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HomeMy Public PortalAboutStaff Report_21_N Beacon St_FINAL_201407070802443389Town of Watertown Department of Community Development and Planning STAFF REPORT This Staff Report is a technical analysis of the submitted application material and the required findings of the Watertown Zoning Ordinance. It is based only upon information submitted prior to the public hearing and may be revised or updated with new recommendations, findings and/or conditions as new information is obtained by Planning Staff during the public hearing process. CASE NUMBER: SUBJECT PROPERTY: PARCEL ID NUMBER: ZONING DISTRICT: PETITIONER: ZONING RELIEF SOUGHT: SPECIAL PERMIT GRANTING AUTHORITY: DATE OF STAFF REPORT: STAFF RECOMMENDATION: DATE OF PLANNING BOARD MEETING: DATE OF ZBA MEETING: ZBA-2015-18 SPF 21 North Beacon Street 906 20 0 CB (Central Business) Zoning District Gregory Sampson, Attorney/US Auto Group of Massachusetts, Ltd., d/b/a Boston Volkswagen Special Permit Finding §4.06(e): Replacing a Non - Conforming Use (Auto Repair) with another Non - Conforming Use (Auto Dealership with Accessory Auto Service) at the former Sullivan Tire site Zoning Board of Appeals July 2, 2014 Conditional Approval July 9, 2014 July 23, 2014 21 North Beacon Street ZBA-2014-18 SPF July 2, 2014 Staff Report I. PUBLIC NOTICE (M.G.L. C. 40A, 11) A. Procedural Summary Petition ZBA-2014-18 SPF is scheduled to be before the Planning Board on July 9, 2014 and the Zoning Board of Appeals on July 23, 2014. As required by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice will be or was given as follows: • Publish in the newspaper of record (Watertown Tab) on July 4, 2014 and July 11, 2014; • Post at the Town Administration Building and on the Town Website on June 25, 2014; and, • Mailed to Parties in Interest on June 25, 2014. B. Legal Notice "Gregory Sampson, Attorney, Robinson & Cole LLP, One Boston Pl., 25`h Floor, Boston, MA 02108 for US Auto Group of Massachusetts, Ltd., d/b/a Boston Volkswagen, herein requests the Zoning Board of Appeals grant a Special Permit Finding in accordance with §4.06(e), Replacing a Non -Conforming Use (auto repair) with another Non -Conforming Use (auto dealership with accessory auto service) at former Sullivan Tire Site. CB (Central Business) Zoning District ZBA- 2014-18. " Oblique close up view of front facade Front showing vehicle service bays and large rollup door to storage area II. DESCRIPTION A. Site Characteristics The subject property is a 13,284 square foot lot located at 21 North Beacon Street, which, according to the Petitioner's description, has a single -story building that is approximately 157 feet long and 32.4 to 60 feet deep, having a 6,700 square foot footprint. The building was most recently occupied by Sullivan Tire. The site is currently completely paved, with nine parking spaces in the front and an apron accessing the seven vehicle service bays. The property is currently nonconforming regarding use, per Section 5.01.5(0 of the Table of Use Regulations. Motor Vehicle Repair as a Principal Use is not allowed in the Central Business zone. According to the Petitioner's application, the existing building conforms to the Floor Area Ratio and height limitations in the CB District. The existing parking is legally non- conforming as to the existing number of spaces. The Petitioner also states that the Zoning Board of Appeals granted a variance in 1972 for the parking space setback from the property line so as to allow a zero foot setback, and for the driveway width to be less than 24 feet. Page 2 of 7 21 North Beacon Street ZBA-2014-18 SPF July 2, 2014 Staff Report B. Surrounding Land Use Located in the CB (Central Business) Zoning District, the property abuts existing commercial/retail development on both sides: Logan Furniture to the North and the Kimura Martial Arts studio, Diner Restaurant, and MacDonald Academy of Martial Arts to the South. Abutting to the rear is the Riverside Apartment complex. West of the site is the junction of North Beacon and Arsenal Street, with mixed residential/commercial buildings, an auto body shop, a Firestone Tire and service store, and other retail uses. C. Relevant Permit History • ZBA Decision - July 20, 1972: Special Permit for retail sale of automotive products and accessory motor vehicle service and Variance for driveway of 20' and no setback where 8' is required. The plan identified 12 parking spaces, one loading door to access a 2,484 s.f. storage area, 6 service doors to access a 2,079 s.f. service area, and one access door for a 1,640 s.f. sales area. • The following is a condition of the 1972 approval: o "That between the off-street parking area and the street line of North Beacon Street, a row of planters be cultivated along said street line to provide a natural barrier between the parking area and the public sidewalk." D. Nature of the Request The Petitioner is requesting a Special Permit Finding to replace an existing, non -conforming use (Auto Repair/Sullivan Tire) with another non -conforming use (Auto Dealership with Accessory Auto Service/Boston Volkswagen). The Petitioner, Boston Volkswagen, currently has a full service automobile dealership at 43 North Beacon Street. According to the company's website, at this dealership, customers can purchase new or used vehicles, have vehicles serviced, have bodywork done, and order parts. The Petitioner's request to the Board states that "the sale of pre -owned vehicles is becoming an increasingly important component of dealerships" and the 21 North Beacon Street site would allow the Petitioner to expand their business. The Petitioner further states that the expansion to the 21 North Beacon Street site would be to "change a portion of the site... by reducing it to a two -bay motor repair use (1,407 square feet) and permit the remaining area (5,293 square feet).." to be used to relocate Boston Volkswagen's existing pre- owned/used car sales office to the project site. This sales office is currently located at 43 North Beacon Street. As noted in the paragraph above, the proposed project involves a reconfiguration of the existing Sullivan Tire building. This is shown in more detail in the Supplemental Drawings provided with the Petitioner's application. The New Work Plan drawing shows how the interior will be configured, with two vehicle work bays shifted to the south end of the building. The remaining space would be redesigned to accommodate a lobby, six sales offices, a nine vehicle showroom, kitchenette, bathrooms, and storage. The project would involve a redesign of the building's North Beacon Street facade, with large windows taking the place of the existing service bay doors and a new customer entrance taking the place of the exiting metal roll -up door. The parking layout is also being revised to accommodate nine spaces with one being a handicap van space. Employees will be directed to park at the 43 North Beacon Street, so as to reserve the spaces in front of the building for customers. Page 3 of 7 21 North Beacon Street ZBA-2014-18 SPF July 2, 2014 Staff Report The Site Plan provides detail as to how the existing parking and street presence would be changed to accommodate the proposed use. The existing concrete apron and sidewalk along the North Beacon Street facade would be retained. Existing trees along North Beacon Street will be retained, and two new landscaped areas will be added along the sidewalk. The Site Plan also suggests Volkswagen will include a new pylon flag sign with secondary illumination. The proposal also suggests two new signs on the main facade, as shown on the elevation drawings. The signage shown on the plans are for illustrative purposes only and are not part of the approval of this permit. Signage would require a separate, administrative permit through the town's building office. III. FINDINGS A. Plan Consistency This project is not consistent with development within Watertown Square but is a change in use from one non -conforming use to another use that is less impactful, improving pedestrian safety and decreasing the non -conforming parking. B. Special Permit Finding §4.06(e)/§4.06(a) In accordance with §4.06(e), "a pre-existing non -conforming use may be replaced by another non- conforming use, at least as restricted in Article V as the existing use, subject to the Board of Appeals finding as provided in Section 4.06(a)." Further, §4.06(a) states in relevant part that "such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming use, structure or building to the neighborhood." Conditionally Met: The Petitioner's request is to create a "conversion of 79% of the facility from motor vehicle repair... to vehicle sales... " with the remaining 21% of the site continuing to be used for motor vehicle repair associated with the sale of motor vehicles. The Petitioner claims in the application that the overall impact of the proposal "moves the property towards a `retail -type use, albeit for vehicle sales" which is more consistent with uses allowed in the CB district. As requested, the Petitioner is seeking to retain a part of the site as the existing, non -conforming motor vehicle repair use and add another non -conforming use, vehicle sales. Suggesting two primary non- conforming uses creates confusion as to what non -conforming uses could occur on the site by right. The addition of another non -conforming use would require a Use Variance, which are not permitted in the Town of Watertown. Therefore, the proposed conversion must clearly reflect what is being requested, which is a used car -dealership categorized as Vehicle Sales, with an accessory use relating to vehicle servicing for vehicles being sold onsite. The current use requires 21 parking spaces and the new use requires 17 where nine are provided. This reduces the non -conforming parking. Further, the Transportation Analysis by McMahon indicates that there will be a reduction in peak hour trips to and from the site, although total weekday trips will increase slightly (total of 49 more trips). The restrictions on the types of vehicle servicing offered at the site is intended to clearly link the onsite services to the used vehicle sales function. These restrictions will help differentiate this use from the adjacent full service Volkswagen dealership, limit the use of hazardous materials and the generation of hazardous waste, and ensure that there is only "minor" vehicle servicing. The conditions would also limit the amount of contaminated water that could be generated from the site if vehicle washing or steam cleaning was allowed. Page 4 of 7 21 North Beacon Street ZBA-2014-18 SPF July 2, 2014 Staff Report The site should be conditioned to ensure that the proposed use will not be substantially more detrimental than the existing use, including those related to the operations and site improvements which ensure that the use does not exceed the available onsite parking and will provide a more defined site design. IV. STAFF RECOMMENDATIONS Staff suggests the Planning Board recommend conditional approval of the requested Special Permit Finding §4.06(e) and §4.06(a). V. CONDITIONS # Condition Timeframe for Compliance To be Verified by 1. Control Plans. The Control Plans shall be: A. Alta/ACSMLand Survey Title Sheet, 21 North Beacon Street, Watertown, MA, dated 5/6/14, signed and stamped 6/9/14 by Michael El Gravitt, Land Surveyor, Shows existing conditions B. Site Plan, 21 North Beacon Street, Watertown, MA, dated 6/12/14, signed and stamped by Brian W. Timm, Registered Professional Engineer C. Supplemental Drawing, New Work Plan, by Harley Ellis Devereaux, Shows proposed new interior D. Supplemental Drawing, Proposed North Beacon Street Elevations, by Harley Ellis Devereaux BP/ Perpetual ZEO/ISD 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 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 original project. 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 appropriate. 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. 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 Page 5 of 7 21 North Beacon Street ZBA-2014-18 SPF July 2, 2014 Staff Report # Condition Timeframe for Compliance To be Verified by 7. Curb/Planter. 1. Between the off-street parking area and the street line of North Beacon Street, a planter bed shall be installed to provide a natural barrier between the parking area and the public sidewalk. This shall be accomplished by installation of granite curbing with a landscaped bed along the front parking spaces to prevent vehicles from encroaching into the sidewalk. (Condition of approval for the 1972 variance) BP/Perpetual ZEO/DCDP 8 Site Operations. 1. The service bays and showroom doors shall be open only when vehicles are entering or exiting. 2. Onsite vehicle service bays shall be restricted to no more than two (2), as shown in the Control Plans. 3. Onsite vehicle service bays shall be used for cars taken in trade, to be sold, or that were sold that are located on the site. 4. Onsite vehicle servicing shall be limited to minor servicing such as diagnostic checks of the vehicle's inboard computer, vacuuming of the vehicle's interior, changing of vehicle tires and wiper blades, as well as tire rotation and inspection of and replacement of belts and/or hoses. Servicing shall not include any major vehicle servicing or bodywork, including engine or transmission replacement. Perpetual ZEO 9 Site Design. 1. No more than nine (9) passenger vehicle parking spaces on site for customers, deliveries or employees. 2. No more than nine (9) vehicles for sale shall be allowed onsite at one time, and these vehicles shall only be located on display within the "Showroom" area of the building and no display areas will be allowed exterior to the building. 3. All site lighting shall be full cutoff and down -directed, and shall be equipped with a sensor so that lights are automatically deactivated during daylight hours and during hours the business is not open. 4. Dying or dead street trees shall be replaced/planted as required as specified by Watertown's Tree Warden. 5. Provide a detailed Landscaping Plan that shows plant species, mix, size, quantity, and spacing, subject to review and approval by Watertown's Tree Warden and DCDP staff. BP/Perpetual ZEO/DCDP Page 6 of 7 %j ..."-.. . 701 68 0 (A) `r° PV V..,-,301 2 0 �l., 3#15 25 �\� 30140 #18 10021 a #5 160110 10(' 2 [, the data s hown pn teb a do ar:. prow oee fo r in fermatlonei , planning purposes only. 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