COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS
ZONING BOARD OF APPEALS
ARLINGTON, MASSACHUSETTS
DOCKET NO. 3170
In the matter of
15 Walnut Street
ARLINGTON, MASSACHUSETTS
JOHN C. KOTELLY, Petitioner
PETITION FOR SPECIAL PERMIT
Hearing: January 8, 2002
Decision: February 14, 2002 Granted
DECISION OF BOARD
Members Present:
Joseph F. Tulimieri, Chairman
Patrick D. Dignan
Susan M. McShane, Esquire
STATEMENT OF THE PROCEEDINGS
This case was heard on January 8, 2002. The Petitioner, John C. Kotelly, is the owner of the premises commonly known and referred to as 15 Walnut Street, Arlington, Massachusetts (the “Premises”). The Premises is presently occupied by two structures to wit: a single-family structure and a detached four-car garage. The garage structure is being used for office and assembly/fabrication by virtue of a special permit granted in 1990 (Docket No. 2799). The Premises is located in the R-6 Zone. The Petitioner’s request for a special permit is to add an addition to the rear of the existing single-family structure and to convert the existing structure and the addition to a three-family dwelling. The Petitioner proposes the razing of the detached four-car garage.
The petitioner seeks a special permit under Article 5, section 5.04 table of use regulations and Article 10, section 10.11 of the Arlington Zoning By-Law, in order to construct a 3 family dwelling in the R-6 Zone.
Statutory notice was given and a public hearing was held in the Zoning Board of Appeals hearing room at the Town Hall, Arlington, Massachusetts.
The following individual were present at the hearing:
Petitioner’s Representatives: Abutters in Attendance:
Steve McKenna Kathy Mitchell, 9 Walnut Street
Curt Morgan Linda Bond, 12 Orchard Place
Michael Collins Marjorie Gardner, 8 Orchard Place
Wynelle Evans, 20 Orchard Place
Ron Sender, 31 Walnut Street
Brad Parker, 33 Walnut Street
The following submissions were presented:
1. An undated presentation board of photographs of existing site conditions.
2. Site Plan and Elevations, dated January 5, 2002, titled “Proposal for 15 Walnut Street, Arlington, Massachusetts, proposed by Curtis Morgan”.
3. Application for Special Permit, executed by John C. Kotelly, owner of the premises.
4. A memorandum dated January 2, 2002 from Alan McClennan, Jr., Secretary Ex-Officio of the Arlington Redevelopment Board; and
5. A second memorandum dated January 8, 2002 from Alan McClennan, Jr., Secretary Ex-Officio of the Arlington Redevelopment Board.
Petitioner’s representative, Steven McKenna, presented to the Board the Petitioners
proposal, referring to photographs of the existing conditions and the site plans and elevation drawings. The addition of two more dwelling units to the rear of the existing single family dwelling, would provide much demanded housing stock in Town, and would restore the Premises to the more desirable residential use, which predominates the district in which the Premises is located. The existing detached garage structure, which is being used for commercial purposes in a residential neighborhood, under the proposed project, would be abated, and the unsightly garage structure demolished.
Abutters to the property asked questions, and expressed concerns about further expansion on the site, but those concerns were before they understood that the garage structure would be demolished. No person spoke in opposition of the request after having their issues addressed by the Petitioner’s representatives at the hearing.
FINDINGS OF THE BOARD
The Board evaluated this application in accordance with the provisions of Section 10.11 of the By-Law. The Board makes the following findings:
1. The requested use (three family dwelling) is listed as a special permit use in Article 5, Section 5.04 of the By-Law for the zoning district in which it is to be located (R-6 Zone).
2. The proposed construction is desirable to the public convenience because it will add two additional housing units to the Arlington market and will be situated on a lot more than large enough to accommodate the size of the proposed addition. It will also allow the petitioner to upgrade the existing dwelling, as well as eliminate an unsightly detached garage from the Premises.
3. The proposed use will not create undue traffic congestion, or impair pedestrian safety. Portions of the existing driveway will be utilized and a new driveway constructed for all access and ingress. The new driveway to be constructed will be wide enough to allow vehicles to turn around on the property and avoid the necessity of backing out of the lot.
4. The requested use will not overload any public water, drainage or sewer systems, and any other municipal systems. Petitioner will install a catch basin to handle rainwater runoff from the site.
5. Special regulations found in Article 11 are inapplicable.
6. The requested use will not impair the integrity or character of this district or adjoining districts. The use is simply to add two additional dwelling units to the property, and will remove a commercial use from the residential district. The property is located in an R-6 Zone, and is abutted by single-family homes on two sides, and a small apartment building on the third side.
7. The requested use will not cause an excess of residential uses within the zoning district and will not be detrimental to the character of the neighborhood. Adding two additional dwelling units will not result in an excess of residential units in the town. Arlington is a desirable town to live in, and rental and condominium units are highly desirable.
8. Based on the elevation drawings, the addition is in harmony with other structures and uses in the vicinity.
9. The addition is not substantially more detrimental to the neighborhood than the existing structures, especially the detached four-car garage.
DECISION OF THE BOARD
Accordingly, based on all of the materials presented during the hearing, the Board voted unanimously to grant the special permit to the petitioner for the construction of the addition as proposed by the petitioner in his application and the elevation drawings and site plan submitted, subject to the following conditions:
a. Dimensional Plans are to be submitted;
b. The abutter at 9 Walnut Street and the Orchard Place abutters shall be consulted with respect to landscaping and their reasonable requests incorporated; and
c. Diagram of storm drain system to be submitted.
The Board hereby makes a detailed record of all of it’s proceedings relative to this appeal, and application; sets forth the reason for it’s decisions and findings; directs that this record be filed in the office of the Arlington Redevelopment Board and in the office of the Town Clerk and shall be a public record; and that notice of these 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), and shall be filed within 20 days after the date of filing of such decision in the office of the Town Clerk.
Joseph F. Tulimieri, Chair
Patrick D. Dignan
Susan M. McShane, Esquire
Bob Sprague
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