HomeMy Public PortalAboutPB Report_378-380_School_St SPFTOWN 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 November 14, 2012 with five (5) members of the Planning Board (the Board) present, case #
ZBA-2012-25 SPF, a Special Permit Finding to be heard by the Zoning Board of Appeals on
November 28, 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:
Petitioner:
Zoning Relief Sought:
Granting Authority:
Staff & Planning Board Recommendation:
Planning Board Meeting:
Staff and Planning Board Report:
Zoning Board of Appeals Hearing:
ZBA-2012-25 SPF
378-380 School Street
1158 27 8A
T (Two Family) Zoning District
Harold and Robert Kevorkian
240 Cornwall Av, Chesire, CT 06410
Special Permit Finding §4.06(a) Alteration/Addition to Non-
conforming Structure
Zoning Board of Appeals
Denial & no vote (relief specifically related to landscape
requirements do not fall under SPF)
November 14, 2012
November 2 & 19, 2012
Scheduled: November 28, 2012
Page 1 of 4
378-380 School St November 7, 2012
Petition ZBA-2012-25 SPF Planning Board Report
I. Public Notice (M.G.L. c. 40A, 11)
A. Procedural Summary
Petition ZBA-2012-25 SPF was heard by the Planning Board on November 14, 2012 and is scheduled
to be heard by the Zoning Board of Appeals on November 28, 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 11/9/2012 and 11/16/2012;
• Posted at the Town Administration Building and on the Town Website on 10/31/2012; and,
• Mailed to Parties in Interest on 10/31/2012.
B. Legal Notice
378-380 School Street - Special Permit Finding
Harold Kevorkian and Robert Kevorkian herein request the Zoning Board of Appeals grant a
Special Permit Finding in accordance with §4.06(a), Alts/Additions to Non -Conforming Structure,
Zoning Ordinance, so as to replace two (2) non -conforming front yard parking spaces with four
(4) conforming parking spaces in the rear yard accessed by a new driveway with a non-
conforming 2.1 ' to 3' wide landscape buffer, where 4' is required and 12.1 ' exists. T (Two -
Family) Zoning District.
II. Description
A. Site Characteristics
The subject property is a 6,203 s.f. parcel of land situated on School Street near Belmont Street with a hip
roofed two-family structure built in 1900. The site's current two -car parking area encompasses most of
the front yard and is set into the sloped yard with a substantial retaining wall. Two sets of stairs flank the
parking to provide access to entry doors situated on both sides of the building's front facade. The side
yard has some shrubs and lawn and the rear yard is mostly grass with one tree at the rear lot line.
B. Surrounding Land Use
The site is located on a residential street with mostly two-family dwellings and is located 500'from
Belmont Street where there is a mix of residential and commercial uses. School Street is frequently
travelled and there are a number of properties with parking located in the front yard.
Page 2 of 4
378-380 School St
Petition ZBA-2012-25 SPF
Top left: view of existing front yard
Top right: view of side yard where driveway
would be, looking toward street
Bottom right: view of rear yard where parking
area would be located
November 7, 2012
Planning Board Report
C. Nature of the Request
The Petitioner has requested a Special Permit Finding' to allow for the construction of an 8.5' driveway
in the southerly side yard located a varying distance of approximately 2.5' to 3' from the side lot line
where a 4'landscaped buffer is required. The proposed driveway would lead to the rear yard where four
new conforming parking spaces constructed of pervious pavers would be located. The existing
nonconforming front yard parking would be removed and replaced with new landscaping.
The Petitioner's request for a Special Permit Finding to create a new nonconforming landscape buffer of
approximately 2.5' to 3' where 4' is based on the Petitioner's argument that the current use is non-
conforming. The opinion of the Town Attorney is that the nonconformities of the two family
structure/use do not extend a nonconforming status to the site in order to create a new nonconformity with
a Special Permit Finding.
The two-family structure is non -conforming in regards to: insufficient number of parking spaces (two
spaces where four is required); parking located within the front yard , which it is not allowed; and, the
northerly side yard setback of 6.8' where 10' is required. The southerly side yard is conforming at 12.1'
1 The Petitioner applied for both a Variance (ZBA-2012-27 VAR) and a Special Permit Finding (ZBA-2012-25 SPF)
for the same scope of work as there is disagreement over what approval is required. Staff contends that a Variance
is the required relief for the proposal.
Page 3 of 4
378-380 School St November 7, 2012
Petition ZBA-2012-25 SPF Planning Board Report
where 12' is required on the side yard where a driveway is located and therefore the Petitioner must
obtain a Variance in order to apply for a driveway permit as the driveway would not meet the
requirements of the Zoning Ordinance.
III. PUBLIC COMMENT
No written comments were received at the time this report was written.
IV. FINDINGS
A. Plan Consistency
Existing long range plans do not specifically address one and two-family uses however the Zoning
Ordinance requires setbacks as suggested by the Towns planning efforts to preserve the character of
Watertown's neighborhoods.
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."
Staff has reviewed the application and finds that the request for a Special Permit Finding is not the
required relief for the proposal, as the proposal would create a new non -conformity for the site that is not
directly connected to the nonconforming two-family structure, but rather is tied to a request for a new
driveway in a conforming side yard that will require relief to access a conforming rear yard parking area.
Typically, the process for obtaining this relief is to submit a plan to the Zoning Enforcement Officer who
reviews it for compliance with the Zoning Ordinance. In this case, the project was reviewed and does not
comply with the Ordinance in regards to§5.05(e) driveway side buffer zone or §6.02(j) driveway side
yard setback, with a landscape buffer of 2.5'-3.6' where 4' is required and therefore, a variance is
required.
The Planning Board finds that the request will require a Variance.
V. STAFF AND PLANNING BOARD RECOMMENDATIONS
Staff finds that the petition for Special Permit Finding is not the required relief for the proposal and
should be DENIED. Further, the Planning Board made no vote for the request for a Special Permit
Finding but did vote to recommend approval of the Variance for the specified relief.
Page 4 of 4