44 Piermont Street. S-6 (Single-Family) Zoning District Brian & Sabrina McDermott
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1 Board Members: John B. Hawes, Jr., Chairman Jeffrey W. Brown Fergal Brennock Janet Buck Gary Shaw PLANNING BOARD REPORT On January 11, 2017 with five (5) members of the Planning Board (Board) present, case number ZBA , a Special Permit Finding, was considered. This case is to be heard by the Zoning Board of Appeals (ZBA) on January 25, The Board submits the following Report, as requested by the ZBA, to aid the ZBA in deciding on the application before it. CASE #: SUBJECT PROPERTY: ZBA (SPF) 44 Piermont Street PARCEL ID#: ZONING DISTRICT: PETITIONER/OWNER: ZONING RELIEF SOUGHT: SPECIAL PERMIT GRANTING AUTHORITY: S-6 (Single-Family) Zoning District Brian & Sabrina McDermott Special Permit Finding 4.06(a): Alterations to Non- Conforming Structures Zoning Board of Appeals DATE OF STAFF REPORT: January 4, 2017 PLANNING BOARD & STAFF RECOMMENDATION: (5-0) Conditional Approval DATE OF PLANNING BOARD MEETING: Held January 11, 2017 DATE OF ZBA HEARING: Scheduled January 25, 2017
2 I. PUBLIC NOTICE (M.G.L. C. 40A, 11) A. Procedural Summary Petition went before the Planning Board on January 11, 2017 and is scheduled to go before the Zoning Board of Appeals on January 25, 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 January 6, 2017 and January 13, 2017 Posted at the Town Administration Building on December 28, 2016 Mailed to Parties in Interest on December 28, 2016 B. Legal Notice Brian McDermott, 44 Piermont Street, Watertown, MA 02472, herein requests the Zoning Board of Appeals grant a Special Permit Finding in accordance with Watertown Zoning Ordinance 4.06(a), Alterations to Non-conforming Structures, so as to construct a second story addition with attic, maintaining the non-conforming front yard setback at 21, where 25 is required. S-6 (Single Family) Zoning District. ZBA Subject Property from Piermont Street Side of the House from Grant Street Shows Parking View of the House to the North Nearest Neighbor View of the Neighborhood Page 2 of 5
3 II. DESCRIPTION A. Site Characteristics The subject property is a 5,314 +/- square foot parcel (0.122 acre) on Piermont Street containing a 1-1/2 story Cape style house, built in 1948 (Assessor s records). A small addition was added to the North side at some point in the past, and a rear shed dormer was added to the house in The lot is nonconforming in size (6,000 square feet is required) and its frontage. The structure is non-conforming for front yard setback, and the North side yard setback. Although not shown on the Mortgage Plan, the property has a driveway on the Grant Street side (See Site Photos, above). B. Surrounding Land Use Located in the S-6 (Single Family) Zoning District, the property abuts a mix of one and two story singlefamily residences. Piermont Street ends at Belmont Street, with Saint Patrick s Cemetery just beyond, one block to the East. The Town Boundary with Waltham is four blocks to the North. C. Nature of the Request The project requires a Special Permit Finding from the Zoning Board of Appeals to build a full second story with an attic on the existing single-family house. The house as it now sits on the lot has two nonconforming setbacks. However, the proposed second story and attic will be built upon the main body of the house, not including the North side addition, and will conform to all the District-required setbacks with one exception. If constructed as proposed, the finished project will maintain the existing nonconforming 21-foot front yard setback from Piermont Street, where 25 feet is required. D. Public Comments No written testimony has been received at the time of this report. One abutter commented at the Planning Board meeting that they supported the addition and that the house with the addition would be similar to many houses surrounding it. E. Relevant Permitting History According to Town records, 44 Piermont Street has the following relevant permitting history: 1920: The two lots that make up the subject parcel appear on the Assessor s records 1948: Building Permit granted for construction of a 32 foot by 24 foot single story house 1965: Building Permit granted for a 28 foot shed dormer on the rear 1998: Building Permit granted to install vinyl siding on the entire house As noted above, an addition was added to the North side of the house at some time in the past, although there is no permit for it in the Town s records. Even so, the Planning Board recommends neither this nor any of the previous permits materially affect this request for approval. III. FINDINGS A. Plan Consistency Watertown s 2015 Comprehensive Plan discusses preservation of the Town s neighborhoods, and the ability to enlarge the house while maintaining its general character is in keeping with the character of the surrounding neighborhood. Page 3 of 5
4 B. Special Permit Finding 4.06(a) In accordance with Section 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. Conditionally Met: The proposed expansion will conform to the required rear and side yard setbacks, and maintain the existing non-conforming front yard setback of 21 feet. The Petitioner also submitted calculations to show that the proposed attic space is a conforming half story. The new massing will be in keeping with the massing of abutting homes, and the neighborhood. The roof shape is consistent with that of a Cape-style house, with a dormer on the front elevation that mimics the updated front entry. The fenestration has also been made more regular. The proposed project will create an additional bedroom, increasing the number from two to three, however, the site has an existing paved driveway in the Grant Street side yard that can accommodate at least three cars parked side by side, which conforms to the Watertown Zoning Ordinance (WZO) at 6.01(b). The proposal also does not involve changes to the site s impervious coverage, open space percentage, or the basement, which is entirely below ground. Finally, the largest massing will be on the North side, closest to a two-story house, and will nevertheless be in scale with that abutter (See Sheet A4 and Site Photos). For these reasons, the Planning Board recommends the project will not be substantially more detrimental than the existing non-conforming condition. The existing chimney shown on Sheet A2, Existing Elevations, will be removed. The location of the chimney raceway can be discerned by comparing drawings 1, 2, and 3 on Sheet A1, Existing and Proposed Plans, and Attic Area Calcs, with drawings 4 and 5. The raceway is the enclosed box at the front, right of the existing first floor bathroom plan, and is indicated with the note patch floor to match existing on the proposed second floor bathroom plan. IV. PLANNING BOARD & STAFF RECOMMENDATIONS The Planning Board (5-0) and DCDP staff recommend conditional approval of the requested second story with attic addition as a Special Permit Finding under 4.06(a) as it meets the criteria set forth in the Watertown Zoning Ordinance. V. CONDITIONS # Condition 1. Control Plans. The Control Plans shall be: A. Existing, Mortgage Inspection Plan, by Boston Survey, Inc., draw and signed by George C. Collins, Professional Land Surveyor, dated 8/22/16 B. Proposed, Mortgage Inspection Plan, by Boston Survey, Inc., draw and signed by George C. Collins, Professional Land Surveyor, dated 8/22/16 C. Sheet A1, Existing and Proposed Plans, and Attic Area Calcs, by Dana Vaiciulionis, AIA, South Weymouth, dated 12/6/16 D. Sheet A2, Existing Elevations, by Dana Vaiciulionis, AIA, South Weymouth, dated 12/6/16 E. Sheet A3, Proposed Elevations, by Dana Vaiciulionis, AIA, South Weymouth, dated 12/6/16 Page 4 of 5 Timeframe for Compliance To be Verified by
5 # Condition F. Sheet A4, Proposed Street Elevations, by Dana Vaiciulionis, AIA, South Weymouth, dated 12/6/16 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 the DCDP Director if found to be consistent with the original project. 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. Codes/Regulations Compliance. The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. Permit Expiration. In accordance with WZO 9.13, a Special Permit granted under 9.04 shall lapse one (1) 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. Timeframe for Compliance Building Permit To be Verified by ZEO ZEO Page 5 of 5
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