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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