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Home My Public Portal AboutZBA Decision 66 Edenfield Av - SP,SPFTOWN 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-2012-08 SPF was considered for a Special Permit and 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: ZBA-2012-08 SP/SPF 66 Edenfield Avenue, Watertown, MA 349 72 84 T (Two -Family) Zoning District Ara Dermovesian, 21 Mason Street, Lexington, MA 02421 Special Permit §6.02(j) -Location & Design of Off- Street Parking Spaces Special Permit Finding §4.06(a)- Alteration of Nonconforming Uses & Building Zoning Board of Appeals April 4, 2012 - Approval April 11, 2012 - Approval April 25, 2012 - Approval May 9, 2012 66 Edenfield Avenue ZBA Decision Case #ZBA-2012-08 I. PUBLIC NOTICE (M.G.L. c. 40A, §11) A. Procedural Summary 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. B. Legal Notice "Ara Dermovsesian, 21 Mason Road, Lexington, MA 02421, herein requests the Zoning Board of Appeals to grant a Special Permit in accordance with §6.02(j), Location and Design of Off - Street Parking, Garage, so as to construct a two car garage under the building with access from the front yard, and further requests a Special Permit Finding in accordance with §4.06(a), Alts/Additions to Non -Conforming Structure, Side Yard Setback, so as to enlarge existing front entryway, located in the T (Two -Family) Zoning District." II. DESCRIPTION A. Site Characteristics The property is a 4,000 square foot lot that contains a two-story (plus attic) two-family dwelling with a gable roof built around 1915. The main building is 25 feet wide by 42 feet deep and has a 15 feet wide by 6 feet deep two-story open front porch. A set of concrete stairs lead from the public sidewalk through the front yard to a covered front exterior entrance to the left of the porch. An existing parking area/driveway is located partially within the building front yard in the front right corner of the lot. B. Surrounding Land Use The site is located on Edenfield Avenue within the T (Two-family) Zoning District. Reflective of the underlying zoning, the property is surrounded by a mix of primarily single and two-family homes. The Watertown Middle School is approximately 300 feet east of the site. C. Nature of the Request The Petitioner proposes to raze the two story front porch and construct a new 19 feet wide by 24 feet deep two -car garage underneath the building, which would be accessed by a driveway within the Building Front Yard. The new garage's 16 feet wide door would be recessed five (5) feet from the upper stories so that it would be set back 23 feet from the front lot line in order to accommodate a new 18 feet long by 17 feet wide driveway with surface parking for two (2) cars in front of the garage that would be accessed by an 11 feet wide driveway within the five (5) feet front setback. A Special Permit under Section 6.02(j) is required in order to allow parking and/or driveway area within the Building Front Yard of an attached garage of a two-family dwelling. Page 2 of 7 66 Edenfield Avenue ZBA Decision Case #ZBA-2012-08 In addition, the Petitioner proposes to enlarge the existing covered landing of the front entrance by adding an additional exterior entry door. Because the covered entrance landing is set back only 7.5 feet from side lot line (where 10 feet is required), a Special Permit Finding under Section 4.06(a) is required in order to alter the nonconforming structure. III. PUBLIC COMMENT Dennis Duff, 33 Spruce Street, Watertown suggested that the retaining wall be either block or stone as landscape timber rot in 15 to 20 years — especially if the architect has planned to place the front garage column on top of it. IV. FINDINGS A. §9.05 Conditions for approval of a Special Permit /. Is the specific site an appropriate location for such a use? Met with conditions- The proposed two -car garage and driveway/parking area within the Building Front Yard of the two-family dwelling is only allowed by special permit. Because the nonconforming side yards of the narrow lot are not wide enough to accommodate a driveway to a rear parking area, the underground garage with a driveway in the front yard is the only location to provide the four required parking spaces. 2. Will the use as developed adversely affect the neighborhood? Met with conditions- The existing two-family dwelling currently has a nonconforming parking area for one vehicle that is partially located within the front yard due to the nonconforming 7.1' side yard, which is too narrow to accommodate a driveway. The proposal will not adversely affect the neighborhood provided that the Petitioner modifies the plans by narrowing the driveway to no wider than 11 feet within the five (5) feet front setback. A condition (Condition #4) of this decision will also require that the Petitioner offset the paving of the building front yard by providing at least one shade tree in the landscaped areas on either side of the driveway. 3. Will there be a nuisance or serious hazard to vehicles or pedestrians? Met with conditions — To meet the requirements of the WZO and to provide a more safe passage for pedestrians along the sidewalk, the driveway area within the five (5) feet front setback must be no wider than 11 feet after which the following 18 feet of the driveway may be used for parking and be no wider than 17 feet. 4. Are adequate and appropriate facilities provided for the proper operation of the proposed use? Met with conditions- In order to meet this requirement the 18 feet of driveway in front of the new garage must not be wider than 17 feet. Vegetated landscaping must be provided Page 3 of 7 66 Edenfield Avenue ZBA Decision Case #ZBA-2012-08 on either side of the driveway and protected from the encroachment of cars by a low physical barrier such as decorative curbing/edging or other form of border. B. 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." The Board finds that the proposed enlargement of the covered front entrance landing within the side yard setback would not be substantially more detrimental than the existing condition. The enlargement maintains the nonconforming 7.1' side yard setback. V. RECOMMENDATION: The Planning Board recommends Conditional Approval of the requested Special Permit and Special Permit Finding as the requests meet the criteria set forth in the Watertown Zoning Ordinance. The Conditions of approval including timeframes for compliance are listed in the table below. VI. ZONING BOARD OF APPEALS A. Determination The Zoning Board of Appeals met on April 25, 2012 and discussed the original plan to have a stairway to the third floor. Argen Roy spoke on behalf of the petitioner. Ed Danielson, Architect explained that the staircase for the third floor had been removed and the plans revised. Mr. Danielson also stated that the engineering plans will show the 5' retaining wall at the entrance to the garage, the material of the structural column and its' footing at the right side of the front of the garage, an extension of the rail along the walkway from the front stairs, a drain for storm water runoff at the bottom of the driveway slope, a landscape plan for the entire property and the elimination of the storage areas inside the garage area to open the space for maneuverability. 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. John seconded. Voted 5-0, granted. Member Elliott motioned to approve the request for Special Permit, §6.02(j) as it meets the criteria set forth in the ordinance with the conditions discussed. Mr. Heep seconded. Voted 5- 0, granted. Petition # ZBA 2012-08 is GRANTED by the vote of 5-0 of the Watertown Zoning Board of Appeals. Page 4 of 7 66 Edenfield Avenue Vii. CONDITIONS ZBA Decision Case #ZBA-2012-08 # Condition Timeframe for Compliance To be Verified by 1 The Control Plans AS MODIFIED BY THESE CONDITIONS shall be: "Proposed Plot Plan #66 Edenfield Avenue in Watertown, MA" dated 2/14/12 & prepared by Rober Survey; the architectural plans prepared by John G. Danielson Inc.: "SK -1" (existing & proposed front elevations, section, & basement plan) dated 3/5/12, "SK -2" (proposed side elevations) dated 4/3/12 & revised 4/4/12, "SK -3" (existing side elevations) dated 4/3/12, "A-1: Front & Rear Stair Design" dated 2/2/12, & "A-2: Front & Rear Stair Design" dated 2/2/12. BP, Perpetual ZEO/ ISD 2 The Petitioner shall provide an updated proposed site plan showing the driveway width no greater than 11' within the required 5' front setback and the remaining 18' length of driveway/surface parking no wider than 17'. BP ZEO/ Planning Staff 3 The Petitioner shall provide a landscaping plan acceptable to Planning Staff that shows the provision of vegetated landscaping within the rear yard, side yards, and those areas of the front yard that will not be part of the proposed driveway. All landscaping adjacent to the new driveway must be protected from the encroachment of cars by a low physical barrier such as decorative curbing/edging, or other form of border. BP Planning Staff 4' The Petitioner shall provide at least one shade tree in the landscaped areas on either side of the driveway or make arrangements with the Tree Warden for the provision of a public street tree(s) in front of the property. BP Planning Staff/ Tree Warden 5. 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. CO ZEO/ ISD 6' 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 Page 5 of 7 66 Edenfield Avenue ZBA Decision Case #ZBA-2012-08 # Condition Timeframe for Compliance To be Verified by 7. 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 8. The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. CO ZEO/ ISD 9' The Petitioner shall submit a certified "as -built" foundation plot plan showing all dimensional setbacks. BP ZEO/ ISD 10. 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 Attest, by the Zoning Board of Appeals: Attest, by the Clerk to the Zoning Board of Appeals: Page 6 of 7 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 66 Edenfield Avenue ZBA Decision Case #ZBA-2012-08 *************************************************************************************** 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 7 of 7