HomeMy Public PortalAbout36 Arden Staff Report_2018Town 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:
OWNER/PETITIONER:
ZONING RELIEF SOUGHT:
SPECIAL PERMIT GRANTING AUTHORITY:
DATE OF STAFF REPORT:
STAFF RECOMMENDATION:
DATE OF PLANNING BOARD MEETING:
DATE OF ZBA MEETING:
ZBA-2018-26 SPF
36 Arden Road
1127 20 7
S-10 (Single -Family) Zoning District
Mark Dawson, 36 Arden Road
Special Permit Finding §4.06(a) side
yard setback
Zoning Board of Appeals
November 9, 2018
Conditional Approval
Scheduled November 14, 2018
Scheduled November 28, 2018
36 Arden Road November 9, 2018
ZBA-2018-26 SPF Staff Report
L PUBLIC NOTICE (M.G.L. C. 40A, 411)
A. Procedural Summary
Petition ZBA-2018-26 SPF is scheduled to be before the Planning Board on November 14, 2018 and
the Zoning Board of Appeals on November 28, 2018. As required by M.G.L. c. 40A, sec.11 and the
Watertown Zoning Ordinance, notice will be given as follows:
• Published in the newspaper of record (Watertown Tab) on 11/9/18 and 11/16/18;
• Posted at the Town Administration Building on 10/31/18; and,
• Mailed to Parties in Interest on 10/31/18.
B. Legal Notice
"Mark and Doreen Dawson, 36 Arden Road, Watertown, MA 02472, herein requests the Zoning Board of
Appeals grant a Special Permit Finding in accordance with Watertown Zoning Ordinance §4.06(a)Alterations
to Existing Non -Conforming Structures, so as to construct a rear deck, maintaining existing non -conforming
northerly side yard setback of 6', where 10' is required. S-10 (Single Family) Zoning District. ZBA-2018-26"
II. DESCRIPTION
A. Site Characteristics
The subject property is a 7,652 square foot lot on Arden Road containing a 2'/2 story gable -roofed house.
The rear yard has a small shed and there is a retaining wall near the rear property line. The neighbor's
driveway has no landscape buffer and the subject house is located six feet from the property
line/driveway. The property is nonconforming regarding lot size (7,652 s.f. where 10,000 s.f. is required)
and side yard setback (6' where 10' is required).
View of House from Arden Road
Rear of House and Existing Deck
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36 Arden Road
ZBA-2018-26 SPF
November 9, 2018
Staff Report
36 Arden Road Pictometry
04/29,201
Context Photograph
B. Surrounding Land Use
Located in the S-10 (Single -Family) Zoning District, the property abuts primarily one -family residences
and the Oakley Country Club is located to the north of the property on a dead-end street.
C. Nature of the Request
The Petitioner proposes to replace an existing approximately 8' x 11.5' deck and stairs with a new 16'x
16' deck with two sets of stairs (one into the rear yard and one to replace existing stairs into the side
yard). The deck maintains the existing non -conforming side yard setback of 6 feet.
The proposal requires a Special Permit Finding §4.06 (a) to alter a nonconforming structure within the
side yard setback of 10 feet where 6 feet exists.
D. Public Comments
As of the date of the staff report, no comments were received by the Department of Community
Development and Planning (DCDP).
E. Relevant Permitting History
According to Town records, 36 Arden Road has only Building Permits, which are not relevant to this
request.
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36 Arden Road November 9, 2018
ZBA-2018-26 SPF Staff Report
III. FINDINGS
A. Plan Consistency
Existing plans do not specifically address development within Watertown's residential neighborhoods.
Single-family use in residential neighborhoods is generally in keeping with the vision and strategies of
relevant plans
B. Special Permit Finding §4.06(a)
In accordance with §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."
The proposed addition of a deck within the side yard setback would not be substantially more detrimental
than the existing condition. The deck extends, but would not increase or create any new non -conformity.
The proposal would not diminish the views from neighboring properties and is a more architecturally
appropriate design than the existing deck. The stairs within the side yard setback are replacing an existing
set of stairs.
IV. STAFF RECOMMENDATIONS
Staff recommends conditional approval of the requested Special Permit Finding §4.06(a) as it meets the
necessary criteria set forth in the WZO. The recommended Conditions appear on the next page.
V. CONDITIONS
#
Condition
I
Timeframe
for
Compliance
To be
Verified
by
1
The Control Plans:
A. Plan of Land in Watertown, MA at 36 Arden Road prepared
by Wade Putnam, Professional Land Surveyor, June 30, 2012
B. Proposed Deck Addition by Construction Design Services,
drawings D-1, Deck Plan; D-2, Rear Elevation; D3, Deck
Framing Plan, all dated February 25, 2012
Building
Permit (BP)/
perpetual
ZEO/ISD
2.
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.
Certificate of
Occupancy
(CO)/Perpetual
ZEO/ISD
3.
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.
BP
ZEO
4
The Petitioner shall comply with all other applicable local, state, and
federal requirements, ordinances, and statutes.
CO
ZEO/ISD
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36 Arden Road
ZBA-2018-26 SPF
November 9, 2018
Staff Report
#
Condition
Timeframe
for
Compliance
To be
Verified
by
5.
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.
CO
ZEO
6
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
36 Arden Road (S-10)
420 It
Ponted on -101121201n al 11 55 AM
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