COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS
Zoning Board Of Appeals
Arlington, Massachusetts
In the matter of
27 COLLEGE AVENUE DOCKET NO. 3175
ARLINGTON, MA
ANN FLOODSTROM
Petitioner
APPLICATION FOR SPECIAL PERMIT
HEARING DATE: MARCH 19, 2002
DECISION: APRIL 25, 2002
DECISION OF THE BOARD
MEMBERS PRESENT:
Joseph F. Tulimieri, Chair
Patrick Dignan
Susan McShane, Esquire
STATEMENT OF TILE PROCEEDINGS
The Petitioner, Ann Floodstrom, was represented by Patrick Murphy, Esquire, her son-in-law, Cheryl Murphy, her daughter, and by Curtis Morgan. who prepared plans for an addition on her behalf. The Petitioner seeks a Special Permit under Section 6.08-Large Additions in Residential Districts, to construct a 1,838 square foot addition to the existing 1,731 square foot structure.
Statutory notice was given and a public hearing was conducted by the Arlington Zoning Board of Appeals. One abutter, Michael Beck and Purvi Patwari, appeared to comment on the Special Permit application and requested information on drainage.
Submissions were presented to the Board for its consideration, as follows:
1. Application for a Special Permit executed by Petitioner with the requisite attachments.
2. Design Drawings, including existing conditions, basement, floor plans and elevations, prepared by Curtis Morgan.
3. Memorandum, dated February 18, 2002, from Alan McClennen, Jr., Secretary, Ex-Officio of the Arlington Redevelopment Board.
The Petitioner is requesting permission to construct an addition in excess of 750 square feet to its single-family structure located in an R-1 zoning district. A review of the plans indicates an addition of 1,838 square feet in area. As indicated on the above-noted Memorandum, the plan indicates a one-car garage in the proposed addition and an existing one-car garage in the existing structure. The Board confirmed that the garages, at right angles to each other, will be served by the same driveway.
The materials submitted included elevations to assist the Board in determining the appearance of the resulting structure. The property abuts a so-called “paper street” (Adamian Park) and the yard is considered a side yard. Consequently, a ten-foot setback is required and the resulting structure is in compliance. The Petitioner was made aware of a potential course of action to petition the Court to eliminate the rights of others to use the right-of-way and to annex that property to Petitioner’s lot. This would ensure conformity with the By-law.
The Board received the inquiry respecting drainage from the abutter and noted the response from the Petitioner’s representative that the proposed addition would not impact upon existing drainage.
OPINION OF THE BOARD
The Board considered the Petitioner’s application and submitted materials. Based on all the evidence presented and in accordance with the requirements of the By-law, the Board makes the findings, as follows:
1. The requested use is allowed in the Table of Use Regulations.
2. The requested addition is essential and desirable to the public convenience or welfare because it improves and protects the residential nature of the district.
3. The proposed addition will not create undue traffic congestion nor impair pedestrian safely.
4. The proposed addition will not overload any public water, drainage or sewer system or any other municipal systems.
5. The lot at 11,387 square feet is large enough to accommodate the proposed addition.
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.
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.
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 submitted plans and attachments to the Petitioner’s filing.
2. The addition shall not exceed 1,838 square feet.
3. The hours of construction shall be in accordance with applicable regulations.
4. The Petitioner shall consult with the above-noted abutter respecting drainage.
The Board opines that all conditions required 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 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.
Joseph F. Tulimieri, Chair
Patrick Dignan
Susan McShane, Esquire
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