ZONING BOARD OF APPEALS
DOCKET NO. 3203
IN THE MATTER OF
41 BEACON STREET
ARLINGTON, MA
ELIZABETH DINOLFO Petitioner
STEVEN JURGENSMEYER Petitioner
APPLICATION FOR SPECIAL PERMIT
HEARING DATE: FEBRUARY 25, 2003
DECISION: MARCH 21, 2003
MEMBERS PRESENT:
Joseph F. Tulimieri, Chair
Susan McShane, Esquire
Stephen Reynolds, Esquire
STATEMENT OF THE PROCEEDINGS
The Petitioner, Elizabeth Dinolfo and Steven Jurgensmeyer, is requesting permission to construct an addition to the structure, located at 41 Beacon Street, exceeding 750 square feet. Said addition, as reflected in the plans submitted, will consist of 1,014 square feet. The Petitioner seeks a Special Permit under Section 6.08 Large Additions in Residential Districts for the addition to the existing 2,560 square foot structure.
The property is located in an R-2 zoning district and is recorded in the Middlesex County Registry of Deeds in Book 14700, Page 099, Plan #1223 of 1948 Plan Book 7336, Page 67. The principal structure is located on a 6,651 square foot lot.
Statutory notice was given and a public hearing was conducted by the Arlington Zoning Board of Appeals. Two abutters appeared requesting clarification, Ms. Maura Beirne of 39 Beacon Street and Ms. Maureen McAuliffe of 5 Park Street Place.
Submissions were presented to the Board for its consideration, as follows:
1. Application for a Special Permit properly executed by the Petitioner.
2. Memorandum, dated February 13, 2003, from Alan McClennen, Jr., Secretary Ex-Officio of the Arlington Redevelopment Board.
3. Plans, dated December 20, 2002, prepared by Andrew M. Sidford, Architect.
4. Mortgage Inspection Plan, dated July 14, 1993, prepared by Jeff Kalajian, Metro Surveys of Waltham, MA.
The Petitioner is requesting permission to construct an addition in excess of 750 square feet to its single family structure located in an R-2 zoning district. A review of the plans indicates an addition of 1,014 square feet in area. As indicated on the above-noted Memorandum, the plan indicates the proposed addition to the existing structure. Further, the Memorandum indicated an error in the size of the lot and the need to confirm sideyard dimensions.
The materials submitted included elevations to assist the Board in determining the appearance of the resulting structure.
The Board received the inquiry respecting the location of the addition from two abutters and noted the response from the Petitioner that the proposed addition would not be visible from Beacon Street.
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-2 zoning district within which the property is located, as follows:
I. The requested use is listed in the Table of Use Regulations Section 5.04, use 8.06a 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 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.
8. The requested use is in harmony with other structures and uses in the neighborhood.
DECISION OF THE BOARD
The Board grants a 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 1,014 square feet.
3. The hours of construction shall be in accordance with applicable regulations.
4. The Petitioner shall supply the Building Inspector with a certified plot plan.
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.
By the Board,
Joseph F. Tulimieri, Chair
Susan McShane, Esquire
Stephen Reynolds, Esquire
| 
