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HomeMy Public PortalAbout169 Sycamore St -ZBA DecisionTOWN OF WATERTOWN Zoning Board of Appeals Administration Building 149 Main Street WATERTOWN, MASSACHUSETTS 02472 Melissa M. SantucciRozzi, Chairperson David Ferris, Clerk Christopher H. Heep, Member John G. Gannon, Member Kelly Donato, Member Zoning Board of Appeals Decision Telephone (617) 972-6427 Facsimile (617) 926-7778 www.watertown-ma.gov Louise Civetti, Zoning Assistant On August 29, 2018, with four (4) members of the Zoning Board of Appeals (Board) present, case number ZBA-2018-20, a Special Permit, was considered. The following is the decision of this Board. CASE #: SUBJECT PROPERTY: Parcel ID # ZONING DISTRICT: PETITIONER & OWNER: ZONING RELIEF SOUGHT: SPECIAL PERMIT GRANTING AUTHORITY: STAFF RECOMMENDATION: PLANNING BOARD RECOMMENDATION: ZONING BOARD 0 OF APPEALS DECISION: ZBA-2018-20 SP 169 Sycamore Street 524 6 127 Two Family (T) Zone Daniel A. Lombard, I I I Special Permit §5.02(d): Home Occupation and per §2.35 Home Occupation §5.02(f): Parking for Occupant's Business Truck Exceeding %-Ton capacity Zoning Board of Appeals Conditional Approval, July 31, 2018 Conditional Approval, August 8, 2018 Conditional Approval, August 29, 2018 RECORDED WITH TOWN CLERK'S OFFICE September 6, 2018 169 Sycamore Street September 6, 2018 ZBA 2018-20 (SP) Zoning Board of Appeals Decision 1. PUBLIC NOTICE (M.G.L. CH. 40A. §11 A. Procedural Summary Petition ZBA-2018-20 (SP) was heard by the Zoning Board of Appeals on August 29, 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 August 3 & 10, 2018; • Posted at the Town Administration Building on July 25, 2018; • Mailed to Parties in Interest on July 25, 2018. B. Legal Notice "Dan Lombardi, 169 Sycamore Street, Watertown, MA 02472, herein requests the Zoning Board of Appeals grant a Special Permit in accordance with Watertown Zoning Ordinance §5.02(e), Home Occupation & 5.02(f), Accessory Truck Parking, to permit a Home Occupation with 2 employees and a greater than % ton truck at the owner's property. T (Two -Family) Zoning District. ZBA-2018-20" 11. DESCRIPTION A. Site Characteristics The subject property is 9,932 square feet (0.228 acres) in size, with a two-story single-family dwelling, built around 1890, on the corner of Sycamore and Dwight Streets. The street address is on Sycamore Street. To the rear of the dwelling (to the North), accessed from Dwight Street, is a 2 -car garage with a paved and gravel driveway. As a corner lot, the Zoning Enforcement Officer has determined the Front Yard faces Sycamore, and the Side Yards are to the East (Dwight Street) and West (adjacent house on Sycamore). The remaining area is the Rear Yard. B. Surrounding Land Use The site is in the Two Family (T) Zoning District, very close to the Waltham and Belmont municipal boundary. Reflective of the underlying zoning the property is surrounded by other large primarily 2 -family homes. Some are older, reflecting the street's historic settlement and surrounding streets. Dwight Street merges into Thayer Street, which is over the municipal boundary into Waltham more industrial/commercial traffic and uses along Thayer Street (Waltham) and railroad tracks. C. Nature of the Request The Petitioner has made two linked requests; the first is for a Home Occupation for a business office in part of the existing house. The second request is to allow the Petitioner, who lives at 169 Sycamore Street, to park a business vehicle on the site. No changes are proposed to the exterior of the structure. D. Public Comments Emails sent in support of this petition were received from Christian Beltran and his wife, Amy Montero, Rebecca Curtiss and her husband Charles, Peter Coleman and his wife, and Cindy Furbish who are abutters or neighbors to the Petitioner. No one spoke from the audience. Page 2 of 7 169 Sycamore Street September 6, 2018 ZBA 2018-20 (SP) Zoning Board of Appeals Decision E. Relevant Permitting History There are no Special Permits or Variances and no previous Building Permits are relevant to this request for approval. 111. FINDINGS §9.05 Conditions for Approval of a Special Permit 1. The specific site is an appropriate location for such a use, structure, or condition. Met with Conditions: The proposed use is allowed by Special Permit in the T -Family Zoning District so long as it meets the requirements for Home Occupation as defined in §2.35 of Watertown's Zoning Ordinance (WZO): a) Is incidental and secondary to the residential use of the building. In this case, as shown on the dwelling floor plan, the Petitioner currently lives at the subject property and the proposal would use one room on the first floor currently used as a home office. b) Does not change the essential residential character of the use with no exterior alterations/buildings not customary with residential use. No exterior alterations are proposed. c) Is carried on solely by the residents of the dwelling except that not more than two non-residential employees may be allowed. The Petitioner lives and plans to continue to live at 169 Sycamore Street. The Petitioner's Application materials also state that no more than two employees will work out of the office in the home. d) Is confined to no more than 25% of the total floor area of the dwelling. Based on the interior floor plans submitted, the Home Occupation office would comprise approximately 14% the first floor and well under 1% of the total floor area of the dwelling. e) Is not visible from any other residential structure/with no outside storage of equipment/materials. The Home Occupation entrance will be at the back of the house, accessible from the driveway on Dwight Street. f) Does not produce offensive noise, odor, smoke, dust, heat, glare, excessive traffic, or other objectionable effects. No nuisances are identified. g) Does not increase the average daily automobile trips generated by the residence in which the home occupation is located. The subject property is a single family home in a Two -Family Zoning District. The average trips per day for a single-family home is 10 trips based on the ITE standards (all trips including visits). The Application states the Home Occupation will include the Petitioner and two employees. The trip generation from the Home Occupation is generally equivalent to what would be generated from the site if it were occupied as a Two -Family (20 trips per day). In addition, the Petitioner will not be commuting to work, reducing the number of trips generated. h) Is not a specifically identified use that is not allowed. The proposed business office is not a prohibited use. Page 3 of 7 169 Sycamore Street September 6, 2018 ZBA 2018-20 (SP) Zoning Board of Appeals Decision 2. The use as developed will not adversely affect the neighborhood. Met: As proposed, the Board found the use will not adversely affect the neighborhood. Currently, the proposed business entrance faces the back of the property. The proposal would involve the business owner/homeowner, as well as no more than 2 employees parking in the driveway. Based on the updated Plot Plan there is sufficient space for five cars and a business/Box Truck to be parked in the driveway and garage. The Petitioner also does not need to alter the site in any way to accommodate the requested >3/4 -ton Box Truck. The site is non -conforming because it does not have the 10 feet "no parking area" to the rear lot line per §6.02(j) along the existing driveway (which is in the Rear Yard). A clear separation between the driveway and the rest of the rear yard is required. The Petitioner's updated, 8/8/18 Plot Plan indicates that there is sufficient onsite parking for passenger vehicles and the Petitioner's greater than %-ton truck only on the driveway, outside of the required no parking area. 3. There will be no nuisance or serious hazard to vehicles and pedestrians. Met: As proposed, there should be no nuisance or hazards to pedestrians walking along Sycamore Street or Dwight Street or to vehicles passing by. The use is within the structure and no noise or odors should be associated with the use. In addition, there is sufficient space on the property to park several vehicles and the > %-ton truck on the site without any of the vehicles protruding over the public sideway area or onto Dwight Street. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Met: The proposed Home Occupation would not require any remodeling of the exterior. There appears to be adequate space for the operation of the Home Occupation in the space shown on the floor plan provided by the Petitioner. The proposal also involves the parking of the Petitioner's personal/work vehicle at the site, which has a carrying capacity over %-ton. However, the Petitioner could have purchased a Ford F-250, a Ford Transit Connect, or a Chevy 250 Van, all of which are less in carrying capacity but similar in size to this Box Truck and no Special Permit would be required to park it at the house. IV. PLANNING BOARD AND STAFF RECOMMENDATION: The Petitioner requested to staff a preference to not have a curb to separate the driveway from the rest of the Rear Yard. Based on this, DCDP staff noted that the Petitioner uses the driveway and rear yard (shown as gravel in Site Photos) for a flexible play area, and that stormwater can freely flow off the driveway into this area, and it is easier for snow storage/management without a curb. The Planning Board deliberated on the request, but did not vote on the request to modify the condition in regard to the curbing. The Planning Board determined that the project meets criteria set forth under §9.05 (b), and with the general purpose of the Ordinance outlined in §1.00 of the WZO, and recommended that a Special Permit under §5.02(d): Home Occupation and §5.02(f): Parking for Occupant's Business Truck Exceeding 34 -Ton Capacity be granted with conditions. Page 4 of 7 169 Sycamore Street September 6, 2018 ZBA 2018-20 (SP) Zoning Board of Appeals Decision V. ZONING BOARD OF APPEALS DECISION: The Petitioner stated that he was applying for the Home Occupation and Accessory Truck due to a notice from the Zoning and Code Enforcement Office. Staff noted a complaint was received for the parking of the business truck(s). The Petitioner admitted to having three trucks parked at the home when his off -site lease expired, where the vehicles were previously parked; he has since secured a lease for the two other trucks. The Zoning Board agreed that there would be room within the existing garage and driveway to park two personal -use vehicles; an employee's vehicle and the business box truck. It was clarified that the Petitioner will not be repaving the existing driveway nor extending the driveway into the area between the existing driveway and the 10' rear yard setback (an area of approximately 8' in width). The Zoning Board agreed to remove the Planning Board's suggested condition of curbing along the setback and instead conditioned the 10' rear yard setback area to be landscaped with a minimum of 3' high plantings to delineate the area that is not to be used for parking. It was also clearly stated that the 8' area between the driveway and the 10' setback, although not required to be landscaped, could not be used for parking without the written authorization of the Zoning Enforcement Officer and proper permits to do so. The Board approved the Home Occupation for the office use of the Plumbing Business and Parking for Occupant's Business Truck Exceeding 3/4 -Ton capacity. 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: A. Building Permit Plot Plan, dated 6/17/2000, drawn by James J. Abely, Professional Land Surveyor, stamped and signed B. Interior Floor Plan, dated 7/27/18, showing first and second floor of 169 Sycamore Street. Indicates the area to be used for the Home Occupation. C. Copy of the Building Plot Plan with parking spaces shown and a 10 -foot separation from the property line to the edge of the paved driveway. Received 7/27/18 Perpetual ZEO/ISD 2. Modifications. Neither the Petitioner nor any present or future owner of any interest in the project shall change or modify the Control Plans referenced in this decision, or the project itself, without first filing a formal request with the DCDP, Zoning Enforcement Officer, and Building Inspector, for an opinion as to whether or not such change or modification requires further review from the Granting Authority. Minor modifications, which are found to be consistent with the project approval granted by the Granting Authority, may be considered and approved by DCDP Director. Perpetual ZEO/ISD 3. Vehicle. The Petitioner shall seek a modification of this Decision should he change work trucks to ensure that the new vehicle would fit on the site without protruding into or over the public sidewalk. Perpetual ZEO/ISD Page 5 of 7 169 Sycamore Street ZBA 2018-20 (SP) September 6, 2018 Zoning Board of Appeals Decision # Condition Timeframe for Compliance To be Verified by 4. Recording. The Petitioner shall provide evidence to the Zoning Enforcement Officer that this entire decision has been filed with the Registry of Deeds. Prior to Implementation 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. Site Design. The Petitioner shall provide landscaping with plantings at least 3' in height along the edge of the 10' rear yard setback to protect the area from being parked upon. Prior to Implementation ZEO/ISD 7. General Conditions. The Home Occupation shall: A. Not have more than two (2) non-resident employees. B. This Permit shall not be transferable C. Employees shall only work during following days/times: • Monday -Friday: 7:00 AM to 7:00 PM • Saturdays: 8:00 AM to 7:00 PM D. Only be allowed to operate in the new first floor office space as shown on Control Plan B. E. Have no on -site signage advertising the Home Occupation. F. The Box truck shall back into the driveway. G. The 8' area between the driveway and the 10' setback, although not required to be landscaped, shall not be used for parking without the written authorization of the Zoning Enforcement Officer and proper permits to do so. Perpetual ZEO 8. Expiration. This Permit shall expire upon abandonment of the use or when the intent of the Petitioner to discontinue the use is apparent, and/or when the Petitioner vacates the property. Perpetual ZEO 9. 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 SIGNATURES ON THE NEXT PAGE Page 6 of 7 169 Sycamore Street September 6, 2018 ZBA 2018-20 (SP) Zoning Board of Appeals Decision By the Zoning Board of Appeals: Melissa M. SantucciRozzi, Chair David Ferris, Clerk Christopher H. Heep, Member John G. Gannon, Member Kelly Donato, Member 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 is to be recorded by the Land Owner. The Owner or Petitioner shall pay the fee for such recording or registering. Page 7 of 7