HomeMy Public PortalAboutStatementCOMMONWEALTH OF MASSACHUSETTS
TOWN OF WATERTOWN
ZONING BOARD OF APPEALS
IN THE MATTER OF 36 ARLINGTON STREET LLC )
STATEMENT IN SUPPORT OF APPLICATION FOR )
SPECIAL PERMIT WITH SITE PLAN REVIEW (SP/SR) )
PROPERTY LOCATED AT: 36 ARLINGTON STREET,)
WATERTOWN, MA )
36 ARLINGTON STREET LLC (36 Arlington Street), applicant for
zoning approvals in connection with a new special permit for the
site, submits the following statement in support of special permit
with site plan review (SP/SR).
I. STATEMENT OF FACTS
A. THE SITE
The site is the former Super Fitness health and fitness site located
near the intersection of Arlington and Arsenal streets 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 square footage 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). 1
1 See Watertown Comprehensive Plan adopted June23, 2015 at pp.17-19.
The vision for the Arsenal Street corridor is to transform it from its
heavily industrial antecedents into a "dynamic mixed -use corridor...." To
1
B. EXISTING SPECIAL PERMIT
The site is currently subject to the original and amended special
permit provisions of the former Super Fitness health and fitness
operation. The parking study submitted by Super Fitness at the
time the original special permit was granted calculated the parking
demand for its more intensive health & fitness 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 referred to hereafter as "the Super
Fitness special permit."
B. THE PROJECT
The applicant has had a long, difficult and expensive time
extending over several years finding suitable tenant(s) to fill the
second floor space (approximately 22,900 s.f.-- 22,500 s.f. above
the Gymlt gym/health facility in conjunction with a 400 s.f. loading
dock below); and the other first floor tenant, Boston Sports
Medicine (a physical therapy business which utilizes the fitness
equipment of Gymlt for treatment of its patients). Several potential
achieve that goal the Comprehensive Plan recommends that "the parking
standards should be updated to reflect any new uses allowed within the
district as well as to consider updated provisions and requirements for
shared parking and potential reductions for transportation demand
management (TMD) measures employed to reduce auto uses."
2
tenancies fell apart prior to approval of a new special permit
predicated on their occupancy, including multiple medical
marijuana dispensaries; a commercial bakery, commissary and
cafe; and most recently a high tech laboratory use.
Because the Super Fitness special permit is, and has been for many
years, obsolete relative to existing conditions after Gymlt replaced
Super Fitness, it is essential for zoning purposes to approve a new,
appropriately tailored special permit which reflects the current site
conditions, pending actual tenants for the second floor space.
To that end the present application for SP/SR assumes the
remaining 22,900 s.f. such space for lease can be any of the
commercial, retail, office, light industrial, etc. uses allowed in
RUMD. This unfilled space will hereinafter be referred to as
"Flexible Space": and this zoning application calculates the parking
requirements and demands based on the actual parking demands
and requirements for the existing Gymlt and Boston Sports
Medicine uses and occupancies, in conjunction with a mid -range
parking requirement for the RUMD of 1 space per 400 s.f. of gross
floor area of the Flexible Space; and takes advantage of the 25%
parking reduction permitted by special permit under W.Z.O.
§6.01(f), by demonstrating a reduced demand for automobile
parking by dovetailing of the parking demands of the different uses
and tenancies sharing the parking spaces; and/or encouragement
of cycling, walking, car sharing and use of public transit," the
number of spaces needed will be less than the number generally
required under the ordinance, W.Z.O. §6.01(b).
Of note is that there is virtually no reconstruction of the building
associated with the proposed new special permit per se; and de
minimis changes to the site itself. Substantially all of the changes
relate to restriping of the parking areas to maximize the available
3
conforming spaces on -site; and when leased, the interior buiid-out
of the Flexible Space for lease on the second floor.
C. TRAFFIC AND PARKING. The Traffic & Parking Memo is
expected to demonstrate the the following key findings and
conclusions:
PARKING DEMAND AND CAPACITY
1. The total gross floor area for the Flexible Space uses,
including the loading dock area assigned to it, is 22,900 s.f.
2. The Gymlt 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(b], the combined elements of the Flexible
Space in conjunction with the parking requirements for the first
floor uses of Gymlt and Boston Sports Medicine, would require
113.5 spaces under the ordinance. However, the Traffic & Parking
Memo will specify that the requested 25% reduction by special
permit can be justified and supported by: (i) the dovetailing of the
different peak parking demand days and hours of the mix of uses;
and/or (ii) the substantial public transportation advantages of the
site by way of MBTA bus service in close proximity; and/or (iii) by a
percentage of customers/clientele of certain RUMD allowed uses
who are likely to walk or bicycle to the site rather than use a car).
5. The existing on -site parking capacity is 83 spaces,
consisting of 56 spaces in the rear parking lot and an additional 27
spaces along Arsenal Street in the front;
6. The proposed restriping plan submitted at the Developer's
Conference (in connection with a prior submission project that fell
4
through) would have resulted in a total of 86 spaces. However, as
a result of safety issues raised at the Developer's Conference
concerning the restriping plan the following changes have been
made to this submission:
a) The parking space parallel to the concrete entry ramp
has been removed. In its place, green space has been added.
Curbing has been added in front of this green space.
b) The parking space directly behind the fire hydrant on
Arlington Street has been removed. This area has been replaced by
a no -parking hatching designation. Bollards have been added to
the fire hydrant to protect it from vehicular traffic.
c) The total number of proposed on -site parking spaces
has been reduced from 86 to 85 spaces total, with 8 compact and 4
handicap (i.e., increased by 2 spaces over the existing 83 spaces).
7. 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 currently existing 83 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 existing spaces, but still less than capacity.
8. Despite the fact that the actual parking counts suggest
that on -site capacity at approximately 83 spaces would be
adequate, as a result of the restriping plan the on -site capacity will
be 85 spaces, equal to the number which can be allowed by special
permit reduction.
TRAFFIC IMPACTS
1. The VHB Traffic & Parking Memo will demonstrate that the
combined traffic impacts of the Flexible Space in conjunction with
the existing uses will have negligible effects on the relevant
intersections Level of Service (LOS)], or on the surrounding
5
neighborhood streets.
C. ZONING RELIEF
The proposed project requires zoning relief by replacement of the
existing Super Fitness special permit in conjunction with site plan
review as specified below. No variance relief is required.
1. Existing Uses. The existing uses are allowed of right in the
RUMD. Gymlt: (health and finess facility). W.Z.O. §5.01(3)(b);
Boston Sports Medicine: (medical office use). W.Z.O. §5.01(3)(a). No
new construction or conversion is proposed as to them, so there is
no zoning relief required as to those uses and occupancies apart
from the de minimis parking restriping, etc.
2. Flexible Space Uses. For purposes of approval of the new
special permit it is assumed that the Flexible Space uses which will
occupy the remaining 22,900 s.f. will be allowed by right in the
RMUD zone apart from the SP/SR required for such uses that
exceed 4,000 s.f. If that is not the case those new tenants/uses
will have to file separately for zoning relief to approve their
occupancy. The zoning relief for of more than 4,000 s.f., which on
its own would require a special permit with site plan review
(SP/SPR) for the Flexible Space, is subsumed in this zoning
application by 36 Arlington for a new special permit with site plan
review.
3. Parking Reduction. For the reasons discussed under
Section I(C) with respect to traffic and parking, the parking capacity
with the proposed reduction by special permit to 85 spaces is
adequate and justified, and the traffic impacts (car trips in and out
daily, especially at peak hours will have negligible effects on the
relevant intersections [Level of Service (LOS)] or on the surrounding
6
neighborhood streets.
I1. §9.05 CONDITIONS FOR GRANT OF AMENDMENT OF SPECIAL
PERMIT
The conditions for grant of the new special permit under the
circumstances of this case are as follows:
A. The Specific Site is an Appropriate Location for Such a
Use, Structure or Condition
For the reasons and authorities cited in Section I(C)(a) above, all of
the uses including the new assumed generic commercial/retail uses
are allowed of right in the RMUD zone.
B. The Use as Developed Will Not Adversely Affect the
Neighborhood
Two of the tenants (Gymlt and Boston Sports Medicine) are allowed
of right in the RMUD zone and have been preexisting for long
periods of time in the neighborhood, so there is no potential to
adversely affect the neighborhood. The Flexible Space uses are
assumed to be allowed of right and compatible with the RMUD
zone and the Comprehensive Plan's vision for it. The Zoning
Enforcement Officer and Building Inspector will be in a position to
verify that when building permits are applied for building out the
interior of those tenant spaces.
There is no proposed reconstruction of the building; only
subsequent interior renovations for the Flexible Space uses and
occupancy of the second floor of the building.
C. There Will be No Nuisance or Serious Hazard to
Vehicles or Pedestrians
The project as specified provides adequate conforming parking for
7
all of proposed tenancies, existing and Flexible Space.
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 CRITERIA
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.
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. A landscape bed will be added near the entrance to the
bakery.
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.
8
The current building footprint is not being modified. The existing
site is to be unaltered except for the proposed restriping and
related changes as previously noted.
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 for the restriping and related
changes as previously noted, and the addition of a landscape bed
as previously noted.
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. The adequacy of fire truck access has been specifically
addressed in response to the fire department's Developer's
Conference request.
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
9
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 the following:
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.
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
10
would contribute to 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) of the 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
11
which have the capacity to adversely affect 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 a new
special permit pursuant to W.Z.O., §9.05(b).
2. The Project satisfies all of the conditions under W.Z.O. §6.01(f)
for a 25% reduction in required parking spaces.
3. 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
Planning Board to recommend approval of the new special permit
and the Zoning Board of Appeals to grant the same.
Dated: April 10, 2018
t"Lr A.( L
Stephen M. Winnick, q.
Attorney for 36 Art. gton Street LLC
Winnick & Sulliva LLP
134 Main Street
Watertown, MA 02172
(617) 926-9200
FAX (617) 923-4575
Email: winvictus@winnlaw.com
12