HomeMy Public PortalAboutSupporting StatementSUPPORTING STATEMENT FOR DETERMINATION & FINDING
UNDER SECTION 905 OF THE ZONING BYLAW:
195 Mt. Auburn Street Watertown, MASSACHUSETTS
I. PROJECT DESCRIPTION AND BACKGROUND
The site is located at 195 Mt. Auburn Street in an SC zoning district (the "Site").
The Site currently contains a building consisting of a 2.5-3 story Queen Anne/Colonial
Revival Victorian era house built circa 1893. The building is a mixed use with three
separate commercial tenant spaces on the ground and basement floors and a single
residential dwelling unit on the second and third floors. The Site has paved a driveway
and a detached garage. This project includes, among other things, preserving one of
existing commercial office on the first floor and adding one residential dwelling unit on
the ground and basement levels (the "Project"). The Site will contain 6 active parking
spaces and one shadow space as depicted on the attached plans.
The Site was used as a single-family dwelling until 1957, when the then -owner
sought and obtained a use variance pursuant to Section 6 of the Zoning Bylaw in
existence at that time to allow a portion of the dwelling to be used as a funeral home. In
1996, the then -owner applied to the ZBA for a Special Permit Finding pursuant to
Section 4.06(d) of the Zoning Ordinance to allow replacement of a nonconforming use, a
funeral home, with another nonconforming business office use, both of which are within
Section 5.01(3), the Business, Office and Consumer Service Uses of the Table of Uses of
the Zoning Ordinance. At that time, the Property was located within the SC (Single
Family Conversion) Zoning District. The ZBA granted the relief requested. The 1996
decision of the ZBA converted the funeral home into two commercial uses while
retaining the one residential unit on the second and third floors. One of those proposed
commercial uses was a real estate office. The real estate office remains in use to this day.
The ZBA decision also noted the existing parking on the site — a stacked configuration —
was existing and non -conforming and could be continued. The 1996 ZBA decision was
not appealed.
In 1998, the then -owner sought to amend the 1996 Special Permit Finding
decision to allow the basement to be used as a separate business office unit, such that the
Site would contain three commercial uses while retaining the residential unit on the
second and third floors. The ZBA granted the relief. The 1998 decision was not
appealed.
In 2016, the current owner/petitioner applied to the ZBA for a Special Permit
Finding under Section 4.06(a) of the Zoning Ordinance to replace two nonconforming
commercial uses - a massage/acupuncture business and The Writing Company — with one
commercial use as a Pilates Studio. The existing real estate office and one residential
unit on the second and third floors remained. This application also proposed the
demolition of an existing garage, which was dimensionally nonconforming with respect
to current setback requirements. The ZBA granted the requested relief. The 2016 ZBA
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decision was appealed and said appeal remains pending with the Land Court as Case No.
16 MISC 000124.
II. ZONING RELIEF SOUGHT
The Applicant is seeking a Special Permit pursuant to Section 905 of the WZO to
add a second residential dwelling unit on the first floor and basement under Section
5.01(b) of the WZO. The addition of the second residential unit will in place of two of
the three currently approved commercial uses. The Project would include continuation of
one of the approved existing commercial use on the first floor.
Parking at the Site will consist of four stacked spaces in the existing garage as
permitted by Section 6.02 (d), two tandem spaces in the driveway and the shadow space.
III. CRITERIA FOR APPROVAL OF SPECIAL PERMIT
Pursuant to Section 905 of the WZO, the special permit granting authority may
grant a Special Permit from the specific requirements of the WZO in cases where it finds
the following:
a) The specific site is an appropriate location for such use, structure or condition;
b) The use as developed will not adversely affect the neighborhood;
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
d) Adequate and appropriate facilities will be provided for the proper operation
of the proposed use.
IV. ANALYSIS
This Application satisfies the requirements under Section 905 for a special permit
to allow a second residential dwelling unit use in conjunction with the approved existing
commercial use in the SC zoning district as follows:
A. The specific site is an appropriate location for such use, structure or
condition:
The addition of a dwelling unit and the deletion of two commercial uses is
appropriate for the location the Site. The Site is situated in a residential neighborhood
and the addition of an additional unit will be consistent with the uses in the location. The
reduction of commercial uses in the neighborhood and addition of additional housing is
appropriate for the neighborhood. The existing approved commercial use has been in
place since 1957. Residential use has been an approved use at the Site and is consistent
with the neighborhood.
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B. The use as developed will not adversely affect the neighborhood:
The requested Special Permit will allow a development that is desirable to the
public convenience and welfare of the residents of Watertown. Section 5.01 (b) of the
WZO, which permits conversion of single dwelling units to two dwelling units is
intended to encourage the development of modern multifamily dwellings and mixed -use
projects that create street -level, sidewalk activity that responds to the social and
economic characteristics and needs of the present and future Watertown.
The Project proposes the addition of one residential unit and the continued use of
office space. The Site abuts a MBTA Bus Station and an eight (8) minute walk to nearby
Watertown Square, which has numerous restaurants, shops, a CVS, multiple banking
institutions, among other resources and amenities. Additionally, the Site is well -situated
for access to multiple schools, including Watertown High School.
According to Section 1 of the WZO, the purposes of the WZO include, among
other items, encouraging housing for all income levels and encouraging the most
appropriate use of the land. By renovating an existing building already harmonious with
the existing architectural context of Watertown and providing needed housing to the area,
the Project both benefits the public welfare and furthers the goals of both the WZO and
the Town of Watertown.
In addition, the Project will benefit the neighborhood by reducing the amount of
traffic in the area. The traffic activity associated with the current approved use of the Site
from three commercial spaces, one residential unit and 10 stacked parking spaces will be
substantially decreased by the addition of one residential unit and subtraction of two
commercial uses.
C. There will be no nuisance or serious hazard to vehicles or pedestrians:
Traffic from the Project will have minimal impact on area roadways and
intersections, in part due to the Site's immediate proximity to public transportation as
referenced above. Overall, the Project will have less traffic activity and result in
considerably less trips compared to the existing approved use by three commercial
tenants. Specifically, the Project will produce fewer daily vehicle trips, with fewer
weekday morning peak hour vehicle trips, and fewer weekday evening peak hour
vehicles trips when compared to those trips associated with the current approved use of
the Site.
The Project's immediate proximity to the MBTA Bus Station helps reduce
impacts of traffic congestion. Sidewalks exist in proximity to the Project and crosswalks
are present across Mt Auburn Street. Pedestrian signal phasing exists on Mt. Auburn
Street. The Project will also include the addition bicycle racks at the property. These
improvements and conditions are expected to encourage Project residents to utilize public
transport and to also walk to businesses and restaurants located in the area.
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C. Adequate and appropriate facilities will be provided for the proper
operation of the proposed use:
Based on the conversion of the two commercial uses to residential use, it is
anticipated the operation of the Site will have less of an impact on the neighborhood.
The existing garage will remain to provide for covered parking of four of the six vehicles
that are expected to be parked at the Site. The addition of one residential unit and
deletion of two commercial uses will inherently decrease the use of the driveway. The
reduction of parking spaces to six active spaces from the existing ten stacked spaces will
provide a better functioning parking facility. The decrease in foot traffic to and from the
Site as a result of the conversion will also provide a less impactful operation of the Site.
In addition, given the nature of the mixed use at the Site, the WZO authorizes the
ZBA to reduce the number of required spaces upon a showing that the combined peak
parking needs of all of he uses sharing the Site will, because of differences in peak hours
or days, be less than required by Section 6.01(b). Here, the commercial unit will have
peak parking hours during the day while the residential units would have peak parking
hours at night. Therefore the ZBA is permitted by Special Permit to reduce the required
parking count per Section 6.01 (f).
VI. CONCLUSION
As described above, the requested Special Permit to allow the addition of one
residential dwelling unit, deletion of two commercial uses and continuation of only one
commercial use meets the requirements of granting of Special Permits under Section 905
of the WZO. The Applicant therefore respectfully requests that the ZBA grant the
requested Special Permit, and make the required determination that the proposed
combination of uses will not be detrimental to the Project proposed or to the
neighborhood.
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