COMMONWEALTH OF MASSACHUSETTS:
MIDDLESEX, SS
ZONING BOARD OF APPEALS
ARLINGTON, MASSACHUSETTS
In the matter of
6 Arrowhead Lane
Arlington, Massachusetts
Docket No. 3172
Paul W. Cahill and
Mary Ann Cahill,
Petitioners
PETITION FOR SPECIAL PERMIT
Hearing: Tuesday, Feb. 12, 2002
Decision: March 7, 2002
Members present:
Joseph Tulimieri
Patrick D. Dignan
Susan M. McShane, Esquire
OPINION OF THE BOARD
The Petitioners, Paul W. and Mary Ann Cahill, are the owners of a single-family structure located at 6 Arrowhead Lane, Arlington, Massachusetts. The real estate is located in an RO district and the Petitioners have owned the real estate for in excess of fifteen years and reside in the real estate with their family.
Petitioners propose to construct an addition to their home, adding living space to the structure.
The construction plans of Petitioners require a Special Permit in accordance with the provisions of Section 6.08 of the Zoning Bylaw because the real estate is located in an RO district and the new construction will increase the size of the existing building by 750 square feet or more of the gross floor area.
A Hearing was held at Arlington Town Hall, 730 Massachusetts Avenue, Arlington, Massachusetts on Tuesday evening, February 12, 2002.
Appearing in behalf of the Petitioners was Attorney Robert J. Annese and the Petitioners were also in attendance at the Hearing. No one appeared in opposition to Petitioners’ construction plans.
Petitioners submitted a Plot Plan for the proposed addition dated December 3 of 2001, prepared by Lanata & Associates, Inc. of Arlington, Massachusetts and Petitioners also submitted a Proposed Renovation Plan by Domenic Sicari Associates, Ltd. dated February 22 of 2001.
A Memorandum was also received from Alan McClennen, Jr., Secretary Ex-officio of the Arlington Redevelopment Board dated February 7 of 2002, and the substance of that Memorandum indicates that the proposed addition complies with the zoning requirements of the Bylaw, does not increase the height of the building and appears to be designed to enhance the design of the existing house. The substance of the memo also indicates that the proposed expansion appears to be in harmony with other structures in the vicinity.
FINDINGS OF FACT AND DECISION OF THE BOARD
The real estate is located in an RO district with the front yard setback being 25 feet, the side yard 10 feet and the rear yard 20 feet.
The lot contains 9,680 square feet and Petitioners propose to add an addition to the rear of their existing one story structure with the addition being approximately 16 feet deep containing approximately 955 square feet.
The addition will consist of a new master bedroom on the left rear of the house, an enlarged kitchen area and family room in the middle of the addition and a new bedroom behind the garage.
Petitioners’ building plans would result in a basement being constructed beneath the new addition also containing 955 square feet.
The proposed addition would be used for additional living space for Petitioners’ family as shown on Petitioners’ proposed renovation addition plans prepared by Domenic Sicari Associates, Ltd. which have previously been submitted to the Board.
Petitioners’ proposed construction plans will not result in a violation of any of the dimensional requirements of the Zoning Bylaw as the rear yard setback will be 40.6 feet and the left side yard 10 feet and the right side yard 10.1 feet.
Petitioners’ plans do require a Special Permit, however, because their building plans exceed 750 square feet.
There will be no intrusion into any of the dimensional requirements of the Zoning Bylaw with respect to Petitioners’ construction plans and the new excavation for the addition will not violate any of the dimensional requirements of the Zoning Bylaw.
Section 10.11 of the Zoning Bylaw authorizes the Zoning Board to issue a Special Permit to Petitioners in connection with their construction plans provided specific findings are made by the Board in connection with Section 10.11. 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 or is so designated elsewhere in this 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 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.
In accordance with the provisions of Section 6.08 of the Bylaw, the Board has assessed among other relevant facts, the dimensions and setbacks of the proposed addition in relation to abutting structures and uses and has determined that Petitioners’ construction plans are in conformity with the purposes set forth in Article 1, Section 1.03 of the Zoning Bylaw and further finds that the alteration or addition is in harmony with other structures and uses in the vicinity.
Following the close of the hearing, the Board voted unanimously to grant Petitioners’ Application for Special Permit.
The Board hereby makes a detailed record of all its proceedings relative to this appeal; sets forth the reasons for its decisions and findings; directs that this record be filed in the 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 to 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.
Joseph Tulimieri
Patrick D. Dignan
Susan M. McShane, Esquire
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