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 December 18, 2017 IN ATTENDANCE: Stephen Karll, Chair Michael Calder, Member 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 Carl Johnson, the petitioner, requested to withdraw the petition without prejudice. On a motion made and seconded, the Board voted 3-0 to grant the petitioners request to withdraw the petition without prejudice. 2) Petition Number: 17-43 Petitioner: K. Ingber, Tr. Wood Road Nominee Trust and Wood Road Realty LLD RE: 290 Wood Road The petitioner requested the initial public hearing to be continued to January 22, 2018. On a motion made and seconded, the Board voted 3-0 to continue the initial public hearing to January 22, 2018. Town of Braintree ZBA Meeting Minutes December 18, 2017 1 3) Petition Number: 17-44 Petitioner: Karen Haffner RE: 45 Town Street Karen Haffner c/o Palmucci Law, 23 Mechanic Street, Quincy, MA 02169 for relief from Bylaw requirements under Chapter 135, Sections 135-403, 407, 609 and 701 for zoning relief to divide the current 64,307 sq. ft. lot with an existing single family dwelling into two separate lots; Lot A would be 43,582 sq. ft. and meet all zoning dimensional requirements and Lot B would 20,725 sq. ft. and contain the existing single family dwelling (previous ZBA Case #17-15 withdrawn). 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 45 Town Street, Braintree, MA 02184 and is within a Watershed Residential B District Zone, as shown on Assessors Map 1043, Plot 3 and contains a land area of +/- 64,307 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 December 18, 2017 at 7 p.m. Sitting on this case for the Zoning Board of Appeals were: Stephen Karll, Chairman; Michael Ford and Michael Calder, Members; and Richard McDonough, Alternate. Evidence On behalf of the petitioner, Attorney Brian Palmucci, joined by civil engineer Shawn Hardy, explained the petitioner is seeking to create two lots where there currently exists one lot. The petition is the same proposal as a previous petition that was withdrawn without prejudice (ZBA petition #17-02). The existing lot is 64,307 sq. ft. A single family dwelling, constructed in approximately 1850, already exists on the subject property. Mr. Palmucci described the subject property contains the childhood home of the petitioner and her siblings, and was recently inherited by them after the passing of their mother. The existing home on the property needs significant updating which the petitioner seeks to potentially undertake. The existing acre and a half lot lies within a Watershed Protection District ("WPD"). The WPD requires a full acre per buildable lot (43,560 sq. ft.). As such, Attorney Palmucci said the proposed subdivision would create a one acre lot (Lot A) that would meet all the dimensional and density zoning requirements, and would require a variance for a lot that would contain the existing dwelling (Lob B). The proposed Lot B would be 20,725 sq. ft. The proposed undersized lot would meet all the other dimensional and density zoning requirements. Civil Engineer Shawn Hardy briefly described the arbitrary hardship created by the WPD. Specifically, he noted the WPD was established without any scientific basis and does not in fact utilize modern methods of controlling storm-water and drainage. Chairman Karll asked the petitioner what would protect the existing dwelling from being demolished. Attorney Palmucci discussed the owners have received interest from parties looking to potentially rehab the dwelling. He also pointed out a number of similar dwellings that had in fact been improved and not demolished. Member Ford pointed out that the petitioners were creating the hardship by subdividing the property. He further added the ZBA has consistently voted against creating undersized lots. Member Calder agreed with Mr. Ford. Attorney Palmucci responded that the WPD was in fact creating an arbitrary hardship. Mr. Karll Town of Braintree ZBA Meeting Minutes December 18, 2017 2 felt the proposed property sizes would be similar, if not larger, than the majority of properties in the surrounding area. Mr. Sciascia pointed out that an approval of the variance request could be precedent setting. A variance is required for relief from the lot area zoning requirements. The existing 45 Town Street lot area is 64,307 sq. ft. As a result of the proposed lot subdivision, the Lot B area will be 20,725 sq. ft., where 43,560 sq. ft. is required. As grounds for the request variance, Attorney Palmucci noted the hardship related to the WPD requirements. Due to the location of the lot within a Watershed Residence B Zoning District, the lot is subject to much higher lot area and coverage requirements. If the proposed Lot B were held to Residence B standards, it would be considered a conforming lot. Furthermore, from a lot contextual perspective, abutting lots vary in size from 6,630 sq. ft. to up to almost an acre. The majority of lot sizes are in the 15-25,000 sq. ft. range. Furthermore, the petitioner has submitted a petition documenting 23 signatures of support. Lastly, Attorney Palmucci stated the goal of the division of land is to use the proceeds of the sale of Lot A to improve the existing single family dwelling, which the petitioner states needs significant updating and repair due to its age. The applicant presented the plan entitled "Plan of Land”, dated March 20, 2017 and prepared by Hoyt Land Surveying of Weymouth, MA. The Planning Board submitted a recommendation to endorse the staff recommendation of approval. The petitioner submitted a letter of support from twenty-three (23) abutters/surrounding residents. Evelyn Kelleher, of 36 Tower Hill Road, spoke in support of the petition. Dennis Corvi, of 58 Town Street, spoke in support of the petition. Paula and Gail Orinofski, of 65 Town Street, spoke in support of the petition. Bill Hedlund, spoke in support of the petition. No one else at the Zoning Board of Appeals spoke in favor of or opposition to the petition. Findings The Board found that the petitioner had not demonstrated the need for relief from the Zoning Bylaws. Specifically, the Board found that the applicant had failed to establish a hardship owing to the shape, soil or topography of the site. Moreover, the Board found that the purported hardship regarding the creation of an undersized lot, was of the petitioner’s creation, was not unique to the property, and was insufficient to establish or warrant relief. The Board also concluded that the request relief would be detrimental to the public good, as it would have the potential to be precedent setting. Lastly, the Board found the proposal would nullify or substantially depart from and derogate the intent and purpose of the Zoning Bylaws. Decision On a motion duly made and seconded, the Board voted 2-1 to deny the requested variance, pursuant to Bylaw Section 135-407. Town of Braintree ZBA Meeting Minutes December 18, 2017 3 4) Petition Number: 17-46 Petitioner: William Wong RE: 18 Ellsworth Street The petitioner discussed with the Board that he had been unable to have a meeting with the rear abutter. The Board asked the petitioner to continue the public hearing to January 22, 2018 to allow time to discuss the issue with the rear abutter. The petitioner agreed to the public hearing extension. On a motion made and seconded, the Board voted 3-0 to continue the public hearing to January 22, 2018. NEW BUSINESS: 1) Petition Number: 17-50 Petitioner: Heather Dudko RE: 170-180 Pearl Street Heather Dudko, 2 Phoebe Way, Worcester, MA 01605 (Property Owner, Ivory Plaza LTD Partnership) for relief from Bylaw requirements under Chapter 135, Sections 135-407, 904.2 and 908 to install one (1) 100 sq. ft. illuminated wall sign and two (2) tenant panels on existing directory ground signs for tenant HomeSense. The applicant seeks a permit, variance and/or finding that the proposed alteration is not more detrimental to the neighborhood. The property is located 180 Pearl Street, Braintree, MA 02184 and is within a Highway Business District Zone, as shown on Assessors Map 1029, Plot 18, and contains a land area of +/- 7.28 acres. 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 December 18, 2017 at 7 p.m. Sitting on this case for the Zoning Board of Appeals were: Michael Ford, Stephen Sciascia and Richard McDonough, Members; and Stephen Karll, Alternate. Evidence The petitioner Heather Dudko, explained that HomeSense, a TJ Maxx company, is seeking to provide signage for a currently under construction new retail store. Along with TJ Maxx and HomeGoods, HomeSense will occupy the space utilized by Cardi’s Furniture at Ivory Plaza. Signage for TJ Maxx and HomeGoods were separate petitions. HomeSense is seeking to install one (1) 100 sq. ft. illuminated wall sign and two (2) tenant panels on existing directory pylons. Chairman Karll and Mr. Ford expressed they did not have an issue with the proposed size of the wall sign as the retail site’s location is unique and not highly visible. In addition, they would like to support Braintree’s existing retail tenants. Furthermore, Mr. Karll acknowledged the actual lettering would be less than 4 feet in height; the height of the sign was due to the signage panel/backing. The petitioners seek the following signage variances: Town of Braintree ZBA Meeting Minutes December 18, 2017 4  • Variance from Section 135-904.2 (A)(5)(b): The Braintree Zoning Bylaw states “No wall sign shall exceed four feet in overall height.” The proposed HomeSense wall sign is 10 ft. in height. • Variance from Section 135-904.2 (A)(5)(c): The Braintree Zoning Bylaw states “No wall sign shall be visible to the major highway, if a ground sign has been permitted.” The Petitioner is seeking to add signage on the existing directory ground sign. In this case, both the ground sign facing Pearl Street and the proposed wall sign would be visible to Pearl Street (the “major highway”). As grounds for the variances, the petitioner noted the large “brick & mortar” stores are located up on a hill and difficult to see from the major roadway (Pearl Street). The location is also a large distance from Pearl Street. In addition, the proposed signage will not be oriented or be visible to any immediate residential areas. The petitioner discussed the new signage will be scaled appropriately relative to the new proposed facades. Comparatively, past ZBA signage cases for the location have included wall signs that were 6’ and 8’ in height. Also, while the height of the sign exceeds the signage requirements, the actual size of the lettering will be less than 48” in height, and will be appropriately designed. As evidenced by the prior ZBA approvals noted above, the proposed signage will be consistent with previously granted variances. The petitioner presented signage plans entitled “HomeSense”, dated November 2, 2017, and prepared by American Sign, Inc. The Planning Board submitted a recommendation to endorse the staff recommendation of approval with conditions: 1.) No sign illumination from 1am-6am, pursuant to Section 135-905. No one else at the Zoning Board of Appeals spoke in favor of or opposition to the petition. Findings The Board found that the proposed signage, when analyzed in relationship to the building and previous tenant signage, is appropriate in design, size and scale. The Board found the location of the retail store is uniquely situated higher than the primary roadway and setback significantly. In addition, the Board found that the petitioner had demonstrated the need for relief from the Zoning By-law as the proposed wall sign is necessary to identify the location of the business and for the traveling public to be safely directed to the businesses. Lastly, the Board found that the wall signs would be well designed, appropriate in terms of size and consistent with the architectural style of the existing building. As a result, the Board found relief can be granted without resulting in a substantial detriment to the public good and will not nullify the intent of the Zoning By-law. Decision On a motion duly made and seconded, the Board unanimously (3-0) voted to grant the requested variance from Bylaw Section 135-904.2, pursuant to Bylaw Section 135-407 and 908, in accordance with the plans submitted and the condition of no sign illumination from 1am-6am, pursuant to Section 135-905. Town of Braintree ZBA Meeting Minutes December 18, 2017 5 2) Petition Number: 17-55 Petitioner: Grace Baptist Church RE: 14 Storrs Avenue Grace Baptist Church, 101 Wales Avenue, Avon, MA 02322 for relief from Bylaw requirements under Chapter 135, Sections 135-407 and Article VIII for relief from the off-street parking requirements for change of use of the second floor unit from office to a church. The applicant seeks a permit, variance and/or finding that proposed alteration is not more detrimental to the neighborhood. The property is located at 14 Storrs Avenue, Braintree, MA 02184 and is within a General Business District Zone and Village Overlay District, as shown on Assessors Map 2028, Plot 50B, and contains a land area of +/- 42,283 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 December 18, 2017 at 7 p.m. Sitting on this case for the Zoning Board of Appeals were: Stephen Karll, Chairman; Richard McDonough and Michael Ford; and Steve Sciascia, Alternate. Evidence The petitioner, Grace Baptist Church of Stoughton, Inc., represented by Attorney Robert Kelly of Randolph, MA, discussed the church is seeking a variance from the off-street parking requirements for a proposed church use at 14 Storrs Avenue. Attorney Kelly was accompanied by Senior Pastor Sean Sears and Pastor Taylor Knaup, both of Grace Baptist Church. Attorney Kelly highlighted the church was issued a ST-2 Certificate of Exemption in 2008 and currently holds worship services at 101 Wales Avenue in Avon, MA. As far as programming, the church holds three weekend worship services at Avon; no worship services are during the week. The total average weekly worship service attendance in Avon is approximately 1,500 to 1,600 adults in an 800-seat sanctuary and 300 to 350 children in separate areas. The church encourages its worshippers to attend small prayer and bible study meetings called "life groups" during the week; however, life group meetings are held in private homes. Two youth groups meet at Wales Avenue during the week. Approximately 50 middle schoolers meet on Wednesday nights, and approximately 50 high schoolers meet on Friday nights. As far as the proposed church use at 14 Storrs Avenue, Attorney Kelly highlighted several people who attend worship services in Avon live in Braintree. The church has identified the 42,283 sq. ft. 14 Storrs Avenue property, with three existing office spaces/condos, as a suitable location in Braintree that would be more convenient for Braintree residents. The church is pursing the purchase of the vacant second floor commercial condo. The Braintree location will be in addition to the Avon location. The Braintree location would be based on the twelve-year old model that the church currently uses in Avon and previously described. Services on Sundays at the subject property would be held in a sanctuary roughly one-quarter of the size of the one in Avon. The church plans on holding one church service on Sundays, with the desire to eventually provide an additional service. There would be little to no programming or use of the church during the weekdays. The 6,920 sq. ft. commercial condo on the second floor is currently used as offices and is located in a General Business Zoning District and Village Zoning Overlay District. The existing Town of Braintree ZBA Meeting Minutes December 18, 2017 6 site provides 70 off-street parking spaces for the three commercial office units. The office street parking requirements for the building is 62 off-street parking spaces and therefore is compliant with the zoning requirements. Mr. Kelly described the proposed fit-out would include a 220 seat sanctuary space. The proposed floor plans also provide six individual rooms, totaling 1,470 sq. ft. The six rooms would function as “Kids worship/open space” during services and “Assembly” during non-service periods. As far as the need for the parking variance, the Mr. Kelly discussed the proposed use requires a minimum of 55 parking spaces based on the 220 person occupancy, per the Braintree Zoning Bylaws (1 space per 4 seats for church use). The Zoning Administrator has asked the petitioner to provide additional parking for the staff/persons to oversee the children in the 1,470 sq. ft. of “Kids worship/open space”. As such, the Zoning Administrator requested that the additional area should be parked at the off-street parking requirements for office space. The calculation would require six additional off-street parking spaces (1 per 250 sq. ft. for office use). Therefore, based on the combination of sanctuary occupancy and accessory space, the church would be required to provide 61 off-street parking spaces. Attorney Kelly pointed out, pursuant to Braintree Zoning Bylaw Section 135-804(A.), off-street parking is determined by all uses on the property, not individually. Therefore, the property would need to provide 95 off-street parking spaces to accommodate the change of use from office to church. Attorney Kelly discussed with the Board the church would be allocated 28 spaces for their condo unit, and presented a proposed agreement with the first floor condo unit to utilize 26 of their parking spaces for church services. Therefore, the church would be deficient by 7 off-street parking spaces. Attorney Kelly discussed the church would propose an occupancy of 216 people to meet the 54 off-street parking spaces the church could provide at the present time. Mr. Kelly expressed the 54 off-street parking spaces would accommodate the needs of the sanctuary and additional space for the kids worship areas. However, Mr. Kelly said the church would be open to reducing the size of the sanctuary if the Board felt the off-street parking spaces were necessary for the kids worship areas. Chairman Karll asked the petitioners if they would like to continue the public hearing to January to seek to secure a parking agreement with the third condo unit so the church would in fact have the entire 70 off-street parking spaces for church services. Mr. Karll also discussed an extension would provide the church more time to discuss their proposal with the neighborhood. Attorney Kelly expressed they have discussed the proposal with the neighborhood and have not heard any concerns. Furthermore, the church has been unable to discuss a shared parking arrangement with the owners of the third floor unit. In addition, any agreement would not be made until at least February or March of 2018 and the church would like to hold services in time for the 2018 Easter holiday (early April). Mr. Kelley said it has been difficult to reach the owners. That said, Attorney Kelly said the Church would like a decision by the Board at the present hearing. Chairman Karll noted that parking is a big issue in the area due to both the adjacent athletic fields, proposed Holland multi-family project and the nearby Temple. Mr. Sciascia highlighted the Storrs Avenue/Washington Street light is very short and insufficient for the traffic that would accompany the church services. Mr. Karll agreed the light is poorly timed. Chairman Karll asked about what kind of construction the church would need to undertake. Pastor Sears discussed they anticipate a 6-8 week internal build-out/renovation. There would not be any exterior additions or alterations. As far as outreach, the petitioners noted they had reached out to all the persons/businesses listed on the abutters list and the North Braintree Civic Association. The feedback was all positive. After further discussions, Attorney Kelly stated the church would reduce the proposed occupancy to 196 patrons, which would require 48 Town of Braintree ZBA Meeting Minutes December 18, 2017 7 off-street parking spots. The reduction would allow for the 6 additional off-street parking spaces requested by the Zoning Administrator to accommodate the kids worship areas. The reduced proposal would meet the total number of off-street parking space the church could currently provide (28 deeded and 26 shared with the 1st floor condo unit). Pastor Sears described the church utilizes volunteers to manage the parking and traffic during services and would do the same for the Storrs Avenue location. After testimony from the general public and discussions with the Board, the church agreed to institute no left turns onto Storrs Avenue after church services. The church also agreed to provide police detail(s) to manage vehicular traffic prior to and after church services. The Board members found the proposed conditions would be effective toward addressing the concerns of the public and Board members. Mr. Ford acknowledged that the church appears to be doing something right since they are looking to expand, as most church memberships seem to be in decline. Mr. McDonough asked Attorney Kelly if the church was proposing services on Saturday similar to the Avon location. Mr. Kelly responded services would only be on Sundays. As grounds for the variance, the petitioner has highlighted the unique parking demands can be satisfied by a shared parking arrangement on the property. The church's peak demands will occur at times when the remainder of the building is vacant. As stated, the petitioner’s highest parking demand will occur on Sunday’s when the church offers services. The properties current highest parking demand is Monday thru Friday from 9am to 5pm. Without a parking variance, the petitioner would be allowed a 112-seat sanctuary as a matter of right. The petitioner states a 112-seat sanctuary would be too small to meet the demands of the church and finance the commercial condo purchase. If necessary, the petitioner highlights the property is adjacent to the Town’s municipal parking lot off of Washington Street for any excess parking demand. While the petitioner notes the 70 off-street parking spaces at the property will more than meet the demands of the church, additional demand can be handled by using the municipal lot, which is not highly utilized on Sunday’s. The petitioner presented site plans entitled "Certified Plot Plan to Accompany the Sale of Unit 2, 14 Storrs Avenue, Braintree, MA. 02184”, dated November 1, 2017 and prepared by Moran Surveying Inc. of Pembroke, MA. The petitioner also presented floor plans entitled “Code Summary and Design Floor Plan”, labeled as A0.2 and A1.3.1, dated October 26, 2017 and prepared by Vanko Studio Architects of Boston, MA. The petitioner also presented a previous site plan and parking plan entitled “Site Plan and Parking Plan for 14 Storrs Avenue Condominium”, dated October 11, 2011, and prepared by Cavanaro Consulting of Norwell, MA. The petitioner also presented previous floor plans entitled “14 Storrs Avenue Condominium”, sheets 1-3, dated November 1, 2011 and prepared by Kurtz Design Studio of Southborough, MA. The Planning Board submitted a recommendation to endorse the staff recommendation of a continuance. Agnes Lynch, a member of First Baptist Church at 594 Washington Street, which would merge with the proposed Grace Baptist Church at Storrs Avenue, spoke in support of the proposal. Jeff Preston, of 153 Hollis Avenue, spoke in support of the petition. Anthony LaPuma, of 965 Liberty Street, spoke in support of the proposal. Alice Green, of 110 School Street, spoke in support of the proposal. Ron Walsh, 190 Jefferson Street, spoke in support of the proposal. Liz Paige, voiced a concern regarding the potential traffic impacts on Storrs Avenue by the way of cut- through traffic. Ms. Paige also discussed the potential impacts to the traffic signal at Storrs Avenue and Washington Street. Ms. Paige requested the petitioners provide police details during church services and not allow patrons to make a left hand turn when exiting the church location. John Haran, of 141 Walnut Street, voiced concern about the potential impacts to Storrs Avenue. Mr. Haran also discussed the church should seek to reach an agreement with the other condo unit Town of Braintree ZBA Meeting Minutes December 18, 2017 8 owner of the subject building to secure additional shared parking. No one else spoke in favor of or opposition to the petition. Findings The Board found that the property presents a unique hardship as the existing lot slopes significantly from east to west and the lot shape constrains the ability to provide the additional off-street parking spaces required for the church. The Board further found that a literal enforcement of the Zoning By-law parking provisions would prove to be an undue hardship to church, as the peak parking demands associated with the proposed church will be on Sunday’s when the office units will be vacant. As a result, the Board found that the sharing of the proposed 54 off-street parking spaces that the church has access to, would meet the parking demand. Furthermore, the Board noted the adjacent Town of Braintree lot, with over 50 off- street parking spaces, would provide any additional parking if needed, and is mostly vacant on Sundays. Lastly, the Board found that the requested relief could be granted without nullifying or derogating from the purpose and intent of the zoning by-laws, as adequate parking will be provided for both the church and the other building uses, vehicular access/egress during church services will be managed by police details, and the shared use of the parking area will not have a detrimental impact on the surrounding neighbors. Decision On a motion duly made and seconded, the Board unanimously (3-0) voted to grant the requested variance from the off-street parking requirements, pursuant to Bylaw Section 135- 407, in accordance with the plans submitted and the following conditions: 1.) Sanctuary maximum occupancy to be 196 people; 2.) Any increases to the maximum occupancy will require ZBA approval; 3.) Vehicles exiting onto Storrs Avenue after church services will be limited to right-turn only movements; and 4.) The church will provide police details during church services to ensure effective management of church vehicular traffic. 3) Petition Number: 17-56 Petitioner: John Carlson RE: Gordon Road John Carlson, 4 Millbrook Drive, Rockland, MA 02370 for relief from Bylaw requirements under Chapter 135, Sections 135-407 and 701 to construct a 1.5 story, single family (+/- 1,963 sq. ft. building footprint) on a vacant lot that does not meet the minimum lot area. 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 Gordon Road, Braintree, MA 02184 and is within a Residence B District Zone, as shown on Assessors Map 3002, Plot 03 and contains a total land area of +/- 11,000 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 December 18, 2017 at 7 p.m. Sitting on this case for the Zoning Board of Appeals were: Stephen Karll, Chairman; Michael Calder and Michael Ford; and Richard McDonough, Alternate. Town of Braintree ZBA Meeting Minutes December 18, 2017 9  Evidence Isabelle Montesi, from Hybrid Built Homes of Rockland, MA, discussed the petitioner is seeking to construct a new single family dwelling on an existing lot that is deficient with regard to lot size. The proposed single family dwelling will be a modern, cape-style dwelling with a building footprint of approximately 1,963 sq. ft. The single family dwelling would be for the petitioner to live in. Ms. Montessi highlighted a number of the Carlson family live on Gordon Road. Furthermore, the lot was purchased by Mr. Carlson’s grandfather in the 1940’s and had always intended to construct a family dwelling on it. The Town’s Zoning Administrator noted the property did not qualify as a protected nonconforming lot due to being in common ownership with Lot 163 (66 Gordon Road) from 1979 until at least 1994. Therefore, the subject property merged with Lot 163 for zoning purposes and lost its prior protected status as a buildable lot. Mr. Carlson noted 66 Gordon Road was sold in 1994 to a separate party. Member Ford discussed his concern with building on an undersized lot in East Braintree. However, Mr. Ford recognized that the property has existed as a vacant lot for a number of years within the Carlson family and that the property was comparable to other lots in terms of size in the immediate area. Member Calder expressed he was fine with the proposed single family dwelling. Chairman Karll recognized that the subject lot was larger than the majority of surrounding lots. Furthermore, he added the proposed single family dwelling was well designed and appropriate for the lot. A variance is required for relief from the lot area zoning requirements. The existing Gordon Road lot area is 11,000 sq. ft., where 15,000 sq. ft. is required. As grounds for the requested variance, the petitioner highlighted the lot slopes from an elevation of approximately 95 ft. at the rear lot line to 84 ft. at the front lot line. In addition, the petitioner discussed the property has been in the Carlson family for over 40 years and was always intended to be developed. The petitioners note the lot is bigger than the majority of properties in the immediate area. Lastly, the proposed single family dwelling will be scaled appropriately for the lot and the design will enhance surrounding property values and improve the Town’s housing stock. The petitioners presented a plot plan entitled "Plot Plan for 58 Gordon Road”, dated October 12, 2017 and prepared by C & G Survey Company of Scituate, MA. The petitioners also presented architectural elevations and floor plans entitled “Carlson”, sheets titled “Cover sheet, Elevations, First Floor Plan and Second Floor Plan, last dated September 28, 2017 and prepared by Hybrid Built Homes of Quincy, MA. The petitioners also presented a map/graphic depicting the housing stock along Gordon Avenue and an analysis of the area lot sizes. The Planning Board submitted a recommendation to endorse the staff recommendation of approval with conditions: 1.) Any changes to the approved plans will require ZBA approval. 2.) Submission of an as-built plan to the Planning & Community Development Department prior to issuance of a Certificate of Occupancy. Jeanie Mullen, of 111 Quincy Avenue, expressed her support for proposed project. Kathy Youngman, of 66 Gordon Road, stated her support for the proposed project. Eric Carlson, of 74 Gordon Road, stated his support for the proposed project. No one else at the Zoning Board of Appeals spoke in favor of or opposition to the petition. Town of Braintree ZBA Meeting Minutes December 18, 2017 10  Findings The Board found the petitioner had presented a unique hardship with respect to the sloping topography located on the lot. As a result, the unique topography has created a significant hardship with regard to developing the lot for a single family dwelling. In addition, the Board found the lot is consistent, if not larger, as to how the lots were originally laid out in the early 20th century. Furthermore, the Board found the Carlson family, which purchased the property in the 1940’s, had always intended to construct a single family dwelling for the family on the lot. The Board also found that the proposed new single family dwelling will meet the current zoning requirements for lot frontage, lot width, lot depth, setbacks, building height and building/lot coverages. Lastly, the Board further found that the proposed new single family dwelling will be designed appropriately, be comparable in size relative to the existing housing stock and would not be more detrimental to the neighborhood Decision On a motion duly made and seconded, the Board unanimously (3-0) voted to grant the requested variance for lot size, pursuant to Bylaw Section 135-407, in accordance with the plans submitted and the following conditions: 1.) Any changes to the approved plans will require ZBA approval. 2.) Submission of an as-built plan to the Planning & Community Development Department prior to issuance of a Certificate of Occupancy. APPROVAL OF MINUTES: On a motion made and seconded, the Board voted 5-0 to accept the November 26, 2017 meeting minutes. The Board adjourned the meeting at 9:45 pm. Town of Braintree ZBA Meeting Minutes December 18, 2017 11