HomeMy Public PortalAboutZBA Recorded Decision - 56 Irving, 122 Arsenal1
TOWN 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
Neeraj Chander, Alternate
Jason D. Cohen, Alternate
Zoning Board of Appeals
Decision
Telephone (617) 972-6427
Facsimile (617) 926-7778
n•jw. Watertown-ma.Uov
Louise Civetti, Clerk to the ZBA
.b
On June 24, 2015 with six members (four full members and two alternate members) of the
Zoning Board of Appeals (the Board) present, case # ZBA-2015-07 SP/SR, a Special Permit with
Site Plan Review was considered. The following is the decision of this Board:
Case#:
Subject Property(ies):
Parcel ID(s):
Zoning District(s):
Petitioner(s):
Owner:
Zoning Relief Sought:
Special Permit Granting Authority:
Site Plan Review Meeting(s):
Staff Recommendation/Addendum:
Planning Board Recommendation:
Zoning Board of Appeals Decision:
Recorded with Town Clerk:
ZBA-2015-07 SP/SR
56 Irving St (AKA: 122, 150, 160-162 Arsenal St; 204 R Arsenal St; 56-
60 Irving St; & 57 Irving St.)
103812; 1038 4 0; 103814 0; 103815 0; 103816 0; 103817 0; 1038
19 0; 1006 24A 0; 10071 3; 1007 2 0; 10371 1; 10371 0; 1038 1A B
1-3 (Industrial) Zoning Districts (for the east parcel); and, LB (Limited
Business) and R.75 (Residential) Zoning Districts (for the parcel west
of Irving Street)
Greystar GP 11, LLC, 8405 Greensboro Drive, Suite 950, McLean, VA
22102
YRT Corp., M.J. Pirolli & Sons, Inc., and Irving St. LLC., 56 Irving St,
Watertown, MA 02472
Special Permit w/ Site Plan Review -§5.01.1(k)2 - Mixed -use
development greater than 3 units pursuant to §5.05(1) FAR of > 1.0
and residential use in the 1-3 District; Subject to:
• §9.03-9.13 Site Plan Review and Special Permit Criteria in
keeping with Design Guidelines to allow buildings with up to
250' facade length and total length greater than 300'
• §5.07 Affordable housing requirements including §5.07(f)
Zoning Board of Appeals
April 29, 2014; June 24, 2014; & February 24, 2015
Conditional Approval, April3, 2015/May 15, 2015
Conditional Approval, May 21, 2015 (also heard April 8, 2015)
Conditional Approval, June 24, 2015 (also heard April 22, 2015, April
23, 2015, May 27, 2015 and May 28, 2015)
July 8, 20I5 A TFil `. COPY ATTEST
JEFFREY L. Oi+IT(:LI_, ESD. � E�
MARSH, MORIAF Y, ONTELL & GOi I3Ef; -.v.
10 TREMUNT STREET, SUITE t�UD , :TC7'v'VN C�Gi�K
BOSTON, MA 021118 JUL 2 91U1,5
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56 Irving Street July 8, 2015
ZBA-2015-07 SP/SR Zoning Board of Appeals Decision
I. PUBLIC NOTICE (M.G.L. c. 40A, §11).
A. Procedural Summary
Petition ZBA-2015-07 SP/SR was scheduled to be heard by the Zoning Board of Appeals on
March 25, 2015, was postponed to and opened April 22, 2015, continued to and heard on
April 23, 2015, continued to May 27, 2015; continued and heard on May 28, 2015 and
continued to June 24, 2015. 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 April 3 and 10, 2015
• Posted at the Town Administration Building and Website on February 25, 2015 and
reposted March 25, 2015
• Mailed to Parties in Interest on March 25, 2015
B. Leal Notice
"56-60 & 57 Irving Street and 122, 150, 160, 162 & 204 rear Arsenal Street -B. Henry, Greystar GP
11, LLC, 8405 Greensboro Drive, Suite 950, McLean, VA 22102 herein requests the Zoning Board
of Appeals grant a Special Permit with Site plan Review in accordance with Watertown Zoning
Ordinance §9.03, §9.05, §9.07, & §9.08 subject to §5.01.1(k)(2), Mixed Use; §5.04, Table of
Dimensional Regulations; §5.05(i) FAR; and 5.07 Affordable Housing so as to construct
approximately 282 residential units (36 affordable) and 11,000 s.f. retail/commercial space with
465 parking at the former M. J. Pirolli & Sons site. The project will also involve the removal of 8
existing structures. 1-3 (Industrial), LB (Limited Business) and R.75 (Residential) Zoning Districts.
ZBA-2015-07"
11. DESCRIPTION
A. Site Characteristics
The site is a combination of Assessor Parcels (13 in total) that together create two lots, a West
Parcel which is located to the west of Irving Street and an East Parcel that includes the entire
area now used by M.J. Pirolli and Sons, Inc., plus a number of other businesses along the
Arsenal Street frontage. The East Parcel had an easement through the center of it for the former
Ionics property. This easement was removed and the lot lines were adjusted to include a
perpetual easement (approximately 28,190 s.f.) for parking and access for the adjacent mixed -
use project located to the east. The property still has various uses and buildings, which are
planned to be demolished as part of this redevelopment.
Along Arsenal Street, there was a car dealership (Peter Fuller) in a small one-story building with
no setback from the street and a parking area (used by Toyota of Watertown) to the west with a
billboard. The billboard is in the approximate location of the new access drive, previously
approved. Another large billboard is located adjacent to a two-story block building. To the
west, at the corner of Arsenal Street and Irving Street, is a one-story building. There are
currently no access points from Arsenal Street into the larger parcel since there is a grade
change with a retaining wall.
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All access to the larger part of the East Parcel is on Irving Street. Irving Street has a wide
undefined entrance into the site. There are buildings located to the north with a small block
building at the entrance and a larger multi -level building behind and to the east along the
northerly property line up to Phillips Street. In total, there are eight structures proposed to be
razed as well as various concrete and block walls used for the existing material storage yard.
The West Parcel has a four -foot change in elevation from the north to south. The flat area to
the north has a vehicle storage yard and a 2 -story wood -framed building.
Currently, the site has non -conforming front, side, and rear yard setbacks, landscaping,
impervious coverage, and open space, as well as non -conforming uses as heavy industrial.
B. Surrounding Land Use
The project site is located one-third of a mile from Watertown Square on the Arsenal Street
corridor. This area has a mix of uses and building types with more vehicle -centric businesses like
tire/repair centers and auto body uses occupying several sites to the west and east of the site.
Larger commercial/industrial office buildings are also located to the east of the site. The former
Ionics site (approved for mixed -use development) is directly to the east of the site. Residential
neighborhoods are located to the north and south of the site with a mix of primarily single and
two-family uses (and occasional 3-4 families). The Perkins School Campus is located one block
south, which is adjacent to a one and two-family neighborhood. The Charles River is also
located less than three blocks to the south and provides many amenities within the greenway
corridor. The site is located within walking distance of several bus lines including the
Watertown Square/Yard bus hub.
C. Nature of the Request
The project proposes to redevelop a former industrial site containing a mix of commercial and
industrial uses into a mixed -use development with approximately 282 residential units (35
affordable) and approximately 10,600 s.f. retail/commercial space anticipated to be broken into
three units although they may be combined or further divided to satisfy tenant demand. The
retail/commercial component of the project would be located at the eastern end facing Arsenal
Street adjacent to the commercial component of a previously approved mixed -use development
to the east. The project initially proposed to include 465 parking spaces (under the approved
Design Standards this is now proposed to be reduced to 418 spaces) with parking under the
western and eastern buildings and within a parking structure partially wrapped by the east
building. The parking structure will be wrapped on two sides with the eastern building. The
northern and eastern sides will have a mesh screen wall with climbing plants (green -screen).
The plans show that the project proposes a total length of approximately 724 feet broken into a
west building (262'), an enclosed 'bridge' for amenities and connectivity (40'), and an east
building (422'). As of this decision, Section 5.05(f) of the Zoning Ordinance provides that
projects with buildings greater than 300' in total length or with facades that are greater than
150' would require relief through a Special Permit in keeping with Design Guidelines, as
adopted. Section 5.05(f) allows certain variations in facades to assist in meeting the
dimensional provisions of such Section and Section 9.08(e) of the Zoning Ordinance provides
that a mixed use development project that has received a Special Permit pursuant to Section
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ZBA-2015-07 SP/SR
July 8, 2015
Zoning Board of Appeals Decision
5.01(1)(k)(2) may be constructed with the dimensions, or variations therefrom, allowed by
Section 5.05(f) without obtaining a separate Special Permit under Section 5.05(f). The Project
incorporates the facade dimensions, or variations thereof, allowed by Section 5.05(f), satisfies
Section 5.50(f) and this decision grants a Special permit pursuant to Section 5.01(1)(k)(2).
D. Timeline
Time Period/Date
What Occurred
April 4, 2014
Petitioner Submits Site Plan application
April 29, 2014
Developer's Conference (Site Plan Review)
April to June 2014
Petitioner makes changes to project
June 24, 2014
Second Developer's Conference
July 22, 2014
Special Town Council Meeting to discuss a petitioned moratorium on development
in the Arsenal Street corridor
August 12, 2014
Special Town Council Meeting to discuss Scope of Work and Budget to hire a
consultant to develop Design Guidelines & Standards
September 15, 2014
Petitioner holds a Community Meeting
September 2014
Town retains Gamble Associates to develop Design Guidelines & Standards
October 13, 2014
First Public Meeting on Design Guidelines & Standards held at the Middle School
Auditorium
November 5, 2014
Petitioner holds a "neighborhood meeting"
November 22, 2014
Second Public Meeting on Design Guidelines & Standards held at the Middle School
Auditorium
January 16, 2015
Petitioner holds a Community Meeting (Public Information Meeting) at the Library
January 22, 2015
Third Public Meeting on Design Guidelines & Standards held at the Middle School
Auditorium
January 22, 2015
Draft Design Guidelines & Standards previewed by Gamble Associates at the third
public meeting
October 2014 to
January 2015
Petitioner's project used as a case study in the development of draft Design
Guidelines & Standards. Modifications made to the site plan, building design, etc.
February 18, 2015
Petitioner files for Special Permit/Site Plan review for the amended project
February 24, 2015
Third Developer's Conference
March 17, 2015
Petitioner's project reviewed by Watertown Housing Partnership for compliance
with Inclusionary Zoning requirements
E. Relevant Permitting History
According to DCDP, Zoning Board of Appeals, Assessor/Collector's records, and research done by
the Petitioner's legal Counsel, the subject property has the following permitting history:
• November 17 1966: Notice of Variance to Yolanda Pirolli/ Yolanda Realty Trust
• February 14, 2003: Variance: Auto Annex/Executive Wholesale of Watertown (160
Arsenal Street): Expand Class II used car business relative to parking, landscaping
• February 14, 2003: Special Permit Finding: Auto Annex/Executive Wholesale of
Watertown: Expand a Class II used car business to include an adjacent building
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■ April 11, 2007: Variance - Special Permit Finding: Pirolli, on behalf of Auto
Annex/Executive Wholesale of Watertown: Construct a 10 foot by 23 foot one story
infill addition for a bathroom
Much of the use of the site is classified as pre-existing non -conforming uses and structures. The
prior permitting for the site and the adjacent site to the east which had an easement across the
site (former Ionics) are not relevant to this request for approval. Since the proposal would
remove all uses and structures on the site, all previous decisions and conditions will be null and
void.
III. PUBLIC COMMENT
The Petitioner held several community meetings where public comment was received. Staff was
not always in attendance. Meetings by the petitioners included: September 15, 2014,
Community Meeting; November 5, 2014, Neighborhood Meeting; and a required community
meeting on January 16, 2015. A summary document from the January 16, 2015 meeting was
distributed to the board.
The project was also discussed during the Design Standards and Guidelines Town meetings.
At the Planning Board meetings (April 8 and May 21) public comments received:
• Nice landscaping; incorporate awnings (response was that there are awnings and a
covered arcade along the eastern side of the commercial area)
• High bar for development and proud of outcome
• Irving and Arsenal is important and needs something more; consider gallery space at
corner entrance (Irving and Arsenal) and/or consider a community room there
• Public art and opportunities, maybe in courtyards?
• Look at food cart or truck options
• Bus shelter, Technology for bus prioritization and be advocate for better public transit
• Concern about the West Community Park
o Suggest a full time draw and concessions
o Long-term Community path extension through park to Watertown Square
o Community space (maybe preserve building)
o Maintenance and park design (the petitioner stated they will maintain and
design with input from neighborhood)
• Traffic is a concern with shared access road (conflicts in the two reports) as well as
concerns with back-ups on Irving Street and Arsenal Street
• Concern about support columns on bridge (remove?); ensure 'jewel box' design (PB
suggested glass curtain wall
• At the rear, consider a living fence for neighbors and permeable surfaces; pedestrian
scale lighting for rear path; activate this area more
• Ensure reduced parking is implemented
• Flexible garage for conversion, adaptable space and maybe raised bed gardens on roof
• Need enough visitor parking (Coolidge Hill never has enough)
• Prefer underground utilities
Zoning Board of Appeals public comments received:
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• Create dedicated space for community meeting room
• Display work of local artists
• Hold public meetings on design of proposed park (3 meetings)
• Investigate design feature to break up long facade
• If number of parking spaces can be reduced in the future, investigate other uses for
parking garage (using flat floors, heights, loading capacity)
• Repurpose turning shed on Irving Street for community use
• Public use (retail) of building at corner of Irving and Arsenal (private residence)
• A green roof on garage
IV. ANALYSIS AND FINDINGS
A. Plan Consistency
Met: The proposed development is consistent with the Town's adopted planning documents.
1. Watertown Growth Management Plan, 12/01/1988
• Maintain and strengthen traditional neighborhoods by redirecting growth
toward older industrial areas
1-3 Zoning District is the planned "new neighborhoods"... moderate to higher
density with a retail/service component...
The project is consistent with these goals, in that it incorporates first floor commercial space
and proposes a mix of higher density residential development. The retail component is also
located adjacent to the commercial development to the east, which should support the
development of a small commercial node at this location.
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.
• Explore mixed —use developments that will increase housing while
strengthening commercial areas
The project supports these goals, although this area was not specifically identified in the plan, it
is a short distance from Watertown Square and multiple retail choices within walking distance
will strengthen the business environment in the Square, as well. Also, having destinations
within walking distance may encourage a walking and browsing environment to connect the
Square and the regional retail and commercial areas along Arsenal Street.
3. Strategic Framework for Economic Development, 08/02/2011
• The 'Union Market' area was identified as one of five key redevelopment
opportunities with specific target industries including mid -size and larger
information technology and advanced manufacturing firms.
• The Pirolli Site was part of the area identified as a large site subject to pressure
for automotive and 'big -box' development. Also, the study said, "The
fragmented industrial uses, RR right of way and grade changes have created a
major barrier between neighborhoods to the north and south, leaving little
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opportunity to take advantage of proximity to the River and the Perkins
Campus."
Substantial negotiations between landowners has allowed reconfiguration of the two largest
sites in this area. The land swaps and reconfigured easements allow the Pirolli site to remove
substantial easements that bisected the site and allowed the former Ionics site to have a
substantial frontage on Arsenal Street in order to create a retail node shared across the sites not
possible at the time the Economic Development study was completed. Although this area of
'Union Market' is now being proposed for residential and retail, the rest of the area is being
recommended to be preserved as commercial and R & D. The residential development will
provide housing to support economic development efforts along the Arsenal Street corridor,
including the Arsenal on the Charles and adjacent 'Union Market' sites to the east.
4. Watertown Community Path 1 Linking Watertown's Past to its Future, 5/7/2010
• Develop cycle track and extended sidewalk on the northern side of Arsenal
Street from School Street to Irving Street
This project provides a substantial section of the community path along the Arsenal Street
frontage of the property and proposes to connect it to the east so there will be a contiguous
path from School Street to Irving Street. This project will also need to transition the path to the
west of Irving Street on Arsenal Street.
5. Comprehensive Plan, 07/2015
The Comprehensive Plan Land Use element envisions a dynamic mixed -use corridor for Arsenal
Street. The result will improve the streetscape, activate the sidewalk, and provide opportunity
sites for redevelopment. Accordingly, the land use map shows this property to be a residential
mixed -use area.
6. Design Guidelines and Standards, adopted (October 2014 —June 2015)
This project provided an opportunity to test the Design Guidelines and Standards in a
redevelopment scenario. The project had substantial design work completed prior to the start
of the Design process but the project team agreed to be part of the process and stayed involved
throughout. Three meetings where scheduled over several months with some conceptual
changes proposed to this project by the Town's consultant, Gamble Associates, which
consultant, together with DCDP staff, reviewed the project's conformity with the Design
Guidelines and Standards. The Development Team took the conceptual drawings and
developed a redesigned project based on the design process.
The following provides a summary of the nine components of the Design Guidelines that are
required to be considered for projects of this nature.
1. Public Realm Interface: The project proposes numerous and varying public realm
components. The project proposes public realm improvements including the
opportunity to accommodate the Watertown Community Path along the frontage with a
public sidewalk adjacent to it. The project also proposes to provide a half acre public
open space/park space across Irving Street from the project. Upper level decks and a
varied facade allow for diverse activity at different levels on all sides of the project.
There are integral canopies at the retail and bands of change for amenity spaces. To
ground level courtyard front to the sidewalk and there is an elevated green space that
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provides opportunities for activity. The sidewalk and Watertown Community Path
allows an active street front. Initial design had one main entrance. Now, there are
entrances spaced along the entire street frontage and there are also ground level units
with direct access. Some street trees and trees adjacent but within the front yards are
provided along all street facades, along with landscaped courtyards. A formal plaza with
a sitting wall has been proposed at the corner of Irving Street and Arsenal Street. To the
east end of the project, the retail area provides a secondary sidewalk access level with
the store fronts. The project also incorporates a public walkway along its northern
boundary, and a break in the building which provides public access from Arsenal to
Phillips Street.
2. Parking and Access: All parking is primarily located under the building or within a
garage which is wrapped on two sides by residential units. The exposed sides of the
garage include a green screen. The central drive provides a main access point into a
central courtyard. The number of access points are limited for an improved multi -modal
interaction. Bicycle parking is accommodated primarily internally for residential use
with several racks provided throughout the site for visitors. The two-way cycle track
along the Project's Arsenal Street frontage is identified as an important component of a
project and the project retains on -street parking near the retail as well as connections
for open space and for access to the north of the site where current access is not an
option.
3. Sustainable Design: The project proposes an energy efficient design with some green
roofs proposed to accommodate some of the stormwater. A solar assessment will be
completed and the infrastructure will be in place to accommodate solar. Permeable
pavers will be used within certain walkways and bio-retention was explored but other
infiltration systems are being employed. The proposed Community Park on the West
Parcel has also suggested community garden space along the northern edge, although
the final design of this space will be informed by the community design meetings.
4. Building Massing: The scale of this project is substantial but the project has provided
vertical elements to break up the facade, and has created voids in the space with
window placement. The project is further broken up with a courtyards and a pass -
through that also provides a direct connection to the neighborhood to the north. The
various elements of the project provide a perception of smaller volumes rather than one
large volume within a single mass. The project also provides lower mass with stepped
back elevations at the neighborhood side of the project and has emphasized corners.
The last element that supports this criterion is the scale of the open space which is in
scale with the project's overall size.
5. Building Height: This project is within the parameters of the zoning requirements for
height. The project provides a number of parapets and some cornice details. Parapets
provide variety in height and are also designed to provide screening for rooftop
mechanical equipment. The project has provided some step backs in order to decrease
the apparent height in key locations.
6. Building Setbacks: The project proposes four stories with appropriate stepbacks and
setbacks to accommodate a successful public realm interface. The project also provides
a larger setback with landscaping along the secondary roadway (Irving Street).
7. Facade Treatment: Facades have numerous window types with more variety on upper
levels. There are appropriate permanent canopies along the retail section of the
project. Multiple entrances have been provided and the commercial area has
appropriate access along the public sidewalk.
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8. Material Selection: The construction has been indicated to be a standard podium
construction with concrete base and stick framed second -fourth floors. The project is
clad with a mix of natural brick, fiber cement, and cast stone. The garage is indicated to
be concrete with an additional mesh screening intended for use as a green screen wall.
The site has a mix of asphalt and pavers with pavers selected for key locations such as
the rear pedestrian walkway and the central courtyard. Glazing has a mix of style with
primary four pane grid for residential and glazing wall style for commercial and amenity
areas including the 'jewel box' bridge connector between the east and west building.
9. Signage: The signage package has not yet been developed but there are locations
designed into the architecture to allow appropriate signage for the commercial and
residential component of this project once it is proposed.
Design Standards (Zoning Compliance): The Design Standards are legal amendments to the
Zoning Ordinance. The Planning Board opened the public hearing for the adoption of the
suggested amendments on March 31, 2015. Within the initial staff report, there were eight
items that needed to be considered in order to find that the project was compliant with the
proposed Design Standard zoning amendments. Since then, the Design Standards were
modified to reflect public comment and Planning Board review, with a final recommendation
and vote made by the Planning Board to recommend the updated language to the Town Council
for a Hearing. The Town Council approved the Design Standard zoning amendments at a
hearing on June 30, 2015.
The project plans and layout were updated to comply with the approved zoning amendment
language and therefore, the project complies with the approved Design Standard zoning
amendment language. Since certain of the plans may need to be further updated to reflect
comments received at the Board's hearing and/or the approved zoning amendments, a
condition is included to allow site plan and design changes through a process as determined by
the Director of DCDP, to comply with the WZO as updated by the Design Standard zoning
amendments.
The following provides a list of Design Standards zoning amendment requirements met by the
project:
1. Article VI — Automotive parking and bicycle parking are now compliant with the Design
Standards by providing approximately 418 parking spaces, reduced from 465 (57 less
spaces).
2. Building Length —Section 5.05(f) — Contiguous building facades shall be no more than
250' by Special Permit without a 25'x50' break and the maximum building length shall
be no more than 300' except by Special Permit in -keeping with Design Guidelines. This
project has submitted plans that indicate the project has a total length of approximately
724' with a west building of approximately 262' and an east building of approximately
422', both components incorporating the required minimum 25'x50' offset so as not to
be considered "contiguous" and a bridge connector (40' wide with a compliant area of
at least 1,000 square feet), all in keeping with the Design Guidelines. As noted, a special
permit issued pursuant to Section 5.01(1)(k)(2) can authorize the dimensions or
variations specified in Section 5.05(f).
3. A solar assessment is required and shall be completed with written documentation
identifying what steps will be taken, which are in the recommended conditions.
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4. LEED certifiability is required and required documentation is conditioned with final
determination to be prior to occupancy.
B. Special Permit with Site Plan Review §5.01.1(k)2 - Mixed -use development greater than 3
units
Projects must meet the four conditions of approval for a Special Permit set forth in §9.05(b),
§9.07, §9.08 of the WZO. In addition, the project 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
and is subject to §5.07 Affordable housing criteria.
Special Permit Criteria §9.05(b)
1. The specific site is an appropriate location for such a use, structure, or condition.
Conditionally Met: The development proposal is an appropriate use and will fit within the
specifications for a mixed -use development within the 1-3 Industrial Zoning District. The 1-3
Zone was developed to allow an increase in economic vitality and to allow a significant
portion of new residential development to be within this district. The project proposes a
total floor area of approximately 322,000 s.f. (excluding parking/mechanicals) with
approximately 10,600 s.f. (3.3%) total retail (no more than 20% of the floor area can be
retail), meeting with the objectives of the district. The project also provides more than the
minimum required 10 -foot landscaped setback (now a build -to -line with a request for a
varied line in keeping with Design Guidelines) from the front property line where publically
available open space (Community Path and sidewalk) is proposed.
The project has worked with other adjacent property owners to create a better layout with
substantial frontage along Arsenal Street for each site. There are currently active industrial
users at the site, which are nonconforming grandfathered uses, and this project proposes
replacing the mix of existing dilapidated structures on the site with a proposed
vertical/horizontal mixed -use retail space and residential development. The site will be
cleaned up to allow residential development and newly created open space within the site
and within an adjacent property located to the west of Irving Street.
The project design includes a mix of brick, cast stone, fiber cement panels and planks, and
mesh screen. The retail area along Arsenal Street is proposed to be cast stone with a brick
base (with floor to ceiling windows)and the residential areas would have a mix of brick areas
or fiber cement areas with a variety of balconies, doors, and floor to ceiling and other
window types. Areas that are brick carry the brick to the base. Areas with fiber cement
paneling have a cast stone base. All sides of the project are treated similarly. The garage is
pre -cast concrete and includes the mesh screen for plantings.
The proposed mixed -use project will create a more pedestrian friendly corridor with multi -
modal access. The project adds retail/commercial across a private way from the approved
retail to the east. The combination of the projects will create a new retail node that can
provide a destination, making a better connection between the retail found within
Watertown Square and the regional retail located further east on Arsenal Street. The
mixed -use development can create retail options for the existing neighborhoods and new
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residents within the project. The increased number of residents will also support the
existing commercial uses along the corridor.
The proposal also provides off -site improvements to minimize the impact to the
transportation network and to allow continuation of the Watertown Community Path to
Irving Street and toward Watertown Square. Parking is located within a structure and
underneath the building to minimize the presence and visual clutter of vehicles at the street
front.
2. The use as developed will not adversely affect the neighborhood.
Conditionally Met: The proposed development will not adversely affect the neighborhood
by eliminating the industrial style buildings and uses with surface parking and replacing it
with a mix of uses that are less impactful in some ways. The existing heavy industrial use
has a mix of heavy equipment and trucks accessing the site and loading and unloading and
the truck traffic has an access into the residential neighborhood via Irving Street east and
north of the site.
The project will replace the non -conforming use and deteriorated and partially empty
commercial buildings along Arsenal Street, improving the views into the site. The
replacement buildings are more substantial than some of the surrounding structures but
provide a mix of uses with added amenities and a more architecturally pleasing appearance.
The development also proposes a community park that can serve as a gathering place and
suggests some uses such as a community garden and painted movie screen on the adjacent
block wall of the NSTAR electric substation. The entire site has courtyards and walkways
that are open to public use as well. The site will have substantial landscaping to help soften
the architecture/massing and will provide screening from the surrounding neighborhoods.
The project proposes north -south pedestrian connectivity to minimize the need for vehicle
trips between the neighborhoods to the north and the Arsenal Corridor. A new
pedestrian/bicycle access at Phillips Street would be created with a new sidewalk
connection through the former Rail Road property to the site and through a central drive
with walkways on each side to Arsenal Street. The project also proposes to create a section
of the Watertown Community Path and will provide widened sidewalk areas in front of the
retail storefronts. Off -site there continues to be discussions about connecting the
Community Path toward Watertown Square.
The buildings are shorter in height than allowed by the WZO, which will decrease the mass
from the neighborhood, and the grade also works to minimize some of the height of the
project. The abutting neighborhood to the north has a landscape buffer and a driveway to
minimize the impact of the building. The building also steps down in this area to further
reduce the height. The building is of a similar height as the three houses that directly abut
the site. Although the building is approximately 700' in length, the facade has substantial
variety with external outward facing courtyards. There is also a pass -through that divides
the west and east buildings. The bridge connection is located toward the rear and also
creates views through the site to other buildings to the north. The design has also
minimized the amount of residential on the ground floor adjacent to Arsenal Street by
creating distributed amenity spaces along the Arsenal facade.
Page 11 of 27
p, Tj A:1 COPY ATTEST
TOWN CLERK
JUL 2 92015
56 Irving Street July 8, 2015
ZBA-2015-07 SP/SR Zoning Board of Appeals Decision
The proposed development would also 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: Analysis and findings in regard to issues of traffic and offsite
improvements and mitigation were withheld from the initial Staff Report in order for review
to be completed by the Town's Traffic Peer Review Consultant and DPW. The site now
provides good circulation and on -site and off -site concerns have been addressed.
Circulation within the Site - The project proposes to use a previously approved private
way/shared access drive on the eastern side of the site for a main access to the larger
garage shared by the residential and retail uses. The eastern drive also provides emergency
access around the perimeter of the site to the north. Along the Arsenal frontage, an
easement will allow the Watertown Community Path and a public sidewalk to straddle the
ROW and a portion of the front yard of the development. The site has a one-way central
driveway with ingress only from Arsenal Street. This access has pedestrian walkways along
each side, which will be open to public use. The central driveway cuts through the site from
south to north and comes to a T near where Phillips Street ends. Vehicles have an option to
head toward the west or east at this point. The west option requires access into the garage
located under the West Building with exits only toward Irving Street. The east option brings
vehicles back to the shared private way. The northern drive area is intended to be a shared
use area with pedestrians and vehicles. Pedestrians and bicycles can also head north into
the adjacent neighborhood or head west toward Irving or east toward Birch Road through
the previous approved project.
The northern perimeter access was discussed as an initial access for this project with the
town's idea that it could provide an expanded role if the property to the north redevelops,
with a share -used drive replacing the one-way pattern currently proposed. The expanded
role would require additional permitting and private agreements among landowners.
The northern connections are an important component of this project and the adjacent
projects to create pedestrian/secondary passageways for access to transit, emergency
egress, and will also allow better pedestrian connection from the site to the neighborhoods
and community amenities to the north. This will be identified within a condition.
In the initial review of the project, some barriers to pedestrian circulation were identified.
Those barriers have been substantially addressed. For instance, the sidewalk under the
'bridge' between the two buildings now provides a clear path for pedestrians. Further, the
east -west pedestrian route now has a continuous connection from Irving Street to the
eastern private way and there is a pedestrian connection to Phillips Street. A condition of
the approval is suggested that the connection to Phillips Street have final review and
approval by DCDP and that any access across Town owned property will have Town review
and approval of design and installation.
A RI COPY ATTEST
TOWN CLERK
Page 12 of 27
JUL 2 9 2015
56 Irving Street July 8, 2015
ZBA-2015-07 SP/SR Zoning Board of Appeals Decision
Traffic Review and Findings:
The project was reviewed by DCDP staff, DPW and Town Engineer, and the Town Peer
Review Consultant. The initial Traffic Impact Assessment (TIA) was submitted February 05,
2015 and was subsequently amended March 18, 2015. The initial review by the Town
(February 23, 2015) requested the update include the modified development program and
updated roadway improvements associated from the previously approved mixed -use
develop to the east (202-204 Arsenal Street). After updating the TIA the Town received an
initial Peer Review dated April 9, 2015 with several items that needed to be addressed. The
petitioner responded to the areas of concern and a final Peer Review letter was received
May 6, 2015.
The petitioner has addressed all Town identified concerns and has provided a revised
Transportation Improvement Program for Elan Union Market, originally dated April 28 and
revised May 6, 2015. The Town finds that the suggested improvements are acceptable and
will provide necessary offsite improvements. The Petitioner and the Town has agreed to a
total contribution of $1,250,000 in offsite improvements as identified in the referenced
document. The petitioner has agreed to allow the funds to be reallocated to other public
improvement projects, with allocation of funds to be determined by the DCDP Director and
DPW.
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 project will need to have a final review and approval of the proposed stormwater,
traffic, and utilities plans, as well as any required easements for access, utilities, and street
improvements by DPW/Town Engineer and DCDP.
The project now shows the utility poles to be relocated to the 3' foot buffer/landscape strip
between the Watertown Community Path and Arsenal Street.
Gas meters shall be located interior to the garage or shall be substantially screened if that is
deemed to not be feasible. The project will have all utilities from utility poles to and on the
site underground and is supportive of undergrounding and removal of the utility poles and
lines along the Arsenal Street corridor.
Street lights and any public street furniture shall be identified and updated with review and
approval by DPW.
Trash rooms are shown within each building for residential as well as an additional room
that appears to be for the commercial retail units. A temporary area is provided to the rear
of the site for pick-up so screening is not required.
Transformers will need to be identified on the control plans and will require landscaping and
other screening with review/approval by DCDP.
Page 13 of 27
ATRL . COPY A , T_ T
TORN CLERK
JUL .r.;`,L01,5
56 Irving Street July 8, 2015
ZBA-2015-07 SP/SR Zoning Board of Appeals Decision
The Petitioner has provided a detailed Landscape Plan and it will be required that DCDP
review and approve the landscape plantings for species appropriateness and mix, size,
quantity and spacing prior to final approval. Landscaping shall be maintained in perpetuity.
Site lighting has been included and is reviewed under the following SPR criteria.
Site Plan Review Criteria §9.03 (c)
Prior to the official filing of the Application, several meetings of the Site Plan Review Committee
were held on April 29 and June 24, 2014, and February 24, 2015. 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 committee review:
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."
Met: The previous use of the site as a heavy industry material yard has allowed numerous weed
trees to grow up in nooks and crannies over the years. Some of these trees have grown quite
large but are also intertwined into chain link fencing or growing out of cracks in retaining walls.
The buildings on the site will demolished and any existing trees and plants will not survive.
There are also no street trees located on the site since all trees are behind the sidewalk and are
growing out of a partially collapsing retaining wall.
The proposed landscaping provides a diverse mix of deciduous and evergreen understory,
screening, and over story plants and trees. There are multiple courtyards proposed and some
landscaped spaces that will provide a substantial improvement over the existing planting
conditions. Back of sidewalk street trees are provided along Arsenal Street with a mix of species
including columnar oak and honey locust. Structural soil will be provided for tree plantings
where appropriate. Additionally, the project proposes to create a new Community Park across
Irving Street where a community garden, lawn and screen plantings are proposed in addition to
a potential movie screen wall against the NSTAR block wall. The petitioner has agreed that this
park's design will have community input through up to two meetings with final design to be
submitted to DCDP for review and approval.
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."
Page 14 of 27
A %.:i.':COPY ATTE d
TOWN CLERK
ll'ilL 1. yl.O15
56 Irving Street July 8, 2015
ZBA-2015-07 SP/SR Zoning Board of Appeals Decision
Met: The project is consistent with this criterion, in that it incorporates first floor commercial
space and proposes a mix of higher density residential development. The retail component is
also located in an area that supports demand from the neighborhood and the new
development. The project has been used as an example case study for the Town Design
Guidelines project and has gone through analysis to best fit it to the site and the surrounding
contexts, while also complying with the adopted Design Guidelines. The project is over 700 feet
in length but has been designed with a number of courtyards and a pass through that provide a
break to the mass in compliance with the adopted Design Guidelines. It is complimentary to the
recently approved project to the east and will help define the Street edge at the corner of
Arsenal Street and Irving Street.
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: As previously stated, the site proposes to create permanently accessible
open space along the entire frontage of the site. Most of this space will be dedicated to the
Watertown Community Path and sidewalk. The project has also committed to developing a half
acre community park across Irving Street. All courtyards face outward toward the public way or
the neighborhood and pedestrian routes have been provided east to west and north to south on
the site to access the various open spaces.
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 access to the site will be via three access driveways with new
signalization on the eastern private way/access drive. The project minimizes access points
which provides a safer pedestrian sidewalk experience. The project initially had one main
entrance and very few pedestrian connections to the street. The redesigned project now
provides substantial number of access points for residents with several units on the ground floor
with direct access to the courtyards. There are also amenity spaces scattered along the Arsenal
Street frontage with direct access to the street. Detailed discussion of the site circulation is
located under the findings for the Special Permit.
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 development would improve the existing conditions, as there currently is
minimal stormwater management at the site. 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
COPY ATTEST
Page 15 of 27
JULY
56 Irving Street July 8, 2015
ZBA-2015-07 SP/SR Zoning Board of Appeals Decision
impervious surface runoff. Peak rates of run-off are better than pre -development conditions
and minimize impacts to the Town's stormwater system.
Review is being completed by DPW to ensure that, to the greatest extent possible, a 100 -year
storm event can be contained on site. The Stormwater system and plan will require a final
review and approval 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: Conditional approval should be subject to provision by the Petitioner of a
narrative that describes the method of solid waste disposal from all proposed buildings,
including all residential components with review and approval by DCPD.
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: The Petitioners have reduced the amount of impervious area on the existing
sites and are compliant with approximately 20% pervious. The proposed project will also
incorporate Low Impact Design (LID) for roof runoff and provide pervious pavers in certain areas
of the site. The project has not shown how it will be LEED certifiable and shall provide a
narrative description showing how the project can be LEED certifiable.
The project petitioner has stated that they will build the building to allow solar to be installed on
the roof. The project shall have an energy assessment completed as well as make the building
solar ready. To minimize the impact of the project and to better differentiate the areas open to
driving from the pedestrian environment also used for deliveries, etc, the drive to the north
should use a different color of materials for its construction in relation to the pedestrian zone.
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."
Conditionally Met: The service transformers do not appear to be shown on the site plans. The
placement of the transformers and other utilities shall be shown on plans to indicate the
location of HVAC systems with appropriate screening, and adding additional screening around
any utility transformers or other equipment. It is shown that rooftop HVAC and equipment will
be screened and that will be a condition as well.
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."
A COPY ATTL "a
Page 16 of 27
TOWN CLERK.
JUL J
56 Irving Street July 8, 2015
ZBA-2015-07 SP/SR Zoning Board of Appeals Decision
Met: The proposed project 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 site is designed with emergency access for vehicles on all sides of the building,
and appropriate water connections for firefighting will be provided. The buildings will also have
sprinklers to allow for safe evacuation in the case of fire.
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: Sheet L-3.1, Illustrative Site Lighting Cut Sheets, provides a drawing of each
proposed exterior fixture's lamping, lamp orientation, shielding and estimated height. DCDP
staff reviewed the proposed site lighting for consistency with the new Exterior Lighting
Standards, (but not including the west garage). The design includes seven (7) different styles of
light fixture. Of these, two are pole -mounts, and the remainder are recessed fixtures, wall
mounted, or imbedded in landscaping planters.
The fixtures selected are generally consistent with the Exterior Lighting Standards. This
includes:
• Light Source: LED or compact fluorescent for the recessed lights
• Style: Pole mounts are decorative; wall mounts are shoe -box; shielded half circles for
the planter lights
• Cutoff: All lights use a 90 degree cutoff from vertical, and are only visible from below
• Pole Fixture Heights: Those along the rear of the site are listed as 16 feet in height;
those along Arsenal Street are listed as 20 feet in height
• Wall Mount Fixture Heights: The wall -pack fixtures are listed at 8 feet mounting height
The following items need to be clarified prior to Building Permit:
A. If the fixture heights are measured as (base + pole + head)
B. Whether the lights are equipped with a timer and/or light sensor such that they will
turn off during daylight hours
C. Whether reflectors and shielding provide total cutoff of all light at the property lines
D. Final details for exterior lighting of the proposed above -ground parking structure on the
west end of the site, including estimated foot-candle levels and containment of light
within the property boundary.
Based on this, the project is conditioned to require the Petitioner to submit the required lighting
plans to DCDP staff prior to issuance of the Building Permit, with an inspection of the installed
design before issuance of the Certificate of Use/Occupancy.
AFFORDABLE HOUSING COMMENTS
§5.07 Affordable Housing Requirements
In the Industrial — 3 (1-3) District, a mixed -use project that creates more than 15 dwelling units is
subject to §5.07 of the WZO, Affordable Housing Requirements, the purpose of which is to
Page 17 of 27
A ; COPY .'�T EC'd
CLERK
11.E e�
i'{71Aif+! RK
JUL 292015
56 Irving Street July 8, 2015
ZBA-2015-07 SP/SR Zoning Board of Appeals Decision
"provide opportunities for conventional residential and mixed -use development to contribute to
increasing the supply of affordable housing." The proposed project will provide rental housing
units.
Twelve and one half percent (12.5%) of the 282 dwelling units must be affordable. Thirty-five
(35)1 affordable units will be provided onsite, which satisfies this requirement. Consistent with
the market rate units, the affordable units would be offered for rent. The rents of the
affordable units would be no higher than the maximum rent affordable to a household with an
income at or below 80% of the area median income (AMI) adjusted for household size.
Because the Petitioners will have onsite affordable rentals [ 5.07(j)(4)] 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 their March 17, 2015 meeting. In accordance with §5.07(j), the WHP
made recommendations to the Petitioner in reference to the proposed project's fulfillment of
the affordable housing requirements.
1. Affordable units shall be proportionately distributed throughout the building in a covered
development.
Conditionally Met. The plan set initially submitted by the Petitioner (dated 3/21/14, as
amended 3/31/15) indicated the Petitioner seeks to provide 36 total units. The Project
Narrative dated 2/11/15, notes the Petitioner "requests a bedroom mix that is not proportionate
to the market rate units."
Based on discussions with the WHP, the Petitioner agreed to provide one (1) affordable three -
bedroom unit, but an uneven distribution of the remaining affordable units. This came about
because of the WHP's allowance that in return for the affordable three -bedroom unit, the
Petitioner could make an additional studio and one -bedroom apartment as market rate.
Other than this recommendation from the WHP, the remaining affordable units for the initial
lease ups are generally evenly distributed throughout the buildings, with some units having
been shifted at the direction of the WHP to prevent clustering. Per the Department of Housing
and Community Development's (DHCD) Local Initiative Program requirements that affordable
units be "floating", all comparable units would be made available in the event that the originally
designated affordable units are not available for subsequent lease ups.
2. Affordable units shall be indistinguishable from market -rate units in exterior building
materials and finishes; overall construction quality; and energy efficiency, including
1
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. In this case, the calculation results in 35.25 units 35.
Page 18 of 27
A : CONY 1\17'a-1'
ec-
TOM CLERK
JUL 2 ,L;,11)
56 Irving Street July 8, 2015
ZBA-2015-07 SP/SR Zoning Board of Appeals Decision
mechanical equipment and plumbing, insulation, windows, and heating and cooling systems,
as determined by the Building Inspector.
Met. The Petitioner's Project Narrative dated 2/11/15 states that the affordable units will be
indistinguishable from market rate units in the building materials and finishes.
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 units will not differ from the market rate units in terms of the interior finishes.
4. Affordable units shall have the same floor area as the median market -rate units of the same
number of bedrooms within a margin of 20%; provided that units are not less than the
minimum square footage required by DHCD. The bedroom mix in the affordable units shall be
proportionate to the market -rate units, unless the SPGA authorizes a different mix by special
permit upon the recommendation of the WHP.
Conditionally Met. Sheet TO.02 indicates that two styles of one -bedroom units (1BR-K and 1BR-
L) would be 661 and 665 square feet, respectively. These five units are undersized according the
most current minimum floor sizes stipulated by DHCD which are [Emphasis added]:
• studio units - 250 square feet
• one bedroom units - 700 square feet
• two bedroom units - 900 square feet
• three bedroom units —1,200 square feet
The Petitioner shall only use units per DHCD's minimum floor sizes for affordable units.
V. Staff and Planning Board Recommendation and Conditions:
The Planning Board discussed the project and listened to testimony. Two areas of concern
where identified. One area focused on the West Community Park. The Board, based on public
testimony, suggested language,that would require up to two community meetings to provide
input into the design of the Community Park. The other area, which was suggested as a
condition focused on the bridge connector and ensuring that it was different from and
'lightened' up with discussion focused on providing a design that was more a glass curtain wall.
The Planning Board and the Staff recommend approval with conditions.
VI. Zoning Board of Appeals Decision:
On May 28, 2015, the Zoning Board discussed all of the revisions the proposed plans had gone
through up to this point with the assistance of the Planning Staff; discussed a couple of
requested changes and continued the case to June 24, 2015. The Petitioners submitted a letter,
addressed to Gideon Schreiber, June 23, 2015, outlining the proposed updates requested by the
Board along with a document for the Traffic Monitoring Program, June 23, 2015. The Board was
grateful for the high -caliper of the petitioner's proposal and their cooperation with Staff, the
public and the design review guidelines process. The Board requested the material percentages
A 7, COrYATE2T
Page 19 of 27
TOWN CLERK
�� ', 6) 205
56 Irving Street July 8, 2015
ZBA-2015-07 SP/SR Zoning Board of Appeals Decision
on the facade be less than 50% flush materials (at least 1/3) and on the Arsenal Street side
facade the bridge's connecting towers have a change in material. There was discussion on the
color changes to be more subdued using the burnt orange and sage green options provided and
that more shadow lines be incorporated through material changes. There was a concern
regarding the details of the park not having been worked out; however, the Board is satisfied
that there is a condition to work with staff on the project. The traffic monitoring is requested at
three different timeframes: @ 80% to collect data; then 6 months later; then at 100% retail
occupancy.
Member Ferris motioned to grant the petition based on the finding that the proposed project
meets the criteria set forth under §9.03(c), §9.05 (b), and with the general purpose of the
Ordinance outlined in §1.00 of the WZO, the Special Permit with Site Plan Review under
§5.01.1(k) - Mixed -use development greater than 3 units; §5.05(i) and §5.07(f) be granted with
the conditions as proposed by the Planning Board and discussed tonight. Member Heep
seconded. Members Santucci Rozzi, Ferris, Heep, Gannon voted 4-0, granted. Member Donato
absent; Alternate Members Chander and Cohen not present at prior meeting.
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 Documents titled "Special Permit/Site Plan Review, February 9, 2015
ELAN/UNION MARKET, Irving and Arsenal, Watertown, MA" by the architectural team
(tat) for Greystar GP II, LLC, dated March 21, 2014, Revision date of 2/9/15 and
3/31/15, 5/01/15; 5/04/15 submitted by the Petitioner, as modified by these
conditions:
1. TO.01 Cover
2. TO.02 Project Information; revision 5/04/15
3. ABB-1 Abbreviations & Notes; Allen & Major Associates, Inc. (Steve Chouinard)
4. EC -1 Existing Conditions Plan; Allen & Major Associates, Inc. (Kevin J. Kiernan)
5. EC -2 Existing Conditions Plan; Allen & Major Associates, Inc. (Kevin J. Kiernan)
6. C-1 Demolition Plan; Allen & Major Associates, Inc. (Steve Chouinard)
7. C-2 Layout, Materials & Circulation Plan; Allen & Major Associates, Inc. (Steve
Chouinard); revision 5/01/15
8. C-3 Grading & Drainage Plan; Allen & Major Associates, Inc. (Steve Chouinard);
revision 5/01/15
9. C-4 Utility Plan; Allen & Major Associates, Inc. (Steve Chouinard); revision
5/01/15
10. C-5 Erosion Control Plan; Allen & Major Associates, Inc. (Steve Chouinard)
11. C-6 Details; Allen & Major Associates, Inc. (Steve Chouinard) revision 5/01/15
12. C-7 Traffic Control Plan; Allen & Major Associates, Inc. (Steve Chouinard) revision
5/01/15
13. D-1 Details (second sheet); Allen & Major Associates, Inc. (Steve Chouinard)
revision 5/01/15
Perpetual
ZEO/
ISD
A -;".76....7,1 COPY A'1 s
Page 20 of 27
TOWN CLERK
56 Irving Street
ZBA-2015-07 SP/SR
July 8, 2015
Zoning Board of Appeals Decision
#
Condition
Timeframe
for
Compliance
To be
Verified
by
14. D-2 Details (third sheet); Allen & Major Associates, Inc. (Steve Chouinard) revision
5/01/15
15. D-3 Details (fourth sheet); Allen & Major Associates; Inc. (Steve Chouinard)
revision 5/01/15
16. L-01 Illustrative Landscape Plan; tat 2/10/15 (Blaire Hines, Landscape Architect);
revision 2- 5/4/15
17. L-02.0 Overall Planting Plan; tat 2/10/15 (Blaire Hines, Landscape Architect);
revision 2 - 5/4/15
18. L-2.1 Overall Planting Plan tat 2/10/15 (Blaire Hines, Landscape Architect);
revision 3/31/15
19. L-3.0 Illustrative Site Lighting Plan; tat 2/10/15 (Blaire Hines, Landscape Architect);
revision 2 - 5/04/15
20. L-3.1 Illustrative Site Lighting Cut Sheets; tat 2/10/15 (Blaire Hines, Landscape
Architect); revision 3/31/15
21. LD-01 Sections; tat 2/10/15 (Blaire Hines, Landscape Architect); revision 5/4/15
22. LD-02 Sections; tat 2/10/15 (Blaire Hines, Landscape Architect); revision 5/4/15
23. A1.01 Floor Plans -Overall; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu
revision 4 - 05/01/15
24. A1.02 Floor Plans - Overall; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu
revision 2 - 02/09/15
25. A1.03 Floor Plans - Overall; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu
revision 4 - 05/01/2015
26. A2.50 Enlarged Unit Plans; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu
revision 2 - 02/09/2015
27. A2.90 Affordable & Accessible Dwelling Unit Locations; tat 2/9/15 (Greystar &
Oaktree FX), Michael Liu; revision 4 - 05/01/2015
28. A2.91 Affordable & Accessible Dwelling Unit Locations; tat 3/31/15 (Greystar &
Oaktree FX revision 4 - 05/01/2015
29. A4.01 Exterior Elevations; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu
revision 4 - 05/01/2015
30. A4.02 Exterior Elevations; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu
revision 4 - 05/01/2015
31. A4.03 Exterior Elevations; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu
revision 4 - 05/01/2015
32. A4.04 Exterior Elevations; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu
revision 4 - 05/01/2015
33. A4.05 Exterior Elevations; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu
revision 4 - 05/01/2015
34. A4.06 Exterior Elevations; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu
revision 4 - 05/01/2015
35. A5.01 Building Sections; tat 2/9/15 (breystar & Oaktree FX), Michael Liu revision
4 - 05/01/2015
36. A5.02 Building Sections; tat 3/21/14 (Greystar & Oaktree FX), Michael Liu
revision 4 - 05/01/2015
37. A5.03 Building Sections; tat 3/21/14 (Greystar & Oaktree FX), Michael Liu
revision 4 - 05/01/2015
38. SP -1.00 Preliminary Photometric Siteplan; tat 5/01/2015 (Greystar & Oaktree FX)
39. Bridge Design Today, TAT June 18, 2015, Greystar, Oaktree FX) with rendering of
bridge; north elevation colors (burnt orange/sage green); materials plan; updated
Page 21 of 27
A COPY Al
TOWN CLERK
JUL z 9 Zu15
56 Irving Street
ZBA-2015-07 SP/SR
July 8, 2015
Zoning Board of Appeals Decision
#
Condition
Timeframe
for
Compliance
To be
Verified
by
landscape plan (letter summary, June 23, 2015)
40. Transportation - Elan Union Market Transportation Improvement Program dated
04/28/2015, revised 05/06/2015 and Traffic Impact Assessment (TIA) dated,
02/05/2015, amendment 03/18/2015 and supplemented 05/06/15 and
6/23/2015 with WorldTech Peer Review documents dated 4/9/2015 and
5/6/2015.
2
Plan Modifications. Neither the Petitioners 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, 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.
The Control Documents depict the Project's compliance with the Zoning Ordinance, as
amended by the zoning amendments related to the 2015 Design Standards and
Guidelines Project, as initially advertised March 13, 2015. Aspects of the Control
Documents, such as the number of parking spaces provided, shall be allowed to be
updated to comply with the Zoning Ordinance, as amended by such zoning
amendments or comments received at the Board's hearing, through a review and
approval process as determined by the DCDP Director, which process shall not require
a public hearing.
Perpetual
ZEO/
DCDP
3.
Recordation. Upon application for a Building Permit, the Petitioners shall provide
evidence to the Zoning Enforcement Officer that this entire decision has been filed
with the Registry of Deeds, and/or Land Court.
BP
ZEO
4
Codes/Regulation Compliance. The Petitioners 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). The Petitioners shall:
1. Submit a certified "as -built" foundation plot plan showing all dimensional setbacks
at the time of foundation inspection for Building and Zoning.
2. As -built plans, showing site utilities, layout, topography and other pertinent
information, for the project shall be submitted to and approved by DPW upon
completion of construction activities and prior to issuing a Certificate of
Occupancy. The petitioner shall specify how the completed project/as-built plans
differ from that shown on the Control Plans . Two copies of the final as -built plans
shall be submitted, one Mylar and one paper copy, and shall be on the same scale
as the plan referenced in the Permit Conditions.
BP/CO
ZEO/ISD/
DPW
+. W COQ u
T. e
Page 22 of 27
I . j
56 Irving Street
ZBA-2015-07 SP/SR
July 8, 2015
Zoning Board of Appeals Decision
#
Condition
Timeframe
for
Compliance
To be
Verified
by
7'
Demolition/Construction. The Petitioners and/or Site Contractor shall:
1. Provide a plan for the control and mitigation of accumulation of standing water
for the prevention of vector borne diseases to the Health Department (Nuisance
Control Regulation Section 3F.)
2. Provide a plan for the control and mitigation of on -site noise, odors, dust,
asbestos, and rodent abatement to the Health Department.
3. Provide a plan that includes protection measures for existing trees on and around
the site.
4. Submit a plan for vehicleparking and traffic management during construction and
minimize use of neighborhood streets for construction purposes.
5. A phasing plan for the project shall be submitted and approved by the DPW prior
to issuance of a Building Permit.
6. Provide a construction inspector to represent the Town during relocation of
municipal utilities and right-of-way work. The inspector shall be engaged by the
Town, with funding from the Applicant. Funds shall be deposited in an escrow
account and withdrawn as needed. The inspection schedule and budget shall be
based on the information provided by the Applicant and approved by the DPW in
the phasing plan.
Prior to
Demo
Permit
Health
and/or
Police
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
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
10.
Affordable Housing. The Petitioners shall prepare and submit a Local Action Unit
application to the State's Local Initiative Program and shall comply with all the
requirements of the Massachusetts Department of Housing & Community
Development in order for the 35 affordable units to be included on the State's
Subsidized Housing Inventory. The project shall only use units per DHCD's minimum
floor sizes for affordable units.
CO
Planning
COPY .`T E:7
ef:Ae
'fgrrVN CLERK
Page 23 of 27
JUL 2 9 2015
56 Irving Street July 8, 2015
ZBA-2015-07 SP/SR Zoning Board of Appeals Decision
Condition
Timeframe
for
Compliance
To be
Verified
by
Utilities/Sewer/Stormwater. DPW review and final approval of the stormwater plan
and sewer system design and connections are required prior to Building Permit. The
Petitioner shall:
1. DPW will require a sanitary sewer capacity analysis to assess the ability of the
Town's sewer infrastructure to accept the new flows. The Applicant shall be
required to remove three (3) gallons of inflow/infiltration from the sewer system
for each one (1) gallon of wastewater generated at the site, using estimates based
on Title V. Any deficiency must be addressed with review and approval by DPW.
2. Provide a report detailing an inspection of the sewer line for the project's
connection to the municipal service.
3. Provide a Stormwater Pollution Prevention Plan and file the required Notice of
Intent with the EPA prior to issuance of any permits from DPW.
4. Copies of all post -construction stormwater management inspection and
maintenance records and invoices shall be kept for a period of five years and be
made available to DPW upon request.
5. Provide profiles of the proposed relocated municipal utilities for approval by the
DPW prior to issuance of a Building Permit.
6. Provide cross -sections showing the horizontal and vertical location of the walls in
relation to the recharge system in order to demonstrate that the walls will have
no impact on the performance of the infiltration systems.
Transportation/ROW Improvements.
1. The Petitioner has agreed to a Transportation Improvement Program (April 28,
2015, revised May 6, 2015) with a total contribution of $1,250,000 in offsite
improvements as identified in the referenced document. The petitioner has
agreed to allow the funds to be reallocated to other public improvement projects
if necessary, with allocation of funds to be determined by the DCDP Director and
DPW.
2. Traffic Monitoring — If counts are greater than predicted, onsite (10%), additional
traffic counts on and/or offsite may be required, as determined by the Director of
DCDP as required within the Control Documents, 'Traffic Monitoring Program'
dated June 23, 2015
3. In addition to the Transportation Improvement Program, the petitioner agrees to
participate in the formation of and continued participation in a Transportation
Management Association (TMA), which would include shuttle service serving the
corridor, including financial contributions in a proportionate share.
4. The eastern access/private way shall not be used for heavy industrial uses.
5. Final details of any road/ROW improvements shall be reviewed and approved by
DPW and DCDP Director
BP
1. CO
2. Post -CO
3. CO/Perpet
ual
4. Perpetual
5. BP
Landscaping and Site Plan. The Petitioners shall:
1. Install sidewalk, granite curbing, and street trees, where appropriate, along the
property frontages on Irving and Arsenal Street per DPW and/or the Tree
Warden's requirements, including structural soil where necessary. Street lights
and any public street furniture shall be identified and updated with review
and approval by DPW.
2. Provide pedestrian accommodation, as shown on Control Plans, along the
northern driveway/private way.
3. Provide wayfinding signage/plan for site access - including through access signs at
Irving Street and from the potential access points along Arsenal Street and Phillips
Street with review and approval by DCDP Staff.
CO/
Perpetual
ZEO/DWP
DCDP/DP
W/ ZEO
DCDP
Page 24 of 27
TOWN CLERK
JUL 2 9 231
56 Irving Street
ZBA-2015-07 SP/SR
July 8, 2015
Zoning Board of Appeals Decision
#
Condition
Timeframe
for
Compliance
To be
Verified
by
4. Provide all necessary easements for on -site sidewalks/ pedestrian/bicycle access,
utilities, and public safety. Provide easement plans and supporting
documentation to discontinue any existing municipal sewer and drain easements
and create sewer and drain easements for the newly relocated pipes. All sewer
and drain easements shall be a minimum of 30 -feet wide. Easement plans and
documentation suitable for acceptance by the Town Council shall be provided
prior to issuance of a Certificate of Occupancy. Additionally, obtain the necessary
easement from the Town for the fire and vehicular/pedestrian access.
5. Provide appropriate landscape screening for all transformers with approval by
DCDP Staff.
6. Ensure pedestrian crossings at the east garage entrance are clear (ADA compliant)
and that the pedestrian pervious paver zone to the north is safely demarcated
from the drive aisles of the Private Way with review and approval by DPW and
DCDP Staff.
7. The Town owned former RR land identified as Phillips Street ROW should be
further surveyed and designed to ensure good pedestrian/bicycle options,
landscaping, and proposed parking indicated and the area used for fire access in
coordination with DCDP and final okay by the Director of DCDP. Also, minimize
fencing adjacent to the Phillips Street sidewalk extension.
8. The ownership and maintenance of the 'West' Parcel Community Park shall be
finalized with review and approval by DCDP. The petitioner has agreed to design,
build, and maintain in perpetuity the Community Park.
9. Landscape Plans shall be subject to review and approval by DCPD Staff for species
appropriateness, mix, size, quantity, and spacing, as well as structural soil, where
appropriate.
10. A smaller ornamental tree shall be added to the southwest intersection and at
bridge in consultation with the Tree Warden, DCDP Staff and DPW.
11. All exterior lighting for the site shall be fully shielded and full cutoff and shall be
subject to a final review and approval by DCPD Staff prior to issuance of a Building
Permit.
12. Garage Exterior Lighting - In order to address concerns of views and visible lighting
from the neighborhood, all lighting shall be wall mounted or bollard style lighting
on the top or open areas of the arage with review and approval by DCDP staff.
Parking/Bicycle/Vehicle. The Petitioners has agreed to:
1. Provide 86 interior bicycle parking spaces with the allocation to residential and
commercial/retail to be determined by demand. DCDP Staff shall provide a final
14.
review of the rack style and allocation, if necessary, between residential and
commercial.
CO
ZEO
2. Install five electric car parking space and three car share spaces as shown on the
Control Plans, within the public area of the garage or as determined by DCDP
Staff.
Refuse. The Petitioners shall provide a narrative that describes the method of solid
15.
waste disposal and recycling from all proposed buildings, including the residential
component. In addition, all trash and recycling shall be collected by a private waste
management company.
BP/
Perpetual
ZEO
Energy Assessment. The project shall have an energy assessment completed to
16.
determine the viability of a photovoltaic system. The petitioner shall indicate, in
writing, what actions/outcomes will be taken with a copy of the assessment to DCDP.
BP
ZEO/DCDP
Page 25 of 27
A RI rE COPY ATrE s v
CcA4k-
TO M1 CLE IK
a2 *‘':
56 Irving Street
ZBA-2015-07 SP/SR
July 8, 2015
Zoning Board of Appeals Decision
#
Condition
Timeframe
for
Compliance
To be
Verified
by
17.
LEED Certifiable. The project shall submit documentation that the project is LEED
certifiable, including the necessary checklist indicating items provided.
CO
ZEO/DCDP
18
Community Path. The Petitioner has agreed to provide appropriate improvements to
accommodate the Community Path the distance of the property frontage on Arsenal
Street with review and approval by DCDP and DPW. Final design shall be consistent
with adjacent segments. Specifically, the following should be considered:
Maximize landscape plantings within the 3' buffer adjacent to the street curb and
ensure the sidewalk and Community Path are in the same plane/at the same grade.
CO
DCDP
19
Prior Approvals. All previous approvals and conditions of special permits and
variances relating to any part of this site shall be nullified as part of this approval.
perpetual
ZEO
20.
Park Design, Maintenance, and Access. The Community Park (West Parcel across
Irving Street) will have up to two Community Meetings to focus on programming and
design with final review and approval by DCDP. A park maintenance agreement,
including park maintenance standards and a detailed design and maintenance plan
with items such as trash pick-up, lawn maintenance, outdoor water fountain, etc.
shall be recorded as determined by DCDP Director. The Petitioner also states that the
park will be open to the public in perpetuity.
BP
DCDP
21.
Siding. No more than 37% of the exterior siding shall be flush cementitious paneling
with review and approval by DCDP Staff.
BP
DCDP
pere-ok R J2 fQA.- C
cirr
Page 26 of 27
C., Co -tip
A TF.. COPY AITECT
TOWN CLERK
56 Irving Street July 8, 2015
ZBA-2015-07 SP/SR 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
Neeraj Chander, Alternate
Jason D. Cohen, Alternate
Attest, by the Clerk to the Zoning Board of Appeals:
****************************************************************************
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: a Date: • 20
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.
A COPY ATT'E: T
Page 27 of 27
r
TOWN CLERK
1. 92013