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Home My Public Portal AboutPrior Approved Decision y TOWN OF WATERTOWN Zoning Board Of Appeals i Administration Buildinq_ 149 Main Street -- WATERTOWN, MASSACHUSETTS 02472` Melissa M.Santucci Rozzi,Chairperson Telephone(617)972-6427 Deborah Elliott,Clerk Facsimile (617)926-7778 David Ferris,Member www.watertown-ma.qov Suneeth P..John,Member Christopher H.Heep,Alternate Zoning Board of Appeals Decision On October 24, 2012 with four(4) members of the Zoning Board of Appeals (the Board) present, case#ZBA-2012-22 SPF, a Special Permit Finding was heard. CASE#: ZBA-2012-22 SPF SUBJECT PROPERTY: 36 Arden Road,Watertown,MA7,1 PARCEL ID#: 1127 20 7 ZONING DISTRICT: S-10 (Single-Family)Zoning District OWNER/PETITIONER: Mark Dawson, 36 Arden Road ZONING RELIEF SOUGHT: Special Permit Finding §4.06(a) side yard setback SPECIAL PERMIT GRANTING AUTHORITY: Zoning Board of Appeals DATE OF STAFF REPORT: September 28,2012 STAFF RECOMMENDATION: Conditional Approval, September 28, 2012 PLANNING BOARD RECOMMENDATION Conditional Approval, October 10, 2012 ZONING BOARD OF APPEALS DECISION Conditional Approval, October 24, 2012 DATE RECORDED WITH TOWN CLERK'S November 7, 2012 OFFICE I IIIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII III II IIIII IIIII IIIII IIIII IIII I III 2012 00288770 Bk:_60868Pg-�305----DOG. DECK Page: 1 of 5 12/31/2012 12:59 PM Page 1 of 5 'r 4 36 Arden Road October 24,2012 ZBA-2012-22 SPF Zoning Board of Appeals Decision I. PUBLIC NOTICE(M.G.L.C.40A,W) A. Procedural Summary Petition ZBA-2012-22 SPF by Zoning Board of Appeals on October 24,2012 and the Planning Board on October 10,2012. As required by M.G.L. c. 40A, see.11 and the Watertown Zoning Ordinance, notice was given as follows: • Published in the newspaper of record(Watertown Tab&Press) on 10/5/2012 and 10/12/2012; • Posted at the Town Administration Building and on the Town Website on 9/26/2012; and, • Mailed to Parties in Interest on 9/26/2012. B. Legal Notice "36 Arden Road—Special Permit Finding Mark Dawson herein requests the Zoning Board of Appeals to grant a Special Permit Finding in accordance with It/Additions to Nor ,. on orming Structures) of the Zoning Ordinance so as to construct a rear deck maintaining the existing non-conforming northerly side yard setback of 6'. S-10 (Single Family)Zoning District." H. DESCRIPTION A. Site Characteristics The subject property is a 7,652 s.f lot on Arden Road containing a 2 1/2 story gable-roofed house with interior renovation currently taking place. The rear yard has a small shed and a retaining wall near the property line.The subject house is located 6' from the property line to the west,where the neighbor's driveway is located(without a landscape buffer). The properly is nonconforming regarding lot size (7,652 s.f.where 10,000 s.f is required)and westerly side yard setback(6' where 10' is required). 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 westerly side yard). The deck maintains the existing non-conforming westerly side yard setback of 6 feet,where 10' is required. The proposal requires a Special Permit Finding from Watertown Zoning Ordinance §4.06(a)to alter a nonconforming structure within the required side yard setback of 10 feet. M. PUBLIC COMMENT No public comments were received for this proposal. j Yw✓�f�If\� .%i.m..i�si� L. NOW 2 8 Page 2 of 5 36 Arden Road October 24,2012 ZBA-2012-22 SPF Zoning Board of Appeals Decision IV. FINDINGS A. Plan Consistencv 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 FindinLy�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. V. ZONING BOARD OF APPEALS DECISION Member Ferris noted that the location of the proposed stairs at the rear of the deck are not consistent between the plot plan and the architectural plans. The Petitioner stated the preferred location of the stairs is depicted in the plot plan(as hand noted on the architectural drawings). Member Ferris noted that the width of the stairs are not accounted for in the dimensioned rear yard setback depicted in the plot plan, which should be updated to reflect that the rear yard setback is measured to the stairs at 20.7',not 24.7' . Member Elliott made a motion to approve the Special Permit Finding §4.06(a)with the conditions recommended by the Planning Board and Staff and the changes noted to the plans as discussed, as it meets the necessary criteria set forth in the WZO. Member John seconded the motion.The motion passed 5-0. ZBA-2012-22 SPF has been Granted by the Zoning Board of Appeals. ,w ate'-.RK f ADV2812 k t Page 3 of 5 f 36 Arden Road October 24,2012 ZBA-2012-22 SPF Zoning Board of Appeals Decision VI. CONDITIONS The conditions of approval including timeframes for compliance are listed in the table below. im@frame To be. #. . Verified. „ COMVIAnc.6y The Control Plans shall be:Plan of Land in Watertown,MA at 36 Arden Road prepared by Wade Putnam,Professional Land Surveyor,June 30,2012 and the architectural drawings titled Proposed Deck Addition by Construction Design Services:D-1, 1. Deck Plan;D-2,Rear Elevation; and,D3,Deck Framing Plan, perpetual ZEO/ISD all dated February 25,2012. Note: The Plot Plan shows the correct location of the proposed rear stairs with a rear yard setback of 20.7'. The architectural drawings do not show the correct location of the rear stairs. 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 2 first filing a formal request with the DCDP for an opinion as to CO ZEO/ISD 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. Upon application for a Building Permit,the Petitioner shall 3. provide evidence to the Zoning Enforcement Officer that this BP ZEO entire decision has been filed with the Registry of Deeds. 4 The Petitioner shall comply with all other applicable local, state, CO ZEO/ISD and federal requirements, ordinances, and statutes. A copy of the Building Permit with final approval signatures 5. from all relevant inspectors must be submitted to the Zoning CO ZEO Enforcement Officer upon completion of the project. In accordance with WZO §9.13, a special permit granted under §9.04 shall lapse one year from the date of grant thereof if 6 substantial use thereof has not sooner commenced except for perpetual ZEO 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. 2 J? Page 4 of 5 36 Arden Road October 24,2012 ZBA-2012-22 SPF Zoning Board of Appeals Decision Attest,by the Zoning Board of Appeals: Melissa M. Santucci Rozzi, Chair Deborah Elliott, Clerk David Ferris,Member Suneeth P. John,Member Christopher H.Heep,Alternate Attest,by the Clerk to the Zoning Board 2ofppeals: i Louis A.)6vett Clerk to the Zoning Board of Appeals THE COMMONWEALTH OF MASSACHUSETTS Certificate of Granting (General Laws Chapter 40A, Section 11) Twenty days have elapsed and no appeal has been Bled 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 is the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. Attest,by the Town Clerk: ., Date: f I Received and entered with the Register of Deeds in the County of Southern Middlesex f Attest,Register of Deeds: Book Page Notice to be recorded by Land Owner Page 5 of 5 00 `�-o � Ir 1 "' --------------------------L---------------'w ` Official Receipt for Recording. in: Middlesex South Registry of Deeds 208 Cambridge St. Cambridge, Massachusetts 0,2141 Issued To: r' MARK DAWSON 36 ARDEN RD WATERTOWN MA 02472 Recording Fees '. ------------------------------------_------- = Document Recortirtg Description Number BooklPdge 'Amount . DECIS 00288770 6086$ 305. ,',$75.00 $75.,00 Co;l,Tected Amounts"-' ------------ --------------- ------------ Payment '~ Type Amount _ - _---------- o J Cash $75.00 f.-, ----$75.00� ,T'otal Recelved 71_e5 s Total Recordings: 5.00 } Change Due 'f ,t00 ti. . Thank You EUGENE C. .BRUNE - Reg;ister of.Deeds By: El isabeth.E Receipt§ Dal " '*009 1213.y-",