HomeMy Public PortalAboutFINAL Planning Board Report 95 Chapman Street_201505201019038960
PLANNING BOARD REPORT
On May 13, 2015, with three (3) members of the Planning Board (Board) present, case number ZBA-
2015-15 SPF, a Special Permit Finding, to be heard by the Zoning Board of Appeals on May 27, 2015, was
considered. The Board submits the following Report, as requested, to aid the Zoning Board of Appeals
in deciding on the application before it.
CASE #: ZBA-2015-15 SPF
SUBJECT PROPERTY: 95 Chapman Street
PARCEL ID#: 612 4 57
ZONING DISTRICT: T (Two-Family) Zoning District
OWNER/PETITIONER: Greg and Sylvie Papazian
ZONING RELIEF SOUGHT: Special Permit Finding §4.06(a) Alteration of a Non-
Conforming Buildings/Structures; Setbacks
SPECIAL PERMIT GRANTING AUTHORITY: Zoning Board of Appeals
DATE OF STAFF REPORT: May 5, 2015
DATE OF PLANNING BOARD REPORT: May 14, 2015
PLANNING BOARD & STAFF RECOMMENDATION: (3-0) Conditional Approval
DATE OF PLANNING BOARD MEETING: Scheduled May 13, 2015
DATE OF ZBA MEETING: Scheduled May 27, 2015
Board Members:
John B. Hawes, Jr., Chairman
Linda Tuttle-Barletta
Jeffrey W. Brown
Fergal Brennock
Neal Corbett
95 Chapman Street May 14, 2015 ZBA-2015-15 SPF Planning Board Report
I. PUBLIC NOTICE (M.G.L. C. 40A, §11)
A. Procedural Summary
Petition ZBA-2015-15 SPF was heard before the Planning Board on May 13, 2015 and is scheduled to go before the Zoning Board of Appeals on May 27, 2015. As required by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance (WZO) notice was given as follows:
• Published in the newspaper of record (Watertown Tab) on May 8 and 15, 2015;
• Posted at the Town Administration Building on April 29, 2015; and,
• Mailed to Parties in Interest on April 29, 2015.
B. Legal Notice
“Greg and Sylvie Papazian, 95 Chapman Street, Watertown MA 02472 herein requests the Zoning Board of
Appeals grant a Special Permit Finding in accordance with Watertown Zoning Ordinance, §4.06, Alterations to
Existing Non-Conforming Structures, Front and Rear Yard Setbacks, so as to construct a second floor addition
with 2’ overhang, maintaining existing non-conforming front yard setback at approximately 6’, where 15’ is
required and 7’ setback to the rear, where 20’ is required. T (Two-Family) Zoning District. ZBA-2015-15”
II. DESCRIPTION
A. Site Characteristics The subject property is a 4,147 square foot parcel on Chapman Street containing two-story single-family Cape-style house, built in 1948 or 1949 (Assessor’s records) with large fenced yard positioned to the northeasterly side of the house as you view the property from Chapman Street. The lot is undersized, being less than the 5,000 square feet required for the T zoning district. The house is also non-conforming with respect to the Front and Rear Yard setbacks. There is an approximately 11-foot Front Yard setback from Chapman Street, where 15 feet is required. There is a 6-foot Rear Yard setback where 20 feet is required. These requirements are per Section 5.04 and 5.04(e), Table of Dimensional Regulations.
Property showing larger side yard. Overhang to this
side (See Sheet A-11, North Elevation)
View of existing structure. Compare to Sheet A-8,
Proposed Front Elevation.
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95 Chapman Street May 14, 2015 ZBA-2015-15 SPF Planning Board Report
B. Surrounding Land Use Located in the T (Two-Family) Zoning District, the property abuts a mix of single and two-family residences. The subject property is adjacent to the Single Family (S-6) zoning District, which begins on the opposite side of Chapman Street. The surrounding homes are a mix of single and two-family residences of various styles.
C. Nature of the Request The Petitioner requests a Special Permit Finding from the Zoning Board of Appeals to convert their existing Cape style house into a Colonial by adding full second floor and an attic. The plans involve adding a two-foot overhang to the second floor northeast side of the house. There will be other Building Permit only changes to the existing house, but regardless of the renovations, the existing, non-conforming Front and Rear Yard setbacks will be maintained.
D. Public Comments As of the date of this Planning Board (Board) report, the Department of Community Development & Planning (DCDP) had not received any comments on this project.
E. Relevant Permitting History According to Assessors, DCDP, Building Department, and Zoning Board of Appeals records, 95 Chapman Street has the following permitting history:
♦ 1916 or 1919: Lot appears on the Assessor’s records
♦ 1948: Permit issued for construction of single-family house on the lot
♦ 1949-2005: Permit issued for an above ground pool, later removed, and property changes ownership
♦ February 25, 2005: Petitioners purchase the property Previous permits are not relevant to this request for approval.
III. FINDINGS
A. Plan Consistency This project provides an opportunity to improve an existing structure, consistent with the draft Comprehensive Plan language regarding preserving existing character of neighborhoods.
Examples of houses on abutting street Examples of houses across the street
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95 Chapman Street May 14, 2015 ZBA-2015-15 SPF Planning Board Report
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.”
Met with Conditions: The reconstruction of the house into a new style (Cape to Colonial), creating a two-foot overhang on the northwesterly side will not be substantially more detrimental to the neighborhood than the existing condition. The size of the proposed new attic shown on Sheet A7, Cross Section, is too large to meet the definition of a “half story” per the WZO. According to an Email from the Petitioners on May 5, 2015 to DCDP staff and a presentation made at the Planning Board on May 13, 2015, they have chosen to lower the roof pitch to make the project conform to the WZO requirements for a half
story. The Petitioners submitted a draft revised Sheet A7 which shows a conforming half story. Even though the Control Documents referenced below still show an attic space that is likely too large to be a compliant half story, the Board recommends Petitioners’ request for a SPF can proceed, conditioned so as to comply with the WZO. Regardless of the half story issue, the Board found that the house as reconstructed will continue to have a conforming Side Yard setback where the overhang will be. It will also maintain the existing, non-conforming Front (14.9 feet) and Rear Yard (10.8 feet) setbacks. In terms of scale, as conditioned, the Board found that many of the surrounding houses are larger, and of various building styles. Many have roof or shed dormers, or other structural elements that changed the architectural style of the house. The Department of Public Works also reviewed this project, and has no comments or recommended conditions of approval.
IV. PLANNING BOARD & STAFF RECOMMENDATION The Planning Board and DCDP staff recommend conditional approval of the requested reconstruction as a Special Permit Finding under §4.06(a) as it meets the necessary criteria set forth in the Watertown Zoning Ordinance.
CONDITIONS MATRIX ON THE NEXT PAGE
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95 Chapman Street May 14, 2015 ZBA-2015-15 SPF Planning Board Report
V. CONDITIONS
# Condition
Timeframe
for
Compliance
To be
Verified by
1.
Control Plans. The Control Plans shall be: (To be Revised/Half Story) 1. Certified Plot Plan: 95 Chapman Street in Watertown,
Massachusetts, by Rod Carter Associates, Land Surveyors, 15 Pleasant Street, Upton, MA, stamped by Rod Carter, dated 3/16/15 2. Addition at 95 Chapman Street Watertown MA by Nordesign & Build LLC Architects, 21 Hough Road, Belmont, MA, Sheet A-1: Existing Basement Plan (No Change) 3. Addition at 95 Chapman Street Watertown MA: Sheet A-2: Existing First Floor Plan 4. Addition at 95 Chapman Street Watertown MA: Sheet A-3: Existing Second Floor Plan 5. Addition at 95 Chapman Street Watertown MA: Sheet A-4: Proposed Basement Plan 6. Addition at 95 Chapman Street Watertown MA: Sheet A-5: Proposed First Floor Plan 7. Addition at 95 Chapman Street Watertown MA: Sheet A-6: Proposed Second Floor Plan 8. Addition at 95 Chapman Street Watertown MA: Sheet A-7: Section A-A/Cross Section 9. Addition at 95 Chapman Street Watertown MA: Sheet A-8: Proposed Front (West) Elevation 10. Addition at 95 Chapman Street Watertown MA: Sheet A-9: South Elevation (Grandview Avenue) 11. Addition at 95 Chapman Street Watertown MA: Sheet A-10: Proposed Rear Elevation 12. Addition at 95 Chapman Street Watertown MA: Sheet A-11: Proposed North Elevation
BP/ Perpetual ZEO/ISD
2. Half Story/Attic. The proposed new attic space shown on Sheet A-7, Section AA/Cross
Section, shall conform to the Zoning Ordinance requirements for a half story. The project and other Control Documents shall be amended as needed to conform to the half story requirement. BP/Perpetual ZEO/ISD
3.
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.
CO ZEO/ISD
4. 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. BP ZEO
5. Codes/Regulations Compliance. The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. CO ZEO/ISD
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95 Chapman Street May 14, 2015 ZBA-2015-15 SPF Planning Board Report
# Condition
Timeframe
for
Compliance
To be
Verified by
6. Certificate of Occupancy/Final Inspection. A copy of the Building Permit with final approval signatures from all relevant inspectors must be submitted to the Zoning Enforcement Officer upon completion of the project. CO ZEO
7. 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. Perpetual ZEO
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