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Home My Public Portal About82 Highland Avenue_Planning Board Report_Final TOWN OF WATERTOWN 1630 Department o,f • Community Development and Planning Y`` 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 Neal Corbett PLANNING BOARD REPORT On November 9, 2015, with four(4) members of the Planning Board (Board) present, case number ZBA- 2015-18, a Special Permit Finding,to be heard by the Zoning Board of Appeals (ZBA) on November 18, 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-2015-18 SPF SUBJECT PROPERTY: 82 Highland Avenue PARCEL ID#: 606 25 0 ZONING DISTRICT: T (Two-Family) Zoning District OWNER/PETITIONER: Evan Heraty ZONING RELIEF SOUGHT: Special Permit Finding§4.06(a)Alteration of a Non- Conforming Structure; Front and Side Yard Setbacks SPECIAL PERMIT GRANTING AUTHORITY: Zoning Board of Appeals DATE OF STAFF REPORT: September 1, 2015 BOARD&STAFF RECOMMENDATION: (4-0) Conditional Approval DATE OF PLANNING BOARD MEETING: Scheduled September 9, 2015; Continued to October 14, 2015; Continued to November 9, 2015 DATE of ZBA HEARING: Scheduled September 30, 2015; Continued to October 28, 2015; November 18, 2015 82 Highland Avenue November 10, 2015 ZBA-2015-18 SPF Planning Board Report I. PUBLIC NOTICE(M.G.L.c.40A,§111 A. Procedural Summary Petition ZBA-2015-03 SPF was scheduled to go before the Planning Board on September 9, 2015 and was procedurally continued to the Planning Board meeting on October 14, 2015. On October 14, 2015,the Petition was continued for further consideration to the Planning Board meeting on November 9, 2015. This case was originally scheduled to go to the Zoning Board of Appeals on September 30, 2015, but was continued to November 18, 2015 based on the Planning Board review. As required by M.G.L. c.40A, sec.11 and the Watertown Zoning Ordinance, notice will be given as follows: • Published in the newspaper of record (Watertown Tab) on September 4, 2015 and September 11, 2015; • Posted at the Town Administration Building and on the Town Website on August 26, 2015; and, • Mailed to Parties in Interest on August 26, 2015. B. Legal Notice "Evan Herarty, 82 Highland Avenue, 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, Front and Side Yard Setbacks, so as to construct an approximately 24'by 33'second story over an existing first floor maintaining the existing Side Yard Setbacks of approximately 5.9'and 9.8; where 10'and 12'are required and further construct a landing and stairs in the non-conforming easterly Side Yard Setback. T(Two- Family)Zoning District. ZBA-2015-18" II. DESCRIPTION A. Site Characteristics The subject property is a 3,964 square foot parcel on Highland Avenue containing a non-conforming Cape style single family home, built in 1954 (Assessor's records) with a side driveway and a small utility shed in the rear yard. The lot is non-conforming in size (5,000 square feet is required) and frontage, having 40.15 feet where 50 feet is required. The dwelling is also non-conforming with respect to both Side Yard setbacks, and the Front Yard setback. Looking at the house from the back (See Sheet A-1), it has 5.9 feet Easterly Side Yard, where 10 feet is required. It also has a 9.8 foot Westerly Side Yard setback,where 12 feet is required. The Front Yard setback is 12.4 feet where 15 feet is required.These requirements are per Section 5.04(e), Table of Dimensional Regulations. Page 2 of 7 82 Highland Avenue November 10, 2015 ZBA-2015-18 SPF Planning Board Report Subject Property is the green house. Photos shows the View of the Front,to the right. Shows the"bump out." driveway.White entrance portico has been removed. Driveway and canvas garage belong to the brown house. SAR �n View of the Rear Yard and shed. View of the Rear Yard looking back to the house. B. Surrounding Land Use Located in the T(Two-Family) Zoning District,the property abuts a mix of small and larger single and two-family residences on Highland Avenue and surrounding streets. C. Nature of the Request The Petitioner requests a Special Permit Finding from the Zoning Board of Appeals to construct a second floor enlarging the existing 24 foot by 33-foot single story single family house. The proposals that require relief are the creation of new side entry on the East side (as shown on Sheet Al, showing the house from the back).The project also creates a new second floor, extending upwards in the two non- conforming Side Yard setbacks. D. Public Comments As of the date of this Planning Board report,the Department of Community Development & Planning had received two letters on this project from a concerned neighbor,Joyce Cohen, 86 Highland Avenue. A copy of Ms. Cohen's letters is included for the Zoning Board of Appeals consideration. However, the Planning Board notes that as a result of these concerns, and deliberation at the Planning Board meeting on September 9, 2015,the Petitioner revised the design. That newer design is reflected in the proposed Control Documents. Page 3 of 7 82 Highland Avenue November 10, 2015 ZBA-2015-18 SPF Planning Board Report E. Relevant Permitting History According to Zoning Board of Appeals,Assessor/Collector's, Building and Planning Department records, 82 Highland Avenue has the following permitting history: • 1910: Property first appears on the Assessor's records • 1954: A house built on the property. One and a half stories, wood frame on slab. • 2013: Property sold to Evan D. Heraty Staff and the Board suggest that none of the previous permits materially affect this request for approval. III. FINDINGS A. Plan Consistencv Watertown's 2015 Comprehensive Plan discusses preservation of the Town's neighborhoods, and the ability to enlarge the house while maintaining its general character and footprint is in keeping with the character of the surrounding neighborhood. 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." Conditionally Met: The proposed project includes a new entry stair and landing, which encroaches into the existing non- conforming Easterly Side Yard. It creates a new 6.5 foot setback at the narrowest point(Sheet Al), where 9.8 feet exists now at the narrowest point(to the existing Easterly side of the house), and where a setback of 12 feet is required. And,the new second story, although directly on top of the existing first floor, creates an intrusion into both Side Yard setbacks, because the house already has non-conforming setbacks on both sides (9.8 feet and 5.9 feet respectively,where 10 feet and 12 feet is required). Per the amendments made to Watertown's Zoning Ordinance (WZO) by the Design Standards, section 4.11(a) now states "Exterior uncovered stairways, covered and uncovered(but not enclosed, glazed or screened)entrance porticos....are permitted so long as they project no more than four(4)feet into any setback."Therefore, the new side entrance extends beyond this allowance. However,the intrusion is not more detrimental to the neighborhood than the existing non-conforming condition because the landing will have a relatively minimal impact on the immediately adjacent neighbor. The project will also alter the existing structure by extending it upward within the non-conforming Side Yard setbacks,to create a new second floor. The new condition is not substantially more detrimental to the neighborhood because the new design is in keeping with the architecture of the house and will blend in with the neighborhood. Many have dormers, or were similar reconstructions of smaller single family homes into larger structures, including into two-family dwellings. According to an 8/26/15 Email from Vahe Ohannessian, AIA,the project architect, project construction will not affect the existing mature Red Maple tree in the back yard. Page 4of7 82 Highland Avenue November 10, 2015 ZBA-2015-18 SPF Planning Board Report The new back deck stairs(as shown on Sheet Al) maintain the required 10 foot setback on the Westerly side, and the "bump out" of the house on that side will also be retained. The project will also include a new, open front portico, but this is allowed by Section 4.11(a) of the WZO. Finally, the reconfiguration of the house from a single to a two-story structure on the existing footprint does not increase the generation of stormwater, and therefore the new condition is not substantially more detrimental to the neighborhood. IV. BOARD&STAFF RECOMMENDATIONS The Board (4-0) and DCDP staff recommend 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. SEPTEMBER 9,2015 John Hawes said the current design was too high. He suggested the Petitioner submit a cross-section,to show heights of the proposed structure and surrounding houses. He again suggested a different roof shape to address the concerns heard from the abutter. Gideon Schreiber, Senior Planner, asked the Petitioner if he'd considered lowering the side wall height to approximately 6 feet? This would lower the entire structure, and the roof height. Evan Hearty said that he'd considered this option with his architect, but the result did not leave useable space in the double bathroom area on one side of the new structure. Fergal Brennock said he agreed with Chairman Hawes, in that the roofline was too high, and consideration had to be given to both neighbors. John Hawes said the Petitioner seemed to have two options: 1) Have the Planning Board vote tonight, or 2) Continue the project to the next Planning Board meeting to allow time to redesign the project. He asked the Petitioner which option he would like to pursue? Vahe Ohannessian discussed the matter with his clients, and responded that Mr. Hearty would like to have the process continued to the next Planning Board meeting. OCTOBER 14, 2015 The Planning Board voted to continue the Petition to the November Board meeting. NOVEMBER 9,2015 The Board members' consensus was that the revised design, using two shed dormers, was an improvement over the original design. It changed the roof shape, and addressed concerns articulated by the Board and neighbors. Page 5 of 7 82 Highland Avenue November 10, 2015 ZBA-2015-18 SPF Planning Board Report V. CONDITIONS Timeframe To be # Condition for Verified Compliance by Control Plans.The Control Plans shall be: A. Sheet A0: Title Sheet, Evan Heraty,82 Highland Ave,Watertown, MA,Second Story Addition, dated 11/3/15,drawn by Vahe Ohannessian,AIA, received 11/4/15 B. Sheet Al: Site Plan, dated 11/3/15 C. Sheet A10.1: Basement Plan,dated 11/3/15 1. D. Sheet A11.1: Existing First Floor Plan, dated 11/3/15 Perpetual ZEO/ISD E. Sheet A11.2: Proposed First Floor Plan, dated 11/3/15 F. Sheet Al2.1: Proposed Second Floor Plan, dated 11/3/15 G. Sheet A14: Proposed Roof Plan, dated 11/3/15 H. Sheet A21: Existing Elevations, dated 11/3/15 I. Sheet A22: Proposed Elevations, dated 11/3/15 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 2. CO ZEO/ISD 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. 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,deck and Bp ZEO/ISD landing plot plan 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. Page 6 of 7 82 Highland Avenue November 10, 2015 ZBA-2015-18 SPF Planning Board Report �QQQQQQQIQQQQQ�n12ali �� 2 N Mg 59 a� m Mows m �,� 7 Kr V. rk co n� 440 0-4 00 •Y•� w �i� w � � �� ` �� Rti �� gR ,�� .ea� �i�y� M .�q �Q00 10 m t.. a dti r g40 a a#� t, m 2� q k # 1 2� n a ig �d00 a m o ��H ffi r m° 7 0 a e do o Page 7 of 7