HomeMy Public PortalAbout36 Arlington St rev 05-09-17COMMONWEALTH OF MASSACHUSETTSTOWN OF WATERTOWNZONING BOARD OF APPEALSIN THE MATTER OF 36 ARLINGTON STREET LLC)STATEMENT IN SUPPORT OF PRELIMINARY ) DEVELOPER’S CONFERENCE
FOR SPECIAL PERMIT )WITH SITE PLAN REVIEW (SP/SR))PROPERTY LOCATED AT: 36 ARLINGTONSTREET)WATERTOWN, MA )36 ARLINGTON STREET LLC (36 Arlington Street), applicant for zoning
approvals in connection with amendment of the existing special permit for the site, submits the following statement in support of special permit with site plan review (SP/SR) to the
boards and agencies comprising the Preliminary Developer’s Conference.I. STATEMENT OF FACTSA. THE SITEThe site is the former Super Fitness health and fitness site located near the intersection
of Arlington and Arsenal Street in the former I-1 zone, recently reclassified as Regional Mixed Use District (RMUD)zone located at the east end of Watertown abutting Cambridge and Boston.
The site is a 68,000 s.f. lot with a two-story rectangular brick industrial building with a footprint of approx. 45,400 s.f. The remainder of the lot is paved for parking areas.Consistent
with reclassification of the zone to Regional Mixed Use the site is included in the recently adopted Watertown Comprehensive Plan as a transition zone to more dense semi-urban mixed-use
residential and high tech, bio tech and compatible commercial and retail uses which serve them (e.g., upscale cafes, restaurants, shops, recreational facilities).B.EXISTING SPECIAL
PERMITThe site is currently subject to the original and amended special permit provisions of the former more intensive Super Fitness health and fitness facility which operated on both
floors.The parking study submitted by Super Fitnessat the time the original special permit was granted calculated the parking demand for its more intensive use to be 90 spaces. The
original SP grant No.93-17 dated June 30, 1993 required a total of 127 parking spaces, to be comprised of non-conforming on-site parking for 100 cars, and auxiliary off-site parking
of 27 additional spaces which had to be subsequently obtained by the applicant. Amendment to SP grant No. 93-4193-41 approved the use of an auxiliary lot located across Arlington
Street (which was subsequently redeveloped into the site occupied for many years by the Aegean restaurant, and more recently approved and now operating as a Dunkin’ Donuts).The original
and amendment to Super Fitness’ special permit are collectively referred to hereafter as “the Super Fitness special permit.” B. THE PROJECTIntegral to 36 Arlington’s application for
amendment of the existing Super Fitness special permit is the related application of its proposed new tenant, Tatte Holdings LLC (Tatte) to obtain a special permit with site plan review
for the entireapprox. 22,500 s.f.space located on the second floor of the building above the GymIt gym/health facility, and the other first floor tenant, Boston Sports Medicine (a physical
therapy business which utilizes the fitness equipment of GymIt for treatment of its patients). Tatte proposes to utilize the space for three principal elements of its operations: 1)
a café which will serve its very popular eat-in and take-out pastries and other baked goods; 2) a commissary which will prepare its baked goods for this Watertown location as well as
its other multiple café/bakery locations located in Boston and Metro West (Boston, Cambridge and Brookline).Looked at it as one ball of wax the projectis designed to accomplish two
zoning goals:1. To approve Tatte’s special permit for use and occupancy of the entire second floor of the building as a bakery/café; commissary; and related office space.2. To amend
the former Super Fitness special permit to reflect the new proposed uses and occupancy conditions of the site, especially as to parking.Of note is that there is virtually no reconstruction
associated with the proposed amendment of the special permitper se. Virtually all of the site changes relate to restriping of the parking areas to maximize the available conforming
spaces on-site; and the interior build-out of the Tatte space on the second floor.C. TRAFFIC AND PARKING. See Traffic Impact & Access Study prepared by VHB dated May 5, 2017 included
with this submission. In summary the Traffic & Impact Study has the following key findings and conclusions:PARKING DEMAND AND CAPACITY1. The total gross floor area for the Tatte uses,
including the loading dock area assigned to it, is 22,900 s.f. 2. The proposed allocation of the Tatte space for parking demand analysis is 2900 s.f. for the café; 17,500 s.f. for
the commissary; and 2100 s.f. office. 3. The GymIt health and fitness operation, inclusive of the Boston Sports Medicine physical therapy use, occupy 22,500 s.f.on the first floor.4.Based
on the requirements of Watertown’s zoning ordinance (W.Z.O. §6.01) the combined elements of Tatte’s use, in conjunction with the parking requirements for the first floor uses of GymIt
and Boston Sports Medicine, conservatively require 101 spaces. Of note is that the Traffic Impact & Access Study does not include any reduction factors for Transportation Demand Management
(e.g., the dovetailing of the different peak parking demand days and hours of the mix of uses; the substantial public transportation advantages of the site by way of MBTA bus service
in close proximity; or the customers/clientele of these upscale uses which are likely to have some percentage of them walking or bicycling to the site rather than using a car).5. The
existing on-site parkingcapacity is 83 spaces, consisting of 56 spaces in the rear parking lot and an additional 27 spaces along Arsenal Street in the front; 6. As a result of the
proposed restriping of the rear lot, the on-site capacity is increased to 86 conforming spaces, up from 83, of which 77 are standard; 5 compact; and 4 handicapped.7.See Table 4 at p.8.
Empirically,based on actual parking counts, week day parking demand at morning peak hours (7 a.m to 9 a.m.) is an average of 55 spaces out of the proposed 86 spaces available on-site
(roughly 66% of capacity). At evening peak hours the demand is closer to on-site capacity at between 80 – 84% of the available proposed 86 spaces, but still less than capacity.8. Despite
the fact that the actual parking counts suggest that on-site capacity at 86 spaces will be adequate, the applicant has made arrangements to lease 15 additional spaces at an auxiliary
lot located closeby at 71 Arlington Street. These 15 auxiliary spaces will be assigned as employee parking for the tenants to ensure that all of the on-site spaces will be available
to customers. These additional spaces bring the total up to the 101 spaces technically required under the zoning ordinance, without any reduction for the site and mixed use-specific
conditions which suggest some reduction in that number would be appropriate, as recommended by the Comprehensive Plan.TRAFFIC IMPACTS 1. See Table 6. The combined tenant uses are anticipated
to produce 352 net new vehicle trips daily (176 entering and 176 exiting); but approximately only 37 net new vehicle trips at both A.M. and P.M. peak hours, week days morning and evening,
and Saturday mid-day.2. The small number of additional car trips in and out at peak hours will have negligible effects on the relevant intersections Level of Service (LOS)], or on the
surrounding neighborhood streets.C. ZONING RELIEF The proposed project requires zoning relief by amendment to special permit in conjunction with site plan review as specified below.
No variance relief is required.a) The three proposed commercial tenancies are allowed of right in the RMUD zone (subject to SP/SPR for new construction or conversions of more than
4,000 s.f.): 1. GymIt (health and finess facility). W.Z.O. §5.01(3)(b); 2. Boston Sports Medicine: (medical office use). W.Z.O. §5.01(3)(a);3. Tatte (bakery and commissary – light industry,
wholesale): W.Z.O. §5.01(5); 4. Tatte (café – eating place with or without liquor). W.Z.O. §5.01(3)(i).5. Tatte (office); W.Z.O. §5.01(3)(a).b) The GymIt and Boston Sports Medicine
uses and occupancies are existing and no new construction or conversion is proposed as to them, so there is no zoning relief required as to those uses and occupancies.c) Tatte’s proposed
new construction/conversion for its proposed bakery, commissary,café and office uses) of more than 4,000 s.f. requires a special permit with site plan review (SP/SPR), which is separately
applied for by Tatte.d) For the reasons discussed under Section I(C) with respect to traffic and parking, the parking capacity with the proposed 15 auxiliary parking spaces meets or
exceeds any reasonable calculation of the parking demand for the site; and the small number of additional car trips in and out daily, and especially at peak hours, will have negligible
effects on the relevant intersections [Level of Service (LOS)] or on the surrounding neighborhood streets. II. §9.05 CONDITIONS FOR GRANT OF AMENDMENT OF SPECIAL PERMITThe conditions
for grant of an amendment to the existing special permit under the circumstances of this case are the same as for the grant of an original special permit, as follows:A. The Specific
Site is an Appropriate Location for Such a Use, Structure or ConditionFor the reasons and authorities cited in Section I(C)(a) above, all of the uses including the new Tatte uses are
allowed of right in the RMUD zone.B. The Use as Developed Will Not Adversely Affect the NeighborhoodTwo of the tenants (GymIt and Boston Sports Medicine) are allowed of right in the
RMUDzone and have been preexisting for long periods of time in the neighborhood, so there is no potential to adversely affect the neighborhood. Tatte’s proposed uses are likewise allowed
of right and compatible with the RMUD zone and the Comprehensive Plan’s vision for it.There is virtually no proposed reconstruction of the building; only interior renovations for Tatte’s
uses and occupancy of the second floor of the building.C. There Will be No Nuisance or Serious Hazard to Vehicles or PedestriansThe project as specified provides required conforming
parking for all of three tenancies.D. Adequate and Appropriate Facilities Will be Provided for the Proper Operation of the Proposed Use See subsections B, C and D above. The proposed
project will meet or exceed all building code requirements. · II. W.Z.O. §9.03 (c) SITE PLAN REVIEW CRITERIA1. 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.
There will be no tree and soil removal as part of the parking lot restriping effort. All existing grades will stay as they appear currently. 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.The current building footprint is not being modified. The only exterior renovations are the addition of new windows at the café section of
Tatte’s second floor build out.3. Open Space.All open space required by this Zoning Ordiancre shall be so designed as to maximize its visibility for persons passing the site, encourage
social interaction, maximize its utility and facilitate its maintenance.The existing site is to be unaltered except for restriping the rear lot.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.The existing curb cut and parking access/circulation will be retained in the future restriping scheme. Bicycle racks are
provided within the parking area where they are protected from vehicular traffic. 5. Surface Water Drainage:Special attention shall be given to proper surface drainage so that removal
of surface water 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.The existing drainage system, which will remain unmodified, captures the parking
lot area as well as the roof and conveys the water, through underground piping, to the adjacent wetland system.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 from all buildings shall be indicated. There are no changes proposed to the existing
utility systems serving the existing building, which are described below:Sanitary sewer exits the building from the northeastern quadrant, through a 6” sewer line, which connects to
a 24” sewer trunk line in Arlington Street. Water and Gas services are also provided from Arlington Street. Electric, telephone, and cable TV lines currently are overhead wires located
on the eastern half of Arlington Street. The overhead wires split off at UP#3-5 to feed UP#3 5/1 on the site. Through 4 risers, wires continue underground to the transformer/building.
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.The proposed work consists of no additional pavement areas which would contribute
to the heat island effect. 8. Screening:Screening, such as screen plantings, shall be provided for exposed storage areas, exposed machinery installations, service areas, truck loading
areas, utility building 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.Other than removal of some parking space striping, no changes are proposed to the loading area(s) on site. In the current configuration, the transformer/machinery
area is located at the lower level and is screened from the public way. 9. Safety:With respect to personal safety, all open and enclosed spaces shall be designed to facilitate building
evacuation and maximize accessibility by the police and other emergency personnel and equipment.Access for police and other emergency personnel remains unchanged from the existing conditions.
The existing fire lane along the entry drive will be retained. 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.There
are no anticipated changes from the existing conditions with respect to impact to abutters. The benefit of re-using the existing building rather than constructing a new facility is
the lack of disruptive construction efforts that can cause short term dust, noise, or other annoying/disruptive impacts.For the foregoing reasons and authorities the Project satisfies
the site plan review criteria set forth in W.Z.O., §9.03(c).IV. CONCLUSIONS.1. The Project satisfies all of the conditions for the grant of an amendment of the existing special permit
pursuant to W.Z.O., §9.05(b).2. The Project satisfies the site plan criteria set forth in W.Z.O., §9.03(c).For the foregoing reasons 36 Arlington respectfully requests the support of
the boards and agencies which comprise the Preliminary Developer’s Conference in recommending the grant of amendment of the existing special permit.
_____________________________Stephen M. Winnick, Esq.Attorney for 36 Arlington Street LLCWinnick & Sullivan LLP134 Main StreetWatertown, MA 02172(617) 926-9200FAX (617)923-4575Email:
winvictus@winnlaw.comDated: May 9, 2017