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 22, 2018 IN ATTENDANCE: Stephen Karll, Chair Michael Ford, Member Richard McDonough, Member Stephen Sciascia, Associate Gary Walker, Associate ALSO PRESENT: Jeremy Rosenberger, Zoning Administrator Mr. Karll called the meeting to order at 7:00pm. OLD BUSINESS: 1) Petition Number: 18-17 Petitioner: Brian & Laura McGourty RE: 460R Pond Street The petitioner requested a continuance to November 26, 2018. On a motion made and seconded, the Board voted 3-0 to continue the public hearing to November 26, 2018. 2) Petition Number: 18-33 Petitioner: Marina Bay Management Svc., LLC RE: 871-873 Washington Street The petitioner requested a continuance to November 26, 2018. On a motion made and seconded, the Board voted 3-0 to continue the public hearing to November 26, 2018. Town of Braintree ZBA Meeting Minutes October 22, 2018 1 NEW BUSINESS: 1) Petition Number: 18-37 Petitioner: Mark & Amy Carnicelli RE: 54 Liberty Street Mark & Amy Carnicelli, 54 Liberty Street, Braintree, MA 02184 for relief from Bylaw requirements under Chapter 135, Sections 135-403 and 701 to construct two-story addition (637 sq. ft. building footprint) and 10’ x 16’ deck extension; additions will intensify existing rear yard setback deficiency (15.7’). The applicant seeks a permit, variance and/or finding that the proposed project will not be more detrimental to the neighborhood. The property is located at 54 Liberty Street, Braintree, MA 02184 and is within a Residence B Zoning District, as shown on Assessors Map 3023, Plot 46 and contains a total land area of +/- 12,480 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 22, 2018 at 7 p.m. Sitting on this case for the Zoning Board of Appeals were: Stephen Karll, Chairman; Michael Ford and Richard McDonough; and Stephen Sciascia, Alternate. Evidence The petitioner Mark Carnicelli explained they are seeking to construct a two-story side addition to allow for additional living space. The proposed addition to the first floor would add an eating/family room. The second floor addition would provide a new master suite. No attic will be provided as part of the addition. However, a full unfinished basement will be part of the new addition. Furthermore, a 10 ft. x 16 ft. addition to the existing rear deck is proposed. Lastly, the petitioner added the pre-existing 15.7 ft. rear yard setback (granted via variance on 11/24/1998) to the deck will be maintained. Mr. Ford felt that the addition was well designed. In addition, Mr. Ford stated the current rear yard operated more like a side yard due to the subject property being a corner lot. Mr. Sciascia felt the addition would actually “center” the dwelling more on the property. The petitioner's existing lot is nonconforming, as it contains 12,480 sq. ft., where 15,000 sq. ft. is required and provides 94.2 ft. of lot depth, where 100 ft. is required. The petitioner's existing single family dwelling is nonconforming as to the rear yard setback; the dwelling (via the single car garage) is located 4.2 ft. from the rear yard lot line, while the Zoning Bylaw requires a rear yard setback of 30 ft. The proposed additions will be 15.7 ft. from the rear yard setback and therefore maintain the nonconforming rear yard setback and not create any new zoning nonconformity. Accordingly, a finding is required pursuant to M.G.L. Chapter 40A, Section 6. As grounds for the finding, the petitioner noted the addition will not generate any new zoning nonconformity. Secondly, the petitioner noted the addition will be well designed, similar to the existing neighborhood characteristics and not be more detrimental to the neighborhood. The applicant presented the existing conditions plan entitled "Plot Plan, 54 Liberty Street, Braintree, MA”, dated December 8/29/18, and prepared by Donald G. Rosa of Walpole, Town of Braintree ZBA Meeting Minutes October 22, 2018 2 MA. The applicant also presented floor plans and architectural renderings entitled “Addition for Amy and Mark Carnicelli, 54 Liberty Street, Braintree, MA”, dated July 10, 2018, labeled A1, A2 and A3, and prepared by Noteworthy Residential Design of Pembroke, MA. 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 a certified foundation to the Planning & Community Development Department prior to vertical construction; and 3.) Submission of as-built plan to the Planning & Community Development Department prior to issuance of a Certificate of Occupancy. The petitioner submitted letter four letters of support from immediate abutters. No one else at the Zoning Board of Appeals spoke in favor of or opposition to the petition. Findings The Board found that the lot is pre-existing nonconforming in terms of lot area and depth. The Board found that the dwelling is pre-existing nonconforming in terms of the rear yard setback. The Board also found that the proposed additions will not create any new zoning non- conformity. The Board further found that the proposed additions will be designed appropriately and be comparable in size relative to the existing housing stock. Lastly, the Board found there was no opposition to the proposed project. As such, 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 and the following conditions: 1.) Any changes to the approved plans will require ZBA approval; 2.) Submission of a certified foundation plan to the Planning & Community Development Department prior to vertical construction; and 3.) Submission of an as-built plan to the Planning & Community Development Department prior to issuance of a Certificate of Occupancy. 2) Petition Number: 18-39 Petitioner: Arista Development, LLC RE: 107 Hancock Street The petitioner requested a continuance for the initial public hearing to November 26, 2018 to allow for more time for the petitioners to prepare for a hearing. On a motion made and seconded, the Board voted 3-0 to continue the public hearing to November 26, 2018. 3) Petition Number: 18-40 Petitioner: Steven Charbonnier RE: 101 Wildwood Avenue Steven Charbonnier, 101 Wildwood Avenue, Braintree, MA 02184 for relief from Bylaw requirements under Chapter 135, Sections 135-403, 407 and 701 to construct a family Town of Braintree ZBA Meeting Minutes October 22, 2018 3 room/mudroom addition (+/- 478 sq. ft. building footprint) to existing detached garage and single family dwelling; detached garage has existing side yard deficiency (3.1 ft.). The applicant seeks a permit, variance and/or finding that the proposed project will not be more detrimental to the neighborhood. The property is located at 101 Wildwood Avenue, Braintree, MA 02184 and is within a Watershed Residence B Zoning District, as shown on Assessors Map 1077, Plot 04, and contains a land area of +/- 11,912 sq. ft. Notice Pursuant to notice duly published in the Braintree Forum, 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 22, 2018 at 7 p.m. Sitting on this case for the Zoning Board of Appeals were: Stephen Karll, Chairman; Michael Ford and Gary Walker; and Stephen Sciascia, Alternate. Evidence The petitioner Steven Charbonnier discussed he is seeking to construct a family room/mudroom addition to an existing detached garage and single family dwelling. The addition would be one story and replace an existing rear deck and sunroom. The Zoning Administrator noted the proposed additions would cause the detached garage (located 3.3 ft. from right side yard setback) to be attached, as all the structures would touch and therefore requires a side yard setback variance. The petitioner noted the abutters were in favor of the proposed project. Chairman Karll noted the contradictory zoning regulations governing attached and detached garages. Namely, detached garages could be located 5 ft. from a side yard lot line while an attached garage had to be 10 ft. from a side yard lot line. Mr. Ford inquired if the detached garage would cease to be used as a garage. Mr. Charbonnier responded it currently is used as a playroom and has a space heater. The petitioner's existing lot area is nonconforming, as it contains only 1,912 sq. ft., where 43,560 sq. ft. is required. Also, the petitioner's existing lot width is nonconforming, as it provides 71 ft. of lot width, where 100 ft. is required. Accordingly, a finding is required pursuant to G.L. Chapter 40A, Section 6. A variance is required for relief from the side yard setback requirement. The proposed additions would connect the existing detached garage. The existing detached garage is 3.1 ft. from the side yard lot line. The existing dwelling is 16.3 ft. from the side yard lot line. The additions would cause the detached garage to be considered attached and would be within the required 10 ft. side yard setback. Therefore, a variance is required pursuant to Zoning Bylaw Section 135-407. As grounds for the variance, the petitioner noted the lot is asymmetrical in shape. Also, the middle to rear of the property moderately slopes downward. As a result of the unique shape and topography, the property is constrained with regard to constructing an addition that meets the zoning regulations. In addition, the petitioner stated the proposed project is well designed and has the support of the immediate abutters. The petitioner presented an existing plot plan entitled "Plan Showing Proposed Addition in Braintree, MA”, dated August 23, 2018, prepared by Miller Surveying Services of Quincy, MA. Town of Braintree ZBA Meeting Minutes October 22, 2018 4 The petitioner also presented floor plans and elevations entitled “Addition at 101 Wildwood Ave”, sheets X1, X2, A1 and A2, dated October 10, 2018, prepared by Timothy Sheehan Design of Charlestown, MA. The Planning Board submitted a recommendation to endorse the staff recommendation of continuance due to lack of plans and evidence of community support. No one else at the Zoning Board of Appeals spoke in favor of or opposition to the petition. Findings The Board found that the lot is pre-existing nonconforming in terms of lot area. The Board also found the detached single car garage is pre-existing non-conforming in terms of the accessory side yard setback. The Board found that due to the shape of the lot, which is highly asymmetrical, in addition to providing a rear year that slopes away significantly, the property is limited with regard to the placement of additions. Also, the Board found that by attaching the detached garage to the dwelling, no actual detriment will be caused. The Board further found there was no opposition to the proposed project and that the additions were appropriately designed. 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. 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, side yard variance 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 a certified foundation plan to the Planning & Community Development Department prior to vertical construction; and 3.) Submission of an as-built plan to the Planning & Community Development Department prior to issuance of a Certificate of Occupancy. 4) Petition Number: 18-41 Petitioner: Karen Fish-Will c/o Peabody Properties RE: 536 Granite Street Karen Fish-Will c/o Peabody Properties, 536 Granite Street, Braintree, MA 02184 for relief from Bylaw requirements under Chapter 135, Sections 135-407 and Article VIII to reduce off-street parking from 149 off-street parking spaces to 147; 153 off-street parking spaces are required and is deficient with regard to lot coverage. 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 536 Granite Street, Braintree, MA 02184 and is within a Highway Business Zoning District, as shown on Assessors Map 2040, Plot 4C, and contains a land area of +/- 71,155 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 22, 2018 at 7 p.m. Sitting on this case for the Zoning Town of Braintree ZBA Meeting Minutes October 22, 2018 5 Board of Appeals were: Stephen Karll, Chairman; Michael Ford and Stephen Sciascia; and Richard McDonough, Alternate. Evidence Brian Strohman and Cory Cormier of the Engineering firm Sampson, Gumpertz & Heger, on the behalf of Peabody Properties, explained to the Board they are seeking to replace an existing failed retaining wall at the rear of the property with a new wall of similar height. In addition, they are proposing a number of additional site improvements that include increased storm-water management, larger parking spaces and drive aisles, and landscaping. As part of the proposed improvements to the site, the off-street parking would be reduced from 149 off- street parking spaces to 147 spaces. Per zoning, they would need to provide 153 off-street parking spaces for the existing 38,199 sq. ft. office building (1 space per 250 sq. ft. for office use). Mr. Strahman discussed a parking demand assessment they prepared stated there are a total of eighty-two (82) full-time employees on site daily and thirty-nine (39) part-time employees, mostly working three (3) days a week. As such, there is more than enough off-street parking supplied to meet the current parking demands of the office building. Chairman Karll asked the petitioners if the entire retaining wall was to be replaced. The petitioner responded that the entire 300 ft. retaining wall was to be replaced as part of the project. Mr. Ford felt the decrease was minimal and would not be more detrimental to the neighborhood. A variance is required for relief from the lot coverage requirements pursuant to Zoning Bylaw Section 135-806. The proposed site alterations/improvements will decrease the pre- existing nonconforming lot coverage requirement, but not meet the current zoning requirement. The existing lot coverage is 78.4% and will be reduced to 77.8%, where the maximum lot coverage allowed is 75%. A variance is required for relief from the minimum off-street parking requirements pursuant to Zoning Bylaw Section 135-806; the Bylaw requires a minimum of one (1) space per 250 sq. ft. for office use. As such, the property requires a total of 153 off-street parking spaces based on the 38,199 sq. ft. office building. The proposed site plan portrays 147 off-street parking spaces. As grounds for the variances, the petitioner noted the property is constrained in all directions, which prevents the addition of parking spaces to meet the minimum off-street parking requirements. The north side of the site abuts a wetland buffer, and impacts to the conservation land will not be accepted by the Town of Braintree Conservation Commission. In order to fully meet the requirements of the bylaws, the parking lot would need to be expanded further into the wetland buffer zone and impervious green space would need to be converted to parking area, or a complete site re-design would be required. Taking this approach would be unacceptable to the Conservation Commission, require redesign of the storm-water drainage system, and would result in significant additional costs to the owner. To meet the requirements, a substantial modification to the site would be needed and would be extremely costly. The proposed parking variance will not affect any of the adjacent properties or the community in general. The proposed work mitigates public safety risk associated with the existing retaining wall and improves non-conforming site features, i.e. existing parking space dimensions. The objective of the zoning bylaw in the context of this project is to provide adequate off-street parking for the facility. The petitioner provided a summary that the current parking supply and proposed parking supply will be sufficient. Town of Braintree ZBA Meeting Minutes October 22, 2018 6  The petitioner presented an existing conditions site/plot plan entitled "Existing Conditions Survey, Peabody Properties, 536 Granite Street, Braintree Massachusetts”, labeled EX-1, dated May 2, 2018, and prepared by Simpson Gumpertz & Heger of Waltham, MA. The petitioner presented a proposed site/plot plan entitled "Overrall Site Plan”, labeled C-3, dated September 7, 2018, and prepared by Simpson Gumpertz & Heger of Waltham, MA. Lastly, the petitioner submitted a site plan entitled “Parking Comparison Plan”, labeled C-10, dated September 7, 2018, and prepared by Simpson Gumpertz & Heger of Waltham, MA. The Planning Board submitted a recommendation to endorse the staff recommendation of approval. No one else at the Zoning Board of Appeals spoke in favor of or opposition to the petition Findings The Board found that the lot coverage and off-street parking are pre-existing nonconforming. The Board found that the proposed reduction in off-street parking would be minimal. In an addition the Board found the petitioner had presented an analysis depicting the demand for off-street parking by the current office building was much lower than the number of parking space supplied. In addition, the Board found the petitioner had presented a hardship with respect to the unique shape of the lot, which is highly asymmetrical. The Board also found the property was constrained by the significant topographical slope and the adjacent wetlands to the north and east, limiting the ability of the property to meet the off-street parking requirements. The Board also found, despite the constraints of the site, the lot coverage would be slightly improved as compared to the existing conditions. The Board further found that the requested relief could be granted without nullifying or derogating from the purpose and intent of the zoning by-laws, and will be of benefit to the community. Decision On a motion duly made and seconded, the Board unanimously (3-0) voted to grant the requested variances from the lot coverage and off-street parking requirements, pursuant to Bylaw Section 135-407, in accordance with the plans submitted. 5) Petition Number: 18-42 Petitioners: Denise & Thomas Molloy RE: 73 Bradford Road Denise & Thomas Molloy, 7 Norfolk Road, Braintree, MA 02184 for relief from Bylaw requirements under Chapter 135, Sections 135-403, 407, 609 and 701 to demolish existing two- story, single family dwelling with detached two-car garage (+/- 1,284 sq. ft. building footprint) and construct new two-story single family dwelling with attached two-car garage (1,830 sq. ft. building footprint) on an undersized lot; proposed new dwelling will encroach into the rear yard setback (24 ft.). 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 73 Bradford Road, Braintree, MA 02184 and is within a Watershed Residence B Zoning District, as shown on Assessors Map 1073E, Plot 44, and contains a land area of +/- 13,528 sq. ft. Notice Pursuant to notice duly published in the Braintree Forum, a newspaper in general circulation, and posted at Town Hall, and by written notice pursuant to G.L. Chapter 40A, Town of Braintree ZBA Meeting Minutes October 22, 2018 7 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 22, 2018 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 Gary Walker, Alternate. Evidence The petitioners Denise & Thomas Molloy explained they are seeking to raze an existing single family dwelling and construct a new two-story, single family dwelling. The new dwelling would also provide an attached two-car garage and a 12 ft. x 24.5 ft. rear deck. Mrs. Molloy explained, that in order to maintain the oak trees in the front yard of the property, they would like to site the new dwelling further back on the lot than the original ZBA plan. The updated siting of the dwelling would encroach into the rear yard by 5 ft. Furthermore, the petitioners noted they were submitting a support petition from twenty-seven abutters/neighbors. Chairman Karll stated that the existing detached garage is closer to the adjacent property than the proposed new dwelling. Mr. Ford pointed out that the property is unique with regard to its shape; the property “pinches” down from north to south along the rear yard lot line and has a large radius at the corner of Bradford Road and Alden Road. The Zoning Administrator noted the petitioners had submitted a plan that depicted the proposed new dwelling as meeting all setback requirements. However, the petitioners were concerned the dwelling would be closer to the street than other houses in the area. As a result, the petitioners changed the siting of the new dwelling to the current location being discussed. Chairman Karll added the requested rear yard variance was similar to previously granted rear yard variances by the Board. The petitioner's existing lot is nonconforming, as it contains only 13,559 sq. ft., where 43,560 sq. ft. is required. The proposed reconstruction would intensify the existing undersized lot. Accordingly, a finding is required pursuant to G.L. Chapter 40A, Section 6. A variance is required for relief from the rear yard setback requirement pursuant to Zoning Bylaw Section 135-701. The proposed new dwelling would be located 24 ft. from the rear yard lot line, where 30 ft. is required. Therefore, a variance is required pursuant to Zoning Bylaw Section 135-407. As grounds for the variance, the petitioner noted the lot is a corner lot. The petitioners added the dwelling will actually be further from the rear yard setback than the existing detached garage which is about 12 ft. from the rear yard lot line. In addition, by locating the dwelling further back on the lot, they would be able to maintain the large oak trees in the front yard. Lastly, the petitioner stated the proposed project has the support of the immediate abutters. The petitioner presented an existing plot plan entitled "Plan of Land in Braintree, Massachusetts, 73 Bradford Street”, dated September 26, 2018, prepared by C S Kelley of Pembroke, MA. The petitioner also presented a site plan, floor plans and elevations entitled “Molloy Residence”, sheets AS110, A100, A110, A120, A201, A202, A203, A204, dated September 11, 2018, prepared by Joshua Knaper of Boston, MA. The Planning Board submitted a recommendation to endorse the staff recommendation of denial due to lack of a hardship. The petitioner submitted two letters of support and a petition of support containing twenty-seven signatures. Bill Joyce, an abutter, spoke in favor of the petitioners. No one else at the Zoning Board of Appeals spoke in favor of or opposition to the Town of Braintree ZBA Meeting Minutes October 22, 2018 8 petition. Findings The Board found that the existing lot is pre-existing nonconforming in terms of lot area. The Board found that due to the shape of the lot, which “pinches” down from north to south, and is a corner lot, the property is constrained with regard to meeting the rear yard setback. In addition, the Board found the topography of the lot, which slopes downward and away toward the northern portion of the lot, further constrains the siting of a new dwelling on the lot. Also, the Board found the proposed dwelling will actually be further from the rear yard lot line than the existing detached single car garage on the property. The Board further found there was no opposition to the proposed project and had presented an abundance of support. 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. Decision On a motion duly made and seconded, the Board unanimously (3-0) voted to grant the requested finding pursuant to Bylaw Section 134-403 and rear yard variance, pursuant to Bylaw Section 135-407, in accordance with the plans submitted. 6) Petition Number: 18-43 Petitioner: Boston Air Systems, Inc. RE: 115 Messina Drive Boston Air Systems c/o Jay Blazo, 115 Messina Drive, Braintree, MA 02184 for relief from Bylaw requirements under Chapter 135, Sections 135-407, 609 and 701 to construct 1,980 sq. ft. second story office addition and 1,380 sq. ft. two-bay attached warehouse; existing building/site is deficient with regard to the front and side yard setbacks, building coverage and lot coverage. 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 115 Messina Drive, Braintree, MA 02184 and is within a Watershed Commercial Zoning District, as shown on Assessors Map 1059, Plot 5L, and contains a land area of +/- 53,760 sq. ft. Notice Pursuant to notice duly published in the Braintree Forum, 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 22, 2018 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 Gary Walker, Alternate. Evidence Michael Joyce of Joyce Consulting Group, joined by the property owner/petitioner Jay Blazo of Boston Air Systems, Inc., discussed the petitioner is seeking to construct a 1,980 sq. ft. second story office addition above the existing 1,500 sq. ft. office portion of the building. The reason for the expansion is to increase the area available for air-duct manufacturing/fabrication. To allow for the expansion, they are seeking to move some of the first floor office area to the second floor, in addition to providing more conference rooms and associated office amenities. Town of Braintree ZBA Meeting Minutes October 22, 2018 9 In addition, the petitioners are seeking to construct a one-story, 1,380 sq. ft. warehouse building attached to the rear of the building. The proposed warehouse addition would provide for storage of equipment, ductwork and materials. The warehouse addition would replace current temporary structures located at the rear of the property. To address the Planning Board and Zoning Administrator’s concerns regarding the design of the proposed additions, the rear warehouse addition has been reduced to match the existing warehouse height and positioned in line with the existing building. Also, the second story office addition will be changed from a wood siding to a brick facade to match the first floor. Lastly, the petitioners are proposing new storm-water management systems, improved parking areas and overall enhanced landscaping. Chairman Karll asked the petitioner if the proposal meets the off-street parking requirements. Mr. Joyce replied that they do meet the regulations. Mr. Walker acknowledged the growth of the Boston Air Systems, Inc. from a small five person business to what is today a large regional supplier/fabricator of air duct systems. Mr. Sciascia wanted to ensure that the overall improvement plan would enhance the industrial area. The Zoning Administrator discussed the petitioner is required to go before the Planning Board for Site Plan review, which will address landscaping, fencing and storm-water management improvements to ensure the project is an improvement to the industrial area. Variances are required, as the proposed second story office addition and proposed site improvements will not meet the required front yard setback, building coverage and lot coverage requirements pursuant to Section 135-701. As far as the need for a front yard setback variance, the proposed new second story will intensify the pre-existing front yard deficiency of 29.8 ft. where 35 ft. is required. As far as the need for a building coverage variance, the proposed additions will increase the pre-existing nonconforming building coverage condition. The existing building coverage is 29.5% and will be increased to 32.6%. The zoning requirement allows for a maximum building coverage of 25%. As far as the need for a lot coverage variance, the proposed site improvements will decrease the pre-existing nonconforming lot coverage condition. The existing lot coverage is 91% and will be reduced to 86.8%. The zoning requirement allows for maximum lot coverage of 60%. As grounds for the variances, Mr. Joyce discussed the property is unique due to the irregular trapezoidal shape. In addition, the front yard setback is pre-existing nonconforming and to make it conforming would be a substantial financial hardship. The second floor addition will maintain the existing front yard setback. Furthermore, the proposed site improvements will slightly improve the pre-existing nonconforming lot coverage. Lastly, Mr. Blazo noted the site improvements will allow the Braintree business to grow. The petitioner presented a proposed site plan entitled "Proposed Site Plan, 115 Messina Drive, Braintree, MA 02184”, revised date October 22, 2018, and prepared by Joyce Consulting Group. The Planning Board submitted a recommendation to endorse the staff recommendation for a continuance due to need for an improved design of the proposed additions. No one else at the Zoning Board of Appeals spoke in favor of or opposition to the petition. Town of Braintree ZBA Meeting Minutes October 22, 2018 10  Findings The Board found the building is pre-existing nonconforming with regard to the front yard setback, left side yard setback, building coverage and lot coverage. The Board found the petitioner had presented a hardship with respect to the irregularly-shaped lot. The Board found that by granting the requested relief and variances, the proposed site improvements will significantly enhance the property and prospectively be a catalyst toward improvements to other properties in the area. The Board also found that the proposed increase in building coverage due to the new warehouse addition will be an improvement as compared to the existing temporary structures at the rear of the building. In addition, due to the proposed landscape improvements, the Board found the lot coverage will be slightly improved. Furthermore, the Board acknowledged the growth of a small business in the Town of Braintree and by granting the requested zoning relief, will ensure the company will continue to operate in the Town. 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, and will be appropriately designed. Decision On a motion duly made by and seconded, the Board unanimously (3-0) voted to grant the requested variances from Bylaw Section 135-701 for front yard setback, building coverage and lot coverage, pursuant to Bylaw Section 135-407, in accordance with the plans submitted. APPROVAL OF MINUTES: On a motion made and seconded, the Board voted 3-0 to accept the September 24, 2018 meeting minutes. On a motion made and seconded, the Board voted 3-0 to accept the 2019 ZBA Hearing Schedule. The Board adjourned the meeting at 8:45 pm. Town of Braintree ZBA Meeting Minutes October 22, 2018 11