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Home My Public Portal AboutPB Report_28 Nyack St_2019_1211TOWN OF WATERTOWN Department of Community Development and Planning PLANNING BOARD Administration Building 149 Main Street Watertown, MA 02472 Phone: 617-97/-6417 Fax: 617-972-6484 www.watertown-ma.gov PLANNING BOARD REPORT Board Members: Jeffrey W. Brown, Chair Janet Buck Jason Cohen Gary Shaw Payson Whitney, III On December 11, 2019 with five (5) members of the Planning Board (Board) present, case number ZBA- 2019-26, a Special Permit Finding, was considered. The Board submits the following Report, as requested by the ZBA, to aid the ZBA in deciding on the application before it. CASE #: SUBJECT PROPERTY: PARCEL ID#: ZONING DISTRICT: PETITIONERS/OWNERS: ZONING RELIEF SOUGHT: SPECIAL PERMIT GRANTING AUTHORITY: DATE OF STAFF REPORT: STAFF RECOMMENDATION: DATE OF PLANNING BOARD MEETING: ZBA-2019-26 (SPF) 28 Nyack Street 502 71 0 "S-6" Single Family Zoning District Arsen Janikian, 28 Nyack Street, Watertown, MA Special Permit Finding: §4.06(a): SPF to construct a second floor addition within non -conforming setbacks and lot coverage. Zoning Board of Appeals December 6, 2019 Conditional Approval December 11, 2019 DATE OF ZBA HEARING: Scheduled December 18, 2019 28 Nyack Street ZBA-2019-26 SPF December 11, 2019 Planning Board Report I. PUBLIC NOTICE (M.G.L. C. 40A, §11) A. Procedural Summary Petition ZBA-2019-26 (SPF) was heard by the Planning Board on December 11 and is scheduled before the Zoning Board of Appeals on December 18, 2019. As required by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice was given as follows: • Publish in the newspaper of record (Watertown Tab) on November 29 and December 6, 2019 • Posted at the Town Administration Building on November 27, 2019 • Mailed to Parties in Interest on November 27, 2019 B. Legal Notice "Arsen Janikian, 28 Nyack Street, Watertown, MA 02472 requests the Zoning Board of Appeals grant a Special Permit Finding in accordance with Watertown Zoning Ordinance §4.06(a), Alterations to Non - Conforming Setback, to construct a second floor addition within non -conforming setbacks and increasing non -conforming lot coverage. Located in the "S-6" (Single -Family) Zoning District. ZBA-2019-26" 11. DESCRIPTION A. Site Characteristics The subject property is an approximately 6,011 square foot lot with an existing single family residence and a detached garage at the rear. The existing single family dwelling has a pre-existing non -conforming front setback of approximately 20 -feet and a pre-existing lot coverage of 28%, where a 25 -foot front setback and 25% lot coverage is required. Town records show that the existing single family residence was built in 1948. B. Surrounding Land Use The subject property is located in the "S-6" Single Family Residence zone, and is flanked by similar residential uses on all sides. C. Nature of the Request The project requires a Special Permit Finding to construct a full second floor addition over the existing 1.5 story cape style dwelling, also increasing the footprint over an existing open deck at the rear. The proposed second floor addition would be constructed within the required 25 -foot front setback and the addition, over the rear deck, would increase the existing non -conforming building coverage from 28%, to 30.5%, where the district limits maximum building coverage to 25% of the lot. D. Public Comments As of the date of this report, the Department of Community Development & Planning (DCDP) has received no comments. Page 2 of 4 28 Nyack Street ZBA-2019-26 SPF December 11, 2019 Planning Board Report E. Relevant Permitting History The first Building Permit was issued in 1948 for the construction of the existing single-family dwelling and permit issued in 1956 to construct a detached garage. Subsequent permits have been issued for interior renovations. III. FINDINGS A. Plan Consistency Watertown's 2015 Comprehensive Plan discusses preservation of the Town's neighborhoods. The proposed new massing will be minimal, is complimentary to the house's character, and is in keeping with the character of the surrounding neighborhood. B. Special Permit Finding §4.06(a) In accordance with Section 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." Conditionally Met: The proposed project will not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Although the addition would be approximately 5 -feet into the required setback for the district, the existing dwelling and proposed addition would be consistent with other non -conforming setbacks on Nyack Street and the house has the same/similar setback as the adjacent properties. The second story addition was modified from an initial design which altered the roof outside of the setback to allow an increased ridge height and added gable dormers at the front. The first design increased the amount of coverage in the rear much more and created more massing at the side and rear of the lot, by recreating a "saltbox" style roof line. That design was deemed not appropriate, and had more massing visible to the neighboring lots. The proposed revised plan allows the second floor to be used at the front and reduces the amount of addition needed to the rear. The additional massing at the front changes the cape style dwelling (to a colonial style dwelling at the front and maintains more of the gable roof line visible from the neighboring lots, rather than the "saltbox" previously proposed. This design minimizes the overall massing at the rear and side and the change from a cape style to a colonial style dwelling would be consistent with other second story additions in this neighborhood. IV. PLANNING BOARD AND STAFF RECOMMENDATIONS At the Planning Board Hearing, the Board identified some discrepancies and suggested that they should be resolved prior to approval. They mentioned that there were typos and errors on A-003 and A 005.00, that it was not clear if new siding would be used (they have not finalized what would be replaced but felt that the front and sides would be replaced), the application table versus plot plan and site plan was confusing with reference to 17.8' setback for addition but house is within setback. Staff identified that the plot plan is scaled and that the setback of the addition can be verified, and that it is not in the 12' side yard setback. The Planning Board and DCDP staff recommends conditional approval of a Special Permit Finding under §4.06(a) for constructing a second -floor addition within the pre-existing non -conforming front setback and increasing the pre-existing non -conforming building coverage, meeting the criteria set forth in the Watertown Zoning Ordinance. In addition the proposed addition would be consistent with the general purpose of the Ordinance outlined in §1.00. The Conditions shall be as follows: Page 3 of 4 28 Nyack Street ZBA-2019-26 SPF December 11, 2019 Planning Board Report V. CONDITIONS # Condition Timeframe for Compliance To be Verified by 1. Control Plans. The Control Plans shall be: A. Plans entitled, "Zaven Ishakian/Arsen Janiskian, 28 Nyack St, Watertown, MA 02472," dated, August 9, 2019; B. Plot Plan entitled, Plot Plan, 28 Nyack Street, Watertown, Mass.," prepared by Edward J. Farrell, Prof. Land Surveyor, dated, October 8, 2019. 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. 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 Page 4 of 4