heard. The following
is this Board's decision:
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:
RECORDED WITH TOWN CLERK:
ZBA-2016-09 (SPF)
9 Bartlett Street
329 2 23
S-6 (Single -Family) Zoning District
Mohammed & Laila Karachi
Special Permit Finding §4.06(a): Alterations to Non -
Conforming Structures
Zoning Board of Appeals
May 4, 2016, Conditional Approval
June 8, 2016, Conditional Approval
August 24, 2016, Conditional Approval
September 7, 2016
9 Bartlett Street
ZBA-2016-09 SPF
September 7, 2016
Zoning Board of Appeals Decision
I. PUBLIC NOTICE (M.G.L. C. 40A, §11)
A. Procedural Summary
Petition ZBA-2016-09 SPF was heard by the Zoning Board of Appeals on June 22, 2016 and again on
August 24, 2016. The Planning Board had heard this petition on May 11, 2016 and June 8, 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 May 6, 2016 & May 13, 2016
• Posted at the Town Administration Building and on the Town Website on April 27, 2016
• Mailed to Parties in Interest on April 27, 2016
B. Legal Notice
"Mohammed & Laila Karachi, 9 Bartlett Street, Watertown, MA 02472 herein requests the Zoning Board of
Appeals grant a Special Permit Finding in accordance with Watertown Zoning Ordinance, §4.06(a), Alterations to
Non -Conforming Structures/Lots, Front Yard Setback, so as to construct a full 2nd floor addition with attic,
maintaining non -conforming front yard setback at 21.8', where 25' is required. S-6 (Single Family) Zoning District.
ZBA-2016-09"
II. DESCRIPTION
A. Site Characteristics
The subject property is a 6,098 +/- square foot parcel (0.140 acre) on Bartlett Street containing a single
story ranch style house built in 1954 (Assessor's records) with a driveway leading to an existing garage
under the house. The lot is conforming in size, frontage, rear yard, building height, building coverage,
impervious coverage, and both side yard setbacks. It has a non -conforming front yard setback with 21.8
feet, where 25 feet is required.
B. Surrounding Land Use
Located in the S-6 (Single Family) Zoning District, the property abuts a mix of larger single-family
residences.
C. Nature of the Request
The Petitioner requests a Special Permit Finding to construct a second floor with new gable roof on top
of a 26 -foot by 38 -foot single story single family house. Relief is necessary to maintain the non-
conforming front yard setback.
D. Public Comments
The Planning Board had heard four comments in opposition to the project at its meeting on May 11,
2016 as well as three e -mails in opposition. When the Zoning Board of Appeals heard the petition on
August 24, 2016 with the new plans, there were not any comments in opposition to the new design.
E. Relevant Permitting History
According to Town records, 9 Bartlett Street has the following relevant permitting history:
• 1910: Lot appears on the Assessor's records
• 1954: House with a drive -under garage is built
The previous permits do not materially affect this request for approval.
Page 2 of 5
9 Bartlett Street
ZBA-2016-09 SPF
September 7, 2016
Zoning Board of Appeals Decision
III. FINDINGS
A. Plan Consistency
Watertown's 2015 Comprehensive Plan discusses preservation of the Town's neighborhoods and the
ability to enlarge the house while maintaining its general character and footprint is in keeping with the
character of the surrounding neighborhood.
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 proposed project design is in keeping with the architecture of the house and
although not in keeping with the older houses directly adjacent to the site, will be consistent with the
eclectic housing styles in the immediate vicinity of the neighborhood. Many houses in the surrounding
area are two-story and have dormers or are reconstructions of smaller single family homes into larger
structures. Also, although the site has a non -conforming front yard setback, when considering the
abutting property to the Northwest (larger Victorian style house), that abutting house has a porch that
protrudes further into the front yard setback, and the main house is in line with the proposed addition.
IV. PLANNING BOARD & STAFF RECOMMENDATIONS
The Planning Board and DCDP staff recommended Conditional Approval of the requested 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 DECISION
The Zoning Board of Appeals first heard this petition on June 22, 2016, where it had found the
architectural drawings to be inconsistent. The roof appeared as another floor creating a large scale, a
top-heavy appearance and massing in the front, where the non -conformity lies. The Petitioner
requested a continuance to improve on the design.
The Board heard this petition a second time on August 24, 2016, where the Petitioner submitted new
plans drawn by a new architect. The Board stated the design mirrors another property in the
neighborhood; a better aesthetic design; adding height to first floor is beneficial; building is lower than
prior design; massing is minimized.
Member Ferris motioned to grant the Special Permit Finding in accordance with WZO §4.06(a), Non -
Conforming Front Setback as the new design meets the criteria set forth in the ordinance. Member
Gannon seconded. Members Ferris, Gannon, Santucci-Rozzi, Donato voted in the affirmative. Member
Heep voted against. (4-1). This petition is approved with conditions. Member Heep stated the house
design is the same although aesthetically better, it is still too much in the front setback.
VI. CONDITIONS OF APPROVAL
The table below lists the conditions of approval including timeframes for compliance:
Page 3 of 5
9 Bartlett Street
ZBA-2016-09 SPF
September 7, 2016
Zoning Board of Appeals Decision
#
Condition
Timeframe
for
Compliance
To be
Verified
by
1.
Control Plans. The Control Plans shall be:
A. Addition Plan, 9 Bartlett Street, Michael Paul Antonio, Antonio Land
Surveyors, dated 3/25/16
B. Cover Letter, 8/18/16, Norman Norayr Kherlop, CDT, RA
C. Title Page, "Second Floor Addition at 9 Bartlett Street, Watertown, MA,
9/6/16, Nordesign & Build LLC, Architects (not numbered)
D. Conceptual Drawing of front angled house, not dated numbered or titled
E. Existing Basement Plan, Utility Room Walls Added, Sheet A-1, 8/23/16, 2nd
Floor Addition at: 9 Bartlett Street, Nordesign & Build LLC
F. Proposed 1st Floor Plan, Sheet A-2, 8/23/16, 2nd Floor Addition at: 9 Bartlett
Street, Nordesign & Build LLC
G. Proposed 2nd Floor Plan, Sheet A-3, 8/23/16, 2nd Floor Addition at: 9
Bartlett Street, Nordesign & Build LLC
H. Proposed Attic Plan and Schedules, Sheet A-4, 8/23/16, 2nd Floor Addition
at: 9 Bartlett Street, Nordesign & Build LLC
I. Southwest Elevation, Sheet A-5, 7/7/16, Stamped and signed 'Revised 8-23-
16', 2nd Floor Addition at: 9 Bartlett Street, Nordesign & Build LLC
J. Southeast Elevation, Sheet A-6, 7/7/16, Stamped and signed 'Revised 8-23-
16', 2nd Floor Addition at: 9 Bartlett Street, Nordesign & Build LLC
K. Southwest (Front) Elevation, Sheet A-7, Revised 8/23/16, 2nd Floor Addition
at: 9 Bartlett Street, Nordesign & Build LLC
L. West Elevation, Sheet A-8, 7/7/15(sic), Stamped and signed 'Revised 8-23-
16', 2nd Floor Addition at: 9 Bartlett Street, Nordesign & Build LLC
M. Section A -A, Sheet A-9, dated 7/17/16, Stamped and signed 'Revised 8-23-
16', 2nd Floor Addition at: 9 Bartlett Street, Nordesign & Build LLC
Perpetual
ZEO/ISD
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 approval.
Perpetual
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.
Perpetual
ZEO/ISD
5.
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
6.
Revised Plans/ Modifications:
Skylights: Allowed at the rear of the property only.
Rake: At upper floor should be 'A of what the rake of the first floor is.
BP
ISD/ZEO
Page 4 of 5
9 Bartlett Street
ZBA-2016-09 SPF
September 7, 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 5 of 5