IN THE MATTER OF 16 PIEDMONT STREET, ARLINGTON
DOCKET NO. 3121
DANIEL WILLEY and KATHRYN WILLEY
Petitioner.
APPLICATION FOR SPECIAL PERMIT
HEARING DATE: AUGUST 15, 2000
DECISION DATE: SEPTEMBER 19, 2000
DECISION OF THE BOARD
MEMBERS PRESENT:
Joseph F. Tulimieri, Chair, Pro Tempore; Patrick Dignan, Theresa A. Stremlau
OPINION OF THE BOARD
The petitioner seeks a special permit to construct a two-story addition to an existing single-amily structure on land located at 16 Piedmont Street, Arlington, MA. A Special Permit is required under Section 6.08 - Large Additions in Residential Districts of the Zoning Bylaw for the Town of Arlington.
Statutory notice was given and a public hearing was held on August 15, 2000.
The provisions of the Arlington By-Law which affect this Petition are Paragraphs 6.08 and 9.02d because the structure is a pre-existing non-conforming use. Section 6.08 allows by Special Permit large additions, provided the addition is in harmony with the other structures and uses in the vicinity. Section 9.02d allows by Special Permit the expansion of a pre-existing non-conforming use which is found to be not substantially more detrimental to the neighborhood than this existing structure.
The Arlington Zoning Board of Appeals (hereinafter the "Board") considered the Petitioner's application, various plot plans and specifications, and schematics, and a report from the Director of Planning and Community Development dated July 6, 2000. The Petitioner is requesting to expand his twostory, single family home by constructing a two-story addition. The addition will be narrower than the existing house and will not encroach into the right side yard of the structure.
Based on all of the documentation presented and in accordance with the requirements of G.L. c.40A, the Board determined that the Petitioner satisfied the requirements of Sections 9.02(d) and 6.08 of the Zoning By-Law.
The Board finds that:
1. The requested use is allowed by Special Permit.
2. The Petitioner's property is non-conforming by virtue of its inadequate side yard.
3. Though the proposed 900+/- two-story addition further extends the nonconformity, the Board notes that the extension is de minimis and is narrower than the existing structure.
4. The lot at 6000 square feet is large enough to accommodate the proposed addition.
5. The Board also finds that the proposed addition is not substantially more detrimental to the neighborhood and is in harmony with the other structures and uses in the vicinity of the subject property.
DECISION OF THE BOARD
The Board grants the Special Permit and imposes the following conditions:
1. The addition shall be constructed in accordance with the plans submitted by the board and within the footprint identified in those plans.
The Board opines that all conditions for granting a Special Permit in accordance with Section 9.02(d) of the Zoning By-Law have been met by the Petitioner. Therefore, the Board, by unanimous vote, grants the Petition as requested.
The Board herein makes a detailed record of its findings relative to this decision; sets forth the reasons for its decision and findings; directs that this decision and record be filed in the Office of the Arlington Town Clerk and in the Office of the Arlington Redevelopment Board and shall be public record; and that notice of the decision shall be given forthwith to each party in interest. Appeals of this Decision, if any, may be made pursuant to Section 17 of the Zoning Act (Massachusetts General Laws, Chapter 48) and shall be filed within 20 days after the date of filing of such decision in the Office of the Arlington Town Clerk.
By the Board,
Joseph F. Tulimieri, Chair, Pro Tempore; Patrick Dignan, Theresa A. Stremlau
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