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Home My Public Portal About195 Mount Auburn Street PB Report FINAL_201504141051188932 TOWN OF WATERTOWN 1630 Department of 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 April 8, 2015,with four (4) members of the Planning Board (Board) present,case#ZBA-2015- 09 SPF (Amendment),an Amendment to a Special Permit Finding,to be heard by the Zoning Board of Appeals on April 22, 2015,was heard and considered. The Board submits the following report, as requested,to aid the Zoning Board of Appeals in deciding on the Petition before it. CASE#: ZBA-2015-09 SPF (Amendment) SUBJECT PROPERTY: 195 Mount Auburn Street PARCEL ID#: 1018 1 0 ZONING DISTRICT: SC (Single Family Conversion) Zoning District and Mount Auburn Street Historic District OWNER/PETITIONER: Clyde L.Younger, Owner and Petitioner ZONING RELIEF SOUGHT: Special Permit Finding Amendment: Amend SPF granted in November 1996 (96-31),amended October 1998 (98-15) so as to allow 8 parking spaces where 10 were required by Special Permit Finding (98-15) SPECIAL PERMIT GRANTING AUTHORITY: Zoning Board of Appeals PLANNING BOAR&STAFF RECOMMENDATION: (4-0) Conditional Approval (3-1) Remove Draft Conditions 3 &4 DATE OF PLANNING BOARD MEETING: April 8, 2015 DATE OF ZBA MEETING: Scheduled April 22, 2015 195 Mount Auburn Street April 9,2015 ZBA-2015-09-SPF(Amendment) Planning Board Report I. PUBLIC NOTICE(M.G.L.C.40A,&11) A. Procedural Summary Petition ZBA-2015-09 SPF/Amendment was heard by the Planning Board on April 8, 2015 and is scheduled to be heard by the Zoning Board of Appeals on April 22, 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 April 3 and 10, 2015; • Posted at the Town Administration Building on March 25, 2015; and, • Mailed to Parties in Interest on March 25, 2015. B. Leeal Notice "Clyde L. Younger, Owner, 188Acton Street, Watertown,MA 02472 herein requests the Zoning Board ofAppeals grant an Amendment to a Special Permit Finding granted in November 1996,#96-31,Amended October 1998, #98-15 so as to allow existing parking for 8 vehicles be allowed to continue for existing uses. SC(Single Family Conversion)Zoning District. ZBA-2015-09" H. DESCRIPTION A. Site Characteristics and Surrounding Uses The subject property is a 11,543 square foot(0.265 acre) parcel on Mount Auburn Street containing a 2.5 or 3-story Queen Anne/Colonial Revival Victorian era house,built around 1893 (Assessor's records). The building is a non-conforming mixed use with three separate tenant spaces on the ground and basement floors and a single residential apartment on the second and third floors,with a driveway and garage space for a total of eight(8) onsite parking spaces. j Subject Property showing driveway and parking Close up of one designated parking space area Page 2 of 7 195 Mount Auburn Street April 9,2015 ZBA-2015-09-SPF(Amendment) Planning Board Report M 4: View of side yard of 9 Franklin Street Example of on-street parking on Franklin Street The site is located in the SC (Single Family Conversion) Zoning District.The property abuts Mount Auburn Street to the north, older single-family and two-family residences to the east and south,and multi-family to the west. The property is also located in the Mount Auburn Street Historic District. B. Nature of the Reauest The Petitioner requests an Amendment to a Special Permit Finding from the Zoning Board of Appeals to allow for the use with only 8 parking spaces,where the previously Special Permit was approved with 10 parking spaces. C. Permit and Enforcement History The Town records indicate the property was granted a Variance in 1957 for a Funeral Home with a residential apartment on the second and third floors. Subsequently in 1996,a Special Permit Finding was granted to convert an existing non-conforming use (mixed use, funeral home and apartment) in the"SC" Single-Family Conversion Zoning District to a mixed use, commercial/office with an apartment on the second and third floors and ten parking spaces,where the uses would have required 12 parking spaces.Additionally,in 1998,the Special Permit Finding was amended to allow for an expansion of the commercial/office use in the basement with only ten parking spaces. Both the 1996 and the 1998 Special Permit Findings were based on a site plan which indicated there was sufficient lot area to support two (2) parking spaces in an existing garage,two (2) spaces between the garage and the abutting lot line,and six(6) spaces located in the driveway, stacked in front of the garage. As a result of parking issues between the abutting lot(9 Franklin Street) and 195 Mount Auburn Street,it was identified that the abutting lot line between the two lots and represented on the approved plans in 1996 and 1998,was incorrect. The error results in a plan that would eliminate the two (2) parking spaces between the garage and the abutting lot line,shown on the 1996 and 1998 plans. A Code Enforcement and Order to Show Cause was issued to the property owner of 195 Mount Auburn to prove compliance with the 1996 and 1998 permits. As a result of the Order to Show Cause hearing before the Zoning Board of Appeals on November 19, 2014,the property owner was directed to file for a permit amendment for the Town to consider allowing for further reduced parking of eight(8) spaces,where the previous permits allowed 10 spaces when 12 where required by ordinance. Page 3 of 7 195 Mount Auburn Street April 9,2015 ZBA-2015-09-SPF(Amendment) Planning Board Report D. Public Comments Zoning Enforcement staff received comments from the neighboring property owner(s) regarding the aforementioned Order to Show Cause and property line,parking concerns. This correspondence was provided to the Planning Board as part of its deliberations,and is attached for reference. Zoning Enforcement staff also coordinated with the Watertown Police Department in order to obtain violation and complaint history for Franklin Street and any properties associated with the herein permit amendment request. According to the report and discussion with the Police Department,there were 21 total complaints from 2012 to 2015, of which 14 were reported from residents in the immediate area and 7 were self-initiated by the Police Department. Many of the alleged violations resulted in no violation and/or warnings. It is unknown whether any of the complaints/violations were directly attributed to 195 Mt.Auburn Street or not. Only one (1) of the complaints may be directly associated with 195 Mt.Auburn Street.The complaint was reported by 9 Franklin Street and was over an apparent parking dispute. A list and summary of the complaint history was provided to the Planning Board as part of its deliberations,and is attached to this report for reference. Also attached is a 3/12/15 comment letter received from John Airasian. III. FINDINGS AND ANALYSIS A. SD_ ecial Permit Findine 44.06 According to records on file with the DCDP offices,the original Special Permit Finding was heard and granted in 1996 and 1998 in accordance with Section 4.06(e) to convert the non-conforming use (a Funeral Home) to an office,while also allowing the upstairs to continue to be used as a single-family residence (apartment). The standard in 1996 and 1998 for consideration by the Zoning Board of Appeals was "a non-conforming use may be replaced by another non-conforming use, at least as restricted in Article V as the existing use,subject to the Board ofAppeals finding as provided in Section 4.06(a)." This meant that the Zoning Board of Appeals,to grant Mr.Younger's original 1996 request for the change from Funeral Home to Office had to make 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." These regulatory requirements remain the same in the current Watertown Zoning Ordinance (WZO). With respect to the central issue of the current Amendment request,parking,the November 1996 and 1998 Planning Board report is instructive. It states "...the parking requirement for the Funeral Home is27spaces." The report also states "the bylaw requires 12-13 spaces for..."the proposed office use and residential dwelling unit. The November 1996 and 1998 decision of the Zoning Board of Appeals notes "the site provides 10 parking spaces in a stacked configuration." The decision also notes,given the requirements for the prior Funeral Home,that providing 10 spaces "is a non-conforming parking arrangement[that] currently exists." It also states the 1996 parking situation "can be continued through a Special Permit Finding." It also notes that two spaces will be designated for the residential use. Finally,the 1996 and 1998 decision make the specific finding required,that the extension or alteration"shall not be substantially more detrimental than the existing non-conforming use,structure or building to the neighborhood." As part of its report to the Planning Board,the DCDP staff re-analyzed the parking calculation for the office/residence uses as described in 1996 and 1998. According to the-then in force WZO,the Page 4 of 7 195 Mount Auburn Street April 9,2015 ZBA-2015-09-SPF(Amendment) Planning Board Report two uses would have required a total of 12 parking spaces: two for the residence (which was one unit but occupied the 2nd and 3rd floor) and 10 for the office space. DCDP staff also analyzed the parking requirement for the same type and amount of space against the parking requirements in the current WZO. Using the 2015 Ordinance,the same space (office and residential) would require 13 spaces. The Planning Board considered the WZO-required amount of onsite parking in its deliberations. The Planning Board found the site always had non-conforming parking. The Petitioner's current request is to again amend the amended SPF (from 1996) to allow the continued mix of uses with eight(8) parking spaces. The Planning Board found the current amendment request is due to the fact that the original and amended approvals in 1996 and 1998 was based on an erroneous Site/Plot Plan which showed that the site could accommodate ten parking spaces. The Code Enforcement Action,the Order to Show Cause,and the Planning Board found the site can only accommodate eight(8) spaces as shown on the updated plan,dated February 4, 2015. In its deliberations,the Planning Board acknowledged the proposed parking lacks sufficient maneuverability for the vehicles,and the limited amount of parking available on the site. The Board also acknowledged and considered the type and number of complaints received by the Watertown Police Department. Given these facts,DCDP staff and the Planning Board recommend the request to amend the SPF be conditioned to clearly designate the onsite parking. IV. RECOMMENDATION The Planning Board and DCDP staff recommends conditional approval of the requested amendment to the Special Permit Finding under§4.06(e) and (a) as it meets the necessary criteria set forth in the Watertown Zoning Ordinance. The Planning Board also voted (3-1)to remove draft conditions 3 and 4, shown below in strikeout. V. CONDITIONS Timeframe To be # Condition for Verified Compliance by Control Plans.The Control Plan shall be: A. Plan of Land in Watertown,MA: 195 MountAuburn Street., 1. Proposed Parking Plan,by Everett M.Brooks Co.,dated 2/4/15, Perpetual ZEO/ISD drawn,signed and stamped by Bruce Bradford,Professional Land Surveyor. Designation of Parking Spaces A. The total number of parking spaces allowed on the site at any time is a maximum of eight(8). This amount shall not be exceeded. B. The Petitioner shall designate on the property,by permanent pavement markings,two(2) spaces to be used exclusively by the 2. residence,and shall designate these 2 spaces in such a manner Perpetual ZEO/ISD that vehicles parked in these spaces may exit or enter the site unimpeded by other vehicles parked on the site. C. The Petitioner shall designate on the property,by permanent marking on the pavement,the six(6)parking spaces available for the non-residential use. Page 5 of 7 195 Mount Auburn Street April 9,2015 ZBA-2015-09-SPF(Amendment) Planning Board Report Timeframe To be # Condition for Verified fied by Demarcation of NO PARKING Areas and Signage A. The L..,Lxg peFmaaeat pavemam peFmaneat pb.ysieal bai: ,.l..,v..,,-,.ateai:eas of the site than eannot be, eE FG porkiNg so as to r nt e aelqme t ante D 3. Street, r C nditi #4 Perpetual ZEO/ISD B. The D„t;t;,,�otti�lti�l irijtall„ nt sign age on the site ad•iang u\ll Uhl Path om L-he site that it; PFOhibited to onto 9 The PetitieaeF shall e e that tl.eFe is no ,.1... eat of any of the 4. six{J pmk-ing spaces onto tl-,o cbu�King pip-",,9 F-.R&,�"din Street. Any Pef:petual ZEO/ISD such e cL.,v,o:t,ohall be immediately,-.,m.,.ied if nOt,-.,,v,.,.ied Petition ol\`lll1R be subject to a fine imposed at the disc,-eti- Plan Modifications. Neither the Petitioner nor any present or future owner of any interest in the project shall change or modify either the Control Plan referenced in this decision,or the project itself,without first 5. filing a formal request with the DCDP for an opinion as to whether or not Perpetual ZEO/ISD 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. Codes/Regulations Compliance.The Petitioner shall comply with all 6. other applicable local,state,and federal requirements,ordinances,and Perpetual ZEO/ISD statutes. Attachments: A. Email from John Airasian, dated March 12, 2015; B. Email from Jonathan Bloch, dated, March 13, 2015 and attachments; C. Email from Jonathan Bloch, dated, March 14, 2015; D. Email from Jonathan Bloch, dated, March 16, 2015; E. Franklin Street Complaints,Watertown Police Report, dated, March 26, 2015 F. Special Permit Finding Decision and Plan, 1996; G. Special Permit Finding Amendment Decision and Plan, 1998 Page 6 of 7 195 Mount Auburn Street April 9,2015 ZBA-2015-09-SPF(Amendment) Planning Board Report 7T`° EE_q a �� mm=---amELLaLLENm � s f,°�m°may '�ma L 0000Q000�000000m�o,= �a„ �moozzr�o®eo®oa NO�o��or � C r # U L 0 Q r +� r co CO LO CIA _0 O BATES RD NN m cN �� Qk oN r ti of r r r 0 0 � N N O r Q M N L Q ,9 (D r r O O r U.) 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