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HomeMy Public PortalAboutPB Report_65_Oakley_Rd_VAR_201303221046594942TOWN 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 March 13, 2013 with four (4) members of the Planning Board (the Board) present, case # ZBA-2013-06 VAR, a Variance to be heard by the Zoning Board of Appeals on March 27, 2013, was considered. The Board submits the following report, as requested, to aid the Zoning Board of Appeals in deciding the application before it. Case #: ZBA-2013-06 VAR Subject Property: 65 Oakley Road Parcel ID #: 1124 12 59 Zoning District: S-10 (Single Family) Zoning District Petitioner: Dean and Elena Poillucci 3 Oakley RD. Watertown, MA 02472 Variance- §5.04 Table of Dimensional Regulations, Front and Side Yard Setbacks Zoning Relief Sought: Granting Authority: Zoning Board of Appeals Staff Report: Planning Board Meeting: Date of Planning Board Report: Zoning Board of Appeals Hearing: March 6, 2013 recommending conditional approval March 13, 2013 (4-0) recommending conditional approval March 20, 2013 Scheduled: March 27, 2013 Page 1 of 6 65 Oakley Road March 20, 2013 Petition ZBA-2013-06 VAR Planning Board Report I. Public Notice (M.G.L. c. 40A, §11) A. Procedural Summary Petition ZBA-2013-06 VAR was be heard by the Planning Board on March 13, 2013 and is scheduled to be heard by the Zoning Board of Appeals on March 27, 2013. 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) on 3/8/2013 and 3/16/2012; • Posted at the Town Administration Building and on the Town Website on 02/27/2013; and, • Mailed to Parties in Interest on 02/27/2013. B. Legal Notice "Dean & Elena Poillucci, 3 Oakley Road, Watertown, MA 02472, request the Zoning Board of Appeals grant Variances in accordance with Watertown Zoning Ordinance §5.04, Table of Dimensional Regulations, Setbacks, so as to raze existing non -conforming single-family structure to construct a new single-family structure using the existing foundation with non -conforming 6.5' side yard setbacks and constructing an addition with a front setback 14.3' where 25' is required. S-10 (Single -Family) Zoning District. ZBA-2013-06" Top left: View of existing house from Oakley Rd Top right: View from ROW by country club fence Bottom right: View of side yard and steep slope in rear yard Page 2 of 6 65 Oakley Road March 20, 2013 Petition ZBA-2013-06 VAR Planning Board Report II. Description A. Site Characteristics The subject property is a 5,013 s.f. parcel of land situated on Oakley Road adjacent to the Oakley Country Club. Currently, the site has a single-family structure built in 1959. The site is an unusual pie -shape lot with a substantial slope along the northern side of the property. Oakley Road ends at the driveway to the house but the grass covered right-of-way (ROW) continues along the full frontage of the site and terminates at the Oakley Country Club access gate. The site has parking for two vehicles in front of an existing one vehicle garage within the basement. The house is situated 6.5' from the side yard to the south and 13.5' from the north and is currently 23.4' from the front lot line. The rear yard terminates at a point in the rear. B. Surrounding Land Use The site is located on a residential street of primarily single-family dwellings with a mix of architectural styles. The development to the south of this block is primarily two-family in nature and Mt Auburn Street is approximately two -blocks to the south. Oakley Road ends at the property with a grassed access into the Oakley Country Club. C. Nature of the Request The Petitioner has requested a Variance to construct a single-family house with a 6.5' side yard where 15' is required and a 14.3' front yard where 25' is required on a 5,013 s.f. parcel. The project proposes to demolish an existing single-family house, largely retaining the foundation. The new structure would use the existing non -conforming (6.5' side yard and 23.4' front setbacks) foundation while raising the foundation elevation, and would increase the footprint within the front yard setback. The front yard setback would be decreased from 23.4' to 14.3'. III. PUBLIC COMMENT No 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, zoning setbacks were established to preserve the character of Watertown's neighborhoods. A. Variance in accordance with §5.04 Front and Side Yard Setbacks in the S -10 -zone In order to grant a Variance, the Zoning Board of Appeals must find that the proposal meets all of the conditions for approval of a variance as outlined in §9.14 of the WZO and Chapter 40A, Section 10 of the General Laws of Massachusetts. Those criteria are listed below with a finding on whether each criterion is met: 1. The variance is sought because of circumstances relating to the soil conditions, shape, or topography of such land or structures, and especially affecting such land or structures but not affecting the zoning district in which it is located. Page 3 of 6 65 Oakley Road March 20, 2013 Petition ZBA-2013-06 VAR Planning Board Report Met: The site is unique in that it is situated on a triangular shaped undersized lot recorded in 1925 with a substantial grade along the northern side yard. The shape of the lot creates an area for a building envelope that is irregularly shaped and requires multiple jogs on the sidewalls to comply with the required setbacks. The petitioner proposes to retain the existing foundation walls due to the grading and solidity, which is situated 6.5' from the side yard. 2. Literal enforcement of the Zoning Ordinance would involve substantial hardship, financial or other, to the appellant. Met: The house has a relatively small square footage and with original features in need of substantial renovation. The exterior envelope is currently under -insulated and the petitioner wants an energy efficient remodel that complies with Stretch Code requirements. The house was built with 2x4 construction, which would make insulating with higher R values difficult. Current code would also require wider and less steep stairs if they are being relocated. The rear yard slopes up toward the Country Club, which causes some water drainage issues within the current building, which make excavation, drainage improvments, and potential increased height of the basement foundation necessary. Building within the allowed area of the lot would create an irregular shaped structure with many additional costs to accommodate either angled walls or stepped walls. 3. Desirable relief may be granted without substantial detriment to the public good. Met: This lot is undersized for the district and is unusual in its location adjacent to Oakley Country Club. The lot also has a curved front lot line and is triangular shaped. Because of these unique features and the architecturally appropriate design of the proposed structure, this proposal would improve the streetscape and would include an additional tree to buffer the existing driveway in the front yard. 4. Desirable relief may be granted without nullifying or substantially derogating from the intent of the Zoning Ordinance. Met: This project does not nullify or derogate from the Zoning Ordinance. The proposed structure is architecturally appropriate, minimizes impervious surfaces on site, meets requirements for building coverage and building height. The house has the appearance of lining up with the building lines of other houses on the block because the street has a convex curve and it dead -ends at the driveway to the site. V. STAFF RECOMMENDATIONS Staff finds that the petition meets the criteria set forth under §9.14 (b) and with the general purpose of the Ordinance outlined in § 1.00 of the WZO. Staff recommends conditional approval of the requested Variance. VI. CONDITIONS # Condition Timeframe for Compliance To be Verified by 1. Control Plans. The Control Plans shall be the packet dated 2/12/2013 BP, Perpetual ZEO/ISD pages 1-11 with: Plot Plan, 65 Oakley Road, dated 2/11/2013 updated 2/27/2013 prepared by John McEachern of Bowditch & Crandall, Inc.; Pages 2-11 by Construction Design Services with Front, Right, Left, and Rear Elevations, Foundation & Basement Plan, 1st -3rd Floor Plans, Page 4 of 6 65 Oakley Road Petition ZBA-2013-06 VAR March 20, 2013 Planning Board Report # 1 Condition Timeframe for Compliance To be Verified by Roof Plan, and Landscape Plan 2' Plan Modifications. 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. Recordation. 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. Codes/Regulations Compliance. The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. Perpetual ZEO/ISD 5. As Built(s). The Petitioner shall submit a certified "as -built" foundation plot plan showing all dimensional setbacks at the time of foundation inspection. BP ZEO/ ISD 6' Certificate of Occupancy/Final Inspection. 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 ro'ect. CO ZEO 7. Permit Expiration. In accordance with WZO §9.16, if the rights authorized by a variance are not exercised within one (1) year of the date of grant of such variance they shall lapse and may not be re- established except after notice and a new hearing, or as allowed by applicable State or Federal Law. 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