Board of Zoning Appeal — July 25, 2024

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Cases (9)

6:00 P.M. BZA-273148 — 47 GRANITE STREET #47 Residence C Zone LUKE & JULIE MITCHELL Special Permit: To add square footage to the already existing interior space of a building. New square footage will add to already non-conforming floor area ratio. Art. 5.000, Sec. 5.31 (Table of Dimensional Requirements). Art. 8.000, Sec. 8.22.2.d (Non-Conforming Structure). Art. 10.000, Sec. 10.40 (Special Permit). [special-permit]
6:15 P.M. BZA-273676 — 39 MATIGNON ROAD Residence B Zone ARCHDIOCESE CENTRAL HIGH SCHOOL, INC. - C/O JAMES J. RAFFERTY, ESQ. Variance: Petitioner seeks to subdivide existing lot into two separate lots. Art. 5.000, Sec. 5.31 (Table of Dimensional Requirements). Sec. 5.15 (Subdivision). & Art. 10.000, Sec. 10.30 (Variance). [variance, subdivision]
6:30 P.M. BZA-265116 — 76 RESERVOIR STREET - UNIT 2 Residence B Zone GWENDOLYN M. STEWART-KIBBE & DAVID P. KIBBE Special Permit: To add a dormer within setbacks and further violate gross floor area. Art. 5.000, Sec. 5.31 (Table of Dimensional Requirements). Art. 8.000, Sec. 8.22.2.d (Non-Conforming Structure). Art. 10.000, Sec. 10.40 (Special Permit). [special-permit]
6:45 P.M. BZA-265414 — 264 SIDNEY STREET Residence C-1 Zone JENNIFER MATHIEU & HENRY MARCUCELLA - C/O NOREEN O’TOOLE Special Permit: To allow for the construction of a proposed 2nd floor rear deck within rear yard setback. Art. 5.000, Sec. 5.31 (Table of Dimensional Requirements). Art. 8.000, Sec. 8.22.2.d (Non-Conforming Structure). Art. 10.000, Sec. 10.40 (Special Permit). [special-permit]
7:00 P.M. BZA-274540 — 257 CHARLES STREET Residence C-1 Zone YING ZHANG - C/O JAMES J. RAFFERTY, ESQ. Variance: Petitioner seeks to reauthorize lapsed subdivision variance (BZA Case No. 017051-2018) to subdivide single lot currently containing two single family homes into two lots, each containing one single family home. Art. 5.000, Sec. 5.31 (Table of Dimensional Requirements) & Sec. 5.15 (Subdivision). Art. 10.000, Sec. 10.30 (Variance). [variance, subdivision]
7:15 P.M. BZA-273812 — 888 MASSACHUSETTS AVENUE Residence C-2B Zone JEMTAK REALTY LLC - C/O THEO A. PAPAS Variance: To add an additional dwelling unit to a non-conforming building which violates dimensional standards. Art. 5.000, Sec. 5.31 (Table of Dimensional Requirements) Sec. 5.26 (Conversion). Art. 8.000, Sec. 8.22.3 (Non- Conforming Structure). Art. 10.000, Sec. 10.30 (Variance). [variance]
7:30 P.M. BZA-276002 — 179 APPLETON STREET Residence B Zone 179 APPLETON STREET LLC - ERIC M. HOAGLAND- C/O SISIA DAGLIAN, ARCHITECT Special Permit: Modification of openings inside (right) yard setback. Art. 5.000, Sec. 5.31 (Table of Dimensional Requirements). Art. 8.000, Sec. 8.22.2.c (Non-Conforming Structure). Art. 10.000, Sec. 10.40 (Special Permit). [special-permit]
7:45 P.M. BZA-261307 — 1 BRATTLE SQUARE Business B Zone/HSOC BCSP 9 OBS PROPERTY LLC, MATTHEW STEGALL, MANAGING DIRECTOR/ C/O DAVE TINNERY - C/O NICHOLAOS MOSHOPOULOS Special Permit: To operate a formula business quick food service establishment at 1 Brattle Square. Art. 4.000, Sec. 4.35.o & Sec. 11.30 (Fast Order Food Establishment). Art. 10.000, Sec. 10.40 (Special Permit). [special-permit, formula-business]
8:00 P.M. BZA-271436 — 17 PERRY STREET Residence C Zone PAVAN BENDAPUDI ON BEHALF OF PRANOT BENDAPUDI, TEM BENDAPUDI - C/O CHRISTOPHER F. BROWN, ARCHITECT Special Permit: To enlarge window within side yard setback. Art. 5.000, Sec. 5.31 (Table of Dimensional Requirements). Art. 8.000, Sec. 8.22.2.c (Non-Conforming Structure). Art. 10.000, Sec. 10.40 (Special Permit). CONTINUED CASES: 6:00 P.M. - The Cambridge Board of Zoning Appeals voted unanimously on July, 2024, to submit this petition to update the Zoning Ordinance. Rationale The Board of Zoning Appeals (BZA) reviews numerous cases of homeowners and developers wishing to add a dormer (or dormers) to their roof to create additional habitable space in existing attics. Construction of dormer(s) can be an effective tool for expansion of existing homes or adding units to the City’s housing stock. The frequency of cases has increased in recent years along with the cost of housing and diﬃculty for families to purchase larger homes. We believe that the current process should be clariﬁed and simpliﬁed to facilitate this reasonable and common way of expanding a home, as-of-right. This revision will eliminate the time and expense of a zoning application review and hearing for this frequent request. The current process for gaining approval for dormers can involve either a Special Permit or a Variance when the structure is non-conforming and will not meet Zoning Ordinance section 8.22.1.h, along with compliance with a stand-alone set of Dormer Guidelines that are neither referenced nor appended to the Zoning Ordinance. Including the specific dormer conditions suggested in this proposal into the Ordinance will incentivize proponents to follow the City’s dormer standards as well as make the review process more predictable and clearer for Proponents. Proposed revisions to the Ordinance 1. ARTICLE 2.000 DEFINITIONS Add the following definition: Dormer- A roofed projection built out from a sloping roof, containing a window or windows. 2. Revision to 8.22.1.h.2 h. Construction of a dormer or dormers to a nonconforming one- or two-family dwelling which may further violate the yard, height and/or FAR requirements of Article 5.000 but no other requirements of Article5.000 including FAR, in the following cases: shall comply with the following conditions: 1. A dormer or addition to the second story that does not extend horizontally beyond the vertical walls of the existing first story of the structure. The primary face of dormer(s) shall not extend beyond the face of the wall below. 2. A dormer on the third story no longer than fifteen (15) feet that does not extend horizontally beyond the vertical walls of the existing second story nor above the existing ridge line provided that the total linear length of all dormers on the third story of the building, after the issuance of the permit by this Subpargraph h 2, does not exceed fifteen (15) feet. The length of any dormer shall not exceed 1/2 of the length of the roof upon which it is built. 3. Sides of dormer(s) shall not extend to within 3'-6" of the existing roof termination. 4. Windows within dormers shall cover a minimum of 50% of the primary dormer wall. 5. The top of the dormer shall not extend above the existing roof ridge. [special-permit, variance, zoning]

Hearing Record (transcript)

Present: Jim Monteverde (Chair), Steven Ng (Vice Chair), Fernando Daniel Hidalgo, Virginia Keesler, Carol Agate, Thomas Miller

Staff: Olivia Ratay

Verbatim record: Data/Boards/BZA_transcripts/2024-07-25.txt (152 pages)

BZA-273148 — 47 Granite Street #47
Spoke: Robert Christo, Luke Mitchell
BZA-273676 — 39 Matignon Road
Spoke: James Rafferty, Sarah Rhatigan
Public comment: 4 members of the public spoke (speakers are named in the official minutes; not listed here, by policy)
BZA-265116 — 76 Reservoir Street — granted
Spoke: Sarah Ritch
Public comment: 2 members of the public spoke (speakers are named in the official minutes; not listed here, by policy)
BZA-265414 — 264 Sidney Street
Spoke: Brian Dunn, Barry Crimmins
BZA-274540 — 257 Charles Street
Spoke: James Rafferty
Public comment: 2 members of the public spoke (speakers are named in the official minutes; not listed here, by policy)
BZA-273812 — 888 Massachusetts Avenue — granted
Spoke: Marc Maxwell, Theo Papas
BZA-276002 — 179 Appleton Street
Spoke: Sisia Daglian
BZA-261307 — 1 Brattle Square — granted
Spoke: Nicholaos Moshopoulos
BZA-271436 — 17 Perry Street
Spoke: Christopher Brown, Pavan Bendapudi, Pranot Bendapudi
Public comment: 1 member of the public spoke (speakers are named in the official minutes; not listed here, by policy)