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Home My Public Portal About48-50 Carroll Street - Final Staff ReportTown 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 #: ZBA-2019-15 SPF SUBJECT PROPERTY: 48-50 Carroll Street PARCEL ID#: 435 11 96A ZONING DISTRICT: T (Two -Family) Zoning District OWNER/PETITIONER: Mehdi Aria ZONING RELIEF SOUGHT: Special Permit Finding §6.02 (j): Setback requirements, to allow an extension of the existing non -conforming parking without the required 4 -foot buffer SPECIAL PERMIT GRANTING AUTHORITY: Zoning Board of Appeals DATE OF STAFF REPORT: July 2, 2019 STAFF RECOMMENDATION: Conditional Approval DATE OF PLANNING BOARD MEETING: Scheduled July 10, 2019 DATE OF ZBA HEARING: Scheduled July 24, 2019 View of Abutter to the East 48-50 Carroll Street ZBA-2019-15 SPF July 2, 2019 Staff Report 1. PUBLIC NOTICE (M.G.L. C. 40A, §11) A. Procedural Summary Petition ZBA-2019-15 SPF is scheduled before the Planning Board on July 10, 2019 and before the Zoning Board of Appeals on July 24, 2019. 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 July 5, 2019 & July 12, 2019 • Post at the Town Administration Building on June 26, 2019 • Mail to Parties in Interest on June 26, 2019 B. Legal Notice Mehdi Aria, 48 Carroll Street, Watertown, MA 02472 requests the Zoning Board of Appeals grant a Special Permit Finding in accordance with Watertown Zoning Ordinance §6.02 (1), Setback requirements, to allow an extension of the existing non -conforming parking without the required 4' buffer. Located in the T (Two -Family) Zoning District. ZBA-2019-15 11. DESCRIPTION A. Site Characteristics The subject property is a 7,579.44+/- square foot parcel (0.174 acres) on Carroll Street containing a 2 - family, two-story residential building built in 1925 (Building Permit) with one parking space to the right of the house. The lot is non -conforming in size (5,000 square feet is required), Frontage (40 feet where 50 feet is required) and for both Side Yards, having 4.3 feet where 10 feet is required and 9.1 feet where 12 feet is required. The Front Yard, Rear Yard and Building Height are all conforming. View of Abutter to the South Note that the vegetation shown to the right of the photograph is on the Abutter's property Page 2 of 6 48-50 Carroll Street ZBA-2019-15 SPF July 2, 2019 Staff Report View of Rear Yard View of the Rear Yard, from the Abutter's property to the South B. Surrounding Land Use Located in the T (Two Family) Zoning District, the property abuts a mix of two family residences. C. Nature of the Request The Petitioner requests a Special Permit Finding from the Zoning Board of Appeals to extend an existing non -conforming driveway further into the site to create a large parking area and "turn around" in the Rear Yard (see Plot Plan). The project would eliminate any remaining part of the required 4 -foot Side Yard buffer on the Northeast side. The extended driveway would be approximately 108 feet in length. The parking/turning area would be approximately 1,332 square feet (37ft x 36ft). D. Public Comments The Department of Community Development and Planning (DCDP) has not received any comments on the project as of the date of this Staff Report. E. Relevant Permitting History The only permits located in Town Records is a 1915 Building Permit for the original house, and a 2019 Building Permit for interior renovations. Staff finds that none of the previous permits materially affect this request for approval. 111. FINDINGS A. Plan Consistency Watertown's 2015 Comprehensive Plan discusses preservation of the Town's residential neighborhoods, which predominantly consist of one and two-family uses. The Zoning Ordinance (WZO) requires setbacks and other dimension limitations to preserve the character of Watertown's neighborhoods. This request would reduce one of the limitations that help to protect that character. 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." Page 3 of 6 48-50 Carroll Street ZBA-2019-15 SPF July 2, 2019 Staff Report Conditionally Met: The Petitioner is requesting a new driveway/parking area because the house is a Two -Family, but the site only has one parking space. As a Two -Family, the minimum required parking by the Watertown Zoning Ordinance (WZO) is 2 onsite spaces. It is common for properties in Watertown to have no onsite parking or less parking than what the WZO would require. At the same time, included with this staff report are two Plot Plans. One represents the Petitioner's original submission (dated 5/29/19) and one is an updated Plot Plan received on July 3, 2019. The proposed project as originally designed had only the minimum 4 -foot buffer on the southern property line. The updated design is the result of discussions with Ms. Adams, Senior Planner. Staff believe it is an improvement from the original design because it provides a 4 -foot buffer where possible to the abutter to the East, and a 6 -foot buffer to the abutter to the South. It likewise reduces the amount of impervious surface relative to the old design. The additional buffer to the East will reduce the potential for damage the roots of a mature pine tree on an abutter's property. Staff suggests a further redesign of the parking and driveway areas, to make the project even more compliant with the WZO. The project has been conditioned to incorporate the following additional design changes include: • Use of porous pavers, permeable pavement or "grasscrete" for some or all of the proposed project, to further reduce impervious coverage, • A softer turn at the end of the driveway, and • Redesign the parking area, to reduce or eliminate the need to remove three mature trees on the Petitioner's property. The retention of mature onsite trees has been found by the Board in prior cases to be a benefit to the neighborhood. A review by the Town Engineer has also determined the proposed project would require a stormwater permit from the Department of Public Works because of the increase in impervious surface over 500 square feet. The parking area alone in the 7/3/19 design is 1,020 square feet (approximately 30 feet x 36 feet). As an interim measure, pending the further redesign of the project, it has been conditioned to require DPW review. Staff notes that the Petitioner is able to reduce impervious coverage (total) to less than 500 square feet, it would eliminate the need for a Stormwater Permit. IV. STAFF RECOMMENDATIONS DCDP staff recommends a Conditional Approval of the requested extension of the existing non- conforming parking as a Special Permit Finding under §4.06(a) as it meets the necessary criteria set forth in the Watertown Zoning Ordinance. Page 4 of 6 48-50 Carroll Street ZBA-2019-15 SPF July 2, 2019 Staff Report V. CONDITIONS # Condition Timeframe for Compliance To be Verified by A. Control Plans. The Control Plan shall be: A. Certified Plot Plan, 48 Carroll Street, by Rober Survey, dated 5/29/19, signed and stamped by Clifford E. Rober, Professional Land Surveyor, received 7/3/19 Shows proposed project layout B. Certified Plot Plan, 48 Carroll Street, by Rober Survey, dated 5/29/19, signed and stamped by Clifford E. Rober, Professional Land Surveyor, received 7/3/19 Shows proposed project layout and indicates "open area" Staff recommends new Plans be submitted per Condition #2 B. Project Design The Proposed project shall: A. Consider using porous pavers, permeable pavement or "grasscrete" for some or all of the proposed project, to further reduce impervious coverage, and if the Petitioner is able to reduce impervious coverage (total) to less than 500 square feet, it would eliminate the need for a Stormwater Permit, B. Create a softer turn at the end of the driveway, and C. Redesign the parking area, to reduce or eliminate the need to remove three mature trees on the Petitioner's property. Prior to BP DPW/ ZEO/ ISD D. Department of Public Works Stormwater Review (unless redesign eliminates this requirement) A. The Petitioner shall submit to the Department of Public Works (DPW) information per the DPW requirements for a stormwater permit. B. Petitioner shall not construct the project until and unless the DPW issues a stormwater permit. C. The Petitioner shall construct the project consistent with the DPW review and the requirements of the stormwater permit (if issued). A = Prior to BP B = Perpetual C= Prior to BP DPW/ / ISD E 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 F. 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. DPW Permit ZEO G Codes/Regulations Compliance The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. Perpetual ZEO/ISD H. 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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