COMMONWEALTH OF MASSACHUSETTS
ZONING BOARD OF APPEALS
ARLINGTON, MASSACHUSETTS
MIDDLESEX, SS.
IN THE MATTER OF
106 GEORGE STREET
ARLINGTON, MA
ANN BRADY and DOCKET NO. 3158
DAVID BRADY
Petitioner.
APPLICATION FOR SPECIAL PERMIT
HEARING DATE: JUNE 26, 2001
DECISION DATE: JULY 16, 2001
DECISION OF THE BOARD
MEMBERS PRESENT:
Joseph F. Tulimieri, Chair
Susan McShane, Esquire
Stephen Reynolds
STATEMENT OF THE PROCEEI)INGS
The Petitioner appealed the decision of the Inspector of Buildings who refused to issue a building permit to construct additional living space consisting of a two-story addition to the rear of the premises located at 106 George Street, Arlington, Massachusetts. A Special Permit is required under Section 6.08 — Large Additions in Residential Districts of the Zoning Bylaw for the Town of Arlington. Petitioner’s property is located in an R-1 zoning district.
Statutory notice was given and a public hearing was held on June 26, 2001.
Appearing in behalf of the Petitioner at the hearing was Ms. Caroline Kinsbome together with Ms. Ann Brady.
No one appeared in opposition to the application for Special Permit.
Submissions were presented For Board Consideration, as follows:
1. Application for Special Permit by Petitioner executed by Petitioner.
2. Memorandum, dated June 1, 2001, for Alan McClennen, Jr., Secretary, Ex-officio of the Arlington Redevelopment Board (ARB).
3. Plot Plan of Land, dated May 14, 2001, prepared by Angelo B. Veneziano,
4. Building Plan, dated February 9, 2001, June 28, 1999, and July 19, 1999 as revised by Plans (A-1, A-2, A-3 and A-4), all dated June 28, 1999.
5. Memorandum, dated June 27, 2001, from Petitioner providing written responses to the ARB’s Memorandum previously presented orally to the Board at the hearing.
Petitioner owns a single-family residential structure and requests permission to construct a two-story addition, containing approximately 1,320 square feet, to the rear of the existing structure. The structure conforms to the dimensional requirements with the exception of a deck on the left side of the structure, which extends 1.8 feet into the required 10.0 feet sideyard setback. The ARB Memorandum notes that there is no record of a building permit for the construction of the deck and photos at the Assessor’s Office show that the deck did not exist in 1995. The Petitioner indicated that this deck, referred to as ‘Porch” on Drawing A-1 will be eliminated and a new structure referred to as “New Porch” will be built in conformity to the By-law (i.e., not within the 10’ sideyard).
Petitioner presented testimony that after the renovations are completed that off-street parking in the driveway will replace the existing single car garage space, located on ground level under the kitchen area. Petitioner noted that the existing space had been unusable.
Respecting the question raised in the ARB Memorandum, it appears that the basement area is not deemed to be a story since the ceiling is not 4’6” or more above the finish grade. The grade varies but the minimum below grade indicated by Petitioner is 4’0”.
The provision of the Arlington By-Law that affect this Petition is Paragraph 6.08. Section 6.08 allows by Special Permit large additions, provided the addition is in harmony with the other structures and uses in the vicinity.
OPINION OF THE BOARD
Based on all of the documentation presented and in accordance with the requirements of
G.L. c.40A, the Board determined that the Petitioner satisfied the requirements of Section
6.08 of the Zoning By-Law.
The Board finds that:
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 By-Law.
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, 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 the health, morals or welfare.
7. The requested use will not, by its addition to a neighborhood cause an excess of that particular use that could be detrimental to the character of said neighborhood.
DECISION OF THE BOARD
The Board grants the Special Permit and imposes the following conditions:
1. The addition shall be constructed in accordance with the plans submitted by the board and within the footprint identified in those plans.
2. The basement shall not be used for human occupancy.
3. Off-street parking shall be provided in the sideyard, as indicated by the Petitioner.
4. The “New Porch” which replaces the existing non-conforming deck shall not intrude into the 10’ sideyard setback.
5. The height of the building cannot exceed 35’ above the average finish grade noting that the lot slants to the rear such that it qualifies as a lot with more than five percent (5%) slope.
The Board opines that all conditions for granting a Special Permit in accordance with
Section 6.08 of the Zoning By-Law have been met by the Petitioner. Therefore, the
Board, by unanimous vote, grants the Petition as requested.
The Board herein makes a detailed record of its findings relative to this decision; sets forth the reasons for its decision and findings; directs that this decision and record be filed in the Office of the Arlington Town Clerk and in the Office of the Arlington Redevelopment Board and shall be public record; and that notice of the decision shall be given forthwith to each party in interest. Appeals of this Decision, if any, may be made pursuant to Section 17 of the Zoning Act (Massachusetts General Laws, Chapter 48) and shall be filed within 20 days after the date of filing of such decision in the Office of the Arlington Town Clerk.
Bob Sprague
Webmaster, Arlington Online
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