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Home My Public Portal About14 Fayette St - SPF - DecisionTOWN OF WATERTOWN Zoning Board of Appeals Administration Building 149 Main Street WATERTOWN, MASSACHUSETTS 02472 Melissa M. Santucci, Chairperson Deborah Elliott, Clerk David Ferris, Member Suneeth P. John, Member Christopher H. Heep, Alternate Zoning Board of Appeals DECISION Telephone (617) 972-6427 Facsimile (617) 926-7778 www.watertown-ma.gov On April 25, 2012 with five (5) members of the Zoning Board of Appeals ("the Board" or "ZBA") present, case number ZBA-2012-05 SPF was considered for a Special Permit Finding. CASE #: SUBJECT PROPERTY: PARCEL ID#: ZONING DISTRICT: PETITIONER /OWNER: ZONING RELIEF SOUGHT: SPECIAL PERMIT GRANTING AUTHORITY: STAFF RECOMMENDATION: PLANNING BOARD RECOMMENDATION ZONING BOARD OF APPEALS DECISION: DATE DECISION FILED WITH TOWN CLERK: I. PUBLIC NOTICE (M.G.L. C. 40A, §11) A. Procedural Summary: ZBA-2012-05 SPF 14 Fayette Street, Watertown, MA 303 16A 0 T (Two -Family) Zoning District Ruwen Gao, 14 Fayette Street, Watertown, MA 02472 Special Permit Finding §4.06(a) side yard setback Zoning Board of Appeals April 4, 2012 - Approval April 11, 2012 - Approval April 25, 2012 - Approval May 9, 2012 Petition ZBA-2012-05 SPF was scheduled to be heard by the Planning Board on April 11, 2012 and 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. 14 Fayette Street ZBA Decision Case #ZBA-2012-05 B. Published Legal Notice: "14 Fayette Street — Special Permit Finding Ruwen Gao, 14 Fayette Street, Watertown, MA herein request the Zoning Board of Appeals to grant a Special Permit Finding in accordance with §4.06(a), Alts/Additions to Nonconforming Structures, Rear and Side Yard Setback(s), Zoning Ordinance, so as to increase the height of the structure and replace the existing roof with a new gable roof in the T (Two -Family) Zoning District." II. DESCRIPTION A. Site Characteristics The subject property is a 4,550 square foot lot on Fayette Street containing a two-family, two- story gable -roofed structure with a one-story addition to the rear with a hip and gable roof. The lot is approximately 58' wide and 79' deep with a paved front yard and a concrete northeasterly side yard. The property is nonconforming regarding lot size, side and rear yard setbacks and parking. B. Surrounding Land Use Located in the T (Two -Family) Zoning District, the property abuts a mix of two-family, single- family, and multi -family uses. Main Street is two blocks to the southwest and Mt. Auburn Street is one block to the southeast. C. Nature of the Request The Petitioner proposes to replace the existing roof of the one-story portion of the house, raising the walls by 24" and replacing the existing gable and hip roofs with a gable roof and one shed roof, all within the footprint of the existing structure. The front yard asphalt area would be removed and two new parking spaces would be created along the southeast side yard. The proposal requires a Special Permit Finding §4.06 (a) to alter a nonconforming structure within the side yard setback of 1.3' and rear yard setback of 9.3'. III. PUBLIC COMMENT No testimony was provided at the public hearing or in writing. IV. FINDINGS 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." Page 2 of 5 14 Fayette Street ZBA Decision Case #ZBA-2012-05 The Board finds that the proposed alteration to allow more headroom and replace the existing roof with a redesigned roof would not be substantially more detrimental than the existing condition. It would not change the amount of lot coverage nor would it alter any nonconforming setbacks on the site. The removal of asphalt along the street will remove some impervious surface and allow landscaping in the front of the house, which will improve the appearance of the block. The proposal would not diminish the views from neighboring properties and would not add shadows. V. RECOMMENDATION The Planning Board and the Planning Staff recommend Conditional Approval of the requested Special Permit Finding §4.06(a), as it meets the criteria set forth in the Watertown Zoning Ordinance. VI. ZONING BOARD OF APPEALS A. Determination The Zoning Board of Appeals met on April 25, 2012 and discussed the absence of clear drawings for the proposed changes. Brian Lau, representing the petitioner, stated that they are raising the roof 18-24" although the elevation plans do not accurately depict that; also, the chimney will be removed; the windows may extend higher, the interior drawing showing the bathroom will be corrected, and a roof plan will be submitted. The board noted that condition #7, requiring the pavement be removed and landscaping added, already shows on the plot plan. The board conditioned their finding for the petitioner to submit accurate architectural drawings before the decision is filed. B. Vote Member Elliott motioned to approve the request for Special Permit Finding, §4.06(a) as it meets the criteria set forth in the ordinance with the conditions discussed. Mr. Heep seconded. Voted 5-0, granted. Petition # ZBA 2012-05 is GRANTED by the vote of 5-0 of the Watertown Zoning Board of Appeals. Page 3 of 5 14 Fayette Street VII. CONDITIONS ZBA Decision Case #ZBA-2012-05 # Condition Timeframe for Compliance To be Verified by 1. The Control Plans shall be: Plot Plan of Land in Watertown, MA prepared by George C. Collins, PLS of Boston Survey, Inc. dated 4/4/2012 and the plan page, sheet A-2, titled, "Proposed Roof Alteration 14 Fayette St Watertown Ma" showing elevations and first floor interior floor plan. BP Perpetual ZEO/ISD 2 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. Perpetual ZEO/ISD 3. 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 4' The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. CO ZEO/ISD 5. 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 6. 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 year from Decision ZEO 7 The paved front yard asphalt area shall be removed and landscaped. CO/Perpetual ZEO 8. Petitioner shall submit updated architectural drawings showing the details of the proposed change to the roof plan, the interior floor plan, the elevations and windows. Prior to Building Permit Issuance ZEO Page 4 of 5 14 Fayette Street ZBA Decision Case #ZBA-2012-05 Attest, by the Zoning Board of Appeals: Attest, by the Clerk to the Zoning Board of Appeals: Melissa M. Santucci Rozzi, Chair Deborah Elliott, Clerk David Ferris, Member Suneeth P. John, Member Christopher H. Heep, Alternate Louise A. Civetti Clerk to the Zoning Board of Appeals *************************************************************************************** THE COMMONWEALTH OF MASSACHUSETTS Certificate of Granting (General Laws Chapter 40A, Section 11) Twenty days have elapsed and no appeal has been filed or that if such appeal has been filed, that it has been dismissed or denied is recorded in the registry of deeds for the county and district in which the land is located and indexed is the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. Attest, by the Town Clerk: Date: Received and entered with the Register of Deeds in the County of Southern Middlesex Attest, Register of Deeds: Book Page Notice to be recorded by Land Owner Page 5 of 5