HomeMy Public PortalAboutDecision -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
ZONING BOARD OF APPEALS
DECISION
Telephone (617) 972-6427
Facsimile (617) 926-7778
www.watertown-nna.gov
On February 26, 2014 with five (5) members of the Zoning Board of Appeals (the Board) present,
case # ZBA-2014-05 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:
ZONING RELIEF SOUGHT:
SPECIAL PERMIT GRANTING AUTHORITY:
SITE PLAN REVIEW MEETING:
STAFF RECOMMENDATION:
PLANNING BOARD RECOMMENDATION:
ZONING BOARD OF APPEALS DECISION:
RECORDED WITH TOWN CLERK:
ZBA-2014-05 SP/SR
314 & 330 Arsenal St and 121-125 Walnut St
103 4 70; 103 5 30; & 103 89B 0
Industrial (I-3)
Arsenal View LLC, 149 Arsenal St, Watertown, MA
Special Permit/Site Plan Review-
• §5.01.3 (d) New and Used Cars for Sale or Lease
and the Display and Storage of Operable Vehicles
and
• §5.01.3 Conversion from Industrial to Commercial
Zoning Board of Appeals
January 7, 2014
Conditional Approval, February 7, 2014
Conditional Approval, February 12, 2014
Conditional Approval, February 26, 2014
March 12, 2014
314 & 330 Arsenal St and 121-125 Walnut St March 12, 2014
ZBA-2014-05-SP/SR Zoning Board of Appeals Decision
I. PUBLIC NOTICE (M.G.L. C. 40A, 11)
A. Procedural Summary
Petition ZBA-2014-05 SP/SR was filed and stamped into the Town Clerk's office on January 21, 2014
and was heard by the Zoning Board of Appeals on February 26, 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 02/07/2014 and 02/14/2014.
• Posted at the Town Administration Building and on the Town Website on 01/29/2014; and,
• Mailed to Parties in Interest on 01/29/2013.
B. Legal Notice
"314, 330 Arsenal Street/121-125 Walnut Street - Murray S. Patkin, Manager, Arsenal View LLC, 149
Arsenal Street, Watertown, MA 02472, herein requests the Zoning Board of Appeals grant a Special
Permit/Site Plan Review in accordance with Watertown Zoning Ordinance §5.01.3(d), Table of Use Regs,
Vehicles for Sale, so as to raze existing building at 314 Arsenal St; convert a portion of 125 Walnut to
Auto Dealership Use with parking and landscape improvements; change vehicle entry of 330 Arsenal and
construct off-street public bike/pedestrian path. Located in the 1-3 (Industrial) Zoning District."
II. DESCRIPTION
A. Site Characteristics
The project site is comprised of four lots known as 314, 330 Arsenal Street and 121-125 Walnut Street
with approximately 524,973 s.f. (12.05 acres). Currently, the Arsenal Street site has a Lexus New Car
Dealership (corner of Arsenal Street and School Street) and an adjacent Lexus Used Car Dealership along
Arsenal Street. These two Lexus sites share a `prep' center with garage doors facing Arsenal Street.
There are substantial parking spaces for the display of vehicles and to accommodate parking for
customers. The adjacent site on Walnut Street currently only has access from Walnut Street with parking
on the side and `rear' facing Arsenal Street.
B. Surrounding Land Use
The site sits across Arsenal Street from the "Arsenal on the Charles", a mixed -use office complex in the
former Army Arsenal site. Office and industrial uses are located directly to the west. A "Verizon"
industrial use located on Walnut Street is surrounded by the project site on three sides. A mix of
residential uses are located to the north of Walnut Street.
C. Nature of the Request
The request is for a Special Permit with Site Plan Review under §5.01.3, to allow a conversion of an
industrial/office building site into a retail use for the sale and storage of vehicles. The project would
combine several parcels and allow direct access to a portion of 125 Walnut Street from Arsenal Street.
All access for the converted space would be from Arsenal Street and the portion of 125 Walnut Street not
converted would continue to operate, park and have access from Walnut Street. The project proposes to
remove several curb openings along Arsenal Street and improve the access and parking areas for the
entire site. There would be substantial stormwater, landscape, and open space improvements including
the construction of an off-street public multi -use path along the entire Arsenal Street frontage of the
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314 & 330 Arsenal St and 121-125 Walnut St March 12, 2014
ZBA-2014-05-SP/SR Zoning Board of Appeals Decision
property. The project will also demolish the existing used car dealership building located at 314 Arsenal
Street, which will allow for the extension of the community path.
III. PUBLIC COMMENT
The Petitioner held a community meeting February 5, 2014 where public comment was received. Staff
was not in attendance.
At the Planning Board meeting Paula Halpin, 86 Walnut Street, requested that any upgrades to HVAC be
as far from Walnut Street and as quiet as possible and requested that if feasible, the petitioner continue to
allow overnight parking. Mark Sideris provided a letter showing full support for the project.
At the Zoning Board hearing, Marie Saiz spoke on behalf of the Watertown Bicycle —Pedestrian
Committee, requesting that the proposed path along the length of the petitioner's property be located
further away from Arsenal Street. Janet Jameson also spoke on behalf of the Watertown Bike-Ped
Committee, stating that the ideal location for the bike path would be along the former railroad property.
Richard Markerson, a Walnut Street resident stated that he is in support of the project and added that
Murray Patkin has been a very good neighbor. Dennis Duff, 33 Spruce Street stated that he would like to
have 'open space' further defined as `green open space'. He added that there should be a limit to the
number of auto dealerships in Watertown. Leo Patterson, 60 Channing Road, was concerned with
additional traffic and parking on Walnut Street.
IV. FINDINGS
A. Plan Consistency
Although the "Strategic Framework for Economic Development" did express a concern regarding
automotive oriented uses in the surrounding area, this project represents an opportunity to support an
existing business in Watertown. Its adaptive reuse of an existing building and its ability to place autos
inside that building, while removing detrimental aesthetics along Arsenal Street, all make this a project
consistent with the Town's objectives for this immediate area.
B. Special Permit with Site Plan Review §5.01.3 & (d) (Commercial Conversion and Cars
for Sale)
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 §9.05(b)
1. The specific site is an appropriate location for such a use, structure, or condition.
Met: The proposed use and partial conversion is allowed by Special Permit with Site Plan Review in
this district. The project will provide significant upgrades to the site and create a frontage for a
building that has been visible from Arsenal Street but has historically been separated by the old
railroad corridor. The previous approvals allowed for major improvements to the intersections of
Walnut Street, School Street, and Arsenal Street. This project will continue the visual aesthetic to an
area currently dominated by vehicle parking and storage. The site will continue to have front yard
parking but the additions of open space and public amenities (Community Path) offset the car -focused
nature of a car dealership. The project will also store a substantial number of the vehicles within the
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314 & 330 Arsenal St and 121-125 Walnut St March 12, 2014
ZBA-2014-05-SP/SR Zoning Board of Appeals Decision
building, which is a good solution to minimize the visual impact of the dealership from Arsenal
Street. The proposal will also bring an existing non -conforming side yard into compliance with the
WZO.
2. The use as developed will not adversely affect the neighborhood.
Conditionally Met: The proposed development will contain storm water onsite and reduces the total
amount of impervious area. The project has also proposed to plant new street trees along the Arsenal
Street frontage and provide a multi -use path along that frontage. A series of planting strips within the
17-20 foot front yard buffer area will serve the dual purposes of providing landscaped screening and
pervious areas to retain storm water onsite. A substantial section of the 125 Walnut Street site will
now have direct access to Arsenal Street with no through -site access. This will decrease the amount
of potential traffic on Walnut Street, a long-term goal for this former industrial corridor.
3. There will be no nuisance or serious hazard to vehicles and pedestrians.
Conditionally Met: Traffic to Walnut Street will be reduced since the Lexus dealership will only
have access from Arsenal Street. The Arsenal Street sidewalk will be supplemented by a multi -use
path, which will provide a clear route along the frontage of the property. The Lexus prep center will
have all vehicular access moved to the rear of the building, which will remove a very dangerous
pedestrian/vehicle area from the front facade. Interior site access and flow will be improved and an
area internal to the site will be able to accommodate vehicle delivery, removing on -street truck
deliveries.
Best practice recommends a minimum of 10' for multi -use paths. Therefore, a condition of this
decision will be to accommodate 10' for the community path along the entire frontage.
This site will continue to have a mix of uses and since Arsenal Street is on a transit line, a pedestrian
route shall be included to provide a clearly marked route (use of a sidewalk, striping, or change in
materials) to the new front entrance of the Lexus show room, as well as for pedestrians accessing the
rear of the site from Arsenal Street.
4. Adequate and appropriate facilities will be provided for the proper operation of the proposed
use.
Conditionally Met: The proposal will meet all building, health, and safety requirements. The site,
which currently has a dated stormwater management system in place, will incorporate best practices
to manage stormwater retention on site and treat any runoff before being discharged into the
stormwater system. The Town encourages Low Impact Development (LID) techniques when
possible and this project provides landscaped areas to serve as rain gardens.
Site Plan Review Criteria §9.03 (c)
The Site Plan Review Committee met on January 7, 2014 and this decision has incorporated comments
within the context of the ten criteria for Site Plan Review provided in §9.03(c) of the WZO, as indicated
by the following findings:
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,
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314 & 330 Arsenal St and 121-125 Walnut St March 12, 2014
ZBA-2014-05-SP/SR Zoning Board of Appeals Decision
including screening of adjacent residential uses, provision of street trees, landscape islands in the
parking lot and a landscape buffer along the street frontage"
Met: A portion of the existing landscape will be preserved in its current state by minimizing tree and soil
removal as much as feasible. The paved area in front of the automotive prep building and Arsenal Street
will be removed and replaced with landscaping with a mix of evergreen and deciduous shrubs of native
and naturalized species. The existing display/parking area adjacent to Arsenal Street will be reconfigured
to provide an increased landscaped buffer where pavement currently extends to the property line.
Landscaped islands will be constructed as part of the parking lot plan. Street trees are proposed to
improve the streetscape along Arsenal Street with species suggested by the town's Tree Warden.
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 effect of shadows on abutting
property in all districts or on public open space.
Met: No new buildings or increase in square footage is proposed. Modifications to the existing structures
on Arsenal and Walnut Streets are limited to interior reconfigurations and minor renovations to the
existing building envelopes. The prep building on Arsenal Street will have all existing overhead doors
removed facing Arsenal Street with a facade that is in keeping with the adjacent Lexus building with
matching Lexus architectural features. The Walnut Street structure will have primarily interior
reconfigurations with facade improvements that include repainting of existing metal panels at the top of
the building and a new side access garage door that will not be visible from Arsenal Street. The building
will gain a `front' facade with a new retail entrance centered on and facing Arsenal Street. The Walnut
Street frontage will remain unchanged but will have some updated landscaping.
3. Open Space: "All 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."
Conditionally Met: The proposed project will increase open space by 1,000 square feet, more than
required by the Zoning Ordinance. The open space consists of an extension of the multi -use community
path along the entire frontage of the site and improvement of other existing open space. The proposed
open space between parking area and Arsenal Street will provide a minimum buffer of 17 feet, including
approximately 9 ft. of landscaping and proposing an 8ft. wide bike path. The improvements will be very
visible from Arsenal Street and will be a substantial improvement over the existing site conditions.
Since the initial construction of the community path, best practice has identified that a minimum of 10
feet should be provided, if possible, to allow for safer two-way bicycle traffic and to minimize potential
conflicts between bicycles and other users on the path and adjacent sidewalk. Therefore, a condition of
this approval recommends providing a 10' width for the path.
4. Circulation: Special attention shall be given to traffic circulation, parking areas and access
points to public streets and community facilities in order to maximize convenience and safety of
vehicular, bicycle and pedestrian movement within the site and in relation to adjacent streets.
Conditionally Met: Vehicular and pedestrian circulation appear to promote safe and convenient access to
the proposed Lexus Pre -Owned facility (125 Walnut Street) and the existing Lexus Dealership at 330
Arsenal Street. Two (2) existing curb cuts on Arsenal Street are proposed to be eliminated with three (3)
existing curb cuts to remain. All curb cuts, parking spaces and aisles meet the requirements of the Zoning
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314 & 330 Arsenal St and 121-125 Walnut St March 12, 2014
ZBA-2014-05-SP/SR Zoning Board of Appeals Decision
Ordinance. The design also proposes to relocate a portion of the existing community path and extend it
along the frontage of the site. This will allow safer passage. The design provides adequate access for
emergency and service vehicles as well as provision for safe vehicular, bicycle and pedestrian access.
The board requested the petitioner close the western most curb opening, providing only two openings to
the new retail building and the prep center. The curb opening originally used as an exit at the pre -owned
building will be closed and landscaping added.
Since this site will continue to have a mix of uses and Arsenal Street is on a transit line, a pedestrian route
shall be included to provide a clearly marked route (use of a sidewalk, striping, or change in materials) to
the new front entrance of the Lexus show room as well as for pedestrians accessing the rear of the site
from Arsenal St.
5. Surface Water Drainage: "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 stormwater management system utilizes mechanical and natural Best Management
Practices (BMPs) including bio retention area (rain garden) within landscaped areas and pretreatment
devices such as catch basins and particle separators to attenuate and renovate peak rates of runoff. The
project will involve a net reduction of approximately 1,000 SF of impervious surface which will result in
lower peak rates of runoff and volumes discharged to the municipal drainage system and ultimately to the
Charles River. Although this is a redevelopment project, the stormwater management system was
designed to be in full compliance with the DEP's Stormwater Management Policy. All BMPs shall be
supported by a comprehensive Construction Phase Pollution Prevention and Erosion Control Plan and
Post -Development BMP Operation and Maintenance Plan.
A low -impact storm water management system, specifically a rain garden, is proposed for the
redevelopment of this site. The proposed stormwater rain garden is designed to attenuate peak flows
generated by all storm events to ensure that post -development peak flows generated by all storm events
are less than pre -development flows at the design point and allow for recharge to groundwater. This "low -
impact" stormwater management technique will eliminate dependence on proprietary subsurface
stormwater systems which can be tedious to maintain, expensive to replace and do not utilize vegetation,
enhanced soil media and other "natural" site features to renovate and mitigate stormwater runoff from
impervious surfaces. Furthermore, as an organic alternative to stormwater management, these systems
also provide a higher level of treatment for removal of nitrogen, phosphorus and metals through plant -root
uptake and enhanced soil media.
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."
Met: The Petitioner has stated that the utility services at all existing buildings will be adequate to
accommodate the proposed renovations. The existing showroom building at the 314 Arsenal Street
property will be demolished and all utilities will be properly abandoned in accordance with Department of
Public Works requirements.
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314 & 330 Arsenal St and 121-125 Walnut St March 12, 2014
ZBA-2014-05-SP/SR Zoning Board of Appeals Decision
7. Environmental Sustainability: "Proposed developments shall seek to diminish the heat island
effect; employ energy conscious design with regard to orientation, building materials and shading; utilize
energy -efficient technology and renewable energy resources; and minimize water use."
Conditionally Met: LID stormwater management systems will be incorporated. Rain gardens (bio-
retention systems) provide an added benefit over proprietary subsurface or closed drainage systems, only.
Existing impervious materials will be reduced and landscaped areas increased. Interior environmental
sustainability features include new energy efficient light fixtures, new interior finishes consisting of
recycled materials, and low VOC adhesives will be used throughout the project. Windows will consist of
thermally broken aluminum frames with 2 -layer low -e glass.
As part of this approval, the petitioner shall have an energy assessment completed to determine the
viability of rooftop photovoltaic system.
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: Evergreens are proposed for taller screening, where appropriate. The display/parking area along
Arsenal Street will be reconfigured to provide a landscaped buffer in locations where the pavement
currently extends to the property line. Dumpsters will be relocated to the rear of the existing prep center
building where it will be screened with fencing and landscaping.
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. There is adequate access provided for fire and police. All curb cuts,
parking spaces and aisles were designed to meet the requirements of the Zoning Ordinance in order to
ensure sufficient access for fire, police and other emergency equipment. The design also involves the
relocation of a portion of the existing bike path to provide a safer and visible option for users. All interior
renovations will meet local and state building codes, as required.
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."
Met: The landscaping and open space will help to reduce the "heat island effect" that results from large
areas of impervious paved area. The provision of a stormwater management system will treat and
minimize runoff. The site is equipped with 'dark sky' compliant lighting. The proposal is limited to
renovation of a portion of the existing structures. There will be no building expansion or increase in
square footage. The Walnut Street frontage will remain as is and maintain its existing streetscape and
appearance. Modifications to the prep center and Arsenal Street facing portion of the Walnut building are
limited to interior reconfigurations and limited renovations to the existing building envelope, including
reconfiguration of vehicle access points, repainting of existing metal panels, the addition of a new exterior
retail entrance component along the facade of the brick structure facing Arsenal Street. The majority of
the renovations will be to the interior. The brick facade will be maintained. Lexus architectural features
will be added for consistency between the three buildings.
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314 & 330 Arsenal St and 121-125 Walnut St March 12, 2014
ZBA-2014-05-SP/SR Zoning Board of Appeals Decision
V. STAFF & PLANNING BOARD RECOMMENDATION:
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 §5.01.3 be granted with conditions. The Planning Board
suggested that the petitioner attempt to screen the air handlers/HVAC on the Preparation Center if
feasible.
VI. ZONING BOARD OF APPEALS DECISION
Steve Magoon, Director, DCDP noted that town works directly with the Bike-Ped Committee and
supports their efforts. This petitioner willingly provided a path along their property. He added that this is
not an additional dealership — they are placing 300 cars for sale inside an existing building for an existing
dealership.
Members John, Heep and Santucci Rozzi were concerned with the three (3) remaining curb openings.
They have conditioned the approval on limiting the curb openings to two (2) for public safety.
Members Heep and Santucci Rozzi expressed concern regarding the gate and requested it be shown on the
plan, installed and maintained to eliminate a cut -through situation except emergency vehicles.
Member Gannon acknowledged the fire safety concerns for the interior of the building with 300 autos
being stored indoors; however, the petitioner stated there were no issues expressed by the fire department.
Member Ferris requested the glazing on the windows match and suggested sandblasting the glass. He
also suggested the interior island landscaping be continuously maintained.
Member Ferris motioned to grant the Special Permit with Site Plan Review with the conditions discussed
as this request meets the requirements of the Watertown Zoning Ordinance. Member Heep seconded.
Voted 5-0. Granted.
VII. CONDITIONS
The table below lists the conditions of approval including timeframes for compliance:
#
Condition
Timeframe
for
Compliance
To be
Verified
by
1 .
Control Documents. This approval is based upon the following application
materials and the plans submitted by the Petitioner, as revised by these
conditions:
Project Packet labeled: "Lexus Pre -Owned at Walnut Street and Arsenal
Street" Special Permit Application 01.14.14 by ahp Architects, 20
Chelmsford St, Chelmsford, MA with drawings: G.000 Cover Sheet, G.001
General information, H-1 Existing Conditions Plan, H-2 Site Layout Plan, H-
3 Zoning Compliance Plan, C-1 Demolition Plan, C-2 Grading & Drainage
Plan, B1 -X. 101, 102, 103, 201 & B2 -X. 101, 201 (Existing Conditions
Architectural Plans), and B1 -A 101, 102, 103, 111, 121, 201 & B2 -A 101,
102 (Proposed Architectural Plans)
Perpetual
ZEO/
ISD
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314 & 330 Arsenal St and 121-125 Walnut St
ZBA-2014-05-SP/SR
March 12, 2014
Zoning Board of Appeals Decision
#
Condition
Timeframe
for
Compliance
To be
Verified
by
2.
Plan Modifications. Neither the Petitioner nor any present or future owner
of any interest in the project shall change or modify either the control plans
CO
ZEO/
ISD
referenced in this decision, or the project itself, without first filing a formal
request with the DCDP for an opinion as to whether or not such change or
modification requires further review from the Granting Authority. Minor
modifications may be considered and approved by the DCDP Director if
found to be consistent with the on inal ro.ect.
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/Regulations 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
Health Department. Prior to demolition, the Petitioner shall comply with
all Health Department requirements.
Demolition
Health
7.
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
8.
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
9.
Landscaping. The landscaping as identified with the control plans shall be
maintained in perpetuity.
Perpetual
DCDP
10.
Pedestrian Access. A pedestrian route shall be included to provide a clearly
marked route (use of a sidewalk, striping, or change in materials) to the new
front entrance of the Lexus show room as well as for pedestrians accessing
the rear of the site from Arsenal Street
perpetual
ZEO/DC
DP
11.
Energy Assessment. The project will have an energy assessment completed
to determine the viability of a rooftop photovoltaic system. The petitioner
shall indicate in writing, what actions/outcomes will be taken with a copy of
the assessment to DCDP.
BP
ZEO/DC
DP
12.
Easements. The proposed multi -use path shall be 10' in width (with final
review by DCDP) and be maintained in perpetuity. Legal requirements to
allow public access shall be approved through the DCDP office.
CO
DCDP
13.
Conditions. Previously approved conditions not amended under this
approval will remain in effect.
Perpetual
ZEO
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ZBA-2014-05-SP/SR
March 12, 2014
Zoning Board of Appeals Decision
#
Condition
Timeframe
for
Compliance
To be
Verified
by
14.
Update Control Documents.
• Show the location and style of gate to be used to control potential
cut -through traffic from Walnut Street through the site to Arsenal
Street.
• Provide an updated plan show the elimination of one additional curb
cut on Arsenal Street, working with staff on the reconfiguration of
the curb openings and display area. Also, show the pedestrian route
as required in Condition #10.
BP
DCDP
15.
Street Trees: The petitioner will work with the Tree Warden to plant street
trees in appropriate locations along Arsenal Street.
CO
ZEO
16.
Outside Display Area: There shall be no more than 86 display
spaces/vehicles at one time.
CO
ZEO
17.
Access: Will be continuously maintained to eliminate a cut-thru from
Walnut Street to Arsenal Street except for emergency vehicles.
Perpetual
ZEO
18.
Design. A design element shall be added to the middle building (the prep
center building) to show a common Lexus architectural theme.
BP
ZEO
By the Zoning Board of Appeals:
Melissa M. Santucci Rozzi, Chair
David Ferris, Clerk
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
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ZBA-2014-05-SP/SR Zoning Board of Appeals Decision
*******************************k******9:***** 9: 9: 9: 9: 9: 9: 9:******k******* **********
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.
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