DOCKET NUMBER 3143
THE APPLICATION FOR SPECIAL
PERMIT OF KATHLEEN J. PETERSON ,
33 LOMBARD ROAD,
ARLINGTON, MASSACHUSETTS
APPLICATION FOR SPECIAL PERMIT
Hearing: February 13, 2001
Decision: February 13, 2001
OPINION OF THE BOARD
Members Present:
Mary Winstanley O’Connor, Esquire
Joseph Tulimieri
Patrick D. Dignan
OPINION OF THE BOARD
The Applicant appealed the Decision of the Inspector of Buildings who refused to issue her a building permit to construct additional living space as well as a basement at her home located at 33 Lombard Road, Arlington.
The construction would require a Special Permit from Section 6.08 of the Zoning Bylaw, i.e., a large addition in a residential district because the construction would increase the size of the building above 750 square feet.
Statutory notice was given and a hearing was held at 112 Mystic Street, Arlington, on Tuesday evening, February 13, 2001.
Appearing in behalf of the Applicant at the hearing was Attorney Robert J. Annese as well as the Applicant’s architect, Steven Hart. In addition, the Applicant, Kathleen J. Peterson was present at the hearing.
A Memorandum of Fact and Law was submitted to the Board by Attorney Annese and Ms. Peterson’s construction plans were also submitted to the Zoning Board having previously been filed with the Board with those plans having been prepared by Hart Associates, Inc., 50 Church Street, Belmont, Massachusetts 02478, said plans consisting of pages A1 through A4.
In addition, a Memorandum was submitted to the Zoning Board of Appeals from Alan McClennen, Jr., Secretary Ex-officio of the Planning Department/Redevelopment Board for the Town of Arlington. Said Memorandum addressed the application of Ms. Peterson for Special Permit.
Mr. Annese submitted a number of letters from abutters of the Applicant as well as individuals owning homes in the neighborhood of the Applicant’s real estate in support of her application for Special Permit.
Appearing in opposition to the application were Andrew S. Fischer and Ms. L. Strayhorn, owners of abutting real estate located at 25 Lombard Road, Arlington.
FINDINGS OF FACT AND DECISION OF THE BOARD
The Applicant, Kathleen J. Peterson acquired title to the 33 Lombard Road real estate premises by deed dated October 30 of 1997.
The real estate contains a single family residential structure and the lot upon which the structure is located contains 8,141 square feet.
Ms. Peterson previously received a building permit to remodel basement space, to construct a basement crawl space and to construct a kitchen and mud room addition as well as the construction of dormers on the second floor of the existing structure. That building permit was issued by the Town on January 18 of 2001.
The construction plans of Applicant which relate to the issuance of the building permit by the Town of Arlington do not involve construction in excess of 750 square feet and, therefore, no Special Permit was required in order for the Building Inspectors’ Office to issue a Building Permit to the Applicant with regard to those construction plans.
The construction plans which are the subject of this application for Special Permit will result in an increase of 573 square feet with respect to the Applicant’s structure.
The zone in which the Applicant’s property is located is an R1 zone as defined within the Arlington Zoning Bylaw.
The existing building is non-conforming by virtue of inadequate front and right side yards.
The reason for the present application for Special Permit is premised upon the fact that Ms. Peterson now proposes a second addition to her home which would be constructed within two years of the issuance of the aforementioned existing building permit. Because the two additions total more than 750 square feet in area a Special Permit is required in accordance with the provisions of Section 6.08 of the Zoning Bylaw.
As mentioned previously, the Board has received a Memorandum from Alan McClennen, Jr., Secretary Ex-officio of the Planning Board/Redevelopment Board for the Town of Arlington, the substance of which indicates that the Applicant’s lot is large in comparison with other lots in the neighborhood of her property and her zoning district and her existing house is small compared to others in that neighborhood and that zoning district.
The Memorandum of Mr. McClennen’s office also suggests to the Zoning Board that the design of the proposed addition as shown on Applicant’s plans compliment and enhance the existing structure and will likely add value to the neighborhood in which the 33 Lombard Road property is located.
The Memorandum goes on to suggest to the Board that the Board could find that the resulting structure, following construction as called for by the terms of Applicant’s plans, will be in harmony with other structures and uses in the neighborhood in which Applicant’s home is located.
The allowable lot coverage for the R1 zone in which Applicant’s property is located is 35 per cent. Applicant’s existing house covers 1,933 square feet or 23.7 per cent of the 8,141 square foot lot and once construction has been completed the house as constructed will still only cover 1,964 square feet, i.e., 24.1 per cent of the lot.
Essentially, the thrust of the Special Permit application seeks permission to construct a living room above the basement on the left side of the structure and to construct a basement which is not a crawl space basement underneath of the back portion of the structure.
The Applicant’s remaining construction plans are covered by and permitted by virtue of issuance of the Building Permit by the Building Inspector for the Town of Arlington, i.e., Building Permit number 0802 mentioned previously.
With respect to the requirements for obtaining a Special Permit as contained within Section 10.11 of the Zoning Bylaw, the Board finds as follows:
1. The use requested is listed in the Table of Use Regulations as a Special Permit in the district for which application is made.
2. The requested use is essential or desirable to the public convenience or welfare. (As the Memorandum of Mr. McClennen’s office indicates, the Applicant’s construction plans will likely enhance property values in the neighborhood of the Applicant’s property.)
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 in 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 in 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 health, morals or welfare. (Once again, see Memorandum of Mr. McClennen’s office.)
7. The requested use will not by its addition to the neighborhood cause an excess of that particular use that could be detrimental to the character of said neighborhood.
Following the Hearing, the Board voted unanimously to grant Applicant’s Application for Special Permit with construction to occur in accordance with the plans of Hart Associates, Inc. mentioned previously and which are incorporated by reference into this Decision.
The Board hereby makes a detailed record of all its proceedings relative to this appeal; sets forth the reasons for its decisions and findings; direct that this record be filed in the Town Clerk and shall be a public record; and that notice of this decision be made forthwith to each party in interest.
Appeals of this decision, if any, shall be made pursuant to Section 17 of the Zoning Act (Massachusetts General Laws, Chapter 40A), shall be filed within twenty days after the date of filing of such decision in the office of the Town Clerk.
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