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Home My Public Portal AboutZBA 2012-08_66_66A_Edenfield_ave_PB_reportBoard Members: John B. Hawes, Jr., Chairman Linda Tuttle-Barletta Jeffrey W. Brown Fergal Brennock Neal Corbett Page 1 of 5 PLANNING BOARD REPORT On April 11, 2012 with five (5) members of the Planning Board (the Board) present, case number ZBA-2012-08 SP/SPF was considered for a Special Permit and Special Permit Finding to be heard by the Zoning Board of Appeals on April 26, 2012. The Board submits the following report, as requested, to aid the Zoning Board of Appeals in deciding the application before it. CASE #: ZBA-2012-08 SP/SPF SUBJECT PROPERTY: 66-66A Edenfield Ave, Watertown, MA Parcel ID # 349 72 84 ZONING DISTRICT: T (Two Family) Zone PETITIONER & OWNER: Ara Dermovsesian, 21 Mason St., Lexington, MA 02421 ZONING RELIEF SOUGHT: • Special Permit §6.02(j) -Location & Design of Off- Street Parking Spaces • Special Permit Finding §4.06(a)- Alteration of Nonconforming Uses & Building/Structures SPECIAL PERMIT GRANTING AUTHORITY: Zoning Board of Appeals DATE OF STAFF REPORT: April 4, 2012 DATE OF PLANNING BOARD REPORT: April 17, 2012 STAFF & PLANNING BOARD RECOMMENDATION: Conditional Approval (5-0) DATE OF PLANNING BOARD HEARING: April 11, 2012 DATE OF ZBA HEARING: Scheduled April 25, 2012 66-66A Edenfield Ave. 4/17/2012 ZBA 2012-08 SP/SPF Planning Board Report Page 2 of 5 I. PUBLIC NOTICE (M.G.L. C. 40A, §11) A. Procedural Summary Petition PB-2012-08 SP/SPF was heard by the Planning Board on April 11, 2012 and is scheduled to be heard by the Zoning Board of Appeals on April 25, 2012. As required by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice was given as follows: • Published in the newspaper of record (Watertown Tab & Press) on 4/6/2012 and 4/13/2012; • Posted at the Town Administration Building and on the Town Website on 3/28/2012; and, • Mailed to Parties in Interest on 3/28/2012. B. Legal Notice “Ara Dermovsesian, 21 Mason Road, Lexington, MA 02421, herein requests the Zoning Board of Appeals to grant a Special Permit in accordance with §6.02(j), Location and Design of Off-Street Parking, Garage, so as to construct a two car garage under the building with access from the front yard, and further requests a Special Permit Finding in accordance with §4.06(a), Alts/Additions to Non-Conforming Structure, Side Yard Setback, so as to enlarge existing front entryway, located in the T (Two-Family) Zoning District.” II. DESCRIPTION A. Site Characteristics The property is a 4,000 square foot lot that contains a two-story (plus attic) two-family dwelling with a gable roof built around 1915. The main building is 25 feet wide by 42 feet deep and has a 15 feet wide by 6 feet deep two-story open front porch. A set of concrete stairs lead from the public sidewalk through the front yard to a covered front exterior entrance to the left of the porch. An existing parking area/driveway is located partially within the building front yard in the front right corner of the lot. B. Surrounding Land Use The site is located on Edenfield Avenue within the T (Two-family) Zoning District. Reflective of the underlying zoning, the property is surrounded by a mix of primarily single and two-family homes. The Watertown Middle School is approximately 300 feet east of the site. C. Nature of the Request The Petitioner proposes to raze the two story front porch and construct a new 19 feet wide by 24 feet deep two-car garage underneath the building, which would be accessed by a driveway within the Building Front Yard. The new garage’s 16 feet wide door would be recessed five (5) feet from the upper stories so that it would be set back 23 feet from the front lot line in order to accommodate a new 18 feet long by 17 feet wide driveway with surface parking for two (2) cars in front of the garage that would be accessed by an 11 feet wide driveway within the five (5) feet front setback. A Special Permit under Section 6.02(j) is required in order to allow parking and/or driveway area within the Building Front Yard of an attached garage of a two-family dwelling. 66-66A Edenfield Ave. 4/17/2012 ZBA 2012-08 SP/SPF Planning Board Report Page 3 of 5 In addition, the Petitioner proposes to enlarge the existing covered landing of the front entrance by adding an additional exterior entry door. Because the covered entrance landing is set back only 7.5 feet from side lot line (where 10 feet is required), a Special Permit Finding under Section 4.06(a) is required in order to alter the nonconforming structure. III. FINDINGS A. §9.05 Conditions for approval of a Special Permit 1. Is the specific site an appropriate location for such a use? Met with Conditions- The proposed two-car garage and driveway/parking area within the Building Front Yard of the two-family dwelling is only allowed by special permit. Because the nonconforming side yards of the narrow lot are not wide enough to accommodate a driveway to a rear parking area, the underground garage with a driveway in the front yard is the only location to provide the four required parking spaces. Above: View of subject property from street Below Left: View of existing covered landing and porches Below Right: View of existing porches and parking area 66-66A Edenfield Ave. 4/17/2012 ZBA 2012-08 SP/SPF Planning Board Report Page 4 of 5 2. Will the use as developed adversely affect the neighborhood? Met with conditions- The existing two-family dwelling currently has a nonconforming parking area for one vehicle that is partially located within the front yard due to the nonconforming 7.1’ side yard, which is too narrow to accommodate a driveway. The proposal will not adversely affect the neighborhood provided that the Petitioner modifies the plans by narrowing the driveway to no wider than 11 feet within the five (5) feet front setback. A condition (Condition #4) of this decision will also require that the Petitioner offset the paving of the building front yard by providing at least one shade tree in the landscaped areas on either side of the driveway. 3. Will there be a nuisance or serious hazard to vehicles or pedestrians? Met with conditions – To meet the requirements of the WZO and to provide a more safe passage for pedestrians along the sidewalk, the driveway area within the five (5) feet front setback must be no wider than 11feet after which the following 18 feet of the driveway may be used for parking and be no wider than 17 feet. 4. Are adequate and appropriate facilities provided for the proper operation of the proposed use? Met with conditions- In order to meet this requirement the 18 feet of driveway in front of the new garage must not be wider than 17 feet. Vegetated landscaping must be provided on either side of the driveway and protected from the encroachment of cars by a low physical barrier such as , decorative curbing/edging, or other form of border. 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 Board finds that the proposed enlargement of the covered front entrance landing within the side yard setback would not be substantially more detrimental than the existing condition. However, Staff recommends that the stairs leading to the landing be narrowed to allow for the provision of increased landscaping. IV. RECOMMENDATION: Planning Staff and the Planning Board (5-0) recommends Conditional Approval of the requested Special Permit and Special Permit Finding as the requests meet the criteria set forth in the Watertown Zoning Ordinance. The Conditions of approval including timeframes for compliance are listed in the table below. 66-66A Edenfield Ave. 4/17/2012 ZBA 2012-08 SP/SPF Planning Board Report Page 5 of 5 V. CONDITIONS # Condition Timeframe for Compliance To be Verified by 1. The Control Plans AS MODIFIED BY THESE CONDITIONS shall be: “Proposed Plot Plan #66 Edenfield Avenue in Watertown, MA” dated 2/14/12 & prepared by Rober Survey; the architectural plans prepared by John G. Danielson Inc.: “SK-1” (existing & proposed front elevations, section, & basement plan) dated 3/5/12, “SK-2” (proposed side elevations) dated 4/3/12 & revised 4/4/12, “SK-3” (existing side elevations) dated 4/3/12, “A-1: Front & Rear Stair Design” dated 2/2/12, & “A-2: Front & Rear Stair Design” dated 2/2/12. BP, Perpetual ZEO/ ISD 2. The Petitioner shall provide an updated proposed site plan showing the driveway width no greater than 11’ within the required 5’ front setback and the remaining 18’ length of driveway/surface parking no wider than 17’. BP ZEO/ Planning Staff 3. The Petitioner shall provide a landscaping plan acceptable to Planning Staff that shows the provision of vegetated landscaping within the rear yard, side yards, and those areas of the front yard that will not be part of the proposed driveway. All landscaping adjacent to the new driveway must be protected from the encroachment of cars by a low physical barrier such as decorative curbing/edging, or other form of border. BP Planning Staff 4. The Petitioner shall provide at least one shade tree in the landscaped areas on either side of the driveway or make arrangements with the Tree Warden for the provision of a public street tree(s) in front of the property. BP Planning Staff/ Tree Warden 5. 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 DCDP Director if found to be consistent with the original project. CO ZEO/ ISD 6. 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 7. 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 8. The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. CO ZEO/ ISD 9. The Petitioner shall submit a certified "as-built" foundation plot plan showing all dimensional setbacks. BP ZEO/ ISD 10. 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 expect 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. 1 yr from Decision ZEO 30ij 1 610 20 162 #:11ti13' yrcy�gN 9A A 1021 161 ace 601 22 2B 20 358 13 12 #8941 3582 11 #121 349820 #117 -349 ig #115 349!731185'. 34.911 1131' ^#644 358 1588 358 16 89 Q Iv The data shown on this site are provided for informational and planning purposes only. The Town and its consultants arc not responsible for the misuse or misrepresentation of the data. Buldings Pacds Pacels with Orthos A/ Hocks A/ ROW A/ Property Line Zoning 0 Cluster Residential - C R Resdertial -R.75 Resdertial -R1.2 0 Industrial - II 0 Industrial -12 0 Industrial -13 0 CB Central Business 0 Limited Business - LB Neigitorhood Business - NB Sinye Family -S10 Sinye Family -S6 Sinye Family Cornersicn -S TvoFanily -T 0 Open Space/Conservarcy -OSC Pleasart St Caridcr Dist -PSCD 0 24 48 m Location of 66-66A Edenfield Avenue