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 TOWN OF WATERTOWN

Board of Appeals

149 Main Street

Watertown, MA  02472             

 

Telephone (617) 972-6428

Harry J. Vlachos, Chairman                                                                                                                             Facsimile   (617) 926-7778

Melissa M. Santucci, Clerk                                                                                                                                     www.watertown-ma.gov

Stuart J. Bailey, Member

Deborah Elliot, Member

 

MINUTES

 

On Wednesday evening, August 12, 2009 (originally scheduled for July 29, 2009; subsequently scheduled for August 5, 2009 and continued to August 12, 2009) at 7:00 p.m. in the Council Chambers of the Administration Building, the Zoning Board of Appeals held a public hearing.  In attendance: Harry J. Vlachos, Chairman; Melissa M. Santucci Clerk; Stuart J. Bailey, Member; Deborah Elliott, Member;  Nancy Scott, Zoning Enforcement Officer; Steve Magoon, Director, Community Development and Planning; Louise Civetti, Clerk.

 

Chair Vlachos opened the meeting, introduced the board and staff and swore in the audience.  He then sent best wishes out to past Chairman of the board, John McCarthy for good health.

 

The first item on the agenda is to approve the minutes of the May and June meetings; however, Chair Vlachos postponed the vote of the May meeting.  He mentioned that the June minutes state that when he was a child he stole peaches from Perkins School and he would like to change his statement to reflect that he ?picked? the fruit.

Ms. Santucci motioned to accept the minutes for the June meeting.  Ms. Elliott seconded.  Voted 4-0.

 

Ms. Santucci read the legal notice for the first case:

 

Alan Marchant, 40 Fitchburg Street, Watertown, MA  02472, herein requests the Board of Appeals to grant a Special Permit Finding in accordance with §4.06(a), Alts/Additions to Non-Conforming Structures, Front and Side Yard Setbacks, Zoning Ordinance, so as to raze roof and construct second floor 26.5?x 33.25? together with one-story rear addition, 6.62?x7.25? maintaining non-conforming front yard setback at 19.1?, where 25? is required and northerly side set 7.7?-7.9?, where 10? is required at 7 Ralph Street, located in the S-6 Zoning District.

 

Attorney Kenneth Leitner, representing the petitioner, stated that the proposal is to add a second floor to the existing  footprint of the  cape-style single-family dwelling.   Additionally they are proposing a small mud room addition in the rear.  The lot is located in the S-6 Zoning District and is nonconforming with respect to frontage and side yard setbacks.  With the new second floor, the non-conforming front setback of 19.1? will be maintained as well as the northerly side yard setback at 7.7? ? 7.9?, where 25? and 10? respectively is required.  He stated that the proposed change would be beneficial to the single-family neighborhood as the house has been vacant and has deteriorated. 

 

The Zoning Enforcement Officer, Nancy Scott and the Director of Community Development, Steven Magoon both support this petition.  Since the property has been vacant for over 3 years and not maintained, which poses a safety issue (attempted break-in) for the neighborhood and therefore the construction will benefit both the petitioner and the neighborhood. 

 

No one spoke from the audience on this petition.

 

Chairman noted the recommendation of approval from the Planning Board.

 

After a brief discussion the Board finds that the proposal to construct the new second story addition and new mudroom maintaining both non-conforming front and northerly side setbacks would not be substantially more detrimental than the existing nonconforming cape-style dwelling.  The improvements will be a benefit to the neighborhood by drastically improving the appearance of the house while preserving the existing character of the neighborhood.  

 

Ms. Santucci motioned to grant the Special Permit Finding for the front and side non-conformities.  Ms. Elliot seconded.  Voted 4-0, Granted.

 

 

 
 TOWN OF WATERTOWN

Board of Appeals

149 Main Street

Watertown, MA  02472             

 

Telephone (617) 972-6428

Harry J. Vlachos, Chairman                                                                                                                             Facsimile   (617) 926-7778

Melissa M. Santucci, Clerk                                                                                                                                     www.watertown-ma.gov

Stuart J. Bailey, Member

Deborah Elliot, Member

 

MINUTES

 

On Wednesday evening, August 12, 2009 (originally scheduled for July 29, 2009; subsequently scheduled for August 5, 2009 and continued to August 12, 2009) at 7:00 p.m. in the Council Chambers of the Administration Building, the Zoning Board of Appeals held a public hearing.  In attendance: Harry J. Vlachos, Chairman; Melissa M. Santucci Clerk; Stuart J. Bailey, Member; Deborah Elliott, Member;  Nancy Scott, Zoning Enforcement Officer; Steve Magoon, Director, Community Development and Planning; Louise Civetti, Clerk.

 

Ms. Santucci read the legal notice:

 

Claudio Coppola, Coppola Pleasant Street LLC, 118 Pleasant Street, Watertown, MA  02472, herein requests the Board of Appeals grant a Special Permit Finding in accordance with §4.06(a) Extension Non-Conforming Use, Landscaping Business, Zoning Ordinance, so as to use former repair garage with associated landscaping vehicle/truck parking and occupancy of the property known as 140 Pleasant Street for use as a nursery/plant yard, accessory use to landscaping business at 132 and 140 Pleasant Street, located in the Industrial-3 (I-3) Zoning District.

 

Attorney William York, representing the owner/petitioner, Claudio Coppola gave a brief  over view of the history of the site.  Mr. Coppola has operated his landscaping business since early 1960?s, close to 40 years  from this site.  They are seeking to extend the nonconforming landscaping use to include the repair shop, formerly known as ?Dirty Dan?s? garage and will be utilized for repair of equipment and vehicles associated with Landscape Collaborative, the proposed tenant, as Mr. Coppola downsizes his landscaping operation.  Additionally the seek to extend the landscaping accessory plant storage to include 140 Pleasant Street.

 

Landscape Collaborative, Michael Piering, Owner/Operator, has operated from Rear 30 Washburn Street, Industrial Zone and also abutting a residential neighborhood, for over 25 years.  They are entering a three-year lease, 12 month notice to vacate with Mr. Piering, which allows the Coppola family to maintain their options to move forward at a future time with a residential or mixed use project at this site.   Attorney York notes a residential project was proposed at this site, but did not receive a positive recommendation at the Planning Board level.

 

Since purchasing this site along with 140 Pleasant Street, the site has a new large retaining wall along the rear of the property adjacent the DCR walkway.  As a result of the long-standing use of vehicle repair, the site is subject to DEP, M.G.L. c 21E for petroleum cleanup.  

 

The driveway at the far east  of the site ? adjacent 118 Pleasant Street (also owned by Coppola family) will continue to be used for access to Mr. Coppola?s landscaping business and parking for tenants residing in 118 Pleasant Street, as well as for access for the tenant in the basement of the repair garage.

 

The existing repair shop at 132 Pleasant Street is proposed to be used for storage and minor repairs of equipment and trucks.  The Board was presented a site plan, which shows 4 parking spaces for trucks with trailers attached in the front left of the building.  There will be 4 parking spaces directly in front of the building for employee parking.  An additional 6 spaces behind the gate were provided as required by Planning Board and shown on the site plan.  The Board further received a picture of the existing site with and without the trucks shown as proposed.  The building façade will be painted; existing signage  will be removed and a new sign put in its place.  

 

The Board had concerns relative to number of vehicles; noise of trucks backing out onto Pleasant Street.  Whether there would be any selling of material from the site-retail or wholesale.    Mr. Piering addressed each of the items.  Kill-switches are installed on the trucks which stops the beeping when in reverse; there is no selling from the property. 

 

There will be a Plant Yard, where plants are kept for his use.  The stone yard will be storage as he does walkways, etc., where stonework is required.  There is no exterior storage of yard waste, which is dumped elsewhere.   He has a large number of employees during the summer ? 20-25 where employees would arrive to the site by both personal motor vehicles and bicycles.  One bicycle parking rack will be installed.   Staff noted that a visit to the Washburn Street site found a significant number of employees computing by bike. 

 

Those driving to the site will park on site.  This Board finds that a condition of employee parking on site and not within the residential neighborhood will be imposed.  There are 10 designated parking spaces; however, the 4 front truck spaces will be duel purpose in that the employees will park in those spaces while on jobs. The number of trucks on the site as shown on the plan is 9; with various tag-a-long trailers and equipment.  Concerns of the Board were raised if there is any increase in the number of trucks to the site.  Mr. Piering and Attorney York agreed to the Board?s condition that the number of trucks be limited to 9. 

 

The Board heard testimony from Charles Langenhagen, 111 Pleasant St  Unit #36, who was concerned that if the trucks backing in at the end of the day would cause a traffic tie-up on Pleasant Street.   Attorney York stated that one employee will direct traffic as the trucks back in and it is so temporary that there will not be a delay in traffic.

 

Linda Odette, 100 Pleasant Street stated her support of the project.   She reminded the Board that it is an industrial area ? not residential.  There is a an auto repair and painting business on the other side of her two-family house.  The traffic is not interrupted by their trucks backing in and that business has vehicles in and out all day.  She was also in support of the residential project that was proposed.

 

Chairman stated the Planning Board voted to recommend this petition with the condition of installation of a 6? solid wood fence along Pleasant Street and along the westerly lot line of 140 Pleasant Sand.   This fencing will shield the yard and equipment, it will have a rolling gate allowing access/egress to the yard for the returning trucks and trailers.  With the new fence a discussion on site visibility ensued, with the Board relying on staff to work with the traffic division in accomplishing site visibility and shielding of the site.  Board members  discussed specific conditions to ensure the extension of the non-conforming landscaping business by Landscape Collaborative will not be more detrimental.    Ms. Scott stated that if another landscaping company were to come in to this location and either be larger or want to change the planting area, etc., they will be required to come before the Board to modify the control documents.

 

Chairman would like to have the petitioner back for a review regarding traffic and/or noise matters.   The Board finds that a one-year review ? September, 2010 is sufficient time for any issues to arise. 

 

Therefore, in view of the foregoing, additional landscaping vehicle parking, and material storage would not be substantially more detrimental than the existing auto repair garage use and its associated parking of vehicles with the specific conditions imposed.   

 

The landscaping business? passive accessory planting/nursery yard use on the lot at 140 Pleasant Street would be minimally impactful and less detrimental than the previous two-family use.  In accordance with the Screening Requirements of §4.14 of the WZO, the planting/nursery yard will be screened from the abutting residential lot (T-Zone) with a 6? solid fence. 

Ms. Santucci motioned to grant the request with conditions.  Ms. Elliott seconded.  Voted 4-0.  Granted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 TOWN OF WATERTOWN

Board of Appeals

149 Main Street

Watertown, MA  02472             

 

Telephone (617) 972-6428

Harry J. Vlachos, Chairman                                                                                                                             Facsimile   (617) 926-7778

Melissa M. Santucci, Clerk                                                                                                                                     www.watertown-ma.gov

Stuart J. Bailey, Member

Deborah Elliot, Member

 

MINUTES

 

On Wednesday evening, August 12, 2009 (originally scheduled for July 29, 2009; subsequently scheduled for August 5, 2009 and continued to August 12, 2009) at 7:00 p.m. in the Council Chambers of the Administration Building, the Zoning Board of Appeals held a public hearing.  In attendance: Harry J. Vlachos, Chairman; Melissa M. Santucci Clerk; Stuart J. Bailey, Member; Deborah Elliott, Member;  Nancy Scott, Zoning Enforcement Officer; Steve Magoon, Director, Community Development and Planning; Louise Civetti, Clerk.

 

Ms. Santucci read the legal notice:

 

Richard Merson, President, United Cerebral Palsy of Metro Boston, Inc., 71 Arsenal Street, Watertown, MA 02472, herein requests the Board of Appeals grant an Amendment to Special Permit, Special Permit Finding #08-19 so as to demo and remodel first floor; raze roof and construct extended roof to 19?-6 ½? to 24? high providing 24? front shed dormer; two 10? window rear gable dormers with attic area for storage and mechanical equipment.  Further remove and replace easterly wall 46?-2? in length; all construction within footprint maintaining easterly side yard setback of -0.8? ? 0?; westerly side yard setback of 0?-2?, where 15? is required on each side and maintain non-conforming rear yard setback varying 13.1?-17.7?, where 20? is required  at 32 North Beacon Street a/k/a 71 Arsenal Street, located in the LB (Limited Business) Zoning District.

 

David Webster, CFO, United Cerebral Palsy, appeared before the Board and stated that unlike their original request, they are not adding a second story nor are they adding any additional useable square footage to the building, except a small  non-habitable area in the attic to be used for storage.  They have all of their contracts and documents at an off-site location and they would like to have all of their paperwork stored on the premises.

 

Chairman Vlachos asked what they have done in regards to the concerns of the direct abutter, China Rainbow, who has submitted several letters to this Board.   Mr. Webster said they have met the concerns of the drainage from the roof through a design that would be explained by the architect.  He is surprised by the recent letter received from the abutter., since we had a meeting at the town hall.

 

Nancy Scott, Zoning Enforcement Officer, stated that the petitioner had done his due diligence in regards to the concerns presented by Tammy Young, China Rainbow.  They had a separate meeting where Ms. Young was represented by several friends; including a contractor regarding her issues; runoff of the roof onto her building.  All parties went down to the site after the meeting to view Ms. Young?s rear parking lot and to look at the basement.  This was in an effort to possible assist Ms Young?s own drainage issue.

 

Ron Jarek, Architect, gave an overview of the new building and explained the changes in the building design, noting the change in the roof style and the addition of ?trough gutters? that will direct all roof water to vertical receptors and into an underground catch basin, sill guards, and snow fence.  Member Bailey asked where the rainwater will go if it rushes by the gutter.  Mr. Jarek stated that the gutter has an 8x8 trough and the roof is pitched at 8/12 (30°).  He is not sure if it will hold up to a 100-year storm but it will hold up to at least a 30-year storm.

 

Mr. Jarek stated that they are keeping the existing parking for 4 spaces ? 3 on North Beacon Street  and 1 on Arsenal Street.   He was asked where the additional employees will park.  Mr. Webster stated that they park on the street; however, out of the 10-12 employees, most take public transportation.  Ms. Santucci is concerned that they are removing parking spaces from their site on Arsenal Street in order to provide planters around the building.  Parking is a concern in that area and she prefers that they add back the non-conforming parking to take the cars off of the street and find a way to add landscaping, as well.  Board members concur that the Arsenal Street side should have at least 2 parking spaces. 

 

 

Board heard from the public.  Jan Louie, Maintenance Man for Tammy?s Realty, stated that Tammy Young runs the restaurant by herself and she cannot be at this meeting.  They have concerns for their patrons of snow and ice falling from the new roof as patrons enter/exit the restaurant or stand outside the doorway to smoke cigarettes at the rear parking lot adjacent Arsenal Street.     If this gutter is supposed to stop snow and ice from forming, why haven?t they already installed it, as the ice has been a concern for a very long time?  UCP has not respected their business and has taken advantage of using their parking lot to unload their handicapped van.  Why should they park their vehicles in front of the restaurant all day long ? then the patrons to the restaurant have no place to park for one hour.  Since Ms. Young?s husband passed away, she has not been open for lunch and hours have been 3 ? closing.  She is hoping to open for lunch again.

 

Ben Rogan, Construction Manager, who will be overseeing the construction, stated they have worked with an engineer regarding catch basins as the parking area at China Rainbow slopes towards her main entry door and UCP?s building side.  They are planning to put two catch basins on their property but are willing to put the second in the parking area of China Rainbow.  Their Engineer, Fred Russell, will continue to work with Ms. Young to assist her with the water entering her front door and running between the buildings into her foundation.  They suggested raising the front door up and pitching the driveway toward the street but that creates too many steps down into her building.  They suggested a catch basin in front of her door but that creates a safety hazard for heels of shoes catching in the grates.   The Board acknowledges the effort  of the petitioner in working with the abutter.

 

Peter Cruza, Anthony?s Florist and Rose Limousine, stated that the employees from UCP park in front of his business at 95 Arsenal Street and take away his patron?s parking on the street.  He wants to know why they are only proposing 4 spaces when they have 10-12 employees.

 

Ms. Santucci asked why they have chosen Green Crete to park on.  Mr. Webster said it would add green to the area, as the Planning Board suggested they do.  Mr. Webster stated they have one visitor per day.  They can fit up to 10 cars on the property ? nonconforming, of course.  They will redesign the plan to add parking and plantings without moving the door on the Arsenal Street side. 

 

Ms. Santucci asked if they have a construction easement from China Rainbow.  They do not.

 

The Board reviewed the proposed conditions and  Mr. Jarek stated that they were not aware that fire sprinklers would be required or made a condition.  Steve Magoon, Director of Community Development and Planning stated that the conditions were reviewed at the Planning Board meeting and noted a statement by Mr. Webster that they have been reviewing costs for sprinkler systems.  Mr. Rogan stated that there is no State Regulations to sprinkle this size building.  The minimum size building is 4500 square feet.  Insurance and Building code are out weighed by the State.  Ms. Scott noted that the conversations with the Building Inspector and Fire Inspector confirmed that this building will be required to have sprinklers.  The condition is removed from the decision; however, it is noted that a building permit will not be issued  they are not in compliance with the requirements of the Building Inspector and/or Fire Department. 

Ms. Scott suggested additional conditions; noted as Condition #8 and #9, which directly relates to Ms. Young?s concern during the construction phase and allowing her to inspect her building while the easterly wall is removed in its entirety.

 

Chair Vlachos stated that there is not much that can be done with this site.  The design is scaled back from the original, they are not making the drainage worse.  Board members concurred.

 

The Board acknowledges receipt of a memorandum from Nancy Scott, seeking a vote to allow an extension to Special Permit and Variance  #08-19  granted on 10/29/08, to UCP.   It is unlikely that the petitioner will receive a building permit by October 29, 2009, which is required to avoid lapse of both decisions.   Ms. Scott requested a six-month extension to April 29, 2010.  

 

Ms. Santucci motioned to accept the extension to April 29, 2010.  Ms. Elliott seconded.  Voted 4-0.  Granted.

 

Ms. Santucci motioned to grant the amendment for Special Permit ant Finding with conditions.  Ms. Elliott seconded.  Voted 4-0.  Granted.

 

 

 

 

 

 

 

 

 

 

TOWN OF WATERTOWN

Board of Appeals

149 Main Street

Watertown, MA  02472             

 

Telephone (617) 972-6428

Harry J. Vlachos, Chairman                                                                                                                             Facsimile   (617) 926-7778

Melissa M. Santucci, Clerk                                                                                                                                     www.watertown-ma.gov

Stuart J. Bailey, Member

Deborah Elliot, Member

 

MINUTES

 

On Wednesday evening, August 12, 2009 (originally scheduled for July 29, 2009; subsequently scheduled for August 5, 2009 and continued to August 12, 2009) at 7:00 p.m. in the Council Chambers of the Administration Building, the Zoning Board of Appeals held a public hearing.  In attendance: Harry J. Vlachos, Chairman; Melissa M. Santucci Clerk; Stuart J. Bailey, Member; Deborah Elliott, Member;  Nancy Scott, Zoning Enforcement Officer; Steve Magoon, Director, Community Development and Planning; Louise Civetti, Clerk.

 

Chair Vlachos announced the receipt of a letter requesting a Leave to Withdraw without prejudice from Aggregate Industries for the property at 105 Coolidge Hill Road.

 

Ms. Santucci motioned to accept the leave to withdraw.  Ms. Elliott seconded.  Voted 4-0.  Granted. \

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ms. Santucci motioned to adjourn.  Ms. Elliott seconded.  Voted 4-0.  The meeting ended at 9:53 p.m.