Loading...
HomeMy Public PortalAboutStaff Report_33 Mt Auburn_FinalTOWN OF WATERTOWN Department of Community Development and Planning STAFF REPORT This Staff Report is a technical analysis of the submitted application material and the required findings of the Watertown Zoning Ordinance. It is based only upon information submitted prior to the public hearing and may be revised or updated with new recommendations, findings and/or conditions as new information is obtained by Planning Staff during the public hearing process. Case#: Subject Property: Parcel ID: Zoning District: Petitioner/Owner: Zoning Relief Sought: Special Permit Granting Authority: Site Plan Review Meeting(s): Date of Staff Report: Staff Recommendation: Planning Board Meeting: Zoning Board Hearing: ZBA-2018-04 SP/SR 33 Mt Auburn Street 1003 5 3 CB (Central Business) Zoning District 33 Mt Auburn Street Development, LLC Special Permit w/ Site Plan Review -§5.01.1(k)2 - Mixed -Use Development > 3 Units o Subject to §5.07 Affordable Housing o Subject to §6.01(6 Required Off -Street Parking: Reduction Zoning Board of Appeals October 31, 2017 March 12, 2018 Conditional Approval Scheduled March 19, 2018 Scheduled March 28, 2018 33 Mt Auburn Street ZBA-2018-04-SP/SR March 12, 2018 Staff Report I. PUBLIC NOTICE (M.G.L. C. 40A, 11) A. Procedural Summary Petition ZBA-2018-04 SP/SR is scheduled to be heard by the Planning Board on March 19, 2018 and is scheduled to be before the Zoning Board of Appeals on March 28, 2018. As required by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice will be given as follows: • Publish in the newspaper of record (Watertown Tab) on March 9, 2018 and March 16, 2018. • Post at the Town Administration Building on February 28, 2018 and, • Mail to Parties in Interest on February 28, 2018 B. Legal Notice "Mount Auburn Street Development LLC, 44 Daly Road, Medford, MA 02155, herein requests the Zoning Board of Appeals grant a Special Permit with Site Plan Review in accordance with §5.01.1(k)(2), Mixed Use, > Three Units; §6.01(f), Reduced Parking Requirement and §5.07, Affordable Housing, so as to construct a mixed use building with 15 residential units (2 affordable) and 2 commercial units with 19 parking spaces, where 20 is required. CB (Central Business) Zoning District. ZBA-2018-04" SITE PHOTOS View from Mt Auburn St looking toward Town -owned triangle property View of demolished portion of building and pavement from Mt Auburn Page 2 of 15 33 Mt Auburn Street ZBA-2018-04-SP/SR March 12, 2018 Staff Report SITE PHOTOS View of sidewalk (future multi -use path suggested to be combined with or adjacent to sidewalk) II. DESCRIPTION Town land to be enhanced with landscaping A. Site Characteristics The site is a 13,581 square foot vacant lot located on Mt Auburn Street at the intersection of Taylor Street. There site was previously for industrial/commercial by Port Oil. There is a triangle of land owned by the Town of Watertown adjacent to the lot at the corner of Taylor Street, which was landscaped but is not well maintained. Current access to the site is from two curb cuts on Mount Auburn Street. The site is has an asphalt and concrete driveway/parking area and scrub vegetation. B. Surrounding Land Use The project site is located in the center of Watertown Square across the street from a diverse mix of retail businesses. The Arsenal St corridor is a block to the southeast. This area also has a mix of uses and building types with more vehicle centric businesses like tire/repair centers and auto body uses occupying several sites. Further south is a residential neighborhood with higher density apartment/condominiums transitioning to one and two-family uses. The Charles River is located less than two blocks to the south and provides many amenities within the greenway corridor. The site is located within walking distance of many transit lines. C. Nature of the Request The Petitioner proposes to construct a four-story mixed -use building with 15 residential units (2 affordable) and 1,924 square feet of retail/office (with an additional 552 s.f. of storage identified to support the commercial businesses), with 19 parking spaces (20 required) contained within the structure. The Petitioner has agreed to landscape the triangle of land adjacent municipally owned property as part of this project. For the permitting, the Petitioner has provided illustrative landscape plans as part of the Control Documents that show an example of what the Petitioner is willing to commit to but the final plans will be developed in collaboration with and be subject to a final review and approval by the Town. Page 3 of 15 33 Mt Auburn Street ZBA-2018-04-SP/SR March 12, 2018 Staff Report D. Relevant Permitting History According to Assessor's records, the site is a combination of three lots, and came into existence around 1910. In 1917, the site use indicates there was a house and stores. By 1929, Assessor's cards show a gas station and gas tanks. Building permits on file indicate a single family home was demolished in 1936. After that, there are three more Building Permits for what appear to be commercial uses, with the last one issued in 1995. Ownership changed over the decades, with a sale to Robert Bray in 2009. Planning and Zoning records show one prior permit: • Lapsed: ZBA-2013-29 SP/SR: Granted with conditions by the ZBA on May 28, 2014. Approval to construct a four-story mixed -use building with 24 residential units (2 affordable) and 1,979 square feet retail/office, with 36 parking spaces contained within the structure. The approval included two access points to the site (one from Mt Auburn and one from Taylor) This Special Permit approval lapsed on October 2, 2015 so the approval and conditions are do not pertain to the site. E. Summary of Updated Project As noted in the Permitting History, a project was approved in 2014. Since then, the project has been updated by a new petitioner as follows: • Number of residential units has decreased from 24 to 15 • Ownership model has changed from rental to condominium • Commercial space has decreased from 2,115 square feet to 1,924 square feet (with an allowance for Board suggested storage space of 552 s.f. carried over) • Mount Auburn Street entrance/exit has been eliminated and the Taylor Street access is retained • Parking will be provided on site on the first level but there will be no underground parking • Number of parking spaces has been reduced from 36 to 19 • Exterior materials now propose brick on the Mt Auburn Street facade with precast stone, and CMU at the base • Provides roof -top amenities such as terraces and common use outside seating areas Page 4 of 15 33 Mt Auburn Street ZBA-2018-04-SP/SR March 12, 2018 Staff Report III. PUBLIC COMMENT The Petitioner held a Community Meeting on November 11, 2017. A copy of the Petitioner's Summary has been provided to the Planning Board. Also, as of the staff report, the DCDP had not received any other public comments on the project. IV. FINDINGS A. Plan Consistency A. Plan Consistency The proposed development supports several goals and implementation strategies highlighted in the excerpts from the following plans 1. Strategic Framework for Economic Development, 08/02/2011 • Promote investment in under-utilized areas • Thriving business community in strategic locations in former industrial sites • Redevelopment/reuse of the now vacant sites seen as benefit • Site redevelopment/reuse increases the tax base 2. Comprehensive Plan, 2015 • Mix of commercial/retail/office and residential uses • Creates infill of a vacant site • Provides onsite parking • New building reinforces the street edge • Develops a pocket park (on adjacent municipal property) 3. Watertown Square Design Handbook (Commercial Design Guidelines are reviewed under Special Permit Criteria) • Handbook focuses on rehabilitation/maintenance of retail/commercial fabric in the Square, so it is not directed at mixed use project per se • Newer building provides desired cornice lines, uses brick, a traditional exterior material • Maintains and increases landscaping B. Special Permit with Site Plan Review §5.01.1(k)2 - Mixed -use development greater than 3 units This proposal must meet the four conditions of approval for a Special Permit set forth in §9.05(b) of the Watertown Zoning Ordinance (WZO). In addition, this proposal is subject to the review procedures under §9.03 Site Plan Review, in which the ten criteria listed in §9.03(c) must be evaluated. Special Permit Criteria .�9.05(b) 1. The specific site is an appropriate location for such a use, structure, or condition. Conditionally Met: Construction of the proposed vertical mixed -use commercial space and residential development on the vacant lot is allowed by Special Permit with Site Plan Review Page 5 of 15 33 Mt Auburn Street ZBA-2018-04-SP/SR March 12, 2018 Staff Report in this Zoning District. Typically, new development projects proposed within the Central Business district are required to have some type of commercial component, and may have residential mixed use as part of the commercial project. This site is an appropriate and desirable location for a mixed -use project. The proposed mixed -use project will be a more appropriate use for the site, providing a commercial frontage with parking behind and residential above. The proposal will also provide off -site improvements to Town owned land adjacent to the site. The parking is located within the structure to minimize the presence and visual clutter of vehicles. The Petitioner has offered to improve the public open space, which will contribute to the Watertown Community Path project by providing a focal and stopping point along the proposed path. This location is a connection point (crossing on Mount Auburn Street) between the Arsenal Street/Taylor Street path segment and the proposed connection along Baptist Walk continuing behind the municipal buildings and along the Linear Path to the Charles River. Although the project has specified that the first floor use be some general type of commercial, a preferred use for this location would be retail in nature, contributing the most to the continued revitalization and success of the Square. Since the initial approval, the project has proposed brick along the Mt Auburn Street facade, which is more consistent with the architectural features of Watertown Square, with of its mix of older facades comprised of brick, stone, and stucco, or more modern styles that incorporate a variety of materials including metal panels and glass. 2. The use as developed will not adversely affect the neighborhood. Met: The proposed development will benefit the neighborhood by eliminating the blighted industrial site and front yard parking. The proposed building is more substantial than some of the surrounding structures but will fit well with the previous built 4 -story building adjacent to the site. That project was designed with minimal windows on the rear facade in anticipation of this site being developed. The project also provides a mix of uses and added amenities for the community with an improved public amenity on Town owned land adjacent to the site. The proposed development would 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: The elimination of curb cuts on Mount Auburn Street will eliminate a large area of conflict. The previous approved project allowed for a 24 foot wide curb opening which was close to the neighboring building. That building is not setback from the sidewalk so the sightline was very limited. The updated request provides an opportunity to discuss this previous design issue and the new proposal eliminates staff concerns in regard to vehicle pedestrian conflicts. The single access on Taylor Street is designed to minimize conflicts with pedestrians and the Community Path is proposed for the opposite side of Taylor Street so this will not be a conflict. Page 6 of 15 33 Mt Auburn Street ZBA-2018-04-SP/SR March 12, 2018 Staff Report Parking facilities for residents and commercial vehicles will be provided on site and the site circulation has been designed with appropriate sight lines and aisle widths. Transportation impacts are addressed as part of §9.03(c)(4), below. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Conditionally Met: The Town, through the Department of Public Works (DPW), notes the Petitioner is proposing 3,560 gallons per day (gpd) of flow. The final wastewater mitigation needs to be finalized by the Town prior to the issuance of a Building Permit. Stormwater management is addressed below, per §9.03(c)(5). The proposal will also be required to meet all building, health, and safety requirements. Site Plan Review Criteria §9.03(c) Below is an analysis of the project relative to the Site Plan Review criteria described in WZO §9.03. Staff notes that §6.01(f) of the WZO allows a reduction of up to 25% in onsite parking required through the Development Incentive Credit of encouraging alternative modes of transportation. Further analysis of the Incentive Credits is provided below, under §9.03(c)(4). 1. 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. Conditionally Met: The previous use as a commercial/industrial site with surface parking and significantly disturbed areas. There currently are a few weed trees and no landscaped areas. The Petitioner proposes vegetate the site around the building, as well as working with the Town to create a town -owned landscaped space adjacent to Taylor Street. 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. Met: The Town engaged Gamble Associates to conduct a design review under §9.03(d)(2). Mr. Gamble and DCDP staff met with the Petitioner on 10/31/17 as part of Developers' Conference. Gamble Associates completed a design review on 11/10/17. Subsequently, the designs were updated, to incorporate suggested design recommendations. An updated Memo (3/9/18) that acknowledge the addition of brick, a higher quality material, to the Auburn Street elevation. His review also noted canopies add depth and color. He also supports the Petitioner working with the Town to make the pocket park welcoming. The size, placement, and design of the proposed building provides visual relief in the massing which helps create a transition between the historic one-story commercial building on the adjacent property. Also, the second story is setback so the commercial business is more Page 7 of 15 33 Mt Auburn Street ZBA-2018-04-SP/SR March 12, 2018 Staff Report prominent. The materials on the first floor are modern but in -keeping with other properties in the area. 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. Met: The proposed development will include 21.1% open space. Most of the open space provided on site will be pushed to the edges of the site, but the Petitioner has also committed to working with the Town to improve the adjoining `park' land. As such, Town review will be a given, regardless of an official condition to review plantings. 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. Special consideration shall be given to infrastructure and design that will enhance public transit, such as bus shelters, on -site transportation demand management measures, and participation in a Transit Management Association. Conditionally Met: Vehicular access to the site will be via a 24 foot wide curb cut on Taylor Street accessing a garage with 19 spaces. Site circulation has been designed for safety with appropriate aisle widths. The proposal requires that four (4) bicycle spaces be provided on site. The plans shows six (6) bicycle exterior spaces near the entrance to the commercial space. Staff recommends that, in addition to this, there be an option for securable hanging spaces in front of parking space within the garage. Analysis and findings in regard to transportation -related offsite improvements and mitigation are being reviewed by the Town with the goal that they will be resolved prior to the ZBA approval. Therefore, these topics are not discussed in this staff report. However, the Petitioner must finalize the transportation related items (TDM, Taylor Street, and Community Path). 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. In addition, the 82% impervious surface of the site will be less than the maximum allowed (100%). 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 impervious surface runoff. Peak rates of run-off are better than pre -development conditions and minimize impacts to the Town's stormwater system. The design will require a final review and approval of the proposed system by DPW. Page 8 of 15 33 Mt Auburn Street ZBA-2018-04-SP/SR March 12, 2018 Staff Report 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: The Petitioner has stated that all utilities on the site will be underground and that sanitary sewage will connect to an existing sewer line. All trash and recycling will be located interior to the garage/structure and will be required to be collected by a private waste management company. Sheet C-2 shows a transformer at the corner of building, close to Mount Auburn Street. The project should provide screening for this transformer, and any rooftop mechanicals, as necessary. 7. Environmental Sustainability: Proposed developments shall seek to diminish the heat island effect; employ passive solar techniques and design to maximize southern exposures, building materials, and shading; utilize energy -efficient technology and renewable energy resources; and minimize water use. All Mixed Use Developments in the NB, LB, CB, 1-1, 1-2, 1-3, and PSCD Districts must meet LEED Certifiable requirements as outlined by the United States Green Building Council's Leadership in Energy and Environmental Design (current edition as applicable) as a minimum. Design documentation shall be provided by the Petitioner to the Town to verify that the project could achieve the minimum number of LEED points to achieve certification. Such documentation may include but not be limited to a project narrative describing how the project design intends to achieve selected LEED credits, and a LEED checklist with criteria (or points) which shows the project will achieve a minimum of 40 points. All Mixed Use Developments in the RMUD must meet LEED Certifiable requirements as outlined by the United States Green Building Council's Leadership in Energy and Environmental Design (current edition as applicable) at the Silver level. Met: The Petitioner has reduced the amount of impervious area by providing the majority of the parking spaces within the building. The building is oriented to allow natural lighting of all units. The site has provided 20% open space with landscaping that should provide shade in the summer and will minimize the 'heat island' effect that higher -density mostly impervious sites can cause. The higher -density project near transit options will allow for a reduction in vehicle usage. This project is located in the CB zone, so it must meet LEED Certifiable to achieve a minimum of 40 points. Also, per §9.03(a) of the WZO, the Petitioner has not provided the required Energy Assessment/solar analysis, therefore the project is conditioned to have an energy assessment completed. 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. Met: There are no proposed exposed machinery installations or storage areas and HVAC systems will be located centrally on the rooftops with screening if necessary. Loading areas will be inside the building. 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. Page 9 of 15 33 Mt Auburn Street ZBA-2018-04-SP/SR March 12, 2018 Staff Report Met: The Petitioner states that the proposed building 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. 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 A-7 provides a picture of the one exterior fixture the Petitioner proposes to use on the outside of the project. It is a single, down -directed canister LED light. The Elevation sheets indicate that four will be used on the Mount Auburn Street facade, adjacent to or above the entrances. Two will be on the Taylor Street facade, one on either side of the garage door. And one will be placed next to what is probably an exit door. The Architect also proposes to use these fixtures to illuminate the outside common area and private patios on the second and fourth floors. Section 7.12 of the Ordinance has an allowance for decorative on - building mounted fixtures to be mounted at heights above 20 feet. The fixtures used for the outdoor spaces on the second and fourth floors meet this criterion. Staff recommends the project be conditioned so that all site lights will turn off during daylight hours, and to have an inspection of the installed design before issuance of the Certificate of Use/Occupancy. The Petitioner submitted a November 6, 2017 sub -surface site assessment relative to the property's former use by the Port Oil Corporation. Analysis included soil and groundwater sampling. The consultant's conclusion is that a Release Abatement Measure Plan must be filed with the MA Department of Environmental Protection prior to site redevelopment. Based on this, the project has been conditioned that the RAM Plan be submitted and that the Town be provided evidence of this submission prior to issuance of a Building Permit. §5.07 Affordable Housing Requirements In the CB District, a mixed -use project that creates between 6 to 19 dwelling units is subject to the §5.07 of the WZO, Affordable Housing Requirements and must provide 12.5% of the units as affordable. This project proposes 15 dwelling units, so the calculated requirement is 1.875 units. §5.07 requires that any calculation that results in a fractional number at or above one half shall be increased to the next number. This means the actual requirement is two units. Two affordable units will be provided onsite, and the Petitioner has indicated the units will be offered for sale as condominiums. Consistent with the other units, the affordable units would be offered for sale. The sale of the affordable units would be no higher than the maximum sale affordable to a household with an income at or below 80% of the area median income (AMI) adjusted for household size. 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 a special meeting in December 2017. In accordance with §5.07(j), the Page 10 of 15 33 Mt Auburn Street ZBA-2018-04-SP/SR March 12, 2018 Staff Report WHP has made findings in reference to the proposal's fulfillment of the affordable housing requirements. 1. Affordable units shall be proportionately distributed throughout the building in a covered development. Met. The two affordable units distributed throughout the building, with one unit on the second floor and one unit on the third floor. 2. Affordable units shall be indistinguishable from market -rate units in exterior building materials and finishes; overall construction quality; and energy efficiency, including mechanical equipment and plumbing, insulation, windows, and heating and cooling systems, as determined by the Building Inspector. Met. The Petitioner has indicated that the affordable units will be built to the same specifications as the market rate units regarding exterior building materials and finishes; overall construction quality; and energy efficiency, including mechanical equipment and plumbing, insulation, windows, and heating and cooling systems. 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 Petitioner has indicated that the appliances and finishes of the affordable units will not differ from the market -rate units. 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 foot required by DHCD. Met. Of the 15 units, 13 will have two bedrooms (two affordable), 1 will have one bedroom, and 1 will have three bedrooms. The affordable two -bedroom units are larger than 900 square feet, which exceeds the DHCD's minimum size requirement. 5. 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. Met. The largest proportion of the units are two -bedroom units, and the two affordable units are two -bedroom units. This is consistent with this criterion. The WHP unanimously accepted the Petitioner's offer of two affordable units, as shown on Sheet A13, which showed units 2B and 3C as affordable. The WHP also unanimously accepted that unit 3C would be both accessible and affordable, while unit 2B would just be affordable. V. STAFF RECOMMENDATION: Based on the finding that the proposed project meets the criteria set forth under §9.03(c), §9.05 (b), §5.07, and with the general purpose of the Ordinance outlined in § 1.00 of the WZO, Staff recommends conditional approval of a Special Permit with Site Plan Review under §5.01.1(k)(2) - Mixed -use development greater than 3, with the following conditions: Page 11 of 15 33 Mt Auburn Street ZBA-2018-04-SP/SR March 12, 2018 Staff Report # Condition Timeframe for Compliance To be Verified by 1' Control Documents. This approval is based upon the application materials and the control plans, as modified by these conditions, submitted by the Petitioner: 1. Cover Sheet — 33 Mount Auburn St Rendering with list of drawings dated 2/13/18 2. Cl Site Layout Plan (10/10/17, revised 2/13/18) 3. C3 Site Utility Plan (10/10/17, revised 2/13/18) 1. C4 Details (10/10/17, revised 2/13/18) 2. C5 Details (10/17/17, revised 2/13/18) 3. Certified Plot Plan (1/11/18) 4. L1 Landscape Plan (2/13/18) 5. Un-named Sheet — Proposed Plans and Furnishings 6. AO Zoning Summary, Shadow Studies (2/13/18) 7. Al Basement Floor Plan (2/13/18) 8. A2 First Floor Plan (2/13/18) 9. A3 Second Floor Plan (2/13/18) 10. A4 Third Floor Plan (2/13/18) 11. A5 Fourth Floor Plan (2/13/18) 12. A6 Roof Plan (2/13/18) 13. A7 Mt Auburn Street Elevation (2/13/18) 14. A8 Taylor Street Elevation (2/13/18) 15. A9 Rear Elevation (2/13/18) 16. A10 West Elevation (2/13/18) 17. All Section, Partial Mount Auburn Street Elevation (2/13/18) 18. Al2 Reference Photos (2/13/18) 19. A13 Affordable Housing Information (2/13/18) 20. Application, including two documents responding to Site Plan Review Criteria 21. Transportation Memo, WSP, by Jennifer Conley, PE, PTOE, dated 10/30/17 22. Letter Report Concerning Effects of Foundation in Groundwater, by Steve Hurley, Stantec, dated 10/23/17 23. Memo on Port Oil Closure, Kurz Environmental, dated 11/6/17 24. Engineering Drainage Calculations, by Gala Simon Associates (GSA), dated 10/17/17 Perpetual ZEO/ ISD 2. Plan Modifications. Neither the Petitioner nor any present or future owner of any interest in the project shall change or modify either the control plans referenced in this decision, or the project itself, without first filing a formal request with the DCDP 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. CO ZEO/ ISD 3. Recordation. Upon application for a Building Permit, the Petitioner shall provide evidence to the Zoning Enforcement Officer that this entire decision has been filed with the Registry of Deeds. BP ZEO 4 Codes/Regulation Compliance. The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. CO ZEO/ ISD 5. Certificate of Occupancy/Final Inspection. A copy of the Building Permit with final approval signatures from all relevant inspectors must be submitted to the Zoning Enforcement Officer upon completion of the project. CO ZEO Page 12 of 15 33 Mt Auburn Street ZBA-2018-04-SP/SR March 12, 2018 Staff Report # Condition Timeframe for Compliance To be Verified by 6. As-Built(s): The Petitioner shall: A. Submit a certified "as -built" foundation plot plan showing all dimensional setbacks at the time of foundation inspection for Building and Zoning. B.As-built plans, showing site utilities, layout, topography and other pertinent information, for the project shall be submitted to the DPW for approval upon completion of construction activities and prior to issuing a Certificate of Occupancy. The As Built plans shall specify how the completed plan differs from that shown on the plans referred to in the Permit Conditions. 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. A = Prior to BP B = Prior to CO ZEO/ ISD 7. Demolition. • 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 3 F.) • Provide a plan for the control and mitigation of on -site noise, odors, dust, asbestos, and rodent abatement to the Health Department • Submit a plan for vehicle parking during construction Prior to Demo Permit Health & 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. A. The Petitioner shall prepare and submit a Local Action Unit application to the State's Local Initiative Program and comply with all the requirements of DHCD in order for the affordable units to be included on the State's Subsidized Housing Inventory. This includes an Affirmative Fair Housing Marketing Plan acceptable to DHCD. B. Conduct a lottery to find income eligible purchasers. A= BP B=CO Planning 11. Utilities/Sewer/Stormwater Approvals: All utility, grading, water and stormwater management plans shall have final review by DPW for approval. Prior to BP DPW/ ZEO 12. Utilities/Sewer/Stormwater Completion: All utilities, including but not limited to water, sewer and stormwater management systems shall be complete prior to issuance of a Certificate of Occupancy for any building. Prior to CO DPW/ ZEO 13. Stormwater Pollution Prevention Plan: A. The Petitioner shall provide a Stormwater Pollution Prevention Plan, and shall file the required Notice of Intent with the EPA and DPW. Stormwater Operations/Maintenance Plan: B. The Operations and Maintenance Plan shall be an on -going requirement of the Special Permit. The Petitioner shall keep copies of all post -construction stormwater management inspection and maintenance records and invoices for a period of five (5) years, and these reports and records shall be made available to DPW upon request. A= Prior to BP B =Perpetual DPW/ ZEO Page 13 of 15 33 Mt Auburn Street ZBA-2018-04-SP/SR March 12, 2018 Staff Report # Condition Timeframe for Compliance To be Verified by 14. LEED Certifiable: The Petitioner shall submit documentation to show that the new building are LEED certifiable with a minimum of 40 points, including the LEED checklists indicating items provided. Submit analysis prior to BP and finalize prior to CO DCDP 15. Energy Assessment: The Petitioner shall conduct an Energy Assessment to determine the viability of a rooftop photovoltaic system. The Assessment shall indicate, in writing, what actions/outcomes will be taken. The Petitioner shall also submit a copy of the Energy Assessment to DCDP for review and approval. Prior to Building Permit DCPD 16. Landscaping and Site Plan. • Install sidewalk, granite curbing, and street trees, where appropriate, along the property frontages on Taylor and Mt Auburn Street per DPW and Tree Warden requirements and approval process. • The landscape plan should include plantings and treatments for the rear and side yards. • Work with the DCDP to develop a signage program for the new `park'. CO DCDP 17. Exterior Lighting: A. All site lights will turn off during daylight hours. B. Final exterior/site lighting shall comply with Article VII of the Zoning Ordinance. Once the exterior lighting is operational, ISD may review the installation. Based on the results of this inspection by Town staff, additional measures as needed shall be taken by the Petitioner, including but not limited to further screening or shielding installed to reduce off -site impacts. A =Perpetual B = Prior to CO/Perpetual DCDP/ ISD 18. Bicycle Parking. In addition to racks identified on the plans, provide an option for securable hanging spaces in front of parking space within the garage. BP ZEO 19. Transportation: A. Offsite improvements/mitigation: To be approved by the Town prior to BP B. Transportation Demand Management: Final review to be completed by DCDP per the TDM Ordinance (0-2017-31) A= TBD B = Prior to BP and Perpetual ISD/ZEO DCDP/ DPW 20. Refuse. All trash and recycling will be located interior to the garage/structure and will be required to be collected by a private waste management company. perpetual ZEO Page 14of15 �. -- 410yr �,c. #24 d q- #75-85 �J 0 fo be �.�e m :lion, ar e w. w,e. w.ee.iliil 1 Teem n.c..cu wmre4-r r er.• L re4Peiniere rer.rn ml.ue or kM.•,r d tee d.i. #35 #1 #72 #45 .S'#41-43 #66-68 #48 �F.p #62-64 #44 `r) , #40 #52-54 eQ a co #46 0 5Q #20 #31 T/ST #40-42 #18AI.k C,y • #16-24 #26-32 4.‘c,#15-25 - `� t9�,� yq '2;,\'?- #6-14 `S'` #5 P 42-4 J� 4O 2x11 5405 41 #24 '#11 #15 #21 #75 #28 #39#41-445 #13 r 0 #3Z : #40 i N ARSENAL ST 2� Printed on 03/05/2014 at 03:58 PM #49-59 #46•-72 ARSEN AL St #29-37 U -0,#43 � 0 it Ci �q #65 467 ci #8-20 41 _ #10-12 #75-79 it #14 0' #18 #22 43-5 484 -.r #96 #25 # 9#193 #89 #85 #81-83 v, #6-8 #13 #75 t{'Z , #10-12 #12 #9 4.A #14 #8 #11 ,� #22 #7 #13 7 A #24 #17tP m� #32 #8 #14 418 #76 411.13 #31 ARSENAL. ST ARSENAL ST #32 #34-36#42 #83-87 #48 #99 #1 #56 #s� 20 #1 Fire Fr eorto 1Peke Sktiwis J Sthe elt Pubic ▪ Libman rr Wocpd. 1;1 Cerarur 1y M ud.+ Cerro! I:. RiNn rw e..w oMew P arcels.01 OMss xe erp COLSx I c1 'y] Rnid.r3el -11 .73 Ln RFsid.r3e1.111 2 ©I educeyl-11 o l.durni.l -12 ▪ led umiel-13 O ca Cert 4lae dee1. Le d SIMMS- l3 Eill) S ,.d. «nr�.- 31x.. =Sind* F.mily- 310 =51%04 Fatuity- 35 o. =Si ng!. F 4mly Carveisi Fnriy • T O Opee Sp.[ ei Ca y4rvs AN Highways '.! !Margat e -,1/515%0.+,11 Toile Bands, s r, R UlSngi Tama 33 Mt Auburn Street Locator ?IS/dS1708IOZVEZ pa .4s u.ingnv1J4 cc