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Home My Public Portal About93_California_St_PB Report_201308231000041136 TOWN OF WATERTOWN 1630 Department of Community Development and Planning PLANNING BOARD t� mv ' Administration Building Board Members: 149 Main Street John B.Hawes,Jr., Chairman Watertown, MA 02472 Linda Tuttle-Barletta Phone: 617-972.6417 Jeffrey W. Brown Fax: 617-972-6484 Fergal Brennock www.watertown-ma.gov Neal Corbett PLANNING BOARD REPORT On June 12, 2013 with five (5)members of the Planning Board(the Board)present, case#ZBA- 2013-16 SPFNAR, a Special Permit Finding and Variance to be heard by the Zoning Board of Appeals on June 24, 2013,was considered. The Board submits the following report, as requested, to aid the Zoning Board of Appeals in deciding the application before it. CASE#: ZBA-2013-16 SPFNAR SUBJECT PROPERTY: 93 California St.,Watertown,MA PARCEL ID#: 12520 ZONING DISTRICT: OSC (Open-Space Conservancy)Zoning District OWNER/PETITIONER: Christopher&Rose Zevitas, 93 California St., Watertown ZONING RELIEF SOUGHT: Special Permit Finding §4.06(a); Alterations to Non-Conforming Structures; §5.04, Table of Dimensional Regulations; Variance 6.020), Off- Street Parking SPECIAL PERMIT GRANTING AUTHORITY: Zoning Board of Appeals STAFF RECOMMENDATION: Conditional Approval, June 6, 2013 PLANNING BOARD MEETING: June 12, 2013 (5-0)recommending conditional approval DATE OF PLANNING BOARD REPORT: June 18, 2013 ZONING BOARD OF APPEALS HEARING: Scheduled June 24, 2013 Page 1 of 6 93 California Street June 18,2013 ZBA-2013-16 SPF&VAR Planning Board Report I. PUBLIC NOTICE(M.G.L.C.40A,01) A. Procedural Summary Petition ZBA-2013-16 SPF &VAR was heard by the Planning Board on June 12,2013 and is scheduled to be before the Zoning Board of Appeals on June 24,2012. As required by M.G.L. c. 40A, sec.I 1 and the Watertown Zoning Ordinance,notice was given as follows: • Published in the newspaper of record(Watertown Tab)on 06/07/2013 and 06/14/2013; • Posted at the Town Administration Building and on the Town Website on 5/29/2013; and, • Mailed to Parties in Interest on 05/29/2013. B. Lesal Notice "Christopher & Rose Zevitas, 93 California Street, Watertown, MA herein request the Zoning Board of Appeals grant a Special Permit Finding in accordance with Watertown Zoning Ordinance §4.06(a), Alterations to Non-Conforming Structures and §5.04, Table of Dimensional Regs; and Variance from §6.02a), Off-Street Parking, so as to raze attached one-story garage and construct a 2 % -story addition, maintaining non-conforming front yard setback at 8.9, where 25' is required and westerly side yard setback from 4.6'to 4.4; where 25'is required and further improving/formalizing an existing parking area in front of the garage for two vehicles to become front yard parking with existing setbacks less than 5' from the front lot line OS/C (Open Space Conservancy) Zoning District. ZBA-2013-16" II. DESCRIPTION A. Site Characteristics The subject property is a 6,500 square foot triangle-shaped lot with a 2-story gable-roofed house built about 1920 with a single-story kitchen and a deck added on to the rear of the house. There is an attached concrete block single-story garage on the westerly side with a gravel driveway being used by two vehicles. B. Surrounding Land Use The subject property is located in the OSC(Open Space Conservancy)Zoning District. The site is on the Watertown-Newton boundary adjacent to commercial/industrial properties to the west and southwest,the Charles River to the north,DCR owned parkland to the east and single-family residential properties across the street to the south. r r- :a 'r Front fagade from California St. Rear of garage and house Page 2 of 6 93 California Street June 18,2013 ZBA-2013-16 SPF&VAR Planning Board Report C. Nature of the Request The Petitioner requested a Special Permit Finding to expand an existing single-family house by adding a two-story addition with a family room on the first floor and a bedroom and bath on the second floor. The project would require the demolition of a dilapidated attached garage/workshop and would maintain the existing 8.9' front yard setback and side yard setbacks of 4.6' and 15.5' where 50' is required in the front and 25' is required n the sides. The demolition of the garage would remove one existing parking space and the addition creates non-conforming front yard parking. The project also requires a Variance to formalize the existing parking area for two vehicles in what would become the front yard. III. RELEVANT PERMIT HISTORY Special Permit Finding: 04-15 SPF—In 2004, an approval was granted but no building permit or construction was completed for construction of a second floor addition above the garage 17'x 22' 1" maintaining the existing driveway within the front yard. IV. PUBLIC COMMENTS No comments were received at the time of this report. V. FINDINGS A. Plan Consistencv Plans do not address existing residential development within Watertown's Open Space district. 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 would not be substantially more detrimental to the neighborhood than the existing condition. The area has industrial and commercial directly adjacent to it in Newton and has the Charles River Reservation to the other side. No changes are being proposed to the side facing the open space and the rear yard will have a deck removed. The front yard is unique and parking would not detract from the open space lands or the paved parking lot to the west. The proposal does not diminish views from neighboring properties and will not conflict with the surrounding uses. The proposal also proposes to increase the amount of pervious areas on the site including all parking areas and the removal of a deck in the rear yard. C. Variance in accordance with �5.04 Height and�5.05 (i)in the S-10-zone In order to grant a Variance,the Zoning Board of Appeals must find that the proposal meets all of the conditions for approval of a variance as outlined in §9.14 of the WZO and Chapter 40A, Section 10 of the General Laws of Massachusetts. Those criteria are listed below with a finding on whether each criterion is met: Page 3 of 6 93 California Street June 18,2013 ZBA-2013-16 SPF&VAR Planning Board Report 1. The variance is sought because of circumstances relating to the soil conditions,shape, or topography of such land or structures, and especially affecting such land or structures but not affecting the zoning district in which it is located. Met: The site is unique in that it has an existing single-family house built in the 1920s prior to Zoning requirements on a 6,473 s.f.triangular lot in a district primarily meant for public uses and open space with setbacks so large that almost the entire lot would be unbuildable. The site also has the floodplain to the rear with areas of seasonal standing water. 2. Literal enforcement of the Zoning Ordinance would involve substantial hardship,financial or other, to the appellant. Met: The applicant has a small garage that does not work for modern vehicles. It is dilapidated and needs repairs to remain viable. The existing house is on a very unusual lot and has areas of standing water to the rear. An addition to the rear would also impact the open spaces to the rear and sides of the site. Not allowing an addition would limit the amount of livable space. 3. Desirable relief maybe granted without substantial detriment to the public good. Met: This lot appears to be the only single-family site in Watertown zoned as OSC (Open Space/Conservancy) and it is unusual in its depth and width and topography within any area of Watertown. The project has also proposed to make the driveway/parking be pervious. Because of these unique features and location,this proposal would not be a detriment to the public good. 4. Desirable relief may be granted without nullifying or substantially derogating from the intent of the Zoning Ordinance. Met: This project does not nullify or derogate from the Zoning Ordinance. The proposed addition is architecturally appropriate,minimizes impervious surfaces on site and removes a dilapidated attached garage. It does not derogate from the intent of the zone, as it is a sliver parcel at the edge of a commercial area in Newton and is private property that has been residential long before the zone was created. VI. STAFF AND PLANNING BOARD RECOMMENDATIONS Staff and the Planning Board finds that the petition meets the criteria set forth under §4.06(a)and §9.14 (b) and with the general purpose of the Ordinance outlined in §1.00 of the WZO and recommends conditional approval of the requested Special Permit Finding(5-0 for approval) and Variance (5-0 for approval). VII. CONDITIONS Timeframe To be # Condition for Verified Compliance by Control Plans. 7 Pages: Plan of Land in Watertown,MA, 93 California S Existing Condition Plan&Proposed Conditions 1 Plan,EMB Everett M. Brooks CO dated 3/19,2013 and revised BP, ZEO/ISD 5/7/2013; and,X-1 Existing Plans;X-2 Existing Elevations; A-1 Perpetual Proposed Plans; A-2 Proposed Elevations;A-3 Proposed Building Sections all by Pierce Lamb Architects dated Page 4 of 6 93 California Street June 18,2013 ZBA-2013-16 SPF&VAR Planning Board Report - Timeframe To be # Condition for Verified Compliance by 5/14/2013 Plan Modifications. Neither the Petitioner nor any present or fixture 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 2. DCDP for an opinion as to whether or not such change or CO ZEO/ISD 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. Recordation.Upon application for a Building Permit,the Petitioner shall provide evidence to the Zoning Enforcement 3' Officer that this entire decision has been filed with the Registry BP ZEO of Deeds. Compliance. The Petitioner shall comply with all other 4. applicable local, state,and federal requirements, ordinances, CO ZEO/ISD and statutes. As Built(s). The Petitioner shall submit a certified"as-built" ZEO/ 5. foundation plot plan showing all dimensional setbacks at the BP ISD time of foundation inspection. Certificate of Occupancy/Final Inspection. A copy of the Building Permit with final approval signatures from all relevant 6' inspectors must be submitted to the Zoning Enforcement CO ZEO Officer upon completion of the project. Permit Expiration. In accordance with WZO §9.16, if the rights authorized by a variance are not exercised within one(1) 7. year of granting of variance they shall lapse and may not be re- Perpetual ZEO established except after notice and a new hearing, or as allowed by applicable State or Federal Law. Conservation Review.No permit shall be issued without an 8. order of conditions and any requirements shall be incorporated BP ZEO herein. 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