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ZBA decision (Kalajian) 10/03/2003
ZONING BOARD OF APPEALS

DOCKET NO. 3218
IN THE MATTER OF
22 NOURSE STREET ARLINGTON, MA

TAMI AND GARY KALAJIAN
        Petitioner

APPLICATION FOR SPECIAL PERMIT

HEARING DATE: JUL Y 22, 2003

DECISION: OCTOBER 3, 2003

DECISION OF THE BOARD

MEMBERS PRESENT: Joseph F. Tulimieri, Chair; Susan McShane, Esq.; Stephen ReynoIds, Esq.

STATEMENT OF THE PROCEEDINGS

The Petitioner, Tami and Gary Kalajian, is requesting to construct a large addition on the property located at 22 Nourse Street and located in an R-2 zoning district.

The property is recorded in the Middlesex Registry of Deeds in Book 18061, Page 597.

Statutory notice was given and a public hearing was conducted by the Arlington Zoning Board of Appeals. No abutters appeared.

Submissions were presented to the Board for its consideration, as follows:

1. Application for a Special Permit properly executed by the Petitioner.

2. Memoranda, dated August 14,2003 and September 9, 2003, from Kevin J. O'Brien, Secretary Ex-Officio of the Arlington Redevelopment Board.

3. Proposed Site Plan, dated August 3, 2003.

4. First Floor, Second Floor, Garage Plan, Elevations and Sections, all dated February 1, 2003.

The building is on a 6,092 square foot lot. The existing building has a gross floor area (gfa) of 1,584 square feet. The proposed gfa of the addition is 2,184 square feet resulting in a total gfa of 3,768 square feet. It is proposed that the existing structure be converted to a two-family by adding an addition to the existing single-family house. The resulting structure conforms with zoning regulations and is generally compatible with the architectural style of the existing building and the abutting properties. The plans show that the detached garage and the driveway on the left side ofthe property have been or are to be removed. A new driveway leading to a garage is to be constructed resulting in a minimum of four (4) parking spaces. The Petition clarified the type of siding to be used (compatible to the existing) and the type of windows (double hung) to be specified.

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 the findings, as follows:

1. The requested accessory use is allowed in the Table of Use Regulations, Section 6.08 [Large Additions in Residential Districts].


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 safety.

4. The proposed addition will not overload any public water, drainage or sewer system or any other municipal systems.

5. There are no special regulations set forth in Article 11 that need to be fulfilled.

6. The uses on the lot, industrial in nature, and the times of operation do not conflict with the proposed use.

7. The requested use will not impair the integrity or character of the district or adjoining districts nor be detrimental to health, morals or welfare.

8. 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.

DECISION OF THE BOARD

The Board grants a Special Permit and imposes the following conditions:

1. The siding be compatible with existing conditions and the windows be double hung.

2. All construction to be in accordance with the plans, dated August 3, 2003, submitted to the Board.

3. The addition shall not exceed 2,184 square feet.

4. The hours of construction shall be in accordance with applicable regulations.

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 finding relative to this decision; sets forth the reasons for its decision and finding; 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, Esq.; Stephen ReynoIds, Esq.



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