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Home My Public Portal About5_Planning Board Report_36-38 Oakland 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 Payson Whitney On June 14, 2017 with four (4) members of the Planning Board (Board) present, case number ZBA-2017- 09, a Special Permit Finding, was considered. This case is to be heard by the Zoning Board of Appeals (ZBA) on June 28, 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-2017-09 (SPF) SUBJECT PROPERTY: 36-38 Oakland Street PARCEL ID#: 715 2A 0 ZONING DISTRICT: T (Two -Family) Zoning District PETITIONERS/OWNERS: Thomas and Sharon Stanza ZONING RELIEF SOUGHT: Special Permit Finding §4.06(a): Existing Non - Conforming Setbacks, Rear SPECIAL PERMIT GRANTING AUTHORITY: Zoning Board of Appeals DATE OF STAFF REPORT: June 7, 2017 BOARD & STAFF RECOMMENDATION: (4-0) Conditional Approval DATE OF PLANNING BOARD MEETING: June 14, 2017 DATE OF ZBA HEARING: Scheduled June 28, 2017 36-38 Oakland Street June 14, 2017 ZBA-2017-09 SPF Planning Board Report I. PUBLIC NOTICE (M.G.L. c. 40A, §11) A. Procedural Summary Petition ZBA-2017-09 SPF was heard before the Planning Board on June 14, 2017 and is scheduled to be heard by the Zoning Board of Appeals on June 28, 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 June 9, 2017 and June 16, 2017 • Posted at the Town Administration Building on May 31, 2017 • Mailed to Parties in Interest on May 31, 2017 B. Legal Notice "Thomas and Sharon Stanza, 36 Oakland 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), Existing Non - Conforming Setbacks, Rear and Side, so as to enclose an existing second story porch, maintaining the non- conforming rear setback at 5.6' and side setback at 5.5', where 20' and 12' are required. (T) Two -Family Zoning District. ZBA-2017-09." Subject Property Rear View of Project Area View at the end of Oakland Street: Neighborhood Example of Industrial Properties on Acton Street Page 2 of 5 36-38 Oakland Street June 14, 2017 ZBA-2017-09 SPF Planning Board Report II. DESCRIPTION A. Site Characteristics The subject property is a 5,140 square foot parcel (0.118 acre) on the corner of Oakland Street and Acton Street. The conforming lot (5,000 square feet is required by the Zoning Ordinance) contains a two-story, two-family house, built in 1927. The structure is non -conforming for the Front and Rear Yard setbacks. B. Surrounding Land Use Acton Street forms a Zoning District boundary with the Pleasant Street Corridor District, sub -district 3. Along Oakland Street, the subject property abuts a mix of one and two story single- and two-family residences. Acton Street is characterized by a mix of commercial/light industrial buildings. C. Nature of the Request The project requires a Special Permit Finding from the Zoning Board of Appeals to enclose an existing, unenclosed second floor porch within Rear Yard setback. If constructed as proposed, the finished project will maintain the existing non -conforming 13.7 -foot Front Yard setback, where 15 feet is required, as well as the existing, non -conforming undersized Rear Yard setback. The Rear Yard setback measures between 5.6 and 5.8 feet, where 20 feet is required. The Petitioner also plans to reconstruct the support posts and porch decks, but even with this reconstruction, nothing else about the house or the setbacks will change. D. Public Comments Enclosed with the Petitioner's application are two letters of support, one from 32-34 Oakland Street and one from 25 Acton Street. 32-34 Oakland Street is the immediate abutter to the North. 25 Acton Street is the immediate abutter to the rear. As of the date of the Planning Board Report, the Department of Community Development & Planning (DCDP) had not received any other comments on this project. The Planning Board also did not receive any public comments at the June 14, 2017 meeting. E. Relevant Permitting History According to Town records, 36-38 Oakland Street has a permitting history that consists of Building Permits issued for construction of a two-family house (1927), and further Building Permits (1986 to 2005) that allowed for exterior reconstructions, new windows, a kitchen remodel and other reconstructions due to a fire. The Planning Board found that none of these previous permits materially affect this request for approval. III. FINDINGS A. Plan Consistency Watertown's 2015 Comprehensive Plan discusses preservation of the Town's neighborhoods, and the ability to enclose an existing, second -floor open porch while maintaining the house's 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." Page 3 of 5 36-38 Oakland Street June 14, 2017 ZBA-2017-09 SPF Planning Board Report Conditionally Met: The proposed alteration of the existing structure to enclose the second floor porch will maintain the existing non -conforming rear yard setback which will remain at between 5.6 and 5.8 feet to the rear lot line, where 20 feet is required. The enclosure of the existing second floor open porch to create an additional 93 square feet of interior living space (17'x5')will create a slightly different massing to the rear, but it will be in keeping with the surrounding homes, and the neighborhood. The design adds a window facing the street to minimize the amount of blank wall but includes no windows facing the direct abutter to allow more use of the space and to minimize impacts related to the proximity of the addition. The porch enclosure will not change the lots Building Coverage, Impervious Coverage, or Open Space percentages, all of which are and will continue to be conforming for the Two -Family Zoning District. As noted, there is a sub -standard Rear Yard to the abutting neighbor, but one of the letters of support of this project is from the owners of 25 Acton Street, the immediate abutter to the rear (see Petitioner's photo #3). The other letter of support is from the immediate neighbor on Oakland Street. For these reasons, the Planning Board and DCDP staff recommend the project will not be substantially more detrimental to the neighborhood than the existing non -conforming condition. IV. BOARD AND STAFF RECOMMENDATIONS The Planning Board (4-0) and DCDP staff recommend conditional approval of the requested second floor porch enclosure 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. Certified Plot Plan: #36-38 Oakland Street in Watertown, MA, by Robber Survey, dated 2/3/17, signed and stamped by Clifford E. Robber, PLS B. Certified Plot Plan: #36-38 Oakland Street in Watertown, MA, by Robber Survey, dated 2/3/17, signed and stamped by Clifford E. Robber, PLS, with a call -out stating "Existing/Proposed Porch/Enclosure to Rear Lot Line" 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. Perpetual ZEO Page 4 of 5 712 18E 0 #28 713517 #27-29 71219D0 j 713416 #32 36 #31-33 713 3 15 #35-37 O 713 214 O #39 4 7131 13 #43 A,CTON ST 713 26 0 #60 The dm !shown on15111rte ere 713 2412 #42 71319 7 #24 713 20 8 #26-28 #19 #10 71418 42 715 18 25 714 17 43 #23 #12 #27 71519 41 715 12 1 #30-32 715 11 2 #28 714 16 44 #16 715 10 3 oum eR ln... #31 ▪ 715 20 40 #22 owlonc .mooaa�.m ..: 713 21 9 osingl.F.mla.•NO o sl.gl. Fam1N sa l[e111 gle Family Con vert; fTLll o. wn F.n,�y., #30 714 1� o 0p.n5p.c.IG cnsw4a 07. 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