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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 rril t 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. Page 2 of 27 A 'J COPY ATZa i =Ira, ec-2-2 TOWN CLERK �UL 2 9 ui 56 Irving Street July 8, 2015 ZBA-2015-07 SP/SR Zoning Board of Appeals Decision 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 ATRL' COPY ATTEST Page 3 of 27 TOWN CLERK dUL 9 2U15 56 Irving Street 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 Page 4 of 27 ATROI COPY ATISST TOW CLEM 56 Irving Street July 8, 2015 ZBA-2015-07 SP/SR Zoning Board of Appeals Decision ■ 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: Page 5 of 27 A i RLE COPY ATTEGT� TO'APENI CLERK JUL 2 9'L]t5 56 Irving Street July 8, 2015 ZBA-2015-07 SP/SR Zoning Board of Appeals Decision • 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 Page 6 of 27 A TRUE COPY ATTEST TOWN CLERK I r 2 92015 56 Irving Street July 8, 2015 ZBA-2015-07 SP/SR Zoning Board of Appeals Decision 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 Page 7 of 27 ►A TRUE COPY ATTEST TOWN CLERK -a? ' 292015 56 Irving Street July 8, 2015 ZBA-2015-07 SP/SR Zoning Board of Appeals Decision 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. Page 8 of 27 A i7,1L i COPY ATTES4 TOWN at -AK 56 Irving Street July 8, 2015 ZBA-2015-07 SP/SR Zoning Board of Appeals Decision 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. A TRUE COPY AT EGT Page 9 of 27 TOWN CLERK &IL 2 92015 56 Irving Street July 8, 2015 ZBA-2015-07 SP/SR Zoning Board of Appeals Decision 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 A t ??. COPY ATTEST Page 10 of 27 TOWN CLERK JUL 2 92015 56 Irving Street July 8, 2015 ZBA-2015-07 SP/SR Zoning Board of Appeals Decision 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