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HomeMy Public PortalAboutZBA Decision TOWN OF W,4TERTOWN MASS Zoning Board of Appeals , _8 P14 to 12 Administration Building 149 Main Street WATERTOWN, MASSACHUSETTS 02472 Melissa M.SantucciRozzi,Chairperson Telephone(617)972-6427 David Ferris,Clerk Facsimile (617)926-7778 Christopher H.Heep,Member wwwmalertown-ma.00v John G.Gannon,Member Louise Civetti,Zoning Assistant Kelly Donato,Member Zoning Board of Appeals Decision On July 27, 2018,with four(4) members of the Zoning Board of Appeals(Board) present, case number ZBA-2018-18, a Special Permit, was heard. The following is the decision of this board: Case #: ZBA-2018-18 SP Subject Property: 99 King Street Parcel ID: 541 3 137 Zoning District: 5-6 Zoning District Owner: Lorraine Martins, 99 King Street,Watertown, MA Petitioner: Robert Martins, 99 King Street,Watertown, MA Zoning Relief Sought: Special Permit- §5.02(f): Parking for Occupant's Business Truck Exceeding'4-Ton capacity Special Permit Granting Authority: Zoning Board of Appeals Zoning Board of Appeals Decision: Conditional Approval,July 25, 2018 Recorded with Town Clerk: August 8, 2018 1. PUBLIC Nonce(M.G.L.C.40A.§111 A, Procedural Summary Petition ZBA-2018-18,Special Permit,went before the Zoning Board of Appeals on July 25, 2018. 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 July 6, 2018 &July 13, 2018; • Posted at the Town Administration Building on June 27, 2018; 0 Mailed to Parties of Interest on June 27, 2018. 99 King Street August 8, 2018 ZBA-2018-18-SP Zoning Board of Appeals B. Legal Notice Robert Martins,99 King Street,Watertown, MA 02472, herein requests the Zoning Board of Appeals grant a Special Permit in accordance with Watertown Zoning Ordinance 5.02(f),Accessory Truck Parking, so as to allow the owner's business truck to be parked in the driveway of his existing residence. S-6(Single Family)Zoning District. ZBA-2018-18 2. DESCRIPTION A. Site Characteristics The site is a 4,050 square foot lot(0.093 acres)on King Street that contains a single-family, Cape style structure with a wood and brick veneer. The lot is non-conforming in size(6,000 square feet required) and Frontage (50 feet required).The site has two parking spaces, including one in front of the below grade attached single-car garage. B. Surrounding Land Use This section of King Street is predominantly single-family homes. The lower end of King Street is primarily two-family dwellings. Several adjacent homes have garages or parking areas within the front yard. C. Nature of the Request The request to the Zoning Board of Appeals is for a Special Permit to allow the Petitioner,who currently co-owns and lives at 99 King Street, to park his business/personal vehicle, a 2010 Chevy Express box truck, on the site. D. Public Comments Dennis Duff, 33 Spruce Street,stated that granting a Special Permit would be setting a precedent by having a commercial truck in a residential zoning district. No other comments were spoken or received in writing. E. Relevant Permitting History According to the records in the Assessors, Building, Planning and Zoning departments, the lot was created in 1920 and the house was constructed in 1952. No other permits are on record. The site has changed ownership since the lot and structure were built but none of these permits materially affects the current request for a Special Permit. The Petitioner requested and received a Special Permit for 21 King Street in April 2016 to park this vehicle at that location. No issues have been reported to the Zoning Enforcement Officer or Police Department since that permit was in place. That Permit expired when the Petitioner moved. 3. FINDINGS A. Plan Consistency Met: Watertown's 2015 Comprehensive Plan discusses preservation of the Town's neighborhoods, but does not specifically address one and two-family uses. Page 2 of 5 99 King Street August 8, 2018 ZBA-2018-18-SP Zoning Board of Appeals B. Special Permit: §5.02(f): Parking for Occupant's Business Truck Exceeding?I/ Ton capacity Project must meet the four conditions of approval for a Special Permit set forth in §9.05(b), of the WZO. Special Permit Criteria§9.05(b) 1. The specific site is an appropriate location for such a use,structure,or condition. Met: The proposed request is to park the Petitioner's business and personal vehicle,a 2010 white Chevy Express box truck,on the site. The driveway to the garage currently exists. The Petitioner does not need to alter the site in any way to accommodate the truck. 2. The use as developed will not adversely affect the neighborhood. Met: 99 King Street is very similar in configuration to surrounding houses and the neighborhood in general. Parking a vehicle in front of the garage, in the driveway, is a common occurrence on King Street. In terms of overall massing, the box truck, which is the Petitioner's only vehicle, is similar in scale to a large SUV or panel van. 3. There will be no nuisance or serious hazard to vehicles and pedestrians. Conditionally Met: The parking area in front of the garage per the Mortgage Survey Plan is 27 feet deep from the back of sidewalk to the garage door and the driveway opening is 10 feet, 6 inches wide. The Petitioner's truck is 19 feet long(end of rear lift gate to the front bumper), 7.feet 1 inch wide and 9 feet tall. The truck can fit completely in the parking space in front of the garage door without protruding over the sidewalk. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Met: The proposal involves the parking of the Petitioner's personal/work vehicle at the site which has a carrying capacity over%-ton. However, the Petitioner could purchase a Ford F-250, a Ford Transit Connect or a Chevy 250 Van, all of which are less in carrying capacity but a similar size to the box truck, and no Special Permit would be required to park it at the house. The parking area is an adequate size to accommodate the vehicle. 4. STAFF RECOMMENDATION Staff recommended approval and that the Special Permit request be conditioned to require the Petitioner to seek a modification should he change work trucks. The intent would be to ensure that the new vehicle would fit on the site without protruding into or over the public sidewalk. 5. PLANNING BOARD RECOMMENDATION The Planning Board voted 3-1 to recommend approval. The majority of the Planning Board felt that the driveway and layout provided some screening and safe access and also agreed that the use as an emergency repair vehicle was relevant. One member expressed concern with this type of vehicle being parked in a residential area and felt that it was too great of an impact. 6. .ZONING BOARD OF APPEALS The Board discussed and remembered approving the same Petitioner for another property on the same street. This property has more length in the driveway and the truck is slightly blocked by retaining walls as the driveway slopes downward towards the garage. The Board agrees that the truck is better suited in the driveway if it is backed in. Page 3 of 5 99 King Street August 8, 2018 ! ZBA-2018-18-SP Zoning Board of Appeals Member Ferris motioned to approve the Petition based on the finding that the proposed request meets the criteria set forth under the Watertown Zoning Ordinance for a Special Permit, §5.02(f): Parking for Occupant's Business Truck Exceeding Y, Ton capacity with the added condition to have the truck backed into the driveway at all times. Member Gannon seconded. Members Ferris, Gannon,SantucciRozzi, and Donato voted in the affirmative,4-0(Member Heep absent). 7. CONDITIONS The table below lists the conditions of approval including timeframes for compliance: # Condition Compliance Verified Timeframe By Control Documents.This approval is based upon the application materials and the Control Documents submitted by the Petitioner: 1' A. Mortgage Survey Plan, Prepared and stamped by Robert Litchfield, Perpetual ZEO/ISD Professional Land Surveyor,dated 6/12/18. Plan Modifications.Neither the Petitioners 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 Director,Zoning Enforcement Officer, 2. and Building Inspector, for an opinion as to whether or not such change or CO ZEO/ISD modification requires further review from the Special Permit Granting Authority. Minor modifications may be considered and approved by the DCDP Director that Is found to be consistent with the project approval granted by the Special Permit Granting Authority. Recordation.Not more than 60 calendar days following the lapse of the 60 calendar appeal period for this Decision,the Petitioner shall provide evidence to the days 3. Zoning Enforcement Officer that this entire decision has been filed with the following ZEO Registry of Deeds,and/or Land Court. appeal period Codes/Regulation Compliance.The Petitioner shall comply with all other 4' applicable local,state,and federal requirements,ordinances,and statutes. CO ZEO/ISD 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 S substantial use thereof has not sooner commenced except for good cause, Perpetual ZEO 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. Change of Vehicle: Should the Petitioner change vehicles from the 2010 6. Chevy Box Van described in this Decision,the Petitioner shall seek a Perpetual ZEO/DCDP modification according to Condition N2,above. Parking Location for Vehicle. The Petitioner shall park the vehicle for which this Special Permit is granted in the driveway of the subject property.The truck shall be backed into the driveway at all times.The 7' Special Permit is specifically for this Petitioner and for the location Perpetual ZEO/DCDP described in this Decision. This Special Permit shall expire at the time the Petitioner no longer lives at 99 King Street. Page 4 of 5 99 King Street August 8, 2018 ZBA-2018-18-SP Zoning Board of Appeals By the Zoning Board of Appeals: Melissa M.SantucciRozzi, Chair David Ferris, Clerk Christopher H. Heep, Member(Absent) John G. Gannon, Member Kelly Donato, Member Attest, by th erk to the Zoning Board of Appeals: Loui a 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: AUGAttest, by the Town Clerk: C T Date: G P- 9 �n1 Received and entered with the Register of Deeds in the County of Southern Middlesex. Attest, Register of Deeds: Book Page This Decision is to be recorded by the Land Owner. The owner or petitioner shall pay the fee for such recording or registering. Page 5 of 5