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Home My Public Portal About14.16 Morse_Street_Planning Board Report_ Home Occupation_201503130949335946 T'DWN OF WATERTOWN 1636 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 Neal Corbett PLANNING BOARD REPORT On March 11, 2015, with five (5) members of the Planning Board present, case#ZBA-2015-04-SPA, a Special Permit Amendment,to be heard by the Zoning Board of Appeals on March 25, 2015,was considered. The Planning Board submits the following report, requested,to aid the Board of Appeals in deciding on the application before it. CASE#: ZBA-2015-04 SUBJECT PROPERTY: 14-16 Morse Street Parcel ID# 11140 ZONING DISTRICT: TWO Family("T")Zone PETITIONER&OWNER: Margaret E. Cloherty, R.E. ZONING RELIEF SOUGHT: Special Permit Amendment per§5.02(d) and as defined in §2.35 Home Occupation SPECIAL PERMIT GRANTING AUTHORITY: Zoning Board of Appeals DATE OF STAFF REPORT: March 3, 2015 PLANNING BOARD&STAFF RECOMMENDATION: (5-0) Conditional Approval DATE OF PLANNING BOARD HEARING: March 11, 2015 DATE OF ZONING BOARD OF APPEALS: Scheduled March 25, 2015 Page 1 of 5 14-16 Morse Street March 12, 2015 ZBA 2015-04 SP Planning Board Report I. PUBLIC NOTICE (M.G.L.CH.40A.§11) A. Procedural Summary Petition ZBA-2015-04 was heard by the Planning Board on March 11, 2015 and is scheduled to be heard by the Zoning Board of Appeals on March 25, 2015. As required by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice was given as follows: • Publish in the newspaper of record (Watertown Tab) on March 6 and March 13, 2015; • Posted at the Town Administration Building and on the Town's Website on February 25, 2015; • Mailed to Parties in Interest on February 25, 2015. B. Legal Notice "Margaret E. Cloherty, R.E., 14-16 Morse Street, Watertown, MA 02472, herein requests the Zoning Board of Appeals grant a Special Permit Amendment in accordance with Watertown Zoning Ordinance §5.02(d) Home Occupation, so as to allow an approved Home Occupation (Electrolysis) to modify its hours from Saturdays, 9am-10pm to Tuesday-Saturday 9am-5:30pm. "T" (Two Family)Zoning District. ZBA-2015-04" DESCRIPTION C. Site Characteristics The subject property is approximately 6,969 square feet in size and contains an existing two-family residence with an existing Home Occupation, approved in 1970. The driveway and parking are located along the side yard. As a two-family house, the subject property must have at least two parking spaces per unit (§6.01—Required Off-Street Parking Spaces). Given the length of the driveway and the freestanding garage at the rear,the property meets this requirement in addition to space to park additional vehicles if necessary. D. Surrounding Land Use The site is within the Two-Family("T") Zoning District. Reflective of the underlying zoning,the property is surrounded by other two-family homes. E. Nature of the Request The Petitioner proposes to Amend the original Special Permit granted in 1970, by modifying the days and hours of operation from Saturday, 9am-10pm only,to Tuesday through Saturday, 9am-5:30pm. No changes are proposed to the exterior of the structure. II. FINDINGS §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 use is allowed by Special Permit in the T-Zoning District so long as it meets the requirements for Home Occupation as defined in §2.35 of Watertown's Zoning Ordinance (WZO). The criteria are met in that the proposed use: Page 2 of 5 14-16 Morse Street March 12, 2015 ZBA 2015-04 SP Planning Board Report a) Is incidental and secondary to the residential use of the building. This is an existing Home Occupation granted in 1970 and is Accessory to the primary residence of the applicant; b) Does not change the essential residential character of the use with no exterior alterations/buildings not customary with residential use. No exterior alternations are planned by the Applicant as part of the Amended days and hours; c) Is carried on solely by the residents of the dwelling. The property serves as the applicant's primary residence and has no employees; d) Is no more than 25%of the total floor area of the dwelling. The use occurs in a separate office located on the second floor of the dwelling as it was approved in 1970. No changes are proposed to the area used for the Home Occupation. e) Is not visible from any other residential structure/with no outside storage of equipment/materials. The use occurs solely in the residence and is not visible from the exterior. f) Does not produce offensive noise, odor, smoke, dust, heat, glare, excessive traffic, or other objectionable effects. The existing use does not produce any of the above and would be consistent with this section. g) Would not significantly increase the average daily trips (ADT)1 generated by the residence. Conditions established in the original permit would limit to no more than two (2) clients at the residence at any given time, thereby limited the impact of any increase trips. h) Is not a specifically identified uses not allowed. The use is existing and was previously approved in 1970. No changes to the use other than days and hours is proposed. The proposal would involve clients parking in the driveway. Based on the length of the driveway,there is sufficient space to park the required number of vehicles on site for all uses on the property. 2. Will the use as developed adversely affect the neighborhood? Met: Given the conditions and findings in the original permit and that there is sufficient space for clients to park off-street, and the proposed hours would restrict clients after 5:30pm,the use would not adversely affect the surrounding neighborhood. 3. Will there be a nuisance or serious hazard to vehicles or pedestrians? Met: As proposed,there would be no nuisance or hazards to pedestrians walking along Morse Street or to vehicles passing by. The use is within the structure and no noise or odors would be associated with the use. There are no other indications of nuisances. 4. Are adequate and appropriate facilities provided for the proper operation of the proposed use? Met:The proposed use would not require any remodeling of the exterior or the interior of the structure. As proposed, there appears to be adequate separate space for the operation of the Accessory Use. 'ADT for a single-family residence is 10 trips per day, inclusive of visitor trips, but different families would create a different set of actual trips. Page 3 of 5 14-16 Morse Street March 12, 2015 ZBA 2015-04 SP Planning Board Report III. RECOMMENDATION: Planning Staff and the Planning Board (5-0) recommends Conditional Approval of the requested Special Permit as it meets the criteria set forth in the Watertown Zoning Ordinance. IV. CONDITIONS Timeframe To be # Condition for Verified Compliance by 1. The Control Plans shall be: "Site Plan," dated February 6, 2015 Perpetual ZEO/ISD 2. Neither the Petitioner nor any present or future owner of any interest in the project shall change or modify the Control Plans referenced in this decision, or the project itself, without first filing a formal request with the DCDP, Zoning Enforcement Officer, and Building Inspector, for an opinion as to whether or perpetual ZEO/ISD not such change or modification requires further review from the Granting Authority. Minor modifications, which are found to be consistent with the project approval granted by the Granting Authority, may be considered and approved by DCDP Director. 3. Prior to implementation of the modified hours,the Petitioner Prior to shall provide evidence to the Zoning Enforcement Officer that increased ZEO this entire decision has been filed with the Registry of Deeds. days/hours 4. The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. Perpetual ZEO/ISD 5. 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 perpetual ZEO 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. 6. Specifically,the Accessory Use/Home Occupation (Electrolysis Office)shall: A. Have no employees/staff other than the petitioner; B. Have no more than 2 clients at the residence at any given time; C. Only be allowed to operate Tuesday-Saturday, 9:00 AM to 5:30 PM, and where the last scheduled appointment Perpetual ZEO shall be 5:00 PM; D. Shall be allowed to operate only in the existing office space located on the second floor; and E. Have no signage on site advertising the Home Occupation, except as approved under separate permit consistent with the Watertown Zoning Ordinance. 7. This Permit shall expire upon abandonment of the use or when the intent of the Petitioner to discontinue the use is apparent, Perpetual ZEO and/or when the Petitioner vacates the property. 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