ZONING BOARD OF APPEALS
ARLINGTON, MASSACHUSEUS
IN THE MATTER OF
IOANNIS HRONAS AND
ANGELAS HRONAS - DOCKET NO. 3140
54 MARATHON STREET
ARLINGTON, MASSACHUSETTS
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APPLICANTS
APPLICATION FOR SPECIAL PERMIT
Hearing: Tuesday, January 9, 2001
Decision: Jan. 31, 2001
Members Present:
Mary Winstanley O’Connor,
Joseph Tulimieri,
Patrick D. Dignan
OPINION OF THE BOARD
The Applicants, Ioannis Hronas and Angela Hronas, appealed the decision of the Inspector of Buildings, who refused to issue them a permit to park a commercial vehicle in the driveway of their two-family house located at 54 Marathon Street, Arlington.
Open air keeping of a commercial vehicle is only allowed by Special Permit (SECT. 5 Use 8. 12b.
The application itself indicates that two commercial vans are to be parked on the property, one in the driveway and one enclosed within an existing two car garage.
Statutory notice was given and the hearing was held at Arlington Town Hall on Tuesday, January 9, 2001. Appearing in behalf of the Applicants was Attorney Robert J. Annese, along with Mrs. Hronas.
A memo was received from Alan McClennen Jr., secretary Ex Officio of the Planning Department for the Town of Arlington, said memo dated January 5 of 2001 and in addition, Applicants submitted a plot plan drawn by Lanata & Associates, Inc., dated November 15, 2000 in connection with their application.
FINDINGS OF FACT AND DECISION OF THE BOARD
Mr. and Mrs. Hronas are husband and wife and have owned their two family residential structure at 54 Marathon Street since 1989.
Mr. Hronas operates a painting business identified as John’s Painting Company and the business is a sole proprietorship.
The business operation is a one-man operation and Mr. Hronas hires individuals as he is able to obtain painting jobs.
There is a two-car garage at the property.
Mr. and Mrs. Hronas reside on the first floor of the two-family house with their two children, ages 11 and 7 and they rent out the second floor.
Mr. Hronas’s business operation hours are from 7:00 a.m. until 5:00 p.m., Monday through Friday.
The 54 Marathon Street lot contains 5,500 square feet and has 55 feet of frontage on Marathon Street and 100 feet of side yard on Waldo Road as shown on the plot plan drawn by Lanata & Associates, Inc.
The two-car garage is located to the rear of the two-family structure, i.e., on the Waldo Road side of the structure.
The garage is located approximately 30 feet from the Waldo Road sidewalk and the driveway leading to the garage was paved by Mr. and Mrs. Hronas shortly after they purchased their house in 1989 within the limits of the pre-existing non-paved driveway.
Section 8.12 of the Zoning Bylaw provides that legal parking spaces must be 18Y2 feet long.
The driveway has a width of approximately 29 feet.
Section 2.01 of the Zoning Bylaw presently provides that driveways can be no more than 20 feet wide.
Petitioners’ seek to keep two commercial vans at their property, one to be located within one-half of the two-car garage and the other in the driveway at the structure.
The remaining garage and driveway space would be used by the second floor tenant for parking of their non-commercial motor vehicles.
According to the report submitted to the Zoning Board by Alan McClennen, Jr., Secretary Ex-officio of the Planning Department, the property has four legal spaces, i.e., two garage spaces and two driveway spaces.
The evidence presented by Applicants at the time of the Zoning Hearing demonstrates the following:
1. The use requested is listed in the Table of Use Regulations as a Special Permit in the District for which application is made or is so designated elsewhere in the Zoning Bylaw.
2. The requested use is essential or desirable to the public convenience or welfare.
3. The requested use will not create undue traffic congestion or unduly impair pedestrian safety.
4. The requested use will not overload any public water, drainage or sewer system or any other municipal system to such an extent that the requested use or any developed use in the immediate area or any other area of the Town will be unduly subjected to hazards affecting health, safety or the general welfare.
5. Any special regulations for the use, set forth on Article 11, are fulfilled.
6. The requested use will not impair the integrity or character of the district or adjoining districts nor be detrimental to the health, morals or welfare use that could be detrimental to the character of said neighborhood.
The Board voted unanimously to grant Applicants request for a Special Permit upon the following terms and conditions:
1. Applicants are allowed to park one commercial vehicle in the driveway of their two-family home and the other commercial vehicle must be located within the two car garage of their home.
2. Applicants must also make every reasonable effort to park the commercial vehicle which is to be located in their driveway within the twenty (20 foot wide driveway width allowed by Section 2.01 of the Zoning Bylaw.
3. Any outside equipment used by Applicants in conjunction with the painting business identified as “John’s Painting Company” must at all times be located under cover, i.e., either within the two car garage, within the house or some other inside location and not in the driveway or exterior portion of the 54 Marathon Street premises.
4. The commercial vehicle which is to be parked in the driveway shall not block the public sidewalk abutting the 54 Marathon Street premises.
The Board hereby makes a detailed record of all its proceedings relative to this appeal; sets forth the reasons for its decision and findings; directs that this record be filed in the public office of the Redevelopment Board and in the office of the Town Clerk and shall be a public record; and that notice of this decision be made forthwith to each party in interest.
Appeals from this decision, if any, shall be made pursuant to Section 17 of the Zoning Act (Massachusetts General Laws, Chapter 40A, and shall be filed within twenty days after the date of filing of such decision in the office of the Town Clerk.
Signed by the members of the board
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