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Home My Public Portal About5_Planning Board Report_136 Acton Street_FinalTOWN OF WATERTOWN Department of Community Development and Planning PLANNING BOARD Administration Building 149 Main Street Watertown, MA 02472 Phone: 617-972-6417 Fax: 617-972-6484 www.watertown-ma.gov PLANNING BOARD REPORT Board Members: John B. Hawes, Jr., Chairman Jeffrey W. Brown Janet Buck Gary Shaw On April 12, 2017 with four (4) members of the Planning Board (Board) present, case number ZBA-2017- 06, a Special Permit Finding, was considered. This case is to be heard by the Zoning Board of Appeals (ZBA) on April 26, 2017. The Board submits the following Report, as requested by the ZBA, to aid the ZBA in deciding on the application before it. CASE #: ZBA-2017-06 (SPF) SUBJECT PROPERTY: 136 Acton Street PARCEL ID#: 708 13 16 ZONING DISTRICT: S-6 (Single -Family) Zoning District PETITIONER/OWNER: Allyson Cronan Shields ZONING RELIEF SOUGHT: Special Permit Finding §4.06(a): Alterations to Non - Conforming Structures SPECIAL PERMIT GRANTING AUTHORITY: Zoning Board of Appeals DATE OF STAFF REPORT: April 5, 2017 BOARD & STAFF RECOMMENDATION: (4-0) Conditional Approval DATE OF PLANNING BOARD MEETING: April 12, 2017 DATE OF ZBA HEARING: Scheduled April 26, 2017 136 Acton Street ZBA-2017-06 SPF April 13, 2017 Planning Board Report I. PUBLIC NOTICE (M.G.L. C. 40A, §11) A. Procedural Summary Petition ZBA-2017-06 SPF was heard by the Planning Board on April 12, 2017 and is scheduled to go before the Zoning Board of Appeals on April 26, 2017. 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 7, 2017 and April 14, 2017 • Posted at the Town Administration Building on March 29, 2017 • Mail to Parties in Interest on March 29, 2017 B. Legal Notice "Allyson Cronan Shields, 136 Acton 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), Non -Conforming Front and Rear Setbacks, so as to construct a second floor with a shed and gable dormers, maintaining non -conforming front yard setback at 24.5', where 25' is required and rear yard setback at approximately 9', where existing non- conforming basement access is located at 5.5' to rear lot line and where 20' is required. Located in the S-6 (Single Family) Zoning District. ZBA-2017-06" Subject Property ;li 11ii11l liil'i,i:,,. "!111111111:1. View of Adjacent House (on Bradley) with Large Addition II. DESCRIPTION Showing Corner Lot (Acton/Bradley) 1 1 1, 1,1.1T1'[1,),1[1 View of the Neighborhood A. Site Characteristics The subject property is a 5,001 square foot parcel (0.115 acre) on the corner of Acton Street and Bradley Road. The lot contains a two-story, wood -frame single-family house, built in 1948 (Assessor's records). Page 2 of 5 136 Acton Street ZBA-2017-06 SPF April 13, 2017 Planning Board Report A single -car detached garage was added in 1950. A deck was added to the side yard in 2008. The lot is non -conforming in size (6,000 square feet is required). The structure is non -conforming for the front and rear yard setbacks. B. Surrounding Land Use Located in the S-6 (Single Family) Zoning District, the property abuts a mix of one and two story single- family residences. The subject property is directly across Acton Street from the Browne School Playground which is behind the Watertown Police Station. An 1-3 district and several industrial uses lie approximately 300 feet West of the subject property. C. Nature of the Request The project requires a Special Permit Finding from the Zoning Board of Appeals to modify the roofline within the setbacks to allow clear height for the existing second story on the existing single-family house. The house as it now sits on the lot has two non -conforming setbacks. If constructed as proposed, the finished project will maintain the existing non -conforming 24.5 -foot front yard setback, where 25 feet is required, as well as the existing 9 -foot rear yard setback, where 20 feet is required. D. Public Comments As of the date of the staff report, the Department of Community Development & Planning (DCDP) did not received any comments on this project. There was also no public comment at the Planning Board meeting. E. Relevant Permitting History According to Town records, 136 Acton Street has the following relevant permitting history: • 2008: Special Permit Finding and Variance sought for a 21.7 foot by 15 foot side yard deck • June 25, 2008: Request for Variance (for the Distance between structures on a common lot) is withdrawn and the size of deck reduced to 11 by 21.7 feet The Board found that none of the previous permits materially affect this request for approval. 111. 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 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 proposed extension of the roof to allow the expanded dormers will maintain the existing non -conforming front and rear yard setbacks. The new massing will be in keeping with the massing of abutting homes, and the neighborhood. As is visible in the Site Photos, several abutting and nearby houses have more significant additions above the first floor, or on the lot than is proposed by this project. Also, the replacement of the smaller dormers on Acton Street with larger ones retains the Page 3 of 5 136 Acton Street ZBA-2017-06 SPF April 13, 2017 Planning Board Report Cape style architecture of the house. The mass of the new shed dormer on the rear facade has also been softened by the inclusion of gables, and the original roof line of the cape has already been removed by a previous addition. For these reasons, the Planning Board and DCDP staff recommend the project will not be substantially more detrimental than the existing non -conforming condition. IV. BOARD & STAFF RECOMMENDATIONS The Planning Board and DCDP staff recommend conditional approval of the requested second floor addition as a Special Permit Finding under §4.06(a) as it meets the criteria set forth in the Watertown Zoning Ordinance. V. CONDITIONS # Condition Timeframe for Compliance To be Verified by 1. Control Plans. The Control Plans shall be: A. Plot Plan, 136 Acton Street, Bowditch & Crandall, Inc., drawn by John W. McEachern, dated 3/21/08*. *Plot Plan from 2008 review. "Proposed Deck" exists per 2008 SPF approval but is 11 by 21.7 feet B. Title Sheet, T-1, Douglas Okun & Associates, Inc., dated 2/27/17 C. Existing Foundation Plan w/Demolition Indicator, Sheet A-0, drawn by C. Soares, dated 2/27/17 D. Proposed Foundation Plan, Sheet A -0a E. Existing Floor Plan w/Demolition Indicator, Sheet A-1 F. Proposed First Floor Plan, Sheet A -la G. Existing Second Floor Plan w/Demolition Indicator, Sheet A-2 H. Proposed Second Floor Plan, Sheet A -2a I. Existing Roof Plan w/Demolition Indicator, Sheet A-3 J. Proposed Roof Plan, Sheet A -3a K. Existing and Proposed Front Elevations, Sheet A-4 L. Existing and Proposed Rear Elevations, Sheet A-5 M. Existing and Proposed Left Side and Right Side Elevations, Sheet A-6 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 project. 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. Building Permit 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 (1) 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. 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