Zoning Board of Appeals

Department of Planning & Community Development Zoning Board of Appeals 1 JFK Memorial Drive Braintree, MA www.braintreema.gov Joseph. C. Sullivan Mayor Zoning Board of Appeals (ZBA) Meeting Minutes October 23, 2017 IN ATTENDANCE: Stephen Karll, Chair Michael Ford, Member Richard McDonough, Associate Steve Sciascia, Associate ALSO PRESENT: Jeremy Rosenberger, Zoning Administrator Mr. Karll called the meeting to order at 7:00pm. OLD BUSINESS: 1) Petition Number: 17-34 Petitioner: Carl & Margaret Johnson RE: 1908 Washington Street The petitioner requested the initial public hearing to be continued to November 27, 2017. On a motion made and seconded, the Board voted 3-0 to continue the initial public hearing to November 27, 2017. NEW BUSINESS: 1) Petition Number: 17-44 Petitioner: Karen Haffner RE: 45 Town Street The petitioner requested the initial public hearing to be continued to December 18, 2017. On a motion made and seconded, the Board voted 3-0 to continue the initial public hearing to December 18, 2017. Town of Braintree ZBA Meeting Minutes October 23, 2017 1 1) Petition Number: 17-45 Petitioner: Gregory Jenkins & Alison Daley RE: 55 Birchcroft Road Gregory Jenkins & Alison Daley, 55 Birchcroft Road, Braintree, MA 02184 for relief from Bylaw requirements under Chapter 135, Sections 135-403, 407 and 701 to convert existing 1- story single family dwelling to a 2.5-story dwelling, expand existing footprint by +/- 330 sq. ft. and construct 14.5 ft. x 8 ft. front porch and 15 ft. x 8 ft. rear deck. The applicant seeks a permit, variance and/or finding that the proposed project is not more detrimental to the neighborhood. The property is located at 55 Birchcroft Road, Braintree, MA 02184 and is within a Residence A District Zone, as shown on Assessors Map 3031A, Plot 12 and contains a total land area of +/- 9,135 sq. ft. Notice Pursuant to notice duly published in a newspaper in general circulation and posted at Town Hall, and by written notice pursuant to G.L. Chapter 40A, Section 11, mailed to all parties in interest, a public hearing was held by the Zoning Board of Appeals at Town Hall, One JFK Memorial Drive, Braintree, MA on October 23, 2017 at 7 p.m. Sitting on this case for the Zoning Board of Appeals were: Stephen Karll, Chairman; Michael Ford and Richard McDonough, Members; and Stephen Sciascia, Alternate. Evidence Gregory Jenkins, the petitioner, and Bob Fedus, the petitioner’s contractor, explained they are seeking to construct a rear addition of approximately 330 sq. ft. and a full second story. A small front porch and rear deck are also proposed. The proposed addition requires a finding by the Board due to a pre-existing nonconforming right side yard setback of 9 ft. Mr. Fedus noted the addition will be within the existing building footprint, except for the rear addition, which will meet the zoning dimensional regulations. Mr. Fedus discussed the existing dwelling has a building footprint of +/- 850 sq. ft. (without existing rear deck). The proposed first floor would provide a living, family and dining room, kitchen and laundry/mudroom/bathroom. The proposed second floor would provide three bedrooms, a bathroom and a master bedroom with bathroom. Lastly, Mr. Jenkins highlighted the addition will be well designed, add value to the existing housing stock and will not be more detrimental to the neighborhood. The petitioner's existing lot is nonconforming, as it contains 9,135 sq. ft., where 25,000 sq. ft. is required, provides 70 ft. of lot frontage, where 75 ft. is required and provides 70 ft. of lot width, where 125 ft. is required. The petitioner's existing single family dwelling is nonconforming as to the right side yard setback; the dwelling is located 9 ft. from the right side yard lot line, while the Zoning Bylaw requires a side yard setback of 10 ft. The proposed alteration will be mostly within the existing building footprint and not create any new zoning nonconformity. Accordingly, a finding is required pursuant to G.L. Chapter 40A, Section 6. As grounds for the finding, the petitioner noted the addition will be within the existing building footprint, except for the rear addition, which will meet the zoning dimensional regulations. Also, the addition will not generate any new zoning nonconformity. Furthermore, the petitioner noted the addition will be similar to the existing neighborhood architectural characteristics and well designed. Therefore, the proposed project will not be more detrimental to the neighborhood. Town of Braintree ZBA Meeting Minutes October 23, 2017 2  The petitioner presented the plot plan entitled "Plot Plan, 55 Birchcroft Road, Braintree, MA”, dated August 29, 2017, and prepared by James E. McGrath, PLS. The petitioner also presented architectural and floor plans entitled “1st Floor Plan”, “2nd Floor Plan” and untitled elevations, labeled as Job. No. 2017-195, undated, and prepared by Walter A. McKinnon Associates, Inc. of Weymouth, MA. The Planning Board submitted a recommendation to endorse the staff recommendation of continuance due to no submission of side and rear elevation plans. No one else at the Zoning Board of Appeals spoke in favor of or opposition to the petition. Findings The Board found that the existing lot is pre-existing nonconforming in terms of lot area, frontage and width, as noted above. In addition, the Board found that the existing dwelling is pre-existing nonconforming in terms of the right side yard setback The Board also found that the proposed addition would not create any new zoning nonconformity. The Board further found that the proposed project will be designed appropriately and be comparable in size relative to the existing housing stock. Lastly, the Board found the proposed addition will not be substantially more detrimental to the neighborhood than the existing nonconforming structure. Decision On a motion duly made and seconded, the Board unanimously (3-0) voted to grant the requested finding, pursuant to Bylaw Section 135-403, in accordance with the plans submitted. APPROVAL OF MINUTES: On a motion made and seconded, the Board voted 5-0 to accept the October 23, 2017 meeting minutes. The Board adjourned the meeting at 7:30 pm. Town of Braintree ZBA Meeting Minutes October 23, 2017 3