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Home My Public Portal About74 Lincoln St_PB Report_2012_0810TOWN OF WATERTOWN Department of Community Development and Planning PLANNING BOARD Administration Building 149 Main Street Watertown, MA 02472 Phone: 617-972-6417 Fax: 617-972-6484 www.watertown-ma.gov PLANNING BOARD REPORT Board Members: John B. Hawes, Jr., Chairman Linda Tuttle -Barletta Jeffrey W. Brown Fergal Brennock Neal Corbett On August 8, 2012 with four (4) members of the Planning Board (the Board) present, case # ZBA- 2012-16 SPF, a Special Permit Finding to be heard by the Zoning Board of Appeals on August 22, 2012, was considered. The Board submits the following report, as requested, to aid the Zoning Board of Appeals in deciding the application before it. CASE #: SUBJECT PROPERTY: PARCEL ID#: ZONING DISTRICT: OWNER/PETITIONER: ZONING RELIEF SOUGHT: SPECIAL PERMIT GRANTING AUTHORITY: DATE OF STAFF REPORT: STAFF & PLANNING BOARD RECOMMENDATION: DATE OF PLANNING BOARD MEETING: DATE OF PLANNING BOARD REPORT: DATE OF ZBA MEETING: ZBA-2012-16 SPF 74 Lincoln Street, Watertown, MA 1023 14 5 SC (Single -Family Conversion) Zoning District Daphne Schneider, 74 Lincoln, Watertown, MA Special Permit Finding §4.06(a) rear yard setback Zoning Board of Appeals August 1, 2012 Conditional Approval (vote: 4-0) August 8, 2012 August 10, 2012 Scheduled August 22, 2012 Page 1 of 5 74 Lincoln Street August 10, 2012 ZBA-2012-16 SPF Planning Board Report I. PUBLIC NOTICE (M.G.L. C. 40A, X11) A. Procedural Summary Petition PB-2012-16 SPF was heard by the Planning Board on August 8, 2012 with a vote to recommend approval motioned by Linda Tuttle -Barletta seconded by Jeff Brown (vote 4-0). The case is scheduled to be heard by the Zoning Board of Appeals on August 22, 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 8/3/2012 and 8/10/2012; • Posted at the Town Administration Building and on the Town Website on 7/25/2012; and, • Mailed to Parties in Interest on 7/25/2012. B. Legal Notice "74 Lincoln Street - Special Permit Finding Daphne Schneider 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, Zoning Ordinance, so as to extend existing structure with nonconforming rear setback for garage use. SC (Single Family Conversion) Zoning District." II. DESCRIPTION A. Site Characteristics The subject property is a 4,625 s.f. lot on Dwight Street containing a 2 1/2 story gable -roofed house being renovated as a single-family house on a corner lot. The rear yard is covered with concrete with a small one -car block garage. The house and garage are near the rear of the property, with a substantial setback from Lincoln St. and Spruce St. The property is currently nonconforming regarding lot size (4,625 s.f. where 5,000 s.f. is required), side yard setback (2.1-3.4' where accessory structures require 5'), and rear yard setback (7.1'-8.6' where 20' is required). View of house from Lincoln and Spruce Streets Front of house (garage proposed to be attached to the left side of house) Page 2 of 5 74 Lincoln Street August 10, 2012 ZBA-2012-16 SPF Planning Board Report B. Surrounding Land Use Located in the SC (Single -Family Conversion) Zoning District, the property abuts a mix of primarily one and two family residences. C. Nature of the Request The Petitioner proposes to demolish a single -car detached garage and replace it with a slightly larger but less non -conforming attached garage along the eastern side yard and rear yard. The addition will remove an existing side yard setback encroachment and proposes a 15.9' rear yard setback. The existing house is within the rear yard setback with a varying setback of 7.1'-8.6'. The proposal requires a Special Permit Finding §4.06 (a) to alter a nonconforming structure within the rear yard setback of 20' where 7.1-8.6' exists. III. PUBLIC COMMENTS A neighbor testified that this would be a major improvement and the last car to fit in the old garage was a Ford Falcon from 1964. IV. 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 addition within the rear yard setback would not be substantially more detrimental than the existing condition. The addition does not increase any non -conformity and removes a side yard encroachment. The proposal would not diminish the views from neighboring properties and is an architecturally appropriate addition to the existing house. The site is being landscaped and much of the impermeable concrete is being removed. V. RECOMMENDATIONS Staff and the Planning Board (Linda Tuttle -Barletta motioned, Jeff Brown seconded, vote 4-0) recommends conditional approval of the requested Special Permit Finding §4.06(a) as it meets the necessary criteria set forth in the Watertown Zoning Ordinance. The conditions of approval including timeframes for compliance are listed in the table below. Page 3 of 5 74 Lincoln Street ZBA-2012-16 SPF August 10, 2012 Planning Board Report VI. CONDITIONS # Condition Timeframe for Compliance To be Verified by 1. The Control Plans shall be: Plot Plan in Watertown, MA 74 Lincoln Street prepared by Paul DeSimone, D&A Survey Associates, Inc, July 2, 2012. and the plan set titled Schneider Residence, Option B by Leslie Saul & Associates, Inc.- A4.1 Exterior Elevations, 6/26/12; A0.0 Site Plan, 6/28/12 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 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 7. 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