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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 e/ecfriccf-1 1SSLt`S +0 Ct)nrorni Ce ;YRegtles'frs 1nac(C' rz` r-/-2orle--71-he area io tuh%Ch 4 -he, 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. S$t/1 cf proper- Jc fs laca4ecl, fa pecmi,` *he. 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. he fie ' is also souk/ , p f$A 7-P eel/tint? . ,nom basernen/ ,b/M le /n'M5 Otteal