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May14z 1 PERMIT TYPE PUBLIC HEARING DATE PROPERTY ADDRESS/ ZONE/LOT SIZE Finding May 14, 2020 4:00 PM 8 Kingsley Ave/Urban Residential C/6,000 sf CLICK FOR PERMIT FILE 32C-153 OWNER EXISTING USE John Kowalski Single Family Home Summary of Request: The applicant is seeking to demolish the house and build a new duplex with non-conforming rear setback. SITE 2 Compatibility with Zoning: The lot is non-conforming for lot depth and rear setback. However, the permit nature of the permit requires both a Planning Board review because of the size of the project and a ZBA Finding for expansion along a non-conforming rear setback only. The existing single family home ranges from 4.5’ to 5.5’ for setback. The proposed structure would increase the setback to 10+’. The required setback is 20’ so the new structure, though two story would double the rear setback though still not meeting it. The site size of 6,000 sf can accommodate two units by zoning so long as the other parameters within zoning are met (open space, parking, layout etc). Under 350-9.3 The Board must find that the footprint expansion and vertical expansion along the non- conforming setback is not substantially more detrimental to the neighborhood than the existing non- conforming setback. Staff Recommendation Staff has no concerns about the rear yard setback, though there remain issues for the Planning Board jurisdiction over driveway width, structure layout. The resulting project will improve the housing inventory by adding a unit and creating two highly energy efficient units to the City within the downtown core. NOTE: The Planning Board hearing on this project is at 7:45 PM May 14. 3 PERMIT TYPE PUBLIC HEARING DATE PROPERTY ADDRESS/ ZONE/LOT SIZE Special Permit May 14, 2020 5:30 PM 28 Norfolk/URA/7,400 sf CLICK FOR PERMIT FILE 24A-152 OWNER EXISTING USE Philip Fitz Single Family Home Summary of Request: The applicant is seeking to add onto the rear and side of the home for a bedroom and two-car garage. Compatibility with Zoning: The existing home complies with zoning except for the right side yard setback (facing the home from the street). This is 10’ instead of the required 15’. SITE 4 The proposed setback for the portion of the addition that is the 2-car garage is proposed to be 4.5 from the side lot line on the opposite side of the house from the existing non-conforming setback. The allowed standard for a detached garage is 10’ and not 15’ so long as the space is only garage, storage, workspace. The applicant is seeking a special permit under 350-9.3A (10) With a special permit for a single- or two-family home when the Zoning Board makes a finding that the change which includes new zoning violations (such as reduction of open space, new setback encroachments or further encroachments into the setback, etc.) will not be substantially more detrimental to the neighborhood than the existing nonconforming single- or two-family structure. The special permit is required because the applicant is seeking to increase the non-conforming nature of the setback and on the opposite side of the location of the home’s existing non-conforming setback. The request is to reduce the setback from 10’ to just below 5’. Issues: There are two significant trees (see arborist report in the link above) that are on the abutter’s property just over the line (5’) from where the two car garage is proposed. Note that this permit would not be necessary if the garage were 5’ narrower. The special permit review requires the Board make a finding that the expansion will not have substantially more detrimental effect on the neighborhood than the existing conditions which should include potential for damage to significant trees on abutting parcels. The arborist’s evaluation makes a recommendation for steps to take to insure that permanent damage is not done. Staff recommends that if the Board find that this project meets the standard in 350-9.3A10 that the Board also condition the permit with these protective measures. Staff Recommendation This is a special permit and therefore will take a unanimous /supermajority vote approval (3) An 1. Prior to issuance of a building permit, the applicant shall provide a certified statement to the Office of Planning & Sustainability signed by a certified arborist indicating that root pruning of the abutter’s trees, as described in the Arborists Assessment on record, has been performed in preparation for building.