HomeMy Public PortalAbout2017-07-11Planning Bd Rpt_Final_062617_201707071105197076 TOWN OF WATERTOWN
1630 Department of
- Community Development and Planning
V PLANNING BOARD
'y Administration Building Board Members:
149 Main Street John B. Hawes,Jr., Chairman
Watertown, MA 02472 Jeffrey W.Brown
Phone: 617-972-6417 Janet Buck
Fax: 617-972-6484 Gary Shaw
www.watertown-ma.gov Payson R.Whitnev. III
This Report provides the Planning Board's recommendation to the Honorable Town Council for the
Council's public hearing on the Industrial-3 Zoning Ordinance Text Amendment.
PLANNING BOARD REPORT
Subject Property: Throughout the Industrial-3 Zone, although the Petitioner
represents 100 North Beacon Street
Petitioner: Abhimanyu Bhakta, Par Hospitality LLC, 100 North Beacon Street
Zoning Change: Add Assisted Living as a Principal Use by Right or by SP/SR in the I-
3 Zone
Staff Report: May 5, 2017
Staff Recommendation: Approval
Date of Council First Reading: March 28, 2017
Date of Planning Board Hearing: May 10, 2017
Planning Board Recommendation: Approval
Change to Use Table June 26,2017
Permit Assisted Living in 1-3 Zone by SP/SR Planning Board Report
I. Public Notice(M.G.L. c. 40A, §11)
A. Procedural Summary
The request to permit Assisted Living as a Principal Use by Right or by Special Permit/Site Plan
Review in the Industrial-3 zoning district had a First Reading March 28, 2017, and was heard by the
Planning Board on May 10, 2017. As required by the Watertown Zoning Ordinance §9.22, notice
was given as follows:
• Published in the newspaper of record, Watertown Tab, on April 21, 2017 and April 28, 2017;
• Posted at the Town Administration Building on April 11, 2017; and,
• Mailed on April 11, 2017 to the Massachusetts Department of Community Affairs,the
Metropolitan Area Planning Council and to abutting municipalities.
B. Legal Notice
The Town of Watertown's Planning Board will hold a public hearing on a Zoning Ordinance Amendment
on Wednesday, May 10, 2017 with the meeting starting at 7:00 p.m. in the Town Council Chamber,
Administration Building, 149 Main Street, Watertown, MA 02472, to consider amendments to the
Watertown Zoning Ordinance.
The requested amendment would be to§5.01, the Table of Use Regulations to allow the category of
Assisted Living as a Principle Use By Right or by Special Permit with Site Plan Review in the Industrial-3 (1-
3)zoning district. A copy of the proposed Zoning Amendment is available in the Department of
Community Development and Planning.
II. Description
A. Nature of the Request
The Petitioner requests the Town grant a Zoning Text Amendment to add Assisted Living as a Principal
Use by Right or by Special Permit with Site Plan Review in the Industrial-3 District.
The Petitioner is the owner/operator of the Super 8 Motel at 100 North Beacon Street, which is in the I-
3 District. In his request to the Town Council for a First Reading, Mr. Bhakta requested the zoning
change to allow the consideration of an 80-100 room Independent/Assisted Living facility on the Motel
parcel in the 1-3 Zone. He suggests the conversion to an Independent/Assisted Living facility which could
come about as a result of the Text Amendment would be complimentary to the neighborhood, and
Watertown in general.
III. PUBLIC COMMENT
A comment letter was received from the Watertown Housing Partnership, who expresses a desire to
include an affordable housing requirement for assisted living projects in the future. Although they have
not yet concluded what this should entail,they will research the topic to make recommendations for a
Zoning Text amendment in the future.
IV. PLANNING BOARD ANALYSIS
Currently, Independent/Assisted/Alzheimer's care facilities (defined by the Zoning as Assisted Living) are
not allowed in the 1-3 Zoning District, either as a Principal or Accessory Use. These facilities are only
allowed in the R.75, R1.2, CB, LB, NB and RMUD Districts by Special Permit with Site Plan Review. In
Page 2 of 5
Change to Use Table June 26,2017
Permit Assisted Living in 1-3 Zone by SP/SR Planning Board Report
addition, in the CB, LB, NB and RMUD zoning districts, Note#7 applies to Assisted Living. Shown below
is the current Table of Use Regulations.
As a Principal S. S. I-
Use 6 10 CR SC T R.75 R1.2 NB LB CB 1 2 3 PSCD OSC RMUD
2. Institutional,Transportation,Utility,and Agricultural Uses
Assisted SPISR SPISR SPISR SPISR
h. Living N N N N N SPISR SPISR (7) (7) (7) N N N N N (7)
Red text added for visibility—This Table Excerpt Shows the Current Language
Note#7 reads as follows:
(7): All residential uses that are part of Vertical Mixed-use developments shall be located only on floors above the
ground floor, and in no instance shall more than 15%of any ground floor level that fronts on a public way be used
for the purposes of gaining access to the residential uses.
For Assisted Living, the first floor shall be non-residential in nature and shall be a combination of retail and service
uses,some of which may serve only the residents of the Assisted Living facility, to be determined through the site
plan review and permitting process.
The surface area of the ground floor level fagade along the public way as measured vertically from ground floor to
the underside of the above floor plate and horizontally along the total length of the building fronting the public way
must be composed of a minimum fifty percent(50916)transparent materials allowing unobstructed views into the
building. However,parking areas or parking structures shall be screened. Commercial pedestrian entrances into
these spaces must be no more than fifty(50)feet apart from one another, or from the corner of the building.
The Planning Board received the comment letter from the Watertown Housing Partnership, and the
ongoing need for more affordable housing in Watertown, particularly for seniors. The Planning Board
agrees that the issue of requiring Assisted Living to make an affordable housing contribution is complex,
and welcomes the research the Partnership proposes. This work will help inform future discussions
about whether or how to require affordable Assisted Living as part of the Zoning Ordinance.
V. Zoning and Plan Consistencv
The requested Text Amendment is consistent with the general idea of residential uses the 1-3 zone, in
that Multi-family and Mixed Use are currently permitted by Special Permit with Site Plan Review.
Assisted Living is not allowed in the 1-3 zone, but from an operational perspective,Assisted Living "acts"
like a housing unit with services. As such, it is similar to Multi-family within Mixed-Use projects.
The Petitioner's request to allow Assisted Living in the 1-3 zone is also in keeping with Watertown's 2015
Comprehensive Plan, specifically the Future Land Use Map. The Map envisions a transition to
Residential Mixed Use for a larger area around the Petitioner's specific parcel, and on Arsenal Street in
the area of the Union Market project. It also indicates a transition of other areas currently zoned 1-3 to
residential or Mixed Use. See below for a map that indicates the Petitioner's parcel with the current
zoning, and a copy of the Future Land Use Vision Map.
The 2015 Comprehensive Plan also recognizes the aging of our population and the need for more
Assisted Living facilities in the future. By broadening the locations in Town where this may occur can
only assist in meeting this increasing need. One aspect to note within the Future Land Use Map is that
not all areas of the 1-3 Zone are encouraged for residential, and so Assisted Living would also not be
encouraged in those area that are identified for Office/Industrial Mixed-Use.
Page 3 of 5
Change to Use Table June 26,2017
Permit Assisted Living in 1-3 Zone by SP/SR Planning Board Report
VI. PLANNING BOARD AND STAFF RECOMMENDATION
The Planning Board and DCDP staff recommend that Assisted Living be allowed as a Principal Use in the
1-3 zone by Special Permit with Site Plan Review. The Planning Board and DCDP staff also recommend
applying Note#7, as is required in other mixed-use Zoning Districts because it is not appropriate for the
residential units to be sitting at the street level, and Note#7 helps ensure street activation by including
retail and service components into the project.
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Page 5a5
zsfl Watertown Town Council
Administration Building
149 Main Street
Watertown, MA 02472
Phone: 617-972-6470
ORDINANCE # 2017 - OR-
ELECTED OFFICIALS:
AN ORDINANCE AMENDING THE TOWN'S ZONING ORDINACE TO
Marks.Sid
Council President ALLOW ASSISTED LIVING IN THE I-3 ZONE BY SPECIAL PERMIT
e
Vincent J. Piccirilli,Jr., WITH SITE PLAN REVIEW
Vice President
WHEREAS,pursuant to Massachusetts General Laws Chapter 40A, Section
Michael F. t LargDattolie
5 and Article IX of the Watertown Zoning Ordinance the Zoning Ordinance may be
Councilor At Large g � g Y
amended from time to time; and
Aaron P.Dushku,
Councilor At Large
Susan G.Falkoff, WHEREAS, on March 28,2017 the Town Council of the City known as the
Councilor At Large Town of Watertown received a request to amend the Zoning Ordinance to allow
Anthony Palomba, Assisted Living in the I-3 Zone By Right or by Special Permit with Site Plan Review,
Councilor At Large and conducted a First Reading of a petitioned Zoning Ordinance Amendment, and
Angeline B.Kounelis, referred the Amendment to the Planning Board for Public Hearing; and
District A Councilor
Lisa J.Feltner, WHEREAS, the Planning Board held a duly advertised Public Hearing on
District B Councilor May 10, 2017 in accordance with the requirements of M.G.L. c. 40A, Section 5 to
Kenneth M.Woodland, discuss the Amendment language as recommended by Department of Community
District D Councilor
Development&Planning("DCDP")staff,and where public comment was received;
and
WHEREAS, on May 10, 2017, with five members present, the Planning
Board voted unanimously to recommend approval of the request to allow Assisted
Living in the I-3 Zone by Special Permit with Site Plan Review, and to apply Note
#7 of the Zoning Ordinance to this Use in the Table of Use Regulations, and directed
DCDP staff to submit the Planning Board's report and recommendations to the Town
Council with respect to the proposed Amendment; and
WHEREAS, on July 11, 2017, the Town Council conducted a duly
advertised Public Hearing with respect to the proposed Amendment where the
Amendment was discussed and the report and recommendations of the Planning
Board were received and considered.
NOW THEREFORE BE IT ORDAINED by the Town Council of the City
known as the Town of Watertown that Title XV of the Watertown Code of
Ordinances, Chapter 155, Zoning Ordinance, is hereby amended as follows:
1. Amend the Watertown Zoning Ordinance, Article V, Tables of District
Regulations, Section 5.01,Table of Use Regulations as follows:
A. Revise the Table of Use Regulations as shown below to allow Assisted
Living in the I-3 Zone by Special Permit with Site Plan Review(SP/SR).
B. Apply Note #7 of the Zoning Ordinance as shown below as the Note
applies to the Table of Use Regulations to Assisted Living in the I-3 Zone.
As a Principal Use S-6 S-10 I CR I SC T R.75 R1.2 NB LB CB 1-1 1-2 1-3 PSCD OSC RMUD
2. Institutional,Transportation,Utility,and Agricultural Uses
h Assisted IN IN IN IN INSP/SR SP/SR SP/SR SP/SR SP/SR IN INN SP/SR N N SP/SR(7)
Living (7) (7) (7) L71
Council Member
I hereby certify that at a Meeting of the Town Council for which a quorum was present,the above
Ordinance was adopted by a roll call vote of for, against, present on July 11, 2017.
Marilyn W. Pronovost, Council Clerk Mark S. Sideris, Council President
Town Council Ordinance
Assisted Living in the I-3 Zone
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