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 17, 2018 IN ATTENDANCE: Stephen Karll, Chair Michael Ford, Member Richard McDonough, Member Stephen Sciascia, 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 January 28, 2019. On a motion made and seconded, the Board voted 4-0 to continue the public hearing to January 28, 2019. NEW BUSINESS: 1) Petition Number: 18-49 Petitioner: Carl & Kerry Stark RE: 9-11 Marietta Avenue Due to a legal advertisement error, the petitioner requested to Withdraw without Prejudice. On a motion made and seconded, the Board voted 4-0 to approve the request to Withdraw without Prejudice. Town of Braintree ZBA Meeting Minutes December 17, 2018 1 2) Petition Number: 18-50 Petitioner: Albert Spahiu RE: 66 Francine Road Albert Spahiu, 66 Francine Road, Braintree, MA 02184 for relief from Bylaw requirements under Chapter 135, Sections 135-403 and 701 to construct one-story rear addition (180 sq. ft. building footprint); proposed addition would maintain, but intensify pre-existing nonconforming rear yard setback (16.1 ft.) and is pre-existing nonconforming with regard to lot area, lot depth and side/rear yard setbacks. 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 66 Francine Road, Braintree, MA 02184 and is within a Residence B Zoning District, as shown on Assessors Map 2088, Plot 36, and contains a land area of +/- 8,314 sq. ft. 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 17, 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. The petitioner’s Albert and Lola Spahiu discussed they are seeking to construct a one- story 10 ft. x 8 ft. rear addition. The proposed addition to the first floor would provide for an expanded/new kitchen. Ms. Spahiu added that when they constructed the additions to the former one-story dwelling in 2013, they lacked the financial means to redo the kitchen. She discussed further the kitchen is much too small for the family and that the addition will not be noticeable from the adjoining streets. In addition, Ms. Spahiu presented pictures of the kitchen and a letter of support from the rear abutter. Mr. Ford stated while the house is large, the property is a corner lot and the petitioners had support from the rear abutter. Therefore, he did not have a concern with the addition. Chairman Karll found the addition would maintain the existing rear yard setback and would only be one-story in height. Mr. Sciascia discussed the scale of the addition, coupled with abutter support was sufficient for him to determine it is not more detrimental to the neighborhood. The petitioner's existing lot is nonconforming, as it contains only 8,314 sq. ft., where 15,000 sq. ft. is required and provides 80 ft. of lot depth, where 100 ft. is required. The petitioner's existing single family dwelling is nonconforming as to the side yard setback; the dwelling is located 6.8 ft. from the side yard lot line, while the Zoning Bylaw requires a side yard setback of 10 ft. The dwelling is also pre-existing nonconforming as to the rear yard setback; the dwelling is located 15.9 ft. from the rear yard lot line, while the Zoning Bylaw requires a rear yard setback of 30 ft. It should be noted the petitioner received Board approval by the way of a finding to construct a second story addition within the existing building footprint in 2013 (ZBA Decision No. 13-28). The proposed rear addition will expand the footprint by 180 sq. ft., but will maintain the pre-existing nonconforming rear yard setback of 15.9 ft. As such, the proposed addition will 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 has the support of the direct abutter and will not generate any new zoning nonconformity. Secondly, the petitioner noted the existing kitchen is extremely small, inadequate for their family, will be appropriately designed and not be more detrimental to the neighborhood. Town of Braintree ZBA Meeting Minutes December 17, 2018 2  The applicant presented the plan entitled "Plan of Land in Braintree, Massachusetts, 66 Francine Road”, dated August 6, 2018, and prepared by C.S. Kelley Land Surveyors of Pembroke, MA. The applicant also presented floor plans and architectural renderings entitled “Proposed Addition for 66 Francine Road, Braintree, MA 02184”, labeled 1.000, 1.001 and 1.002, dated undated and no preparer listed. The petitioners also submitted photographs of the existing kitchen. The Planning Board submitted a vote of no recommendation and the staff recommended a continuance. Laurel and Peter Lawrence, of 53 Alfred Road, submitted a letter of support. No one else at the Zoning Board of Appeals spoke in favor of or opposition to the petition. The Board found that the lot is pre-existing nonconforming in terms of lot area and depth. The Board found that the existing dwelling is pre-existing nonconforming in terms of the side and rear yard setbacks. The Board also found that the proposed rear addition 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 and in fact had support of the immediate rear abutter. As such, the Board found the proposed addition will not be substantially more detrimental to the neighborhood than the existing nonconforming structure. 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. 3) Petition Number: 18-51 Petitioner: Thao P. Tran RE: 34-36 Faulkner Place Thao P. Tran, 34-36 Faulkner Place, Braintree, MA 02184 for relief from Bylaw requirements under Chapter 135, Sections 135-403 and 701 to construct second story addition (+/- 505 gross living sq. ft.) within the existing building footprint; proposed addition would maintain, but intensify pre-existing nonconforming rear yard setback (19 ft.), expand living area of a pre-existing nonconforming use (two-family dwelling) and is pre-existing nonconforming with regard to lot area, lot width and side/rear yard setbacks. 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 34-36 Faulkner Place, Braintree, MA 02184 and is within a Residence B Zoning District, as shown on Assessors Map 2027, Plot 13, and contains a land area of +/- 4,137 sq. ft. 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 17, 2018 at 7 p.m. Sitting on this case for the Zoning Board of Appeals were: Stephen Karll, Chairman; Michael Ford and Stephen Sciascia; and Richard McDonough, Alternate. Tyler Le, on the behalf of petitioner Thao Tran, discussed they are seeking to construct a second story above the existing first floor living room and rear sun porch. Mr. Le stated he is the brother in-law of Ms. Tran and would also be the lead contractor for the project. Mr. Le stated the existing unit layouts are rather unique, undesirable and unsafe. Unit #1 occupies the majority of the first floor, providing a kitchen, bathroom and living room. The second floor is Town of Braintree ZBA Meeting Minutes December 17, 2018 3 completely dedicated to Unit #1, providing three bedrooms and one bathroom. Unit #2 has a living room/area in the basement/ground level and provides a bedroom, small kitchen and a bathroom on the remainder of the first floor. As part of the proposed project, the existing unit layouts would be completely reworked. The proposed new Unit #1 would occupy the entire first story, providing a kitchen/living/dining room, bathroom, two bedrooms and a master bedroom. The proposed new Unit #2 would occupy the entire second story, providing an identical layout as Unit #1. The basement area would be turned into shared storage space. Lastly, Mr. Le discussed the existing rear yard setback will be maintained and the additions would be within the existing building footprint. Chairman Karll asked the petitioner’s if they would be keeping the building as a two- family dwelling. Mr. Le replied they were going to maintain the two-family use. Mr. Sciascia discussed the proposed additions were consistent with the Board approving additions within building footprints and that the neighbors support the project. Mr. Ford concurred. The petitioner’s existing use of the building as a two-family dwelling is a pre-existing nonconforming use (Two-Family Dwelling in a Residence B Zoning District is Forbidden). In addition, the petitioner's existing lot is nonconforming, as it contains only 4,137 sq. ft., where 15,000 sq. ft. is required and provides 60.45 ft. of lot width, where 100 ft. is required. The petitioner's existing two-family dwelling is nonconforming as to the left side yard setback; the dwelling is located less than 1 ft. from the left side yard lot line, while the Zoning Bylaw requires a side yard setback of 10 ft. The dwelling is also pre-existing nonconforming as to the rear yard setback; the dwelling is located 19 ft. from the rear yard lot line, while the Zoning Bylaw requires a rear yard setback of 30 ft. The proposed second story additions will be within the existing building footprint and maintain the pre-existing nonconforming side and rear yard setbacks. As such, the proposed addition will not create any new zoning nonconformity. Therefore, the expansion/addition of a nonconforming use, pursuant to Braintree Zoning Bylaw Section 135- 403(a), and intensification of the pre-existing nonconformities, pursuant to M.G.L. Chapter 40A, Section 6, requires a finding. As grounds for the finding, the petitioner noted the additions will greatly improve the layouts of the units. In addition, the project will not generate any new zoning nonconformity. Furthermore, the 1st floor unit will be occupied by the owner and a family member will reside in the 2nd floor unit. Lastly, the additions will be appropriately designed and not be more detrimental to the neighborhood. The applicant presented the plan entitled "Proposed Plot Plan, 34-36 Faulkner Place, Braintree, Massachusetts”, dated September 23, 2018, and prepared by Scott M. Cerrato of Exeter, NH. The applicant presented an existing conditions plan entitled "Plot Plan, 34-36 Faulkner Place, Braintree, Massachusetts”, dated April 16, 2018, and prepared by Scott M. Cerrato of Exeter, NH. The applicant also presented floor plans and architectural renderings entitled “Two-Family Addition, 34-36 Faulkner Place, Braintree”, Drawing No.’s A0.1, A1.1, A1.2, A2.1, A2.2, S1.0, S1.1, S1.2, dated July 30, 2018 and prepared by BT Design of Quincy, MA. The Planning Board submitted a vote of no recommendation and the staff recommended 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. Al Jordani, an abutter, asked as to whether the building would be owner occupied and if the building would be used as a three-family dwelling. He expressed his concerns as the property has a history of Town of Braintree ZBA Meeting Minutes December 17, 2018 4 turnover. Also, as Faulkner Place is a very narrow street, parking is an issue. Mr. Le replied family members would occupy both units and would be maintained as a two-family dwelling. In addition, they provide parking for at least four vehicles. After hearing from Mr. Le, Mr. Jordani expressed his support for the project. Juan Ramos, of 37 Faulkner Place expressed his support for the project. No one else at the Zoning Board of Appeals spoke in favor of or opposition to the petition. The Board found that the use of the building as a two-family dwelling was a pre-existing use based on the evidence of past building permits/records presented by staff. In addition, the Board found that the existing lot is pre-existing nonconforming in terms of lot area and width. The Board found that the existing dwelling is pre-existing nonconforming in terms of the left side and rear yard setbacks. The Board also found that the proposed second floor 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 and in fact had support of abutters. As such, the Board found the proposed project will not be substantially more detrimental to the neighborhood than the existing nonconforming use. 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 APPROVAL OF MINUTES: On a motion made and seconded, the Board voted 4-0 to accept the November 26, 2018 meeting minutes. The Board adjourned the meeting at 7:30 pm. Town of Braintree ZBA Meeting Minutes December 17, 2018 5