Loading...
HomeMy Public PortalAbout33 Mt Auburn - ZBA Recorded DecisionBk: 65278 Pg: 567 TOWN OF WATERTOWN Zoning Board of Appeals Administration Building 149 Main Street WATERTOWN, MASSACHUSETTS 02472 Melissa M. Santucci Rozzl, Chairperson David Ferris, Clerk Christopher H. Heap, Member John G. Gannon, Member Kelly Donato, Member ZONING BOARD OF APPEALS L Telephone (617) 972-6427 Facsimile (617) 926-7778 www,watertown-ma.00v tl IN DECISION 8k: 86278 Pg: 587 Doo: DECIS Pogo: 1 of 14 04/28/2015 01:40 PM On May 28, 2014 with five (5) members of the Zoning Board of Appeals .....W..) y...a.,,.ti case # ZBA-2013-29 SP/SR, a Special Permit with Site Plan Review was heard. The following is the decision of this board. Case#: Subject Property: Parcel ID: Zoning District: Petitioner/Owner: Agent: Zoning Relief Sought: Special Permit Granting Authority: Site Plan Review Meeting(s): Staff Recommendation: Planning Board Recommendation: Zoning Board of Appeals Decision: Recorded with Town Clerk: (.t; I rh,,1.-- /D) P18rt.Li`MRC 5{ "I' ZBA-2013-29 SP/SR 33 Mt. Auburn Street 100353 CB (Central Business) Zoning District 1 I9,=,.' b 0fJ 1 'msgi 33 Mt Auburn Street Realty, LLC, Robert Bray William York, Attorney • Special Permit w/ Site Plan Review -§5.01.1(k)2 - Mixed -use development greater than 3 units o Subject to 0.07 Affordable housing requirements o Subject to §6.O1 Required Off -Street Parking Zoning Board of Appeals July 2, 2013 Conditional Approval, March 7, 2014 Conditional Approval, April 9, 2014 Conditional Approval, May 28, 2014 June 11, 2014 ATR COPY ATTEST C� TOWN CLERK -27.1 Elk: 65278 Pg: 568 33 Mt. Auburn Street June 11, 2014 ZBA-2013-29-SP/SR Zoning Board of Appeals Decision 1. PUBLIC NOTICE (M.G.L. C. 40A. 411) A. Procedural Summary Petition ZBA-2013-29 SP/SR was scheduled to be before the Zoning Board of Appeals on November 20, 2013; however, was continued each month and heard on May 28, 2014. 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 November 1 and 8, 2013, • Posted at the Town Administration Building and on the Town Website on November 6, 2013 and, • Mailed to Parties in Interest on November 6, 2013. B. Legal Notice "33 Mt. Auburn Street — Robert Bray, Manager, 33 Mount Auburn Street Realty, LLC, 24 Arsenal Street, Watertown, MA 02472 herein requests the Zoning Board of Appeals grant a Special Permit with Site Plan Review in accordance with Watertown Zoning Ordinance §5.01. !(c), Mixed Use Development subject to §S, 07, Affordable Housing; so as to construct a four-story mixed -use building with 24 residential units (2 affordable) and 1,979 sf retail/office, with 36 parking spaces contained within the structure, on the site of the former Port Oil building (to be razed). CB (Central Business) Zoning District. ZBA-2013-29" 11. DESCRIPTION A. Site Characteristics The site is a 13,581 s.f lot located on Mt. Auburn Street at the intersection of Taylor Street. On the site, there is a dilapidated and partially demolished industrial/commercial building historically used by the former Port Oil. There is a triangle of land owned by the Town of Watertown adjacent to the lot at the comer of Taylor Street, which had been landscaped at one time but has not been maintained. Current access to the site is from two large curb openings on Mt. Auburn Street and one curb opening on Taylor Street. There is no landscaping on the site and there is mix of asphalt and concrete driveway/parking/loading areas within the front yard. B. Surrounding Land Use The project site is located in the center of Watertown Square across the street from a diverse mix of retail businesses. A block to the southeast is the beginning of the Arsenal Street corridor where North Beacon Street splits off. This area also has a mix of uses and building types with more vehicle centric businesses like tire/repair centers and auto body uses occupying several sites. There is also a mix of other commercial uses. Further south is a residential neighborhood with higher density apartment/condominiums transitioning to one and two-family uses. The Charles River is also located less than two blocks to the south and provides many amenities A TRUE COPY ATTEST Page 2of14 TOWN CLERK Bk: 65278 Pg: 569 33 Mt. Auburn Street June 11, 2014 ZBA-2013-29-SP/SR Zoning Board of Appeals Decision within the greenway corridor. The site is located within walking distance of many transit lines and has easy access to Watertown Square Yard bus hub. C. Nature of the Request The project proposes to raze the former Port Oil structure to construct a four-story mixed -use building with 24 residential units (2 affordable) and 1,979 s.f. retail/office, with 36 parking spaces contained within the structure.' The project also proposes to landscape and maintain a small pocket plaza/park space on a triangular shaped piece of town -owned land adjacent to the retail space. The proposal requires approval from the Zoning Board for a Special Permit with Site Plan Review in accordance with WZO §9.03 and §9. 12 and subject to §5.01.1(k)2, Mixed -Use Development greater than 3 Units; §5.07 Affordable Housing Requirements; and, §6.01 Required Off -Street Parking. Proposed Use # of Units Square Footage !Bedroom 11 units 807 sf— average 1 Bedroom with Study 6 units 827 sf - average 2 Bedroom 7 units 1190 sf - average Total Residential 24 units 25,826 sf Commercial 1 units 1,979 sf Total Gross Square Footage NA 29,780 sf Parking 36 spaces' III. PUBLIC COMMENT The town was informed that the Petitioner held a community meeting March 5, 2014 where public comment was received. Staff was not in attendance. The following comments were from the Planning Board meeting on April 9, 2014: • A letter was read from the Concerned Citizens Group (Lisa Feltner, President) showing general support but with concerns about the design/materials and suggesting that there be more/flexible commercial space. • Tony Palomba - Appreciates the redevelopment of the site but has concern with material and whether the commercial space will be used for retail and if there is enough space. At the second meeting he stated he was in support of the project with the increase in floor area to allow for commercial bathroom/storage areas. • Cecilia Lenk and Steve Corbett - Spoke in favor of the development. • Bill Dylan - In support and felt that replacing the old Port Oil with this project was better and that the condominium owners on the adjacent site were enthusiastic about it. • Emesta Kraczkiewicz— Ensure the interior of the garage opening was finished with same material as outside facade • Joanna Erickson — Consider awnings on all windows to keep balance or have none • Matt Lash — Consider union workers and local workers The total square footage of retail along with parking will be updated to reflect 2,115 s.f. of retail space, approximately, with 35 total parking spaces. Page 3 of 14 ATRIA COPY MEET TOWN CLERK JUL - 2 2014 Bk: 65278 Pg: 570 33 Mt. Auburn Street June 11, 2014 ZBA-2013-29-SP/SR Zoning Board of Appeals Decision At the Zoning Board of Appeals meeting: • Cecilia Lenk, Town Councilor -- The project is well received. She is in support. • Vincent Piccirilli, Town Councilor— Economic Development is a priority. • Steve Corbett, Town Councilor— The project is good and it fits. It is a priority of the Town Council to support Economic Development projects. • Dennis Duff, Resident — The site was not maximized by the developer as others would have. In support, as it is a viable project. W. FINDINGS A. Plan Consistency The proposed development provides some consistency with the Town's previous planning documents but also has some conflicts. 1. Watertown Growth Management Plan, 12/01/1988 • "arrest the decline of Watertown Square" by preserving locally oriented commercial activities. • Require that at least the ground floor of all new or rehabilitation projects in Watertown Square be designed for commercial purposes. The project is consistent with these goals, in that it incorporates first floor commercial space. How successful this space will be is a concern, however the applicant has provided supporting materials indicating the space will be appropriate for a variety of commercial enterprises. 2. Watertown Community Development Plan, 07/2004 • Make Watertown Square a lively destination for the community. • Create a more attractive environment for walking, browsing, and shopping. • Attract businesses that will increase foot traffic. The project supports these goals, although the commercial space may be more appropriate for uses that do not maximize the opportunity the site represents for walking and browsing. 3. Watertown Square Design Handbook 1989 • This document references the existing Port Oil building, and indicates the need for attractive plantings and added street trees. The project will provide additional landscaping with considerable plantings on the town -owned property. 4. Strategic Framework for Economic Development, 08/02/2011 • Recognizes the need to bring residents to Watertown Square and to provide additional opportunities for pedestrians, restaurants and shopping. This project will bring more residents to the Square and provide space for a commercial or retail use, with the previously mentioned reservations. ATRIA COPY AT'T'EST Page 4 of 14 - "--42-z ef:ip- T�� d14 Bk: 65278 Pg: 571 33 Mt. Auburn Street .tune 11, 2014 ZBA-2013-29-SP/SR Zoning Board of Appeals Decision B. Special Permit with Site Plan Review §5.01.1(k)2 - Mixed -use development greater than 3 units This proposal must meet the four conditions of approval for a Special Permit set forth in §9.05(b) of the WZO. In addition, this proposal is subject to the review procedures under §9.03 Site Plan Review of the WZO, in which the ten criteria listed in §9.03 (c) must be evaluated. Special Permit Criteria $9.OSfb) 1. The specific site is an appropriate location for such a use, structure, or condition. Conditionally Met: Specifically, replacing the existing dilapidated structure with a proposed vertical mixed -use commercial space and residential development above is allowed by Special Permit with Site Plan Review in this district. Typically, new development projects proposed within the Central Business Zoning District are required to have some type of commercial component, and may have residential mixed use as part of the commercial project. This site is an appropriate and desirable location for a mixed -use project. The existing structure is dilapidated and is not used. Continued use as an industrial shop/warehouse is not a desired use for this site. The proposed mixed -use project will be a more appropriate use for the site, providing a commercial frontage with structured parking and residential above. The proposal will also provide off -site improvements to town owned land adjacent to the site. The parking is located within the structure and below grade to minimize the presence and visual clutter of vehicles. The public open space being improved will contribute to the Watertown Community Path project by providing a focal and stopping point along the proposed path. This location is a connection point (crossing on Mt. Auburn Street) between the Arsenal Street path segment and the proposed connection along Baptist Walk continuing behind the municipal buildings and along the Linear Path to the Charles River. Although the project has specified that the first floor use be some general type of commercial, a preferred use for this location would be retail in nature, contributing the most to the continued revitalization and success of the Square. Street tree locations should be identified and trees planted in cooperation with the Tree Warden, where feasible. The use of cementitious clapboard siding is not entirely consistent with the architectural features of Watertown Square, which has a combination of older facades of brick, stone, and stucco, or more modern styles that incorporate a variety of materials including metal panels and glass. However, the width of the clapboard siding and the color is an appropriate and attractive addition to the Square as it emulates a 4" brick. 2. The use as developed will not adversely affect the neighborhood. Page 5of14 ATRUE COPY ATTEST Bk: 65278 Pg: 572 33 Mt. Auburn Street June 11.2014 ZBA-2013-29-SP/SR Zoning Board of Appeals Decision Met: The proposed development will benefit the neighborhood by eliminating the blighted industrial style building, and front yard parking. The replacement building is more substantial than some of the surrounding structures but provides a mix of uses with added amenities. The development would also introduce an improved public sitting area on town owned land adjacent to the site. The proposed development would improve the site's impact on the Charles River by managing stormwater runoff on -site and increasing site infiltration by managing how impervious surfaces are treated. 3. There will be no nuisance or serious hazard to vehicles and pedestrians. Conditionally Met: The reduction in width and number to one curb cut on Mt. Auburn Street will reduce the area of conflict to a 24' wide drive area. Currently the area is uncontrolled with vehicles parking in many different directions. The exit from the garage will be limited to left turns only, which will further decrease conflicts with pedestrians. The Taylor Street entrance will also be defined and with the split-level parking, the number of vehicles will be dispersed across the two roads. Parking facilities for residents and commercial will be provided on site and the site circulation has been designed with appropriate sight lines and aisle widths. Residential parking spaces shall be indicated on plan A2. The traffic study predicts that the development will have a minimal impact on traffic, as it would only generate up to 17 (10 entering and 7 exiting the site) during the highest peak hour. With nearby bicycle trails and transit options in Watertown Square, there will likely be a reduction in automobile trips generated by the proposed project. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Conditionally Met: The proposal will be required to meet all building, health, and safety requirements. The site, which currently has a negligible stormwater management system in place, will be required to meet the DPW guidelines for stormwater retention. if a transformer is required for this project, the location and screening will be required to have staff review and final approval. Site Plan Review Criteria $9.03 fc) Prior to the official filing of the Application, a meeting of the Site Plan Review Committee was held on July 2, 2013. Present at the meeting were members of the Site Plan Review Committee (consisting of Town Staff and committees) and the Petitioner, who presented the proposal, after which members of the Committee were invited to respond with questions, comments, and suggestions. Planning Staff has reviewed the ten criteria for Site Plan Review provided in §9.03(c) of the WZO and incorporated committee comments where appropriate. The following are the findings as identified through analysis of the updated project and the initial committee review: Page 6 of 14 ASRUE COPY ATTEST TO 104 Bk: 65278 Pg: 573 33 Mt. Auburn Street June 11, 2014 ZBA-2013-29-SP/SR Zoning Board of Appeals Decision 1. Preservation of Landscape: "The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas. Adequate landscaping shall also be provided, including screening of adjacent residential uses, provision of street trees, landscape islands in the parking lot and a landscape buffer along the street frontage" Conditionally Met: The previous use as a commercial/industrial site with surface parking degraded the landscape with significantly disturbed areas not in its natural state. There currently are a few weed trees and no landscaped areas. The Petitioner proposes to provide significant landscaping on the Town parcel and integrate the landscaping across the parcel line. This approach creates a very nice plaza area but also may make it appear as if the `park' is part of the project rather than a public space. Staff recommends that some type of signage be developed for the new 'park'. The landscape plan should include plantings and treatments for the rear and side yards, and street trees where appropriate. 2. Relation of Buildings to Environment: "Proposed development shall be integrated into the terrain and the use, scale and architecture of existing buildings in the vicinity and shall be in accordance with the Comprehensive Plan or other plans adopted by the Town guiding future development. The Planning Board may require a modification in massing so as to reduce the elect of shadows on abutting property in all districts or on public open space." Met: The size, placement, and design of the proposed building provides visual relief in the massing which helps create a transition between the historic one-story commercial building on the adjacent property. Also, the second story is setback so the commercial business is more prominent. The materials on the first floor are modem but in -keeping with other properties in the area. The commercial facade of the first floor creates visual interest but the varied facade creates a fragmented interior space that might be difficult to use for many users. The floors above have a clapboard style siding which seem to be out of place on the more modem design on the street frontage. The building is in a very prominent location and will be visible from many angles. The board finds the modified plans now provide a cohesive architecturally appropriate facade design. 3. Open Space: "A11 open space required by this Zoning Ordinance shall be so designed as to maximize its visibility for persons passing the site, encourage social interaction, maximize its utility, and facilitate its maintenance." Met: The proposed development will increase the amount of open space to 21.1%. Most of the open space provided on site will be pushed to the edges of the site, but the project will also improve the adjoining `park' land, creating a very accessible plaza/sitting area. The project also proposes to construct a 425 s.f. living roof, which will be adjacent to two exclusive use roof decks for 2"d floor units. The landscape architect is also has include a plan for a small path to the rear of the site with some shade tolerant vegetation and tree plantings in a rear `courtyard' with stone bench and mulch. 4. Circulation: "Special attention shall be given to traffic circulation, parking areas and access points to public streets and communityfacilities in order to maximize convenience and safety of vehicular, bicycle and pedestrian movement within the site and in relation to adjacent streets." Page 7of14 A i RL_ COPY ATTEST .Q,= TOWN CIJ �.�� Bk: 65278 Pg: 574 33 Mt. Auburn Street June 11, 20I4 ZBA-2013-29-SP/SR Zoning Board of Appeals Decision Conditional Met: Vehicular access to the site will be via a 24 foot wide curb cut on Mt Auburn Street accessing a lower garage with 21 spaces (4 of which are tandem) and another 24 foot wide curb cut access on Taylor Street for 15 parking spaces. Site circulation has been designed for safety with appropriate lighting, sight lines and aisle widths. There are four spaces with access off Mt. Auburn Street for the commercial use and another two spaces located within the Taylor Street garage. Four visitor spaces are available; 24 spaces are assigned to units. This will be conditioned to be shown on the Control Plans. The proposal requires that four (4) bicycle spaces be provided on site. The plans shows six (6) bicycle spaces located on the ramp to the lower garage and six (6) exterior spaces near the entrance to the commercial space and adjacent to the public `park'. In addition, a condition has been added, that there be an option for securable hanging spaces (for bicycle parking) in front of parking spaces within the garage. The traffic study predicts that the development will have a minimal impact on traffic, as it would only generate up to 17 (10 entering and 7 exiting the site) during the highest peak hour. With nearby bicycle trails and transit options in Watertown Square, there will also likely be a reduction in automobile trips generated by the proposed project. 5. Surface Water Drainaee: "Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Proposed developments shall seek to retain storm water runoff on site to the maximum extent possible, incorporating best practices in storm water management and Low Impact Design techniques. In cases where storm water cannot be retained on site, storm water shall be removed from all roofs, canopies and paved areas and carried away in an underground drainage system." Met: The proposed development would improve the existing conditions as there currently is minimal stormwater management at the site. In addition, the 82% impervious surface of the site will be less than the maximum allowed (100%). The open space areas of the site will improve the cover type to retain runoff and an infiltration system is proposed to collect all roof and other impervious surface runoff. Peak rates of run-off are better than pre -development conditions and minimize impacts to the Town's stormwater system. The design will require a final review and approval of the proposed system by DPW. 6. Utility Service: "Electric, telephone, cable TV and other such lines and equipment shall be underground. The proposed method of sanitary sewage disposal and solid waste disposal from all buildings shall be indicated." Conditionally Met: The Petitioner has stated that all utilities on the site will be underground and that sanitary sewage will connect to an existing sewer line. All trash and recycling will be located interior to the garage/structure and will be required to be collected by a private waste management company. The location of the transformer has been identified; however, not yet approved by NStar at this time. Any site modifications shall ensure screening and plan modification to accommodate the location and ensuring access for emergency egress and open space and reviewed by staff. 7. Environmental Sustainability: "Proposed developments shall seek to diminish the heat island effect; employ energy conscious design with regard to orientation, building materials and Page 8 of 14 A TRUE COPY ATTEST TOWNC 2014 Bk: 65278 Pg: 575 33 Mt. Auburn Street June 11, 2014 ZBA-2013-29-SP/SR Zoning Board of Appeals Decision shading; utilize energy -efficient technology and renewable energy resources; and minimize water use." Met: The Petitioner has reduced the amount of impervious area by providing the majority of the parking spaces underneath the building. The development will comply with the Energy Stretch Code and shall employ stormwater best management practices. The building is oriented to allow natural lighting of all units. The site has provided 20% open space with landscaping that should provide shade in the summer and will minimize the 'heat island' effect that higher -density mostly impervious sites can cause. The higher -density project near transit options will allow for a reduction in vehicle usage. Multi -family housing also reduces the amount of power required for heating and cooling of individual units. 8. Screening: "Screening, such as screen plantings, shall be provided for exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures in order to prevent their being incongruous with the existing or contemplated environment and the surrounding properties." Met: There are no proposed exposed machinery installations or storage areas and HVAC systems will be located centrally on the rooftops with screening. No loading areas are proposed 9. Safety: "With respect to personal safety, all open and enclosed spaces shall be designed to facilitate building evacuation and maximize accessibility by fire, police, and other emergency personnel and equipment." Met: The Petitioner states that the proposed building will be built in accordance with all applicable Federal, State, and Local laws and that centralized alarm panels will be located for ease of use by emergency responders. The drive aisle will be 24 feet wide, which would meet the requirements to accommodate emergency vehicle access to the building and the garage structure can handle the weight of emergency response vehicles. 10. Design: "Proposed developments shall seek to protect abutting properties from detrimental site characteristics resulting from the proposed use, including but not limited to air and water pollution, noise, odor, heat flood, dust vibration, lights or visually offensive structures or site features." Conditionally Met: The provision of a stormwater management system will treat and minimize runoff, which will be a vast improvement from the existing site conditions of untreated stormwater that sheet flows into Mt. Auburn Street. In addition, there will be no exposed mechanical installations and the site lighting shall incorporate full cut-offs and be designed to minimize spill -over lighting to surrounding properties. The building will be highly visible from many angles because of this sites prominence within the square so it is critical that all sides of the building be pleasing to the eye and made of durable materials. $5.07 Affordable Housine Requirements In the CB District, a mixed -use project that creates more than 15 dwelling units is subject to the §5.07 of the WZO, Affordable Housing Requirements, the purpose of which is to "provide A TRUI COPY ATI-ES T TOM CLERK 014 Page 9 of 14 Bk: 65278 Pg: 576 33 Mt. Auburn Street June 11, 2014 ZBA-2013-29-SP/SR Zoning Board of Appeals Decision opportunities for conventional residential and mixed -use development to contribute to increasing the supply of affordable housing" Ten percent (10%) of the 24 dwelling units must be affordable. Two2 affordable units will be provided onsite, which satisfies this requirement. Consistent with the other units, the affordable units would be offered for sale. The sale of the affordable units would be no higher than the maximum sale affordable to a household with an income at or below 110% of the area median income (AMI) adjusted for household size. The Petitioner is required to prepare and file a Local Action Unit application under the State's Local Initiative Program and comply with all the requirements of the State Department of Housing and Community Development in order for the affordable units to be included on the State's Subsidized Housing Inventory, which includes the development of a regulatory agreement, an affirmative marketing plan, and all required monitoring and reporting requirements. In addition to review by Planning Staff, the project was reviewed by the Watertown Housing Partnership (WHP) at the November 2013 meeting. In accordance with §5.07(j), the WHP has made findings in reference to the proposal's fulfillment of the affordable housing requirements. 1. Affordable units shall be proportionately distributed throughout the building in a covered development. Met. The locations of the affordable units are evenly distributed throughout the building with one unit on the second floor and one unit on the third floor. 2. Affordable units shall be indistinguishable from market -rate units in exterior building materials and finishes; overall construction quality; and energy efficiency, including mechanical equipment and plumbing, insulation, windows, and heating and cooling systems, as determined by the Building Inspector. Met. The Petitioner has indicated that the affordable units will be built to the same specifications as the market rate units regarding exterior building materials and finishes; overall construction quality; and energy efficiency, including mechanical equipment and plumbing, insulation, windows, and heating and cooling systems. 3. Affordable units may differ from market -rate units in type of appliances, finishes; however, the affordable units shall be comparable to the base market -rate units in such instances. Met. The Petitioner has indicated that the appliances and finishes of the affordable units will not differ from the market -rate units. 4. Affordable units shall have the same gross floor area as the average market -rate unit within a margin of 20%; provided, a one bedroom affordable unit shall be not less than 800 s.f.; a two -bedroom not less than 1,000 s.f.; and a three -bedroom unit not less than 1,350 s.f.. The bedroom mix in the affordable units shall be proportionate to the market -rate units, 2 Any calculation of required affordable housing units that result in the fractional or decimal equivalent of one-half or above shall be increased to the next highest whole number. A TRUE COPY ATTEST Page 10of14 TOWN 2 201 Bk: 65278 Pg: 577 33 Mt. Auburn Street June 11, 2014 ZBA-2013-29-SP/SR Zoning Board of Appeals Decision unless the SPGA authorizes a different mix by special permit upon the recommendation of the WHP. Met• Of the 24 units, seven will have two bedrooms (one affordable), six will have one bedroom with a study (no affordable), and eleven will have one bedroom (one affordable). The affordable two -bedroom unit would be 1,152 s.f. which meets the minimum size requirement (1,000 s.f.) and is within the 20% margin of the average size of the market rate two -bedroom units which is 1,190 s.f.. The one -bedroom affordable unit would be 800 s.f., which meets the minimum size requirement (800 s.f.) and is within the 20% margin of the average one -bedroom market rate units, which is 807 s.f. V. STAFF AND PLANNING BOARD RECOMMENDATIONS: Based on the finding that the proposed project meets the criteria set forth under §9.03(c), §9.05 (b), §5.07, and with the general purpose of the Ordinance outlined in §1.00 of the WZO, Staff recommends that the Special Permit with Site Plan Review under §5.01.1(k) - Mixed -use development greater than 3 units be granted Conditional Approval. The Planning Board clarified that the bathroom and storage area in the commercial space will not be counted towards the requirements for a loading area, as specified in the WZO which requires that projects having greater than 2,000 s.f. of commercial space provide loading bays. Therefore, the plan will be updated to modify the garage layout to provide parallel rather than perpendicular parking along the northerly side of the garage. VI. ZONING BOARD OF APPEALS DECISION: The Zoning Board of Appeals commented on the proposed building's architecture. The board liked that the retail space faces the triangle park/Mt. Auburn Street; they believe the residential portion of the building being 'stepped back' provides a less dense appearance and more natural light and air to the residences; they agreed with the change in the drawing to remove one parking space to provide a commercial bathroom and storage area (not included in square footage requirements); a possible tenant (an ice cream parlor) in the retail portion would be a nice draw for walking residents; they discussed restricting to retail tenants and decided not to limit tenancy due to possible passive uses; they requested the consideration of other types of trees based on suggestions of the Town's Tree Warden; they require an agreement be written between the town owned park and the property owner(s); and require all lighting to match. Member Ferris motioned to grant the Special Permit with the conditions discussed: Drawing A2 will be revised; the final location of the transformer will be reviewed by Staff; the hours of trash pick-up will be acceptable to residences; a formal agreement with the Town regarding the liability and access for the town owned triangle park will be drawn; the internal lighting of the elevator and stairwell facade will be consistent. Member Gannon seconded. Voted 5-0, granted. VII. CONDITIONS: The table below lists the conditions of approval including timeframes for compliance: ATRUS COPY ATTEST Page 11 of 14 TOWNCIERK 2014 Bk: 65278 Pg: 578 33 Mt. Auburn Street ZBA-2013-29-SP/SR June 11, 2014 Zoning Board of Appeals Decision # Condition Timeframe for Compliance To be Verified by 1 Control Documents. This approval is based upon the application materials and the control plans, as modified by these conditions, submitted by the Petitioner: I. Cover Sheet — 33 Mount Auburn St Rendering with list ofdrawings (09/06/2014 revised 4/17/2014) 2. CO — Existing Conditions Plan (05/21/2013) 3. CI Site Layout Plan (05/21/2013 revised 3/7/2014) 4. C3 Permit Site Utility Plan (05/21/2013 revised 3/7/2014) 5. C4 Details (05/21/2013 revised 3/7/2014) 6. AO Zoning Summary (4/17/14) 7. Al Basement Floor Plan (09/06/2013 revised 4/17/14) 8. A2 First Floor Plan (09/06/2013 revised 4/17/14) to be revised showing commercial and parking modifications 9. A3 Second Floor Plan (091062013 revised 4/17/I4) 10. A4 Third Floor Plan (09/06/20I3 revised 4/17/14) 11. A5 Fourth Floor Plan (09/06/20I3 revised 4/17/14) 12. A6 Roof Plan (09/06/2013 revised 4/17/14) 13. A7 Mt Auburn Street Elevation and Streetscape (09/06/2013 revised 4/17:14) 14. A8 Taylor Street Elevation (09/06/2013 revised 4/17/14) 15. A9 Rear Elevation (09/06/2013 revised 4/17/14) 16. A10 West Elevation (09/06/2013 revised 4/17/14) 17. Al I Partial Mt Auburn Street Elevation (4/17/14) 18. A l2 Reference Photographs (4/17/14) 19. LI Landscape Plan (08/26/2013) updated (03/05/2014 & revised 3/7/2014) 20. Proposed Plants and Site Furnishing (not dated) Perpetual ZEO/ ISD 2. Plan Modifications. Neither the Petitioner nor any present or future owner (Army interest in the project shall change or modify either the control plans referenced in this decision, or the project itself, without first filing a formal request with the DCDP Director, Zoning Enforcement Officer, and Building Inspector, for an opinion as to whether or not such change or modification requires further review from the Special Permit Granting Authority. Minor modifications including changes to floor plans that do not change the number of bedrooms may be considered and approved by the DCDP Director that are found to be consistent with the project approval granted by the Special Permit Granting Authority. CO ZEO/ ISD 3. Recordation. Upon application for a Building Permit, the Petitioner shall provide evidence to the Zoning Enforcement Officer that this entire decision has been filed with the Registry of Deeds. BP ZEO 4 Codes/Regulation Compliance. The Petitioner shall comply with all other applicable local. state, and federal requirements, ordinances, and statutes. CO ZEO/ ISD 5. Certificate of Occupancy/Final Inspection. A copy of the Building Permit with final approval signatures from all relevant inspectors must be submitted to the Zoning Enforcement Officer upon completion of the project. CO ZEO 6 As-Built(s). Submit a certified "as -built" foundation plot plan showing all dimensional setbacks at the time of foundation inspection. BP ZEO/ ISD 7. Demolition and Construction. • All demolition shall follow the demolition permit process • A plan for vehicle parking during construction shall be submitted Prior to Demo Permit ZEO 8. Signage. No signs shall be permitted except those that meet the signage requirements in Article 7 of the WZO, and those shall be subject to a separate review and permit process. Perpetual Planning Page 12 of 14 A TRIPE COPY ATTEST .0-= cc* TOWN CLERK,' JUL - x w�� Bk: 65278 Pg: 579 33 Mt. Auburn Street ZBA-2013-29-SP/SR June 11, 2014 Zoning Board of Appeals Decision # Condition Timeframe for Compliance To be Verified by 9. Permit Expiration. In accordance with WZO §9.13, a special permit granted under §9.04 shall lapse one year from the date of grant thereof if substantial use thereof has not sooner commenced except for good cause, or, in the case of a permit for construction, if the construction has not begun by such date except for good cause, or as allowed by applicable State or Federal law. Perpetual ZEO i0 Affordable Housing. The Petitioner shall prepare and submit a Local Action Unit application to the State's Local Initiative Program and comply with ail the requirements of DHCD in order for the two affordable units to be included on the State's Subsidized Housing Inventory. BP Planning 11. Stormwater. DPW stormwater requirements and approval are required prior to building permit. BP ZEO l2 Landscaping and Site Plan. • Install sidewalk, granite curbing, and street trees, where appropriate, along the property frontages on Taylor and Mt Auburn Street per DPW and Tree Warden requirements and approval process. • Work with the DCDP to develop a signage program for the new `park'. • Any required site modifications to accommodate a transformer will accommodate access to emergency egress and open space areas around the building exterior with staff review and approval. CO DCDP 13 Site Plan Modification. Provide clearly identified assigned spaces (commercial employee, patron, residential, and building guests) 30 days of Approval ZEO 14. Bicycle Parking. In addition to racks identified on the plans, provide an option for securable hanging spaces in front of parking space within the garage. BP ZEO 15. Refuse. All trash and recycling will be located interior to the garage/structure and will be required to be collected by a private waste management company between the hours of 7 a.m. and 6 p.m. Perpetual ZEO 16 _ Community Path. The applicant has agreed to provide an appropriate improvement to accommodate the Community Path along the distance of their property frontage within the Taylor Street ROW with review and approval of the design and installation by DCDP and DPW. BP DCDP 17 • Public Park. The triangle park will be built -out in accordance with the control plans and shall be maintained in perpetuity by the current owners or future owners of 33 Mt. Auburn Street. The park shall remain in public ownership without any ownership interest in the park by petitioner. BP - Perpetual DCDP 18. Easements. An appropriate easement or agreement shall be made with the town or if other restrictions, such as Mass. State Article 97, do not allow for private access, then the project shall come back to the Board for design changes. BP DCDP 19. Screening. All mechanical (rooftop and otherwise) will be screened. 20. Lighting. All interior common lighting visible from the exterior, should match. Specifically, the interior lights along the stair/elevator facade shall provide consistent lighting. BP ZEO Page 13 of 14 ATRIA COPY ATTEST c : TOMS JUL — z curl Bk: 65278 Pg: 580 33 Mt. Auburn Street ZBA-2013-29-SP/SR June 11, 2014 Zoning Board of Appeals Decision By the Zoning Board of Appeals: Attest, by th Clerk to the Zoning Board of Appeals: Louis . Civetti Melissa M. Santucci Rozzi, Chair David Ferris, Clerk Christopher H. Heep, Member John G. Gannon, Member Kelly Donato, Member 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: jj• - z1U14 Received and entered with the Register of Deeds in the County of Southern Middlesex. Attest, Register of Deeds: Book Page J This Decision to be recorded by the Land Owner. The owner or petitioner shall pay the fee for such recording or registering. Page 14of14 AMai COPY ATTEST TOWN CLERK JUL - 2 2014