HomeMy Public PortalAboutZEO Memo 9-19-13_201309200932114317Town of Watertown
Department of
Community Development and Planning
Administration Building
149 Main Street
Watertown, MA 02472
(617) 972-6417
FAX (617) 972-6484
To: Zoning Board of Appeals
Steve Magoon, Director of CD&P
From: Mike Mena, Zoning Enforcement Officer
Date: September 19, 2013
Subject: APPEAL OF THE DETERMINATION OF THE ZONING ENFORCMENT
OFFICER
PURPOSE
An application to Appeal the Determination of the Zoning Enforcement Officer was
submitted on, August 15, 2013, in response to a Code Compliance Order regarding an
unpermitted, separate unit, in the basement of a single family residence. The subject
application is appealing and requests the following:
1. Appeal the order to remove the kitchen facility in the basement, including the
stove/oven, the hood and fan above the stove, and the kitchen sink;
2. Request to rezone the property to allow for a second unit;
3. Request to appeal the State Building Code regarding minimum ceiling height for
habitable areas in a basement.
The herein memorandum/report will only address the appeal to remove the unpermitted
kitchen facility located in the basement. The request to rezone the property and the
request to appeal the State Building Code are not appealable through the Zoning Board
of Appeals.
HISTORY/ BACKGROUND
On July 26, 2013, the Watertown Health Department informed the Zoning Enforcement
Officer (ZEO) of a recent inspection where they questioned the legality of a basement
apartment (2nd unit). Upon researching the property’s zoning and building permit
history, it is was determined that the subject basement would in fact be considered an
unpermitted/illegal basement apartment and a subsequent C ode Compliance Order
was mailed to the property owner. The ZEO and the town’s Electrical Inspector
APPEAL ZEO DETERMINATION
179 Chapman Street
September 19, 2013
Page 2
inspected the basement apartment on Wednesday, July 31, 2013. Upon inspection
staff noted that the basement consisted of: a full bathroom, a kitchen (stove/oven, sink,
and refrigerator); a living area with a couch and table; a separate room identified by the
owner as a bedroom; and a storage/mechanical room. Staff also noted that the ceiling
height of the basement appeared to be less than seven (7) feet an d the noted that the
bedroom, appeared to be less than 70 square feet and lack ed a proper egress window,
not in conformance to minimum State Building Code requirements for habitable areas
and bedrooms.
Property/Permitting History
The property was originally zoned as General Residential Districts #2. Uses permitted
in the General Residential District #2 included single family and two family residences.
Subsequently, in 1964, the property/area was rezoned to the current “S-6” – Single
Family Zoning District (see zoning maps below). Two-family dwellings are prohibited in
the “S-6” zoning district.
A Building Permit was issued to the subject property in 1960 to construct a One Family
Dwelling and Garage. Subsequent permits issued, include an addition to an existing
porch in1971 and a reroof permit in 2008. Neither permit in 1971 nor 2008 listed the
number of units on the application . The Assessor’s Office listed the property as a
single family residence from its origin through 2008, consistent with the building permit
history. Subsequently, in 2009, the Assessor’s Office reassessed the property as a
two-family residence. No permits were issued to legally convert the basement to a
separate apartment unit/living area.
April 1962
May 1965
APPEAL ZEO DETERMINATION
179 Chapman Street
September 19, 2013
Page 3
Code Enforcement History
A previous Code Compliance Order was sent to the former owner on, November 3,
2000, regarding an alleged unpermitted unit in the basement. No information as to any
resolution was found. A second Code Compliance Letter was issued on April 6, 2007
for an Accessory Structure which did not meet setback requirements. Again, no
documentation as to the resolution was found in the public record.
ANALYSIS
The “S-6” Single Family Zoning District is typified by the 6,000 square foot lots which is
prevalent in this portion of town. The “S-6” district is characterized as a lower density
neighborhood with single family detached homes mixed with some older two-family
attached residences, grandfathered under the previous zoning district (prior to 1964 ).
Building permit records indicate that 30 two -family residences were constructed on
Chapman Street between 1927 and 1962; all of which were issued building permits and
constructed prior to the “S-6” rezoning from the former Residential #2 District, which
permitted both single and two-family residences. The subject property at 179 Chapman
Street was not constructed/ permitted as a two-family residence and therefore, is not
determined to be a “grandfathered” two -family.
The Watertown Zoning Ordinance defines a Two-Family Dwelling as a, “Detached
residential building designed or intended or used exclusively as the home or residence
of two families.”
Design
The existing structure meets the definition of a two-family dwelling as it is designed for,
and contains provisions for two separate and independent units for living, sleeping,
eating, cooking, sanitation, and separate entrances. One living unit located on the main
floor of the residence and the other, independent living unit located in the basement .
Intent
Staff has determined that intent to use the basement as a separate unit has been
established based on the history of it being rented out as a separate unit. Additionally,
after the town’s Code Compliance Order was issued the Zoning Office rece ived a
phone call from a prospective tenant asking if they could still move into the basement
as a separate unit. Furthermore, the owner has stated that she could not maintain the
cost of the mortgage without the rental income from the basement unit. Ther efore,
based on the past and recent history, along with statements by the owner, the intent to
rent the basement as a separate unit has been well documented.
APPEAL ZEO DETERMINATION
179 Chapman Street
September 19, 2013
Page 4
RECOMMENDATION
Staff recommends that the Zoning Board of Appeals find that the structure/basement
and use at 179 Chapman Street meets the definition of a two-family dwelling and that
the cooking facilities, stove/oven, hood/fan, and the kitchen sink be removed within 30
days of this decision/determination by the Zoning Board of Appeals.
MIKE MENA, Zoning Enforcement Officer
Community Development and Planning
Attachments:
1. Code Compliance Order, dated July 26, 2013;
2. Revised Compliance Order, dated August 2, 2013;
3. Zoning Enforcement Appeal Application, received August 15, 2013;
July 26, 2013
Ms. Karen Ziminski
179 Chapman Street
Watertown, MA 02472
RE: CODE COMPLIANCE ORDER for
179 Chapman Street, Watertown
Dear Property Owner:
It has been reported to this office that a separate dwelling has been constructed at the above
residence without benefit of permit(s). Unpermitted work pose a significant life and safety
concern of the town and for your tenants/occupants located at the above address. Please review
the code violations and deadlines below:
VIOLATIONS
MASSACHUSETTS STATE BUILDING CODE
1. Construction/conversion of the basement to create a separate living
unit, without application submittal to the Building Division of
Watertown, MA.
STATE BUILDING CODE, 780 CMR 5101.2 Scope and Authority. The
provisions of 780 CMR 51.00 through 99.00 shall apply to detached one-
and two-family dwellings, not more than three stories in height with
separate means of egress, and their accessory structures as follows: 1. The
construction, reconstruction, alteration, enlargement, replacement, repair,
demolition, removal, or movement and installation of equipment, the
inspection of and issuance of and revocation of permits or licenses relative
to detached one- and two-family dwellings;
STATE BUILDING CODE, 780 CMR 5110.1 Permit Application. It shall be
unlawful to construct, reconstruct, alter, repair, remove or demolish a
detached one-and two-family dwelling; or to install or alter any
equipment for which a provision is made or the installation of which is
regulated by 780 CMR 51.00 through 99.00 without first filing a written
application with the building official and obtaining the required building
permit and all other required permits therefore.
179 Chapman Street
Code Compliance Order
July 26, 2013
WATERTOWN ZONING ORDINANCE, SECTION 9.01 BUILDING PERMIT .
(a) The Inspector of Buildings shall not issue a building permit for the
erection or alteration of any building or part thereof unless the plans,
specifications and intended uses of such building, lot and open spaces
on the lot are in all respects in conformity with this Zoning Ordinance
and have been approved by the Zoning Enforcement Officer. Where
special permits or variances are required under this Zoning
Ordinance, the Inspector of Buildings shall not issue a building permit
until so directed in writing by the Board of Appeals.
(b) Applications for building permits shall be accompanied by a plan of
the lot in duplicate, and certified by a registered land surveyor
showing the actual dimensions of the lot and the exact location and
size of the buildings already upon the lot, of any structures within
eight (8) feet of the line on the adjoining lot, and of the building or
structure to be erected, altered or moved, together with the streets,
and alleys and easements on and adjacent to the lot and such other
information as the location and dimensions of required parking as
may be required for the enforcement of this Zoning Ordinance. The
lot corners and bounds shall be indicated by such stakes and bounds
as shall be required by the Inspector of Buildings.
TOWN OF WATERTOWN ZONING ORDINANCE (WZO)
2. The construction/conversion of an existing two family dwelling into an
unpermitted three-family dwelling, located in the “S-6” Single Family Zoning
District.
WZO SECTION 5.01(d) TABLE OF USE REGULATIONS. Existing dwelling, constructed as a
single family dwelling in 1960, converted to a two family dwelling is NOT a permitted
use in the “S-6” Zoning District.
COMPLIANCE ORDER
It is hereby ordered that you contact the Zoning Enforcement Office to schedule an inspection of
the premises no later than Friday, August 9, 2013 in order to verify that the property is in
compliance with state and local code/regulations.
If said violation(s) are not corrected, or the property is not brought into compliance by the
aforementioned date, fines may be assessed as identified in the WZO. The above deadline may be
extended at the whole discretion of the Zoning Enforcement Officer; if it is determined that
substantial effort/progress has been made to comply with all applicable regulations. Notice of
request to extend the above deadline must be submitted to the Zoning Enforcement Officer prior
to said deadline.
179 Chapman Street
Code Compliance Order
July 26, 2013
WZO SECTION 9.00(d) ENFORCEMENT, VIOLATIONS. Penalty for non-
compliance with any lawful order of the Zoning Enforcement Officer
pertaining to the Zoning Ordinance shall be punished by a fine, to be
determined by the Zoning Enforcement Officer, of not less than one hundred
dollars ($100.00) nor more than three hundred dollars ($300.00) per
violation; provided that nothing herein shall be construed to prohibit a
determination by the Zoning Enforcement Officer that each day such
violation continues shall constitute a separate offense.
Please contact our offices as soon as possible if you have any question regarding the above order.
Thank you,
Mike Mena
Zoning Enforcement Officer
Phone: 617.972.6427
Cc:
Zoning Enforcement Officer
Ms. Karen Ziminski
179 Chapman Street
Watertown, MA 02472
Dear Property Owner:
TOWN OF WATERTOWN
Department of
Community Development and Planning
FACILITIES INSPECTION DIVISION
Administration Building
149 Main Street
Watertown, MA 02472
Phone: 617.972.6427
Pax: 61'7.9267778
www.watertown-ma.gov
August 2, 2013
RE: CODE COMPLIANCE ORDER for
179 Chapman Street, Watertown
This Compliance Order is a follow up to an inspection by this office on Wednesday, July 31, 2013.
Specifically regarding the separate dwelling in the basement without benefit of permit(s).
Unpermitted work pose a significant life and safety concern of the town and for your
tenants/occupants located at the above address. Upon inspection staff identified the following
Code Volitions. Please review the identified violations and deadlines below:
VIOLATIONS
MASSACHUSETTS STATE BUILDING CODE
1. Construction/conversion of the basement to create a separate living
unit, without application submittal to the Building Division of
Watertown, MA.
STATE BUILDING CODE, 780 CMR 5101.2 Scope and Authority. The
provisions of 780 CMR 51.00 through 99.00 shall apply to detached one -
and two-family dwellings, not more than three stories in height with
separate means of egress, and their accessory structures as follows: 1. The
construction, reconstruction, alteration, enlargement, replacement, repair,
demolition, removal, or movement and installation of equipment, the
inspection of and issuance of and revocation of permits or licenses relative
to detached one- and two-family dwellings;
STATE BUILDING CODE, 780 CMR 5110.1 Permit Application. It shall be
unlawful to construct, reconstruct, alter, repair, remove or demolish a
detached one -and two-family dwelling; or to install or alter any
equipment for which a provision is made or the installation of which is
regulated by 780 CMR 51.00 through 99.00 without first filing a written
application with the building official and obtaining the required building
permit and all other required permits therefore.
179 Chapman Street
REVISED Code Compliance Order
August 2, 2013
WATERTOWN ZONING ORDINANCE, SECTION 9.01 BUILDING PERMIT .
(a) The Inspector of Buildings shall not issue a building permit for the
erection .or alteration of any'building`or part thereof unless the plans,
specifications and intended uses of such building, lot and open spaces
on the lot are in all respects in conformity with this Zoning Ordinance
and have been approved by the Zoning Enforcement Officer. Where
special permits or variances are required under this Zoning
Ordinance, the Inspector of Buildings shall not issue a building permit
until so directed in writing by the Board of Appeals.
(b) Applications for building permits shall be accompanied by a plan of
the lot in duplicate, and certified by a registered land surveyor
showing the actual dimensions of the lot and the exact location and
size of the buildings already upon the lot, of any structures within
eight (8) feet of the line on the adjoining lot, and of the building or
structure:::to..be-erected,•altered or moved, together with the streets,
and alleys and easements on and adjacent to the lot and such other
information as the location and dimensions of required parking as
may be required for the enforcement of this Zoning Ordinance. The
lot corners and bounds shall be indicated by such stakes and bounds
as shall be required by the Inspector of Buildings.
2. Construction/conversion of the basement to create a separate living unit, without
proper ceiling/clearance height.
INTERNATIONAL RESIDENTIAL CODE (2009),SECTION R305 CEILING HEIGHT, R305.1
Minimum height. Habitable space, hallways, bathrooms, toilet rooms, laundry
rooms and portions of basements containing these spaces shall have a ceiling
height of not less than 7 feet.
INTERNATIONAL RESIDENTIAL CODE (2009),SECTION R305 CEILING HEIGHT
R305.1.1. Basements. Portions of basements that do not contain habitable space,
hallways, bathrooms, toilet rooms and laundry rooms shall have a ceiling height of
not less than 6'-8".
3. Creation of a basement bedroom without proper egress and appears to be
substandard regarding size.
INTERNATIONAL RESIDENTIAL CODE (2009),SECTION R310. Basements, habitable
attics and every sleeping room shall have at least one operable emergency escape
and rescue opening. Where basements contain -one or more sleeping rooms,
emergency egress and rescue openings shall be required in each sleeping room.
Where emergency escape and rescue openings are provided they shall have a sill
height of not more than 44 inches (1118 mm) above the floor.
179 Chapman Street
REVISED Code Compliance Order
August 2, 2013
INTERNATIONAL RESIDENTIAL CODE (2009),SECTION R310.2 The minimum
horizontal area of the window well shall be 9 square feet (0.9 m2), with a
minimum horizontal projection and width of 36 inches (914 mm). The area of
the window well shall allow the emergency escape and rescue opening to be
fully opened.
INTERNATIONAL RESIDENTIAL CODE (2009),SECTION R304.2 Other habitable
rooms [bedrooms/sleeping areas] shall have a floor area of not less than 70 square
feet (6.5 m2).
INTERNATIONAL RESIDENTIAL CODE (2009),SECTION R304.3 Habitable rooms
[bedrooms/sleeping areas] shall not be less than 7 feet (2134 mm) in any horizontal
dimension.
TOWN OF WATERTOWN ZONING ORDINANCE (WZO)
2. The construction/conversion of an existing one family dwelling into an
unpermitted two-family dwelling, located in the "S-6" Single Family Zoning
District.
WZO SECTION 5.01(d) TABLE OF USE REGULATIONS. Existing dwelling, constructed
as a single family dwelling in 1960, converted to a two family dwelling is NOT a
permitted use in the "S-6" Zoning District. A Single Family Dwelling is defined as a
detached residential building designed or intended or used as the home or
residence of one family. The installation of a full kitchen, bath, living area, and
bedroom in the basement would allow someone to live independently and
separate from the main house and would be considered to be designed as a two-
family dwelling and therefore, not in compliance with the subject zoning district. •
COMPLIANCE ORDER
It is hereby ordered that you file for all applicable Building Permits (i.e., electrical, plumbing,
etc.) no later than Friday, August 30, 2013 in order to revert the space back to an inhabitable
basement. All work must be completed within 14 days of issuance of said permits.
Please be reminded that the basement does not meet the minimum code requirements for
habitable space and therefore cannot be used/occupied as living area, for sleeping purposes, or
rented out as a separate unit.
If said violation(s) are not corrected, or the property is not brought into compliance by the
aforementioned date, fines may be assessed as identified in the WZO. The above deadline may be
extended at the whole discretion of the Zoning Enforcement Officer; if it is determined that
substantial effort/progress has been made to comply with all applicable regulations. Notice of
179 Chapman Street
REVISED Code Compliance Order
August 2, 2013
request to extend the above deadline must be submitted to the Zoning Enforcement Officer prior
to said deadline.
WZO SECTION 9.00(d) ENFORCEMENT, VIOLATIONS. Penalty for non-
compliance with any lawful order of the Zoning Enforcement Officer
pertaining to the Zoning Ordinance shall be punished by a fine, to be
determined by the Zoning Enforcement Officer, of not less than one hundred
dollars ($100.00) nor more than three hundred dollars ($300.00) per
violation; provided that nothing herein shall be construed to prohibit a
determination by the Zoning Enforcement Officer that each day such
violation continues shall constitute a separate offense.
Please contact our offices as soon as possible if you have any question regarding the above order.
Tha you
M7 Mena
Zoning Enforcement Officer
Phone: 617.972.6427
Attachment: Electrical Inspector notes/requirements, dated, August 1, 2013
GEORGE S PIZZUTO
43 FRANKLIN STREET
WATERTOWN, MA. 02472
MASTER ELECTRICIAN A7768
August 1, 2013
Assistant Wire Inspector, Building Department, Watertown, Ma.
For 179
Chapman Street4ted.
Code violations:
Electric room: secure box for light fixture, cover plate for light switch is missing,
install GFCI outlet for sump pump, cannot br plugged into light.
(repair floor boards)
Kitchen: Remove hood fan and wiring. Remove electric range outlet and wire
from electric panel.
National Electrical Code articles to be noted later.
TOWN OF WATERTOWN
PETITION TO APPEAL THE DETERMINATION
,OF THE-
ON1NGti ENFORCEMENT OFFICER 264 2 o) 3 -
AUG 1 5 [3;3
ZONING BOARD OF APPEALS
149 MAIN STREET
WATERTOWN, MA 02472
BOARD OF APPEALS (617) 972-6427
ATFTOWNMA
SUBJECT PROPERTY ADDRESS: l.7G7 (7ha pfr-? Lh S"./ / uV o 'r icr f f p- 0,397,3
PETITIONER: e rei 1f$k/ (A)/T�h
Petitioner's Address: HI ('hanmyo ,Sf- (A )rt -f-e_0- )tr )1-); 114-4 0,21
PETITIONER'S SIGNATURE: ea.UAt (n1. -3 L/3
Daytime Phone Number
SUBJECT PROPERTY OWNER: /6treil f17j f fj5K/
Owner's Address: [7-1 C.%1(,cp an St 1 /, / - {-er-k-ot MA (2,21-1-7-P_OWNER'S SIGNATURE: �(1 �� (2
tOt
If petitioner or owner is a corporation, ease identify the officers of the 156rporation as currently listed in the Secretary of
State's records. (Should there be more than one corporation, list the officers and their addresses for each corporation
and attach to the application.) 1
President:
Home Address:
Treasurer:
Home Address:
The Petitioner herein requests the Board of Appeals to hear and rule on an Appeal to a Decision of the Zoning
Enforcement Officer in accordance with Section 9.19 of the Zoning Ordinance specific to the application of the following
section(s)2 of the Zoning Ordinance and/or M.G.L. Chapter 40A: J/- Opp Ii ca - ioi-- fit Wu ochncalce,
•
and requests a finding by the Board specific to the following action: 51 jna:..S'aLc,/ a(/7Qr) ',vac rn exrecs f
she (u.- horily of .Prw enForceme, ,1- o/'Ficer tv PXIn-1- /V- regrr;res any czc.r,(h 04 -her
jhan +ht a.19c dcn.r''Ytot.4- p'rrni,1- cj) b,y 4-11P 2fi1111q Ay kid", `/-Jie i-K-r),,/11- 1-Mci (JP
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Notice to Applicants: In accordance with Chapter XC/II of the Watertown Ordinance, the Board of Appeals may deny
the application for an Appeal of any person or corporation who owes any outstanding taxes or charges to the Town.
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prl0r Ilse Fr E M'c-h V/ 1a fran nt7C¢ rssuFct_, z,
X ,, -� t JFiling Fee: $ /e p„ (fiek
Filing Deadline:
Town Tr‘surer's Approval (As required by Ch. 40, § 57)
1. IN THE CASE WHERE THE PETITIONER IS A TRUST, LIST TRUSTEES AND THEIR ADDRESSES; FOR ANY OTHER TYPE OF OWNERSHIP OR
LEGAL ENTITY, LIST THE TYPE OF ORGANIZATION, THE LEGAL STATUS OF THE ORGANIZATION, THE NAME OF THE OFFICERS OR MEMBERS, THEIR
AFFILIATION WITH THE ORGANIZATION AND THEIR ADDRESSES.
2. THE PETITIONER MUST SPECIFY EACH SECTION(S) OFTHE ZONING ORDINANCE UNDER WHICH THE PETITIONER SEEKS AN APPEAL OF A
DECISION BY THE ZONING ENFORCEMENT OFFICER. ONLY THOSE SECTIONS SPECIFIED AS REQUESTED FOR APPEAL WILL BE CONSIDERED.
MINIMAL SUBMISSION DOCUMENTATION ACCOMPANYING THIS APPLICATION SHALL INCLUDE.BUT NOT,BE LIMITED.TO: APPLICATION.FORM.FILED IN
TRIPLICATE; WRITTEN STATEMENT DETAILING CONSIDERATIONS OF THE APPEAL AND A COPY OF THE WRITTEN DECISION (IF APPLICABLE) OF THE
ZONING ENFORCEMENT OFFICER UPON WHICH THE APPEAL IS BASED. THE APPLICANT IS ADVISED THAT ALL APPLICATION REQUIREMENTS AS
SET FORTH IN THE BOARD OF APPEALS "RULES OF PRACTICE AND PROCEDURES" MUST BE COMPLIED WITH BEFORE THIS APPLICATION WILL BE
ACCEPTED. WINW.WATERTOWN-MA.GOV /DOCUtv1ENT CENTER/COMMUNITY DEV'T & PLANNING/ZONING.
MGL c. 40A, §15: Any appeal under section eight to a permit granting authority shall be taken within thirty days from the date of the order or decision which is being
appealed. The petitioner shall file a notice of appeal specifying the grounds thereof, with the city or town clerk, and a copy of said notice, certified by the town clerk,
shall be filed forthwith by the petitioner with the officer or board whose order or decision is being appealed, and to the permit granting authority, specifying in the notice
grounds for such appeal. Such officer or board shall forthwith transmit to the board of appeals or zoning administrator all documents and papers constituting the
record of the case in which the appeal is taken.
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