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HomeMy Public PortalAboutDecision_11 Dwight St__SPFTOWN 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 July 25, 2012 with four (4) members of the Zoning Board of Appeals (ZBA, the Board) present (Member Heep, Absent), case number ZBA-2012-13 SPF, a Special Permit Finding, was considered. CASE #: ZBA-2012-13 SPF SUBJECT PROPERTY: 11 Dwight Street, Watertown, MA PARCEL ID#: 523 10 213 ZONING DISTRICT: T (Two -Family) Zoning District OWNER: Peter Coleman, 11 Dwight St, Watertown, MA PETITIONER/AGENT: Steven Petitpas, Architect ZONING RELIEF SOUGHT: Special Permit Finding §4.06(a) Side Yard Setbacks SPECIAL PERMIT GRANTING AUTHORITY: Zoning Board of Appeals STAFF REPORT: July 5, 2012 - Recommended Approval PLANNING BOARD REPORT July 11, 2012 — Recommended Approval ZONING BOARD OF APPEALS July 25, 2012 - Conditional Approval Page 1 of 5 11 Dwight Street July 25, 2012 ZBA-2012-13 SPF Zoning Board of Appeals Decision I. PUBLIC NOTICE (M.G.L. C. 40A, 11) A. Procedural Summary Petition ZBA-2012-13 SPF was heard by the Zoning Board of Appeals on July 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 7/6/2012 and 7/13/2012; • Posted at the Town Administration Building and on the Town Website on 6/27/2012; and, • Mailed to Parties in Interest on 6/27/2012. B. Legal Notice 11 Dwight Street — Special Permit Finding Steven Petitpas, Architect, for owner, Peter Coleman, 11 Dwight 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 Structures, Side Yard Setbacks, Zoning Ordinance, so as to construct a 2nd floor addition and 3rd floor dormers on both sides maintaining the non -conforming side yard setbacks at 11 Dwight Street. T (Two -Family) Zoning District." IL DESCRIPTION A. Site Characteristics The subject property is a 2,788 square foot lot on Dwight Street containing a single-family, 2 -story (plus attic) gable -roofed house with a 2 -level covered porch/entrance. The rear yard is fenced and parking for one car is located to the side of the front entrance. The lot varies from approximately 27-29' wide and is 100' deep. The property is nonconforming regarding lot size (2,797 s.f. where 5,000 s.f. is required), front yard setback (11.3' where 15' is required), parking (1 space where 2 is required), and side yard setback (1.3' and 6.7' where 10' and 12' are required). B. Surrounding Land Use Located in the T (Two -Family) Zoning District, the property abuts a mix of one and two family residences with some industrial and commercial sites along the rail corridor to the northeast. The parcel is situated one parcel away from the Waltham line. Belmont's Waverly Square is a few blocks to the north. C. Nature of the Request The Petitioner proposes to build a second floor on top of an existing single story shed addition at the rear of the house, as well as add two dormers to the existing unfinished attic to create a half -story of additional living space. The dormers will accommodate spiral stairs on the east side and egress windows for two -bedrooms on the west side of the house. The additions will all be within the footprint of the existing structure. The proposal requires a Special Permit Finding §4.06 (a) to alter a nonconforming structure within the side yard setback of 1.3' and 6.7' where 10' and 12' are required. Page 2 of 5 11 Dwight Street July 25, 2012 ZBA-2012-13 SPF Zoning Board of Appeals Decision III. FINDINGS A. Plan Consistency Existing plans do not specifically address development within Watertown's residential neighborhoods. Single-family use in residential neighborhoods is generally in keeping with the vision and strategies of relevant plans. 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 proposed alteration to allow a second floor addition and two dormers would not be substantially more detrimental than the existing condition. The amount of lot coverage does not change and there is no increase in the existing nonconforming setbacks on the site. The proposal would not diminish the views from neighboring properties and the addition is in keeping with the existing house and other residential structures within the community. IV. RECOMMENDATIONS Planning Staff and the Planning Board recommended approval of the requested Special Permit Finding. V. ZONING BOARD OF APPEALS At their meeting on July 25, 2012, the Zoning Board of Appeals heard testimony by the petitioner's architect, Steven Petipas in which was stated the reason for the additional space is a five -member family. The dormers and the 2nd floor addition are designed to meet the requirements (of the ordinance). Dorothy Singer, 15 Dwight Street stated that her home has two dormers, as well. She trusts the petitioner but wants to be certain they take care not to cause damage to her garden or driveway. Member Elliott motioned to approve the request for Special Permit Finding §4.06(a) as it meets the necessary criteria set forth in the Watertown Zoning Ordinance with the conditions as stated in the Planning Board Report. Member Ferris seconded. Voted 4-0, granted. The Conditions of approval including timeframes for compliance are listed in the table below. Page 3 of 5 11 Dwight Street ZBA-2012-13 SPF July 25, 2012 Zoning Board of Appeals Decision VI. CONDITIONS # 1 Condition 1 1 Timeframe for Compliance To be Verified by 1 The Control Plans shall be: Addition Plan, No 11 Dwight St. Watertown, MA prepared by Michael Antonio, May 8, 2010. and the plan set titled Coleman Residence, 11 Dwight Street by Aesthetic Images, Architects, Planners- Title Sheet; Al Floor BP, Perpetual ZEO/ISD Plans; A2 Exterior Elevations all dated 6/3/2012 with EX1 and EX2 — Existing Floor Plans dated 10/9/2011 and 10/10/2011 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 the 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 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 Petition # ZBA-2012-13 is APPROVED by a 4-0 of the Zoning Board of Appeals. Attest, by the Zoning Board of Appeals: Attest, by the Clerk to the Zoning Board of Appeals: Page 4 of 5 Melissa M. Santucci Rossi, Chair Deborah Elliott, Clerk David Ferris, Member Suneeth P. John, Member (Absent) Christopher H. Heep, Alternate Louise A. Civetti Clerk to the Zoning Board of Appeals 11 Dwight Street July 25, 2012 ZBA-2012-13 SPF Zoning Board of Appeals Decision xxxxxxxxxxxxxxxxxx***xxxxxxxxxxxxxxxxxx***xxxxxxxxxxxxxxxxxx********************* 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