ZONING BOARD OF APPEALS
DOCKET NO. 3192
IN THE MATTER OF
13 TEEL STREET PLACE
LAURA J. AND JAMES C. DONAHUE
Petitioner
APPLICATION FOR SPECIAL PERMIT
HEARING DATE: NOVEMBER 12, 2002
DECISION: JANUARY 15, 2003
DECISION OF THE BOARD
MEMBERS PRESENT:
Joseph F. Tulimieri, Chair
Patrick Dignan
Susan McShane, Esquire
STATEMENT OF THE PROCEEDINGS
The Petitioner is requesting permission to construct a large addition which requires a Special Permit under 6.08. The addition is approximately 925 square feet. The proposed addition also extends the building line along the northeast elevation which requires a Special Permit under Section 9.02.d of the Zoning Bylaw. The property is located at 13 Teel Street Place and is located in the R-l zoning district. The structure has been modified by the enclosure of the front porch with a building permit. The existing structure has a gross floor area of 1,570.33 square feet. With the proposed addition, the gross floor area will be 2,495.337 square feet. A Deed is recorded in the Middlesex County Registry of Deeds in Book 21898, Page 368. The principal structure is located on a lot containing 4,250 square feet. The
proposed addition will result in landscaped and useable open space which meets the requirements of the Bylaw. The property abuts, to the rear, the Waldo Street Playground.
Statutory notice was given and a public hearing was conducted by the Arlington Zoning Board of Appeals. No abutters appeared to oppose the issuance of the Special Permits.
Submissions were presented to the Board for its consideration, as follows:
(1) Application of a Special Permit properly executed by the Petitioner,
(2) Memorandum, dated November 12,2002, from Alan McClennen, Jr., Secretary Ex-Officio of the Arlington Redevelopment Board.
(3) Plans [5 sheets], dated October 6,2002, prepared by Morgan Construction Services.
(4) Plot Plan, dated May 17,2002, prepared by James R. Keenan, R.L.S.
The Petitioner is constructing an addition which exceeds 750 square feet and which extends the building line along the northeast sideyard which is non-conforming. Accordingly, there are two permits required. The Memorandum from Alan McClennen, Jr., Secretary Ex-officio of the Arlington Redevelopment Board, indicates that "... the Board should be able to fin that the proposed structure is in harmony with the other abutting structures and uses in the neighborhood. The non-conforming sideyard (2.9 feet) which abuts a rear yard is extended but does not further encroach into the sideyard (3. 7 to 4.1 feet). The Memorandum also notes that "... the proposed deck encroaches on the requirement that the landscaped open space have no horizontal measurement less than 25 feet in length. The deck is only 22.3
feet from the rear lot line...".
OPINION OF THE BOARD
The Board considered the Petitioner's application and all submitted materials. Based upon the evidence presented and in accordance with the applicable requirements of the Zoning By-law, the Board makes its findings with due regard to the nature and to the condition of all adjacent structures and uses in the R-l zoning district within which the property is located, as follows:
1. The use requested is listed in the Table of Use Regulations Section 5.04, use 1.01 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. No special regulations for the use, set forth in Article 11, are required to be 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.
DECISIONS OF THE BOARD
The Board grants the Special Permits required under Section 9.02.d and Section 6.08 of the Zoning Bylaw and imposes the following condition:
(1) That the deck not encroach into the requisite 25 feet of the rear yard landscaped area.
The Board opines that all conditions required for granting the Special Permits have been met by the Petitioner. Therefore, the Board, by unanimous vote, grants the Petition as conditioned above.
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.
By the Board,
Joseph F. Tulimieri, Chair
Patrick Dignan
Susan McShane, Esquire
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