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