Zoning Board of Appeals

Department of Planning and Community Development dd Melissa M. SantucciRozzi, Director 1 JFK Memorial Drive Braintree, Massachusetts 02184 msantucci@braintreema.gov Phone: 781-794-8234 Mayor ZONING BOARD of APPEALS Erin V. Joyce Stephen Karll, Chair Michael Ford, Member Richard McDonough, Member Zoning Board of Appeals Agenda Gary Walker, Alternate Monday, August 26, 2024 Tim Burke, Alternate Johnson Chambers – Town Hall 1 JFK Memorial Drive 7:00 PM OLD BUSINESS Petition #23-20 26 Brewster Avenue Timothy & Eryn Hemmert; James & Carol Lochiatto; Amy & Rachel Wallace; and Edith McGinn, Applicants, pursuant to MGL Chapter 40A, Sections 8 & 15, and Braintree Zoning Ordinance Chapters 135-102, 135-202, 135-201, 135-603, 135-609 and 135-1201 filed an Appeal of the Building Inspector’s May 22, 2023 response to a May 22, 2023 request for Enforcement of Zoning Violations. The property is located at 26 Brewster Avenue and is zoned Residence B Watershed, shown on Assessors’ Map 1078 Lots 20 and 57 with a combined land area of 21,562 Sq. Ft. NEW BUSINESS 7:00 PM Petition #24-17 34 Wilmarth Road Phillip Baker, Applicant, for relief from Braintree Zoning Ordinance pursuant to Chapters 135-403 and 135-701 to construct a 7.7 ft by 10 ft covered porch (77 total sq ft) in the front yard to the pre-existing non-conforming Single-Family Dwelling. The Applicant seeks a finding to construct the porch and stairs within the front yard setback at 12.3 ft where 20 ft is required (19.9 ft existing). The property is located at 34 Wilmarth Road, zoned Residence B as shown on Assessors Plan 2023 Lot 30 with a total lot area of 7,146 sq ft. Petition #24-18 83 Marshall Street Nancy A. McGrory, Applicant, for relief from Braintree Zoning Ordinance Requirements pursuant to Chapters 135-403, 135-407, 135-701 and 135-701 (Notes), to create two buildable lots from the existing lot. The Applicant seeks variances for the following: The Required Lot Area of 15,000 sq ft as Lot 57 has a lot area of 5,000 sq ft and Lot 58 has a lot area of 5,024 sq ft; Required Lot Width of 100 ft as Lot 57 has 50 ft and Lot 58 has 50 ft. The proposed lot line would change the existing dwelling’s left yard side setback from 52.2 ft to 2.2 ft where 10 ft is required; change the right yard side setback of the existing swimming pool from 56.6 ft to 6.6 ft where 10 ft is required; and change the right yard side setback of the existing pool shed from 51.0 ft to 1.0 ft where 10 ft is required. The Applicant seeks findings for the following existing non-conformities: the dwelling has a front yard setback of 9.1 ft where 20 ft is required and right yard side setback of 7.8 ft where 10 ft is required. The existing detached garage has a right yard side setback of 1.9 ft where 10 ft is required and a rear yard setback of 2.2 ft where 10 ft is required. The swimming pool has a left yard side setback of 7.9 ft where 10 ft is required. The pool shed has a rear yard setback of .5 ft where 5 ft is required. The property is located at 83 Marshall Street, zoned Residence B as shown on Assessors Plan 2011 Lot 42 with a total lot area of 10,024 sq ft. Petition #24-19 400 Grossman Drive Signature Signs, Applicant, for relief from Braintree Zoning Ordinance pursuant to Chapters 135-407 and 135- 904.2 to construct an 8.8125 ft by 33.167 ft (292 sq ft) wall sign. The Applicant is seeking relief to amend a 1997 Sign Review Board Decision, dated 7/14/1997, to increase the sign area from the approved 250 sq ft to 292 sq ft. The applicant seeks additional variances for the following: The proposed sign height is 8.8125 ft, where 4 ft is allowed; the proposed wall sign is visible to a major highway and a ground sign has already been permitted; and the proposed wall sign contains additional advertising not allowed per the Braintree Zoning Ordinance. The property is located at 400 Grossman Drive, zoned Highway Business District as shown on Assessors Plan 2019 Lot 4 Block 5 with a total lot area of approximately 34 acres. Petition #24-20 136 Shaw Street Phillip Baker, Applicant, for relief from Braintree Zoning Ordinance pursuant to Chapters 135-403 and 135-701 to demolish, reconstruct and relocate a Two-Family Dwelling on a pre-existing non-conforming lot. The Applicant seeks findings for the following: to reconstruct the Two-Family Dwelling within the Lot as the Lot Area is 10,800 sq ft where 15,000 sq ft is required; and the Lot Width is 77 ft where 100 ft is required. The property is located at 136 Shaw St, zoned Residence B as shown on Assessors Plan 3009 Lot 37 with a total lot area of 10,800 sq ft. Petition #24-21 314 Franklin Street Teresa C. Vangeli and Chris R. Barrett, Applicants, for relief from Braintree Zoning Ordinance pursuant to Chapters 135-403(A) and 135-701 to alter the roofline of the existing structure and to construct a 11 ft by 18.5 ft (203.5 sq ft) three-story addition to the pre-existing non-conforming Single-Family Dwelling. The applicant seeks a Finding as the proposed roof alteration and three-story addition is within the non-conforming western side yard setback between 6.4 ft – 7.4 ft, where 10 ft is required. The property is located at 314 Franklin Street, zoned Residence B and within the Watershed Protection Overlay District as shown on Assessors Plan 1022 Lot 5A with a total lot area of 43,624 sq ft. Petition #24-22 110 Hancock Street 110 Hancock Street LLC, Applicant, for relief from Braintree Zoning Ordinance pursuant to Chapters 135-402, 135-407, 135-701 and 135-701 (notes) to create two buildable lots from the existing lot. The applicant seeks variances for the following on Lot 1: The proposed lot line would change the rear yard setback to 5.5 ft where 35 ft is required; change the lot coverage to 94 percent where 75 percent is allowed; and change the open space coverage to 6 percent where 25 percent is required. The applicant seeks variances for the following on Lot 2: The Lot Depth of 64 ft where 200 ft is required. The proposed lot line would change the front yard setback to 16.2 ft where 35 ft is required; and change the side yard setback to 11.6 ft where 20 ft is required. The applicant seeks a Finding to extend the pre-existing non-conforming use of a Two-Family Dwelling on Lot 2. The property is located at 110 Hancock Street, zoned Commercial and within the MBTA 3 Red Line Village Overlay District as shown on Assessors Plan 1007 Lot 7 with a total lot area of 63,329 sq ft. ADMINISTRATIVE ITEMS Approval of Meeting Minutes: July 22, 2024 The Full Applications may be reviewed at the Department of Planning and Community Development in Braintree Town Hall at 1 J.F.K. Memorial Drive on Monday, Wednesday and Thursday from 8:30 AM to 4:30 PM, Tuesday from 8:30 AM to 7:00 PM and Friday from 8:30 AM to 1:00 PM or on the Town’s Website https://braintreema.gov/1060/Current-Applications. **Reasonable accommodations will be provided for persons with disabilities. To request accommodations, please call Braintree’s ADA Coordinator at 781-794-8327 at least seven business days in advance. Arrangements will be provided at no cost.**