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1630 Department o,f
- Community Development and Planning
PLANNING BOARD
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
PLANNING BOARD REPORT
On December 9, 2015, with four (4) members of the Planning Board (Board) present, case number ZBA-
2015-24, a Special Permit Finding,to be heard by the Zoning Board of Appeals (ZBA) on December 16,
2015, was considered. The Board submits the following Report, as requested by the ZBA,to aid the ZBA
in deciding on the application before it.
CASE#: ZBA-2015-24 SPF
SUBJECT PROPERTY: 121 Garfield Street
PARCEL ID#: 725 16 7
ZONING DISTRICT: S-10 (Single Family)Zoning District
OWNER/PETITIONER: Judith R. DUshku
ZONING RELIEF SOUGHT: Special Permit Finding §4.06(a)Alterations to
Non-Conforming Structures, Lot Coverage
SPECIAL PERMIT GRANTING AUTHORITY: Zoning Board of Appeals
DATE OF STAFF REPORT: December 2, 2015
BOARD AND STAFF RECOMMENDATION: (4-0) Conditional Approval
DATE OF PLANNING BOARD MEETING: December 9, 2015
DATE OF ZBA HEARING: Scheduled December 16, 2015
121 Garfield Street December 10, 2015
ZBA-2015-24 SPF Planning Board Report
I. PUBLIC NOTICE(M.G.L.c.40A,§111
A. Procedural Summary
Petition ZBA-2015-24 SPF went before the Planning Board on December 9, 2015 and is scheduled to
be heard by the Zoning Board of Appeals on December 16, 2015. 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) on November 27 & December 4,
2015;
• Posted at the Town Administration Building and on the Town Website on November 25,
2015;
• Mailed to Parties in Interest on November 25, 2015.
B. Legal Notice
"Judith R. Dushku, 121 Garfield Street, Watertown, MA 02472 herein requests the Zoning Board of Appeals grant a
Special Permit Finding in accordance with Watertown Zoning Ordinance, §4.06(a),Alterations to Non-Conforming
Structures, Lot Coverage, to construct an approximately 5.5'x13.5 single story, rear addition. Resulting in a Lot
Coverage of 32.5% where a maximum of 20%is required and 31.2%exists.S-10(Single-Family)Zoning District.
ZBA-2015-24"
II. DESCRIPTION
A. Site Characteristics
The subject property is a 5,883 square foot parcel (0.134 acres) on Garfield Street containing a 2.5 story
Colonial single family home, built in 1923 (Assessor's records) with an attached garage. The lot is not
conforming in size to current zoning (10,000 square feet is required), and building coverage (presently at
31.2%where 20% is required). The dwelling is also non-conforming for the Front Yard and Side Yard
setbacks. It has a Front Yard setback of 18.2 feet, where 25 feet is required per the Zoning Ordinance
(WZO), and the house has Side Yard setbacks 6 feet and 13.9 feet, respectively, where 10 feet and 15
feet are required.
777
Fa4ade Facing Garfield Street Northerly Side Adjacent to Bellevue Road
Shows Garage and 1988 Addition
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121 Garfield Street December 10, 2015
ZBA-2015-24 SPF Planning Board Report
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Existing Southerly Fapde Another View of Easterly Fapde
Looking into the 1988 Addition(on Right)
B. Surrounding Land Use
Located in the 5-10 (Single Family)Zoning District,the property abuts a mix of single family residences
on Garfield Street and surrounding streets and the Oakley Country Club to the north.
C. Nature of the Request
The Petitioner requests a Special Permit Finding from the Zoning Board of Appeals to construct a 5.5-
foot by 13.5-foot addition on the south side of the house, altering the Southerly fagade. The proposal
requires relief in order to increase the already non-conforming lot coverage to 32.5%where 31.2%
currently exists, and where 20% is required. Part of the house will remain as it is now. The addition,
however,will sit further back on the lot, resulting in a Southerly Side Yard setback of 16.6 feet, where 15
feet is required. The project will also include a new bulkhead on the Southerly side,to provide exterior
access to the basement, however,the bulkhead would protrude no more than 4 feet into the Southerly
Side Yard, as allowed by the WZO.
D. Public Comments
As of the date of this Board Report, the Board and Department of Community Development& Planning
received three letters on the project: one from John A. Caruso, 117 Garfield Street, one from Laurie
Kahn, 112 Bailey Road, and one from Raymond and Louisa Young, 122 Garfield Street. All three letters
are in support of the proposed project.
E. Relevant Permitting History
According to Town records, 121 Garfield Street has the following relevant permitting history:
• 1923: A house is built on the property
• 1925: A garage addition built
• 1970: Building Permit granted for addition to rear for a bathroom
• 1980: Building Permit granted for additional bedrooms and a bathroom
• 1988: Special Permit Finding granted for a kitchen addition between main house and garage
• 2004: Building Permit granted for removal of vinyl siding, installation of new siding, and reinstall
gutters
The Special Permit Finding affected the side of the house adjacent to Bellevue Road. It resulted in a
Northerly Side Yard setback of approximately 7 feet,where 10 feet was required by the then Zoning
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121 Garfield Street December 10, 2015
ZBA-2015-24 SPF Planning Board Report
Ordinance. The Board suggests that none of the previous permits materially affect this request for
approval.
III. FINDINGS
A. Plan Consistency
Watertown's 2015 Comprehensive Plan discusses preservation of the Town's neighborhoods, and the
ability to enlarge the house while maintaining its general character is in keeping with the character of
the surrounding neighborhood.
B. Special Permit Finding§4.06(al
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."
Conditionally Met: The proposed addition would not be substantially more detrimental to the
neighborhood than the existing condition. The size of this lot is significantly smaller than the
conforming lot size in the S-10 district of 10,000 square feet. Given this, the amount building coverage
with the proposed addition is less than what would be allowed on a conforming 10,000 square foot lot.
A conforming 10,000 square foot lot could have a 2,000 square feet of building coverage By Right (20%
of 10,000). The proposed project will result in 1,912 square feet of building coverage, which is less than
what a conforming lot could have.
Also, the location of the proposed addition is to the side and rear of the existing house, and is not visible
from public ways.The new addition is more architecturally in keeping with the style of the house, and
balances the massing of the house relative to the Bellevue Road/Northerly fagade than the existing shed
roofed addition.
Finally, the proposed bulkhead is allowed to protrude into the setback per§4.11(a) of the Zoning
Ordinance.
IV. BOARD&STAFF RECOMMENDATIONS
The Board (4-0) and DCDP staff recommends conditional approval of the requested changes to the
existing structure as a Special Permit Finding under§4.06(a) as it meets the necessary criteria set forth
in the Watertown Zoning Ordinance.
V. CONDITIONS
Timeframe To be
# Condition for Verified
Compliance by
Control Plans.The Control Plans shall be:
A. Sheet Al: Dushku Residence, Master Suite Relocation&Addition, Existing&
Proposed Interior Layout, by elizabeth cole architecture, received by ZBA on BP/
1. 10/13/15 (24x36 inch) Perpetual ZEO/ISD
B. Sheet A2:Dushku Residence, Master Suite Relocation&Addition, Existing&
Proposed Elevations, by elizabeth cole architecture, received by ZBA on
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121 Garfield Street December 10, 2015
ZBA-2015-24 SPF Planning Board Report
Timeframe To be
# Condition for Verified
Compliance by
10/13/15 (24x36 inch)
C. Plot Plan—Showing Existing Conditions at#121 Garfield Street, drawn by VTP
Associates, Inc. dated 7/7/15, signed and stamped by Joseph R. Porter,
Professional Land Surveyor (Large size and reduced)
D. Plot Plan—Showing Proposed Conditions at#121 Garfield Street, drawn by VTP
Associates, Inc. dated 10/6/15,signed and stamped by Joseph R. Porter,
Professional Land Surveyor
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
2' 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 CO ZEO/ISD
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
3. evidence to the Zoning Enforcement Officer that this entire decision has been filed with BP ZEO
the Registry of Deeds.
4 As-Built(s).The Petitioner shall submit a certified "As-Built"foundation plot plan Bp ZEO/ISD
showing all dimensional setbacks at the time of foundation inspection.
5 Codes/Regulations Compliance.The Petitioner shall comply with all other applicable CO ZEO/ISD
local,state,and federal requirements,ordinances,and statutes.
Certificate of Occupancy/Final Inspection. A copy of the Building Permit with final
6. approval signatures from all relevant inspectors must be submitted to the Zoning CO ZEO
Enforcement Officer upon completion of the project.
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
7. sooner commenced except for good cause,or, in the case of a permit for construction, Perpetual ZEO
if the construction has not begun by such date except for good cause,or as allowed by
applicable State or Federal law.
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121 Garfield Street December 10, 2015
ZBA 2015-24 SPF Planning Board Report
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