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Home My Public Portal About169 Sycamore Street_SP_Home Occupation and Truck_FinalTown of Watertown Department of Community Development and Planning STAFF REPORT This Staff Report is a technical analysis of the submitted application material and the required findings of the Watertown Zoning Ordinance. It is based only upon information submitted prior to the public hearing and may be revised or updated with new recommendations, findings and/or conditions as new information is obtained by Planning Staff during the public hearing process. CASE #: SUBJECT PROPERTY: Parcel ID # ZONING DISTRICT: PETITIONER & OWNER: ZONING RELIEF SOUGHT: SPECIAL PERMIT GRANTING AUTHORITY: DATE OF STAFF REPORT: STAFF RECOMMENDATION: DATE OF PLANNING BOARD: ZBA-2018-20 SP 169 Sycamore Street 524 6 127 Two Family (T) Zone Daniel A. Lombard, II 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 July 31, 2018 Conditional Approval Scheduled August 8, 2018 DATE OF ZONING BOARD OF APPEALS: Scheduled August 29, 2018 House and driveway Driveway looking back towards Dwight St 169 Sycamore Street ZBA 2018-20 (SP) July 31, 2018 Staff Report 1. PUBLIC NOTICE (M.G.L. CH. 40A, §11) A. Procedural Summary Petition ZBA-2018-20 (SP) is scheduled to be heard by the Planning Board on August 8, 2018, and 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 will be given as follows: • Publish in the newspaper of record (Watertown Tab) on August 3 & 10, 2018; • Post at the Town Administration Building on July 25, 2018; • Mail 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 3 ton truck at the owner's property. T (Two -Family) Zoning District. ZBA-2018-20" End of driveway, and rear deck (business entrance) llP ' .' ullllt Front of House on Sycamore St Page 2 of 8 169 Sycamore Street ZBA 2018-20 (SP) July 31, 2018 Staff Report 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 As of the date of this Staff Report, the Department of Community Development & Planning (DCDP) received an Email from Christian Beltran and his wife, Amy Montero, who are direct abutters to the Petitioner. Their Email states that they are not opposed to his request of keeping a box truck in his driveway and the Home Occupation. No other comments have been received at the time of this report. E. Relevant Permitting History There are no Special Permits or Variances and no previous Building Permits are relevant to this request for approval. Page 3 of 8 169 Sycamore Street ZBA 2018-20 (SP) July 31, 2018 Staff Report 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, but 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. 2. The use as developed will not adversely affect the neighborhood. Met: As proposed, the use will not adversely affect the neighborhood. Currently, the proposed business entrance faces the back of the property. (See site photos). The proposal would involve the business owner/homeowner, as well as no more than 2 employees, parking in the driveway. Based on the Parking Plan provided by the Petitioner, there is sufficient space for five cars and a business/Box Truck to be parked in the driveway. The Petitioner also does not need to alter the site in any way to accommodate the requested >3/4 -ton Box Truck. Page 4 of 8 169 Sycamore Street ZBA 2018-20 (SP) July 31, 2018 Staff Report 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). Staff recommends the project be conditioned to require the Petitioner to improve the existing condition by providing a clear separation using a 6 -inch curb to define the driveway edge and the required buffer. The Petitioner should also provide this area as open space from the curb to the fence on the common lot line. At the same time, the Petitioner's Parking 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. Staff recommends that the Special Permit request be conditioned to require the Petitioner to seek a modification of this Decision 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. 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. RECOMMENDATION: As 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, staff recommends that a Special Permit under §5.02(d): Home Occupation and §5.02(f): Parking for Occupant's Business Truck Exceeding %-Ton Capacity be granted with the following conditions, shown below: Page 5 of 8 169 Sycamore Street ZBA 2018-20 (SP) July 31, 2018 Staff Report V. CONDITIONS # Condition Timeframe for Compliance To be Verified by 1. Control Plans: A. Two color photos of the subject property, included as part of the Application Form. One shows the driveway off Dwight Street, gravel area, garage and the side of the house. The other photo shows the front of the house as seen from Sycamore Street. B. Print of Google Maps with the property encircled in blue pen. C. Building Permit Plot Plan, dated 6/17/00, drawn by James J. Abely, Professional Land Surveyor, stamped and signed D. 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. E. 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 BP/ 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. The Petitioner shall seek a modification of this Decision 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. Perpetual ZEO/ISD 3. 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 Implementa- tion/30 Days Post Issuance of this Decision ZEO Page 6 of 8 169 Sycamore Street ZBA 2018-20 (SP) July 31, 2018 Staff Report # Condition Timeframe for Compliance To be Verified by 4. Final Inspection: A copy of the Building Permit with final approval signatures from all relevant inspectors must be submitted to the Zoning Enforcement Officer upon completion of the project. BP ZEO 5. Codes/Regulations Compliance. The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. Prior to Implementa- tion of the Home Occupation ZEO/ISD 6. Site Design. The Petitioner shall: a. Provide a clear separation along the driveway edge shown on Control Plan E towards the Rear property line by installing a 6 -inch curb between the driveway and the required rear yard parking buffer. Prior to Implementa -tion of the Home Occupation 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 to any other person or entity. 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 D. E. Have no on -site signage advertising the Home Occupation. 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. 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