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Home My Public Portal AboutFINAL Decision_21 Bartlett St_SPF mmTOWN OF WATERTOWN Zoning Board of Appeals Administration Building 149 Main Street WATERTOWN, MASSACHUSETTS 02472 Melissa M. Santucci Rozzi, 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 June 27, 2012 with five (5) members of the Zoning Board of Appeals (the Board) present, case number ZBA-2012-12 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 REPORT: PLANNING BOARD REPORT: ZONING BOARD OF APPEALS DATE OF ZBA MEETING: ZBA-2012-12 SPF 21 Bartlett Street, Watertown, MA 329 5 26 S-6 (Single -Family) Zoning District Dorothy A Pacitto, 21 Bartlett St Special Permit Finding §4.06(a) side yard setbacks Zoning Board of Appeals June 5, 2012, Recommended Approval June 13, 2012, Recommended Approval Voted 5-0 Approved June 27, 2012 I. PUBLIC NOTICE (M.G.L. C. 40A, §11) A. Legal Notice 21 Bartlett Street — Special Permit Finding Dorothy A. Pacitto, 21 Bartlett Street, Watertown, MA 02472, herein requests the Zoning Board of Appeals to grant a Special Permit Finding in accordance with §4.06(a), Alts/Additions to Non -Conforming Structure, Side Yard Setback, Zoning Ordinance, so as to allow the enclosure for living space of an existing 16'x14' rear porch, maintaining the non -conforming easterly side yard setback . S-6 (Single Family) Zoning District. Page 1 of 5 21 Bartlett Street June 27, 2012 ZBA-2012-12 SPF Zoning Board of Appeals Decision B. Procedural Summary Petition ZBA-2012-12 SPF was heard at the Planning Board on June 13, 2012 and the Zoning Board of Appeals on June 27, 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 6/8/2012 and 6/15/2012; • Posted at the Town Administration Building and on the Town Website on 5/30/2012; and, • Mailed to Parties in Interest on 5/30/2012. II. DESCRIPTION A. Site Characteristics The subject property is a 5,619 s.f. lot on Bartlett Street containing a single-family cape -style house with a 2nd floor half -story and a rear -facing covered porch measuring approximately 14'x16'. The lot is approximately 65' wide and 85' deep with a one -car wide driveway to a basement garage. The property is nonconforming regarding lot size and side yard setback. B. Surrounding Land Use Located in the S-6 (Single -Family) Zoning District, the property abuts primarily single- family residents and some two-family structures and is on a sloping parcel on Whitney Hill. The Whitney Hill conservation area is a block to the northeast. C. Nature of the Request The Petitioner proposes to enclose the existing rear porch, which measures 16' wide by 14' deep. The footings and the roof of the rear porch will remain unchanged. The proposal requires a Special Permit Finding in accordance with §4.06(a) to alter a structure that is non -conforming as to the easterly side yard setback of 9.52'-9.6', where 10' is required. III. FINDINGS A. 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 proposed alteration to allow the screened porch to be enclosed would not be substantially more detrimental than the existing condition. It would not change the amount of lot coverage Page 2 of 5 21 Bartlett Street June 27, 2012 ZBA-2012-12 SPF Zoning Board of Appeals Decision nor would it alter any nonconforming setbacks on the site. The proposal would not diminish the views from neighboring properties. IV. RECOMMENDATIONS Planning Staff and Planning Board (5-0) recommend conditional approval of the requested Special Permit Finding §4.06(a) as it meets the necessary criteria set forth in the in the Watertown Zoning Ordinance. The Conditions of approval including timeframes for compliance are listed in the table below. V. DECISION The Zoning Board of Appeals met on June 27, 2012 and with five members present, heard the testimony by property owner Dorothy A. Pacitto in her request to enclose her rear porch. Member Ferris inquired and found that the steps to the porch will not be enclosed. Member Elliott motioned to accept the petition for Special Permit Finding relief as it meets the requirements set out in the ordinance with the conditions as stated in the Planning Board Report. Mr. Ferris seconded. Voted 5-0, granted with conditions. VI. CONDITIONS The Petitioner or where relevant, any present or future owner of any interest in the project, shall be responsible for complying with the following conditions. The Conditions of approval including timeframes for compliance are listed in the table below. # Condition I i ` Timeframe for Compliance To be Verified by 1. The Control Plans shall be: Certified Plot Plan prepared for Dorothy and Kimberly Pacitto, 21 Bartlett St, Watertown, MA prepared by Michael Robert Keegan, PLS of J2M Consulting, LLC. dated 5/8/2012 and the plan titled 21 Bartlett St Porch, dated 4/28/2012 also by J2M Consulting with side and rear view 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. CO 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 Page 3 of 5 21 Bartlett Street ZBA-2012-12 SPF June 27, 2012 Zoning Board of Appeals Decision # Condition Timeframe for Compliance To be Verified by 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 except 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. Perpetual ZEO Attest, by the Zoning Board of Appeals: Attest, by the Clerk to the Zoning Board of Appeals: Melissa M. Santucci Rossi, 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 Page 4 of 5 21 Bartlett Street ZBA-2012-12 SPF June 27, 2012 Zoning Board of Appeals Decision ************************************************************************************* 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