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Home My Public Portal About615_Arsenal_St_Decision_FINALTOWN OF WATERTOWN Zoning Board of Appeals Administration Building 149 Main Street WATERTOWN, MASSACHUSETTS 02472 Melissa M. Santucci Rozzi, Chairperson David Ferris, Member Suneeth P. John, Member Christopher H. Heep, Alternate John G. Gannon, Alternate Telephone (617) 972-6427 Facsimile (617) 926-7778 www. wa t o rtow n- m a. o o v ZONING BOARD OF APPEALS DECISION On November 20, 2013 with five (5) members of the Zoning Board of Appeals (the Board) present, case # ZBA-2013-18 SP/ASP, an Amendment to a Special Permit and a Special Permit was heard. The following is a record of the decision of the Board: CASE #: SUBJECT PROPERTY: Parcel ID # ZONING DISTRICT: OWNER/PETITIONER: ZONING RELIEF SOUGHT: STAFF RECOMMENDATION July 3, 2013: PLANNING BOARD RECOMMENDATION: June 12, 2013 continued, July 10, 2013 ZONING BOARD OF APPEALS DECISION: Scheduled June 24, 2013, Continued November 20, 2013 ZBA-2013-18 SP & ASP 615 Arsenal St, Watertown, MA 1301 2 1 I-1 (Industrial) Zone EDF Watertown, LLC c/o Home Depot USA #2602, PO Box 105842, Atlanta, GA 30348 • Special Permit §5.02(j), Accessory Use, Outdoor Display of Trucks for Rent; • Amend Special Permit #ZBA-2012-19 SP, Outdoor Space for Merchandise Sale; Change Operational Hours • Conditional Approval of outdoor merchandise amendment • Denial -SP for truck rental • Conditional Approval (vote: 5-0) of outdoor merchandise amendment • Conditional Approval (vote: 3-2) for rental of vans only • Withdrawal Granted - Special Permit • Conditional Approval - Amend Special Permit, Change in Hours Only Page 1 of 5 615 Arsenal Street December 4, 2013 ZBA-2013-18 SP & ASP Zoning Board of Appeals Decision PUBLIC NOTICE (M.G.L. C. 40A, §11) A. Procedural Summary Petition ZBA-2013-18 SP & ASP was heard by the Zoning Board of Appeals on November 20, 2013. As required by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice was given as follows: • Published in the newspaper of record (Watertown Tab) on 06/07/2013 and 06/14/2013; • Posted at the Town Administration Building and on the Town Website on 5/29/2013; and, • Mailed to Parties in Interest on 05/29/2013. B. Legal Notice "615 Arsenal Street - Home Depot, P.O. Box 105842, Atlanta, GA herein requests the Zoning Board of Appeals to grant a Special Permit in accordance with §5.02(j), Accessory Use, Outdoor Display of Trucks for Rent; and also requests to Amend Special Permit # ZBA-2012-19, granted September 19, 2012, for outdoor display and sales, so as to use 1,296 s.f (11 pkg spaces) additional outdoor space for the display and storage of trucks for rent; and additional 1,252 s.f of front apron and 970 s.f. (6 pkg spaces) outdoor space for merchandise for sale and 324 s.f. (2 pkg spaces) for `Load -N -Go' area; and further to allow a change to store operating hours to open at 6:00 a.m. 1-1 (Industrial) Zoning District. ZBA-2013-18" I. DESCRIPTION A. Site Characteristics This site is located in the I-1 (Industrial -1) Zone in East Watertown within the former military arsenal site, which is now redeveloped for a variety of uses. The subject property consists of a 160,410 s.f. storefront located in a historic Watertown Arsenal building on a 488,043 s.f. lot with 678 parking spaces. The store has one main entrance and a garden center entrance facing the parking lot. The lot currently has an area where merchandise is located seasonally, which is approximately 20,000 s.f. The building has one other occupant, Golf Smith, which has a shared parking lot with Home Depot. Golf Smith is also connected to the adjoining `building' which has an entrance from the main Arsenal Mall and the associated parking lot. The Mall has a main access point from the Home Depot parking lot. B. Surrounding Land Use The surrounding area is comprised of a variety of large-scale retail, residential and office uses. Home Depot directly abuts the Arsenal Mall which shares its lot with Harvard Vanguard medical offices. Arsenal Park is south of the mall. Miller's Ale House and a parking garage are directly to the east and share a common drive which also provides one of two exits for the Arsenal Mall and Harvard Vanguard complexes. C. Relevant Permit History • ZBA-2012-19 SP was granted to allow 20,000 s.f. (92 parking spaces) as outdoor retail/display area from April thru October. • ZBA 02-48 SPF/VAR permitted a sign variance/finding for a 33.7 s.f. sign on the westerly side of the building. • Certificate of Occupancy (CO) issued for Home Depot (replacing Ann and Hope Store) August 26, 2002 Page 2 of 5 615 Arsenal Street December 4, 2013 ZBA-2013-18 SP & ASP Zoning Board of Appeals Decision D. Nature of the Request The Petitioner has requested to amend a previously approved Special Permit to allow a 6 AM opening and to clarify the size, design, and operation of the 20,063 s.f. outdoor retail/display area for seasonal sales. The request would remove the specificity of the condition as a landscape or rug sales area and remove the timeframe. The prior approval required updated control plans, which have been submitted, and now provides clear parking counts and areas where site improvements will occur. The proposal now accurately reflects that 88 (previously identified as 92) parking spaces would be used where a total of 678 (709 spaces was estimated prior) spaces exist. Parking for the site still exceeds the total 520 required parking spaces (590 provided). The petitioner has also requested to allow Penske Truck rentals (an accessory use) to operate within the Rental Center and from a designated area of the parking lot with a maximum of eight Penske Vehicles onsite. This proposal would remove a further 16 parking spaces from general use and would require five additional spaces for the use. During the Planning Board Hearing, the petitioner modified the request to limit the site to the rental of vans only, with a one-year review of the operation. At the time of the Zoning Board of Appeals meeting on November 20, 2013, the petitioner changed their request and now wishes to withdraw the request for Special Permit and to limit the Amendment to Special Permit to request a change in hours only. II. FINDINGS A. &9.05 CONDITIONS FOR APPROVAL OF A SPECIAL PERMIT a. AMEND SPECIAL PERMIT #ZBA-2012-19 SP. WITHDRAW Outdoor Space for Merchandise Sale; REQUEST only Change Operational Hours to clarify operation/conditions and allow earlier store opening. b. SPECIAL PERMIT §5.02(J) — WITHDRAW Accessory Use, Outdoor Display of Trucks for Rent to allow Penske Truck rental to operate within the Rental Center and from a designated area of the parking lot using for a maximum of 8 rental vehicles at any time. During the Planning Board meeting, the request was modified to limit the rentals to vans only. 1. Is the specific site an appropriate location for such a use? a. (Sales) Met - The use is allowed by special permit in the Zoning District and the primary use is appropriate and approved for this site within the industrial zone. The store opening one hour earlier would not have an impact on any residential areas. b. (Truck Rental) —The applicant has requested to withdraw this portion of the request. It is no longer applicable. 2. Will the use as developed adversely affect the neighborhood? a. (Sales) Met - The additional hour of operation will not adversely affect the neighborhood. The site does not adjoin residential neighborhoods and many businesses are already operating at 6 AM. The primary activities are situated within the building. b. (Truck Rental) — Not applicable. Page 3 of 5 615 Arsenal Street December 4, 2013 ZBA-2013-18 SP & ASP Zoning Board of Appeals Decision 3. Will there be a nuisance or serious hazard to vehicles or pedestrians? a. (Sales) Met with conditions —The use is defined with clear pedestrian crossings and access to the entrance to the store. There will be no other apparent nuisance or hazards to pedestrians walking on the sidewalk or vehicles passing by. b. (Truck Rental) —Not applicable 4. Are adequate and appropriate facilities provided for the proper operation of the proposed use? a. (Sales) Met - The facilities, as proposed, appear to be adequate for the operation of the use and expansion in hours to a 6 AM opening time. No issues are apparent with a change in stores hours. b. (Truck Rental) — Not applicable III. STAFF AND PLANNING BOARD RECOMMENDATIONS Staff and Planning Board recommends approval of the requested amendments to the Special Permit #ZBA-2012-19 SP, to allow a 6 AM opening as the request meets the necessary criteria set forth in the WZO. Other recommendations are no longer applicable. The rest of the petition has a request to be withdrawn. IV. ZONING BOARD OF APPEALS The Board heard the petitioners' request to modify the store hours to open one hour earlier at 6:00 a.m. and voted 4-0 to grant that amendment. The Board acknowledged the updated control plans showing accurate parking. The Board also voted to allow the rest of the request to be withdrawn at this time. Member Santucci Rozzi recused. V. CONDITIONS The following conditions pertain only to the change in hours of operation. All prior conditions remain. # Condition Timeframe for Compliance To be Verified by 1. Control plans shall be updated to show accurate site conditions based upon the plans submitted as part of this application - "Parking Supply & Layout" dated May 6, and updated July 1, 2012 by Steven Chouinard, Civil Engineer. The following Control Plans shall be replaced: "Eastern Development Watertown, MA" Issued for title insurance, modified May 14, 2001 stamped May 23, 2001 by Dana Standley, ALTA/ACSM Land Title Survey; and, "Proposed Garden Center Expansion Project" store #2602, dated 02/22/2012 by Cary Outlaw. Perpetual ZEO/ ISD 2. All prior conditions of approval will be fully enforced CO ZEO/ISD 3. The opening time for the store will be no earlier than 6:00 a.m. CO ZEO 4. Upon application for a Building/Fire Clearance Permit, and/or prior to the change in hours, whichever comes first; the Petitioner shall provide evidence to the Zoning Enforcement Officer that this entire decision has been filed with the Registry of Deeds. BP ZEO Page 4 of 5 615 Arsenal Street December 4, 2013 ZBA-2013-18 SP & ASP Zoning Board of Appeals Decision By the Zoning Board of Appeals: Melissa M. Santucci Rozzi, Chair David Ferris, Member Suneeth P. John, Member Christopher H. Heep, Alternate John G. Gannon, Alternate Attest, by the Principal Account Clerk to the Zoning Board of Appeals: Louise A. Civetti *********** x x************************************************************************ THE COMMONWEALTH OF MASSACHUSETTS Certificate of Granting Massachusetts General Laws Chapter 40A, Section 11 The Zoning Board of Appeals calls to the attention of the owner or petitioner of the above referenced decision, that MGL c. 40A, sec. 11 (last paragraph) provides that no Variance, Special Permit, Special Permit Finding or any Extension, Modification or Renewal thereof, shall take effect until a copy of this decision bearing the Certification of the Town Clerk that twenty days have elapsed since the filing of said decision and no appeal has been filed or that if such appeal has been filed that it has been dismissed or denied, is recorded in the Registry of Deeds for the County and District in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. Twenty days have elapsed since the filing of said decision and no appeal has been filed or that if such appeal has been filed that it has been dismissed or denied: Attest, by the Town Clerk: Date: Received and entered with the Register of Deeds in the County of Southern Middlesex. Attest, Register of Deeds: Book Page This Decision is to be recorded by the Land Owner. The owner or petitioner shall pay the fee for such recording or registering. Page 5 of 5