Loading...
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 1 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. 2 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. 3 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. 4