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HomeMy Public PortalAbout311 Arsenal_Decision_FINALTOWN OF WATERTOWN Zoning Board of Appeals Administration Building 149 Main Street WATERTOWN, MASSACHUSETTS 02472 Melissa M. Santucci Rozzi, Chairperson David Ferris, Clerk Christopher H. Heep, Member John G. Gannon, Member Kelly Donato, Member ZONING BOARD OF APPEALS DECISION Telephone (617) 972-6427 Facsimile (617) 926-7778 www.watertown-ma.gov On May 28, 2014 with five (5) members of the Zoning Board of Appeals (the Board) present, case # ZBA-2014-14 SP, a Special Permit 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: Staff Recommendation: Planning Board Recommendation: Zoning Board of Appeals Decision: Recorded with Town Clerk: ZBA-2014-14 SP 311 Arsenal Street 1301 1 1 Arsenal Overlay Development District Athena Arsenal LLC Lawrence Beals, Beals Associates, Inc. Special Permit for Temporary Structures (§9.11) Zoning Board of Appeals Conditional Approval, May 7, 2014 Conditional Approval, May 14, 2014 Conditional Approval, May 28, 2014 May 30, 2014 311 Arsenal Street May 30, 2014 ZBA-2014-14 SP Zoning Board of Appeals Decision I. PUBLIC NOTICE (M.G.L. c. 40A, §1 1) A. Procedural Summary Petition ZBA-2014-14 SP was heard by the Zoning Board of Appeals on May 28, 2014. As required by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice was given as follows: • Publish in the newspaper of record (Watertown Tab) on 5/9/2014 & 5/16/2014, • Post at the Administration Building and on the Town Website on 4/30/2014 and, • Mailed to Parties in Interest on 4/30/2014. B. Legal Notice "Athena Arsenal LLC, 311 Arsenal Street, Watertown, MA 02472, herein requests the Zoning Board of Appeals grant a Special Permit in accordance with Watertown Zoning Ordinance §9.11, Temporary Structures, so as to allow (3) temporary structures, each measuring 10'x20' and each with a 15x10' canopy. AODD (Arsenal Overlay Development District) " II. DESCRIPTION A. Site Characteristics The site is part of the 30 -acre Arsenal on the Charles complex. The area of the proposed project includes the grassed area in the front of the Arsenal Center for the Arts (Center) along Arsenal Street (Building #312), the defunct/demolished fountain, the area of grass immediately adjacent to the treed area to the west of the Center, and La Casa de Pedro's restaurant. Building #311 fronts on Arsenal Street, with Kingsbury Avenue, directly adjacent to it. The project site is the largest open area in the Arsenal complex along Arsenal Street and is intended to be a quasi -public tree -lined piazza. B. Surrounding Land Use The Arsenal Street corridor has a mix of uses that include restaurant, retail/office, service, and industrial/R&D to the north. There are two residential complexes and the Arsenal Park to the east. The Commanders Mansion and the Charles River greenway are located to the south of the site. C. Nature of the Request The project proposes minor modifications to the site to demolish the fountain (this has already been removed) in front of the Arsenal Center for the Arts, creating a larger green space. In addition, the project involves the construction of three (3) `temporary' sheds within the overall project area. The sheds will be 10 feet by 20 feet in size (200 square feet each). They will be for retail use, and are to be located on a new stone dust area that partially replaces an area of grass on the western side of the plaza adjacent to and within the row of trees just beyond the grassed area (See Control Documents, Site Layout & Materials Plan, Page 2 of 8 311 Arsenal Street May 30, 2014 ZBA-2014-14 SP Zoning Board of Appeals Decision Sheet C3.0). According to the Petitioner's request, "each retail shed will feature a unique vendor... " and the structures "will include a sliding doorway, a window, a counter, an ADA- compliant ramp, and a rigid canopy." Sheds will also be connected to water, electrical and sewage service using the existing underground lines within the Arsenal complex site, which run between Buildings 311, 312 and the parking garage (See Control Documents, Sewer Plan and Profile, Sheet C5.0). The sheds are proposed to be in use from June through October 2014. At their meeting on May 28, 2014, the board learned that the sheds will not have a connection to the existing sewer line. The non -potable water may be held in a holding tank; water to the sheds will be connected through the existing underground water lines used for the irrigation system (the irrigation system was removed with the fountain and a new irrigation system is to be installed). III. PUBLIC COMMENTS At the Planning Board hearing on May 14th, Payson Whitney commented that he was concerned about demolition and construction prior to receiving a permit for the project. Barbara Ruskin was concerned that this could diminish other retail areas in town. Cathy Santorian was concerned about traffic and impacts to the neighborhood. At the Zoning Board hearing on May 28t'', Cathy Santorian, 277 North Beacon Street expressed concern with employee parking on North Beacon Street and blocking of driveway visibility. Dennis Duff, 33 Spruce Street is concerned with possible damage to existing trees. Thomas Evans, 23 Palmer Street stated a mitigation plan is necessary for employees exiting and entering the site. IV. FINDINGS A. Plan Consistency The proposed temporary use is consistent with the Town's previous planning efforts. 1. Reuse Planning and Feasibility Study, 1993, updated 1995 and 1996 • Considered options for residential, open/public space, research and development, and specialized manufacturing along • Creation of a Historic District creating certain limitations on development 2. Watertown Arsenal Development Corporation and Economic Development Plan, 1997 • Aid in conversion and redevelopment of the Arsenal Site • Prioritize use as a commercial site focused on research and development • Developed major commercial center of development • Ensure positive transition with purchase by Harvard The proposed temporary commercial/retail sheds will support the previous planning efforts to create a substantial economic development and commercial center, supporting the business environment within and surrounding Arsenal on the Charles. Page 3 of 8 311 Arsenal Street May 30, 2014 ZBA-2014-14 SP Zoning Board of Appeals Decision 4. Strategic Framework for Economic Development, 08/2011 • Vision- Important historic landmarks such as .. . the Arsenal will orient people and distinguish Watertown as a unique place and destination • Strengthen the Identity of the town proximity to river, unique landmarks, flexible building sites/structures This use will update an already dynamic and flexible plaza adjacent to one of Watertown's treasured cultural assets, the Arsenal Center for the Arts and near the open space and river corridor. The overall plan will create a mix that supports the economic viability of the Arsenal and the community. C. Special Permit for Temporary Structures - Criteria &9.11 (a). The Board of Appeals may authorize issuance of permits, subject to proper conditions to protect the district from temporary structures and uses for development purposes. In order to approve a Special Permit for temporary structures, it has been determined that findings for the criteria within Section 9.05 will determine the proper conditions, if any, required for an approval. B. Special Permit Criteria §9.05(b) 1. The specific site is an appropriate location for such a use, structure, or condition. Conditionally Met: Removing the existing water fountain in front of the Arsenal Center for the Arts will result in a more cohesive gathering space within the plaza with more flexibility for community events. At the same time, the Petitioner seeks to take some of the now grassed area closest to the existing trees along Kingsbury Avenue and replace it with an 109 -foot long by 24 -foot wide area of stone dust (See Control Plans, Site Layout and Materials Plan, Sheet C3.0). The Petitioner indicates this is "to encourage pedestrian traffic along the edge of the green and through the site." Control Plan C3.0 also shows a staggered arrangement of the three proposed sheds, with either the canopy or the vending area of two of the sheds extending into/under the existing trees. This allows the interior aisle to connect the shed's retail fronts, while still allowing pedestrian access along the exterior walkway. The Petitioner states the intended use is "for the Arsenal on the Charles tenants and greater Watertown community." The proposed changes to the open space will contribute to tenant and public access/use by providing a focal and stopping point along Arsenal Street. The petitioner has indicated that the three sheds are temporary structures that will house different retail opportunities throughout the summer on a rotating basis. Upon conclusion of the season (October 31) the sheds will cease to house retail opportunities and will either be removed from the location to another location on the property for storage or be removed from the property entirely. The board has conditioned the removal of the sheds to another location, if they are to be stored on -site. Page 4 of 8 311 Arsenal Street May 30, 2014 ZBA-2014-14 SP Zoning Board of Appeals Decision 2. The use as developed will not adversely affect the neighborhood. Met: Proposed sheds may be equipped with limited electric, water service and are to be occupied from June through October. The sheds will be located within the Arsenal campus, on Kingsbury Avenue, with no impact to surrounding abutters identified. Although a sewer connection will not be provided, holding tanks for water will be. Hours of business for the proposed sheds has not been identified and exterior lighting has not been proposed. If any exterior lighting is installed, it will require full cut-off fixtures. 3. There will be no nuisance or serious hazard to vehicles and pedestrians. Met: The Petitioner states that the proposed project will have no potential for nuisance or serious hazards to vehicles or pedestrians. The design allows for use of the two outside sidewalk paths running north to south. The central aisle will be blocked, but this will not impact pedestrian access. There will be no impacts on vehicular access, as the entire proposal is within a pedestrian area. The sheds will be constructed on 4x4 pressure treated skids and placed on stabilized surfaces (either concrete or compacted gravel layer overlain with stone dust) and this approach appears to meet building requirements. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Conditionally Met: Limited water connections will be located in at least two of the sheds to facilitate the possibility of food service operations to occur. These food service operations would be mainly pre -prepared foods. The sheds with water connections would include a hand sink and a small water heater. The proposed structures, as they may vend food, will be required to meet all building, health, public works and safety requirements. The Control Plans, Sewer Plans and Profile, Sheet C5.0, indicates that electrical, water and sewer utilities to and on the site will be underground and that sanitary sewage will connect to an existing sewer line, which will require DPW approval, and this design may ne adjusted in order to meet their requirements. The project will be required to manage solid waste and/or recyclables generated by the proposed use. V. PLANNING BOARD AND STAFF RECOMMENDATION: Based on the finding that the proposed project meets the criteria set forth under §9.11 and §9.05(b) and the Arsenal Overlay Development District of the Watertown Zoning Ordinance, Planning Board (3-0) and DCPD staff recommends that the proposed temporary structures be granted. Page 5 of 8 311 Arsenal Street May 30, 2014 ZBA-2014-14 SP Zoning Board of Appeals Decision VI. ZONING BOARD OF APPEALS DECISION: The board expressed concerns with pilings installed to secure the shed to the ground (the petitioner stated that nothing will being installed on a permanent basis and that the shed canopy will be made of material not wood); excess parking on Kingsbury Avenue and the garage (they have devised an assigned parking plan with current tenants and will eventually build another garage); demolishing the fountain (they found no historical value and the removal will provide green space for this project); no building permits (they will assume the risk); trees (their landscape architect will trim trees and ensure that sheds do not damage trees — no trees will be removed without arborist report of a dead or dying tree and its' replacement planned); removed irrigation system (they will install a new irrigation system); connecting to water, sewer, electrical (they have a water line that fed the irrigation system that they will connect to; DPW will not approve connecting to sewer at this time; therefore, they will have a non -potable water holding tank and electrical power exists); storage of sheds once season ends (they will either dismantle the sheds or move them to another location — a plan for their location will be required to be approved by DCDP); the shed design has changed (the sheds are assembled off -site and brought in; a photo will be provided); signs (all signage requires separate review and permit process). Member Ferris motioned to grant the Special Permit for three temporary sheds with conditions discussed; photo of sheds; storage plan, etc. Member Heep seconded. Voted 5-0 to approve request. Petition 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 application materials and the control plans, as modified by these conditions, submitted by the Petitioner: 1. Cover Sheet (CO)— The Arsenal on the Charles/Arsenal Street -(4/15/14) 2. Key Plan (C1.0) — (4/15/14) 3. General Notes (C1.1) — (4/15/14) 4. Property Line Figure (C2.0) — (4/15/14) 5. Existing Conditions Plan: 312 Green (C2.1) — (4/15/14) 6. Existing Conditions Plan: Kingsbury Avenue (C2.2) — (4/15/14) 7. Site Layout and Materials Plan: 312 Green (C3.0) — (4/15/14) 8. Grading Plan: 312 Green (C4.0) — (4/15/14) 9. Sewer Plan and Profile: Kingsbury Avenue (C5.0) — (4/15/14) Any sewer connection would require DPW approval 10. Utility Plan: 312 Green (C6.0) — (4/15/14) Any sewer connection would require DPW approval 11. Demolitions and Removals Plan: 312 Green (C7.0) — (4/15/14) 12. Miscellaneous Site Details - (C8.0) — (4/15/14) Water, electric, and sewer require separate permitting. Perpetual ZEO/ ISD Page 6 of 8 311 Arsenal Street ZBA-2014-14 SP May 30, 2014 Zoning Board of Appeals Decision # Condition Timeframe for Compliance To be Verified by 13. Sanitary Sewer Details — (C8.1) — (4/14/15) Any sewer connection would require DPW approval 14. Shed photo elevations 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 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 may be considered and approved by the DCDP Director that are found to be consistent with the project approval granted by the SPGA 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 and/or Land Court as needed. BP ZEO 4. Codes/Regulation Compliance. The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. Specific uses will require Health, Licensing and/or DPW approvals. 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 •ro'ect. CO ZEO 6. Signage. No signs shall be permitted except those that meet the signage requirements in Article 7 and the AODD of the WZO , and those shall be subject to a separate review and permit process. Perpetual Planning 7. Permit Expiration. In accordance with WZO §9.11, a special permit granted subject to this section of the WZO shall lapse one year from the date of 'rant thereof. Perpetual ZEO 8. Storage/Removal of Structures. Upon conclusion of the season, the sheds will cease to house retail opportunities and will be moved to an acceptable storage area interior to the site (subject to review by the Director of DCDP) or removed from the property entirely. The sheds will not remain in their current location. October 31, 2014 ZEO/DC DP 9. Landscaping and Site Plan. The Petitioner shall protect existing plantings, trees and light poles and install stone dust pad, granite edgestone and sod as shown on Control Plans C3.0 and C8.0. No trees are to be removed without an arborist reports identifying a hazardous condition (dead/dying tree) and replacement trees shall be provided with review by the DCDP/Tree Warden. Irrigation shall be maintained. Perpetual DCDP/ Tree Warden 10 Lighting. Any exterior lighting will require full cut-off fixtures and be dark -sky compliant. CO ZEO 11 Refuse. The Petitioner shall provide a plan showing the location of trash and recycling containers. Solid waste and recyclables will be required to be collected b a .rivate waste mana: ement com s an . Perpetual ZEO Page 7 of 8 311 Arsenal Street May 30, 2014 ZBA-2014-14 SP Zoning Board of Appeals Decision By the Zoning Board of Appeals: Melissa M. Santucci Rozzi, Chair David Ferris, Clerk Christopher H. Heep, Member John G. Gannon, Member Kelly Donato, Member Attest, by the Clerk to the Zoning Board of Appeals: Louise A. Civetti **************************************************************************** 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 to be recorded by the Land Owner. The owner or petitioner shall pay the fee for such recording or registering. Page 8 of 8