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Home My Public Portal AboutZBA Decision - 11 Mason RoadTOWN 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 September 27, 2018, with five (5) members of the Zoning Board of Appeals (Board) present, case number ZBA-2018-24, a Special Permit, was considered. The following is the decision of this board. CASE #: SUBJECT PROPERTY: PARCEL ID#: ZONING DISTRICT: PETITIONERS/OWNERS: ZONING RELIEF SOUGHT: SPECIAL PERMIT GRANTING AUTHORITY: STAFF RECOMMENDATION: PLANNING BOARD RECOMMENDATION: ZONING BOARD OF APPEALS DECISION: RECORDED WITH TOWN CLERK: ZBA-2018-24 (SP) 11 Mason Road 437 12 47 Two -Family (T) Zoning District Boris Kozorez and Nonna Khachiyan Special Permit: §5.03.6, §5.04(r): FAR above .50 Zoning Board of Appeals Conditional Approval, September 4, 2018 Conditional Approval, September 12, 2018 Conditional Approval, September 27, 2018 October 11, 2018 11 Mason Road ZBA-2018-24 SP October 11, 2018 Zoning Board of Appeals Decision 1. PUBLIC NOTICE (M.G.L. C. 40A, §11) A. Procedural Summary Petition ZBA-2018-24 (SP) was heard before the Zoning Board of Appeals on September 27, 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 September 7 and 14, 2018 • Posted at the Town Administration Building on August 29, 2018 • Mailed to Parties in Interest on August 29, 2018 B. Legal Notice Boris Kozorez and Nonna Khachiyan, 11 Mason Road, Watertown, MA 02472, herein requests the Zoning Board of Appeals grant a Special Permit in accordance with Watertown Zoning Ordinance §5.05(r), FAR, so as to construct a front entry mudroom addition, increasing FAR from .54% to .56%. T (Two -Family) Zoning District. ZBA-2018-24 11. DESCRIPTION A. Site Characteristics The subject property is a 5,489 square foot parcel (0.126 acres) which has non -conforming Side Yards. It contains a two-story, two -unit dwelling. The two-family was built in 1954. As currently configured, the dwelling has a Floor Area Ratio of 0.54. B. Surrounding Land Use The subject property is located in the Two -Family zoning district and is adjacent to older, large two- family residential homes. The house directly to the West was originally an older farm house but is classified as a two-family. C. Nature of the Request The project requires a Special Permit to increase the FAR to .56 where .625 is allowed, in order to construct a covered front entry mudroom addition that complies with the setbacks. D. Public Comments There were no public comments. E. Relevant Permitting History The lot first appeared in the Assessor's listings in 1927 with a Building Permit issued in 1953-1954 for a two-family dwelling. None of the previous permits materially affect this petition. 111. FINDINGS A. Plan Consistency Watertown's 2015 Comprehensive Plan discusses preservation of the Town's neighborhoods. The Board found the proposed new front massing will be minimal; is complimentary to the house's character at the street edge; and is in keeping with the character of the surrounding neighborhood. Page 2 of 5 11 Mason Road ZBA-2018-24 SP October 11, 2018 Zoning Board of Appeals Decision B. Special Permit: §5.03.6, §5.04(r): FAR above .50 The Petitioner requests a Special Permit to increase the FAR from .54 to .56 where up to .625 is allowed. The project must meet the four conditions of approval for a Special Permit as set forth in §9.05(b), of the Watertown Zoning Ordinance. Special Permit Criteria §9.05(b) 1. The specific site is an appropriate location for such a use, structure, or condition. Conditionally Met: This project would add approximately 120 square feet (10'x12') to the existing house to allow for an improved entrance mudroom and front landing. The proposed project is consistent with the Two -Family Zoning District and is less than the maximum FAR allowed by Special Permit of 0.625. The location and design is in -keeping with the structure and neighborhood. 2. The use as developed will not adversely affect the neighborhood. Conditionally Met: The neighborhood is a mix of different housing styles and sizes, many of which are older and larger homes. The proposed new mudroom and entry landing is in keeping with the existing dwelling and is not overbearing to abutting neighbors and does not negatively affect the neighborhood. 3. There will be no nuisance or serious hazard to vehicles and pedestrians. Conditionally Met: The site, with the proposed new entry configuration, continues to provide sufficient off-street parking for all residents/both units. The new expansion is minimal and will enhance the site's relationship to the street. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Conditionally Met: The proposal will add a common, shared front entry and leaves the remainder of the dwellings untouched. The new space will have integrated utilities, as needed. IV. PLANNING BOARD RECOMMENDATION The Planning Board deliberated on the project and suggested the Petitioner consider an exterior treatment on the proposed mudroom that was compatible with the existing brick exterior as the exterior in the submitted renderings appeared to be a flat panel. The Planning Board recommends conditional approval of a Special Permit. , and is consistent with the general purpose of the Ordinance outlined in §1.00. Conditions Matrix shown below. V. ZONING BOARD OF APPEALS DECISION The Zoning Board of Appeals discussed and conditioned the exterior finish to be smooth and seamless. Member Ferris motioned to approve the request for relief of a Special Permit under §5.04(r) for a FAR of .56, as the project meets the criteria set forth in the Watertown Zoning Ordinance and with the additional condition discussed. Member Heep seconded. Members Ferris, Heep, SantucciRozzi, Gannon and Donato voted in the affirmative, 5-0. Page 3 of 5 11 Mason Road ZBA-2018-24 SP October 11, 2018 Zoning Board of Appeals Decision 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. The Control Plans shall be: A. Plan Set, Gallagher Remodeling, Inc., Belmont, 14 sheets, revised as of 6/19/18, received 8/22/18. B. Title Page, Sheet Al C. Proposed Plot Plan, Sheet A2 (See also: Existing Conditions/Plan of Land Showing Improvements, AS Elliott and Associates, 6/19/18) D. Existing and Proposed Foundation Plans, Sheet A3 E. Existing and Proposed First Floor Plans, Sheet A4 F. Proposed First Floor Finish Plan and Schedules, Sheet A5 G. Proposed Roof Plan, Sheet A6 H. Existing Elevations, Sheet A7 I. Proposed Front Elevation, Sheet A8 J. Proposed Side Elevations, Sheet A9 K. Proposed Sections, Sheet A10 L. Proposed Details, Sheet All M. Proposed Floor Framing Plan, Sheet Al2 N. Proposed Ceiling and Roof Framing Plans, Sheet A13 O. Proposed First Floor Electrical Plan, Sheet El 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 As-Built(s). The Petitioner shall submit a certified "As -Built" foundation and plot plan showing all dimensional setbacks at the time of foundation inspection. Building Permit ZEO/ISD 6. 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 7. Exterior Material: The exterior finish should be smooth and seamless. Building Permit ZEO/ISD Page 4 of 5 11 Mason Road ZBA-2018-24 SP October 11, 2018 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 5 of 5