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 November 26, 2018 IN ATTENDANCE: Stephen Karll, Chair Michael Ford, Member Richard McDonough, Member Stephen Sciascia, Associate Gary Walker, Associate ALSO PRESENT: Jeremy Rosenberger, Zoning Administrator John Goldrosen, Assistant Town Solicitor Mr. Karll called the meeting to order at 6:30pm. EXECUTIVE SESSION: On a motion made and seconded, the Board voted 5-0 to enter into Executive Session to discuss the following matters: 1.) McIntyre v. Braintree ZBA, et al., Land Court Case No. 14-MISC-481417 (RBF) 2.) Wood on Wood Road, Inc. v. Braintree ZBA, et al., Land Court Case No. 18-MISC-000388 (HPS) 3.) In re: Braintree ZBA and 383 Washington St. LLC, Housing Appeals Committee No. 2017- 05 On a motion made and seconded, the Board voted 5-0 to close the Executive Session at 7:00pm and return to the public hearing. OLD BUSINESS: 1) Petition Number: 18-17 Petitioner: Brian & Laura McGourty RE: 460R Pond Street Town of Braintree ZBA Meeting Minutes November 26, 2018 1  The petitioner requested a continuance to December 17, 2018. On a motion made and seconded, the Board voted 3-0 to continue the public hearing to December 18, 2018. 2) Petition Number: 18-33 Petitioner: Marina Bay Management Svc., LLC RE: 871-873 Washington Street The petitioner requested to withdraw the petition without prejudice. On a motion made and seconded, the Board voted 3-0 allow the petitioner to withdraw without prejudice. 3) Petition Number: 18-39 Petitioner: Arista Development, LLC RE: 107 Hancock Street The petitioner requested to withdraw the petition without prejudice. On a motion made and seconded, the Board voted 3-0 to allow the petitioner to withdraw without prejudice. NEW BUSINESS: 1) Petition Number: 18-38 Petitioner: Offices at 285 Washington Street Braintree LLC RE: 285-287 Washington Street The initial public hearing was held and continued to January 23, 2019 to allow for more time for the petitioner to update site plans, namely storm-water and landscaping provisions, due to concerns by the Board and abutters. On a motion made and seconded, the Board voted 3-0 to continue the public hearing to January 28, 2019. 2) Petition Number: 18-44 Petitioner: Jeanette & Richard Gaughan RE: 1592 Liberty Street Jeanette & Richard Gaughan, 1592 Liberty Street, Braintree, MA 02184 for relief from Bylaw requirements under Chapter 135, Sections 135-407, 609 and 701 to legalize 27’ circular above ground pool; pool was constructed within 10 ft. of side yard setback. 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 1592 Liberty Street, Braintree, MA 02184 and is within a Watershed Residence B Zoning District, as shown on Assessors Map 1095, Plot 2B, and contains a land area of +/- 13,501 sq. ft. Town of Braintree ZBA Meeting Minutes November 26, 2018 2  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 November 26, 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 Gary Walker, Alternate. Evidence The petitioners Jeanette and Richard Gaughan, explained they are seeking a variance to legalize a 27 ft. round above-ground pool. Specifically, they filed for a building permit on 7/12/18 for a 27 ft. above-ground pool. Per the plans associated with the building permit application, the above-ground pool was to be located 19.4 ft. from the left side yard lot line. However, the pool installer could not install the pool in the location depicted on the building permit plans due to excessive ledge/rock. As such, the petitioners asked the pool installer to place the pool 10 ft. from the left side yard lot line. However, the pool installer installed the above-ground pool 8.8 ft. from the side yard lot line due to ledge/rock conditions at the intended location. Furthermore, the pool installer misinterpreted where the side yard lot line was located. Ms. Gaughan explained the whole process unfortunately was the result of miscommunication between the pool installer and themselves. Chairman Karll acknowledged the petitioners had received support for the current location of the pool from the immediate affected abutter. Mr. Ford stated it appeared the petitioners had sought to try to do the “right thing” by building the pool to meet the setbacks. Unfortunately, the property contains an abundance of ledge. A variance is required for relief from the accessory structure setback requirement. The constructed above-ground pool is located 8.8 ft. from the left side yard lot line, where the zoning bylaw requires a pool setback of 10 ft. from a side or rear yard lot line. Therefore, a variance is required pursuant to Zoning Bylaw Section 135-407. As grounds for the variance, the petitioner noted there is an abundance of ledge/rock outcropping on the property that necessitated the existing location of the pool. The petitioner also submitted a letter from the closest abutter stating they were in support of the requested zoning relief. The petitioner presented an existing plot plan entitled "Plan of Land in Braintree, Massachusetts, 1592 Liberty Street”, dated October 4, 2018, prepared by C S Kelley of Pembroke, MA. The petitioner also presented a previous plot plan entitled "Plan of Land in Braintree, Massachusetts, 1592 Liberty Street”, dated July 16, 2018, prepared by C S Kelley of Pembroke, MA. The petitioner also presented a deck plan entitled “Pool Deck for Michael Letourneau”, dated September 22, 2018, prepared by William F. Lee, AIA of Duxbury, MA. The Planning Board submitted a recommendation to endorse the staff recommendation of approval. The petitioner submitted one letter of abutter support. No one else at the Zoning Board of Appeals spoke in favor of or opposition to the petition. Town of Braintree ZBA Meeting Minutes November 26, 2018 3  Findings The Board found that the existing lot is pre-existing nonconforming in terms of lot area. The Board found that due to the existing soil conditions, namely the abundance of ledge, the petitioners are constrained with regard to placement of the proposed in-ground pool. As such, the proposed location of the in-ground pool is the only suitable location on the property. The Board found the petitioners had wanted to build the pool to meet the setbacks, but unfortunately could not due to ledge. Furthermore, the Board found the immediate abutter supported the location of pool and requested zoning relief. Lastly, 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. Decision On a motion duly made and seconded, the Board unanimously (3-0) voted to grant the requested accessory structure setback variance, pursuant to Bylaw Section 135-407, in accordance with the plans submitted. 3) Petition Number: 18-45 Petitioner: Marcus Hansen RE: 74 Walnut Street Marcus Hansen, 74 Walnut Street, Braintree, MA 02184 for relief from Bylaw requirements under Chapter 135, Sections 135-403 and 701 to demolish existing rear deck and construct two-story addition (208 sq. ft. building footprint) within the existing deck footprint; proposed addition would maintain, but intensify pre-existing nonconforming rear yard setback (21.5 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 74 Walnut Street, Braintree, MA 02184 and is within a Residence B Zoning District, as shown on Assessors Map 2036, Plot 04, and contains a land area of +/- 5,015 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 November 26, 2018 at 7 p.m. Sitting on this case for the Zoning Board of Appeals were: Michael Ford, Richard McDonough and Stephen Sciascia; and Gary Walker, Alternate. Evidence The petitioner Marcus Hansen discussed he is seeking to raze an existing rear deck and construct a two-story rear addition within the deck footprint. The proposed addition to the first floor would expand the existing kitchen. The second floor would provide a master suite. The proposed addition would provide a full foundation and not a crawlspace as depicted in the submitted plans. Lastly, the petitioners stated the addition was to provide more living space for their family and they only have one full bathroom. The petitioner's existing lot is nonconforming, as it contains only 5,015 sq. ft., where 15,000 sq. ft. is required, provides 60 ft. of lot width, where 100 ft. is required, and provides 80.7 Town of Braintree ZBA Meeting Minutes November 26, 2018 4 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 (deck) is located 21.5 ft. from the rear yard lot line, while the Zoning Bylaw requires a rear yard setback of 30 ft. The proposed addition will be built within the existing deck footprint 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 be within the existing deck footprint and not generate any new zoning nonconformity. Secondly, the petitioner noted the addition will be similar to the existing neighborhood characteristics and not be more detrimental to the neighborhood. The applicant presented the plan entitled "Plan Showing Proposed Two Story Addition, 74 Walnut Street, Braintree, MA 02184”, dated September 18, 2018, and prepared by Bayview Survey of Abington, MA. The applicant also presented floor plans and architectural renderings entitled “Hansen Residence, 74 Walnut Street, Braintree, MA 02184”, labeled A1, A2, A2.1, A2.2, A3, A3.1, A4, A4.1, A5, A5.1, A6, S1, S1.1, dated November 5, 2018 and prepared by Rockwood Design, Inc. of Marshfield, 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. 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, width and depth, as noted above. The Board found that the existing 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 addition 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. 4) Petition Number: 18-46 Petitioners: Properties RE Company, Inc. RE: 31 Peach Street Town of Braintree ZBA Meeting Minutes November 26, 2018 5  Properties RE Company, Inc., 10 Kathleen Drive, Holbrook, MA 02343 for relief from Bylaw requirements under Chapter 135, Sections 135-403 and 701 to demolish existing 2.5 story, single family dwelling (+/- 788 sq. ft. building footprint) and construct new two-story single family dwelling (+/- 1,272 sq. ft. building footprint) on an undersized lot. 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 31 Peach Street, Braintree, MA 02184 and is within a Watershed Residence B Zoning District, as shown on Assessors Map 1089, Plot 82, and contains a land area of +/- 18,155 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 November 26, 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 Attorney Carl Johnson, representing the petitioner Stephen Zeboski, discussed the petitioner is seeking a finding pursuant to G.L. Chapter 40A, Section 6 and Sections 135-403 and 609 of the Braintree Zoning Bylaws. The project seeks to demolish an existing blighted single family dwelling and construct a new single family dwelling. Attorney Johnson noted the current dwelling is accessed via a driveway off of Peach Street. The existing driveway would be removed. A driveway to the new dwelling off of Arlington Avenue would be provided. Mr. Johnson added, the existing Greek revival style dwelling was constructed in 1850, about 100 years before the enactment of zoning in Braintree. As such, the property and dwelling are pre- existing nonconforming with regard to lot area, width and front setback. The new dwelling will comply with the front yard setback. Lastly, the new Garrison-style dwelling will be respectively scaled to the lot and not be substantially more detrimental to the neighborhood than the existing structure. Mr. Ford asked if the strand of trees on the property adjacent to Arlington Avenue would be removed. The petitioner stated they would remove only trees or foliage deemed unhealthy. The petitioner's existing lot is nonconforming, as it provides 18,155 sq. ft., where 43,560 sq. ft. is required and provides 75 ft. of lot width where 100 ft. is required. The existing dwelling is nonconforming as it is 9.5 ft. from the front yard setback, where 10 ft. is required. The reconstruction will comply with the front yard setback, but intensify the nonconforming lot due to the larger dwelling. Accordingly, a finding is required pursuant to G.L. Chapter 40A, Section 6. The petitioner presented an existing plot plan entitled "Site Plan of Land, 31 Peach Street, Braintree, MA, Norfolk County”, dated September 17, 2018 and prepared by Hoyt Land Surveying of Weymouth, MA. The petitioner also presented floor plans and elevations, sheets 1 thru 6, dated June 6, 2018 and prepared by Walter A. McKinnon Associates, Inc. of Weymouth, 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 Town of Braintree ZBA Meeting Minutes November 26, 2018 6 to vertical construction; and 3.) Submission of as-built plan to the Planning & Community Development Department prior to issuance of a Certificate of Occupancy. Joe Crosby of Arlington Ave voiced his opposition due to potential for increased traffic and ability for Arlington Avenue to accommodate an increase in traffic. Mr. Crosby also discussed the desire to have Arlington Avenue become a public way and be paved. Chairman Karll responded the pursuit of making Arlington Avenue a public way was beyond the powers of the Board and rests with the collective owners of Arlington Avenue. Phil of 43 Arlington Avenue expressed opposition due to the potential for blocking access on Arlington Avenue and concern regarding construction vehicles. The petitioner responded all construction vehicles would be located on the property. In addition, the existing driveway off of Peach Street would be maintained for construction purposes so as to not disrupt Arlington Avenue. Mike Bosco of 41 Peach Street asked about the fence between his property and the subject property. He added the plans portray the fence on the subject property, whereas he had a survey done previously that depicted the fence on his property. Mr. Zeboski state he would be work with Mr. Bosco to replace the fence with a more appropriate/desirable one. 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 and width. In addition, the Board found that the existing dwelling is pre-existing nonconforming in terms of the front yard setback. The Board found that the proposed new dwelling would not create any new zoning nonconformity, but in fact conform to the front yard setback. In addition, the Board found, that the existing dwelling was dilapidated due to past domestic animal issues and unable to be saved or reused. Furthermore, the Board found that the proposed project will be designed appropriately and be comparable in size relative to the lot and the surrounding housing stock. Lastly, the Board found the proposed project 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. 5) Petition Number: 18-47 Petitioner: Tradewind Development LLC RE: 81 Lake Street Tradewind Development LLC, 45 Forest Street, Braintree, MA 02184 for relief from Bylaw requirements under Chapter 135, Sections 135-403, 609 and 701 to demolish existing one-story, single family dwelling (+/- 1,284 sq. ft. building footprint) and construct new two-story single family dwelling with attached single-car garage (+/- 1,525 sq. ft. building footprint); new dwelling will maintain pre-existing nonconforming side yard setback deficiency of 8.3 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 81 Lake Street, Braintree, MA 02184 Town of Braintree ZBA Meeting Minutes November 26, 2018 7 and is within a Watershed Residence B Zoning District, as shown on Assessors Map 1068, Plot 21, and contains a land area of +/- 8,974 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 November 26, 2018 at 7 p.m. Sitting on this case for the Zoning Board of Appeals were: Michael Ford, Richard McDonough and Stephen Sciascia; and Gary Walker, Alternate. Evidence The petitioners, Brian Cohoon and Jeff Jernegan of Tradewind Development LLC, explained they are seeking to raze the existing single family dwelling and construct a two-story dwelling. They highlighted the existing dwelling has been vacant for a couple years. The new dwelling would utilize the existing foundation and slightly expand the building footprint to the rear. The first floor would provide a kitchen, living room, family/office room, bathroom and single car garage. The second floor would provide a master-suite, a bathroom and three additional bedrooms. The existing dwelling has a basement. Furthermore, a 12 ft. x 20 ft. rear deck is proposed. The petitioner's existing lot is nonconforming, as it provides 8,974 sq. ft., where 43,560 sq. ft. is required and provides 70 ft. of lot width where 100 ft. is required. The existing dwelling is 8.3 ft. from the left side yard setback, where 10 ft. is required. The reconstruction will maintain the existing 8.3 ft. left side yard setback, but intensify the nonconformity due to vertical construction (two-story dwelling). Accordingly, a finding is required pursuant to G.L. Chapter 40A, Section 6. The petitioner presented an existing plot plan entitled "Plot Plan, 81 Lake Street, Braintree, MA Parcel ID: 1068-0-21”, dated October 6, 2018, prepared by Evanson R. Browne, PLS. The petitioner also presented floor plans and elevations entitled “Home Renovation, 81 Lake Street, Braintree, MA”, sheets A-0, A-1, A-2, A-3, S-1, S-2, and S-3 dated October 5, 2018, prepared by Bay Pointe Properties of 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. 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 and width. In addition, the Board found that the existing dwelling is pre-existing nonconforming in terms of the left side yard setback. The Board found that the proposed addition would not create any new zoning nonconformity. In addition, the Board found the pre-existing side yard setback deficiency is small (8.3 ft.) and that the immediate affected abutting property is Town of Braintree conservation land. As such, the reconstruction/additions will not adversely impact the Town of Braintree ZBA Meeting Minutes November 26, 2018 8 Town owned property. 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 project 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. 6) Petition Number: 18-52 Petitioner: Denis M. Healy and Josh Thompson RE: 491 Washington Street Denis M. Healy and Josh Thompson, 491 Washington Street, Braintree, MA 02184 for relief from Bylaw requirements under Chapter 135, Sections 135-403, 407, 601 and 701 to modify approved plans pursuant to Zoning Board of Appeals decision case number 18-03, dated February 26, 2018; petitioner seeks to alter approved front façade and ridge/roof line. The applicant seeks a permit, variance and/or finding that the proposed alteration is not more detrimental to the neighborhood. The property is located at 491 Washington Street, Braintree, MA 02184 and is within Residential C and Residence B District Zones, as shown on Assessors Map 2029, Plot 45 and contains a land area of +/- 6,571 sq. ft. Notice Pursuant to notice duly published in the Braintree Forum 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 November 26, 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 Gary Walker, Alternate. Evidence The petitioner’s architect, Dick Rockwood, explained they are seeking ZBA approval to modify approved plans pursuant to ZBA Decision 18-03. ZBA Decision 18-03 granted approval to construct additions to an existing two-family dwelling, expanding the building footprint from 1,452 sq. ft. to 1,563 sq. ft. The Zoning Administrator noted that in October 2018, he visited the subject property and noticed the constructed roof lines and facades did not appear to be consistent with the plans approved by the Board on February 26, 2018. The Zoning Administrator discussed the issue with the Building Inspector, who visited the site and determined that the ongoing construction had indeed varied from the approved plans. As such, the Building Inspector issued a stop work order directing the owners to file an appeal to seek modification of the approved plans. Town of Braintree ZBA Meeting Minutes November 26, 2018 9  Mr. Rockwood presented updated plans that portrayed the changes from the approved plans. Namely, he pointed out the front facade had been altered/changed to be two-stories in the front compared to 1.5 stories. In addition, Mr. Rockwood highlighted they are proposing new façade details to improve and mimic the approved design. The petitioner’s framing contractor explained due to the poor condition of the existing structure/framing and extensive demolition, they were not able to recreate the approved plans. As a result, the front of the structure was changed from 1.5 stories to two-stories. The rest of the structure would be the same as the approved plans. Mr. Karll stated the petitioners and their contractor should have known that deviating from the approved plans was not allowed without ZBA authorization. The Board emphasizes that condition at ZBA hearings. He added these changes are very noticeable and located on a main street. Mr. Thompson discussed it was a miscommunication between himself and the framing contractor. Chairman Karll said the ultimate responsibility is held by the petitioners and it was up to them to build according to the approved plans. Mr. Ford understood the changes, but stated his concern that the changes affect the massing and overall size/feel of the structure. Mr. Rockwood stated the change in height from 1.5 to two-stories only affected a stairway and a portion of a master bedroom. The total living sq. ft. is not changing. Mr. Karll further discussed they will be following the project and future projects to ensure they are built according to the approved plans. As grounds for the modification of the decision, the petitioners and architect noted the changes to the plans were necessary for safety of the approved additions. Mr. Thompson stated the changes will not be more detrimental to the neighborhood as the design changes are minor. The petitioner presented a certified plot plan entitled “As-Built Plan Showing Building Additions at 491 Washington Street in Braintree, Mass.”, dated November 8, 2018, and prepared by Neponset Valle Survey Assoc., Inc. The petitioner also presented updated architectural/floor plans entitled "ZBA Submittal 11/05/2018”, titled “East Elevations”, “North Elevations”, “West Elevations”, and “South Elevations”, dated February 21, 2018 and prepared by Rockwood Design, Inc. of Marshfield, 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; and 2.) Submission of a certified foundation to the Planning & Community Development Department prior to vertical construction. 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 indeed deviated from the approved plans as granted by ZBA Decision 18-03. Specifically, the Board found that the approved plans maintained a 1.5 story design for the front façade, but the petitioner had constructed a full second story. The Board found that petitioner had presented updated plans to mimic the look of the approved plans pursuant to ZBA Decision 18-03 by adding roof/ridge rakes, an improved front entry way and raised roof above the existing front bay window. While the Board found that the petitioner failed to notify the Building Department and/or the Zoning Administrator of the changes, the Board found that if presented the modified plans at the original hearing, they would have likely approved a full two-story for the front elevation. Furthermore, the Board found no opposition to the proposed changes. As a result, the Board concluded that the requested Town of Braintree ZBA Meeting Minutes November 26, 2018 10 modification would not be substantially more detrimental to the public good or substantially depart from and derogate the intent and purpose of the Zoning Bylaws. Decision On a motion duly made and seconded, the Board unanimously (3-0) voted to approve the requested modification of the approved plans pursuant to ZBA Decision 18-03, dated February 26, 2018, in accordance with the plans submitted and the following additional condition: 1.) Any changes to the approved plans will require ZBA approval. APPROVAL OF MINUTES: On a motion made and seconded, the Board voted 3-0 to accept the October 22, 2018 meeting minutes. The Board adjourned the meeting at 9:00 pm. Town of Braintree ZBA Meeting Minutes November 26, 2018 11