ZONING BOARD OF APPEALS

              Property Address:      756 Broadway

              Map/Parcel:               A0-03-000160

              Building Permit #:      B-23-29

              Property Owner:       756 Broadway Realty Trust

                                               Mr. Hector Angel

                                               45 High Street

                                               Everett, MA 02149

PROPOSAL:
To construct a three-story rear addition to provide for two (2) additional residential units for a total of six (6) units. The subject property is located in the Business District, contains approximately 3,314 square feet and contains an existing four-unit residential building, which is nonconforming as to the front-yard setback (10 feet required; none provided).

Permit was denied in accordance to the City of Everett Zoning Ordinance as follows:

Reasons for Denial:
1. As noted, the existing structure is nonconforming as to the required front-yard setback. Pursuant to Section 3.C of the Zoning Ordinance, a special permit from the Zoning Board of Appeals is required to alter or extend any existing nonconforming structure, except for one, two or three-family structures.
2. The maximum floor area ratio (“FAR”) is 1.5 for residential uses in the Business District, pursuant to Section 6.B.2.a. No existing or proposed building area calculations have been provided. If the structure is currently conforming as to FAR and will remain conforming after construction of the addition, no relief will be required as to FAR. If the structure is currently conforming as to FAR, and the proposed addition would render it nonconforming, a variance from the Zoning Board of Appeals would be required. If the property is already nonconforming as to FAR, the special permit under Section 3.C could authorize the increase in this nonconformity.
3. The proposed site plan depicts a parking configuration that conflicts with the current requirements of Section 17 of the Zoning Ordinance as follows:
a. The property is currently nonconforming as to the number of parking spaces, since eight are required under Section 17.A but only six are provided. No additional parking spaces are proposed for the two additional units, which will increase this nonconformity. The applicant must either obtain a special from the Zoning Board of Appeals, pursuant to Section 3.C, or participate in the Transportation Demand Management Program under Section 35.
b. No dimensions are provided for the proposed parking spaces. Section 17.I requires that each parking space be at least 9 feet in width and 18 feet in length, and that the parking spaces average at least 275 square feet. The
applicant must either provide a plan demonstrating compliance with these requirements, demonstrate the existing spaces are lawfully nonconforming or obtain a variance from the Zoning Board of Appeals
c. The proposed site plan depicts tandem parking spaces, which are prohibited under Section 17.J. Unless these tandem spaces are lawfully nonconforming, a variance is required from the Zoning Board of Appeals.
d. The proposed site plan depicts parking spaces within the required rear and side setbacks, which is prohibited under Section 17.K. Unless these tandem spaces are lawfully nonconforming, a variance is required from the Zoning Board of Appeals.
e. Section 17.L requires screening of parking spaces to protect abutting properties. No such screening is depicted on the proposed site plan. Unless these tandem spaces are lawfully nonconforming, a compliant screening plan must be submitted or a variance obtained from the Zoning Board of Appeals.
f. The proposed site plan depicts parking spaces immediately below (and within eight feet of) windows of the proposed second-floor dwelling unit, which is prohibited under Section 17.M. A variance is required from the Zoning Board of Appeals.
g. No parking design plan has been submitted in accordance with the requirements of Section 17.O. Moreover, the proposed parking spaces will require cars to back directly into the street in violation of Section 17.O.4. A variance is required from the Zoning Board of Appeals.

MARY GERACE- Chairman
ROBERTA SUPPA – Clerk of Board of Appeals
December 29, 2023, January 5, 2024