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Home My Public Portal About30 Manley Way PB Decision_FINAL Decision to be Recorded with the South Middlesex Registry of Deeds by the Land Owner Page 1 of 6 Board Members: John B. Hawes, Jr., Chairman Jeffrey W. Brown Fergal Brennock Janet Buck Gary Shaw PLANNING BOARD DECISION On June 8, 2016, with four (4) members present, the Planning Board voted unanimously (4-0) to grant Smaranda Albeck/Boston Rhythmic a Special Permit for case # PB-2016-02 SP/SR. The following is this Planning Board’s Decision. Case Number: PB-2016-02 SP/SR Subject Property: 30 Manley Way (Formerly Seyon Street) in the Pleasant Street Corridor District Parcel ID: 806 1D 0 Zoning District: Pleasant Street Corridor District Petitioner(s): Smaranda Albeck, Boston Rhythmic Owner: Calare Properties, 43 Broad Street, Hudson, MA Zoning Relief Sought: Special Permit with Site Plan Review • §5.01.3(b)(2), New Construction or Conversion Greater than 4,000 square feet of Building Area Special Permit Granting Authority: Planning Board Site Plan Review Meeting(s): Waived – Only minor changes to the site Date of Staff Report: May 24, 2016 Staff Recommendation: Conditional Approval Planning Board Hearing: June 8, 2016 Planning Board Decision: (4-0) Conditional Approval Date Decision Filed with Town Clerk: June 22, 2016 30 Manley Way/PSCD PB-2016-02 SP/SR June 8, 2016 Decision Decision to be Recorded with the South Middlesex Registry of Deeds by the Land Owner Page 2 of 6 I. PUBLIC NOTICE (M.G.L. C. 40A, §11) A. Procedural Summary Petition PB-2016-02 SP/SR was heard in a public hearing before the Planning Board on June 8, 2016. As required by M.G.L. c. 40A, Sec.11 and the Watertown Zoning Ordinance, notice was given as follows: • Published in the newspaper of record (Watertown TAB) on May 20, 2016 and May 27, 2016 • Posted at the Town Administration Building and on the Town Website on May 20, 2016 • Mailed to Parties in Interest on May 20, 2016 B. Legal Notice Miranda Albeck, Manager, Boston Rhythmic, 30 Manley Way, Watertown, MA 02472 herein requests the Planning Board grant a Special Permit with Site Plan Review in accordance with §5.01.3(b)(2): Conversion Greater Than 4,000 Square Feet, to allow the conversion of 7,200 s.f. of existing warehouse space to gym space. PSCD (Pleasant Street Corridor District) Zoning District. PB-2016-02.” II. DESCRIPTION A. Site Characteristics The site contains a concrete block building which contains a warehouse previously used by Target, and now used by Saks Fifth Avenue, the Petitioner’s business, and the family entertainment center Launch, which offers indoor trampolines, an arcade and snack bar. Launch was approved through a Special Permit (Site Plan Review was waived) by the Planning Board in 2014. The existing site is entirely developed, consisting of buildings and parking areas, with small landscaped areas. B. Surrounding Land Use The project site is located immediately behind Watertown Ford of Pleasant Street, and adjacent to the BJs store that is located in Waltham. The Municipal boundary runs through the grassed strip between BJs and the parking area to the west of the subject building. The area is dominated by old mill and industrial buildings, and Stop & Shop, in Watertown to the south of Pleasant Street, as well as the BJs. To the east, there is a large residential development (Repton Place). In addition, Walker Pond is directly north of the site, and a small portion of the bordering pond bank is on this property. A recreational path is desired by the Town to create a complete loop around Walker Pond. C. Nature of the Request The Petitioner requested a Special Permit with Site Plan Review to approve already-completed interior-only renovation and refit of part of the building to convert approximately 7,200 square feet of warehouse use within the existing 94,268 square foot building to be used for a gymnastics facility. No changes are proposed to the site, parking layout, or grassed and landscaped areas. 30 Manley Way/PSCD PB-2016-02 SP/SR June 8, 2016 Decision Decision to be Recorded with the South Middlesex Registry of Deeds by the Land Owner Page 3 of 6 D. Relevant Permitting History According to Town records, Manley Way, formerly Seyon Street, was owned and operated by Raytheon as part of a larger building that was primarily in Waltham. In 2006, the Waltham portion and part of the building in Watertown was demolished. At that time, approvals were given by the Conservation Commission to construct the parking lot, which complied with zoning. As noted above, in 2014, the Planning Board approved a Special Permit for the interior-only retrofit/renovation of approximately 36,791 square feet inside the existing 94,268 square foot building for a family entertainment center offering indoor trampolines, an arcade and snack bar. This business is now operating as Launch. III. ANALYSIS AND FINDINGS A. Plan Consistency 1. Pleasant Street Corridor - Concept Plan and Implementation Study, 11/01/2007 • Create a mix of uses and construct appropriate development 2. Strategic Framework for Economic Development, 08/02/2011 • The vision identifies key aspirations such as a thriving business community in strategic locations in former industrial sites, owner-occupied business • Allowed uses include commercial recreation • Redevelopment/reuse of an existing structure supports Goal #3 by maintaining the tax base, and reflecting market realities 3. Comprehensive Plan, Approved 2015 • The Land Use Section states in part, “given that much of the new development along the corridor has been residential, revised zoning should specify that mixed use and commercial development nodes be incorporated within the district to better match the vision espoused in the 2007 Concept Plan for the corridor and refine how and where particular uses should be established.” B. Public Comments Prior to the hearing, and at the hearing before the Planning Board on June 8, 2016, no written or oral testimony was received on this Petition. C. Special Permit with Site Plan Review §5.01.3(b)(2), New Construction or Conversion Greater than 4,000 square feet of Building Area Projects must meet the four conditions of approval for a Special Permit set forth in §9.05(b), §9.07, and §9.08 of the WZO. In addition, the project is subject to the review procedures under §9.03 Site Plan Review of the WZO, in which the ten criteria listed in §9.03(c) must be evaluated. 30 Manley Way/PSCD PB-2016-02 SP/SR June 8, 2016 Decision Decision to be Recorded with the South Middlesex Registry of Deeds by the Land Owner Page 4 of 6 SPECIAL PERMIT CRITERIA §9.05(B) 1. The specific site is an appropriate location for such a use, structure, or condition. Met: The Planning Board finds that the development proposal is an appropriate use. Other than creating spaces for a reception area and three training spaces, no changes will be made to the site or the building’s exterior. 2. The use as developed will not adversely affect the neighborhood. Met: The Planning Board finds that the proposed interior-only renovation will not affect the neighborhood as neither the exterior of the building nor the site design will be changed. The site has a small portion of Walker Pond located to the north of the building. 3. There will be no nuisance or serious hazard to vehicles and pedestrians. Met: The Planning Board finds that the portion of the building which the Petitioner proposes to repurpose warehouse space for the gymnastics use. As such, the site already experiences truck and vehicle traffic. The Planning Board finds that the Parking Analysis submitted by the Petitioner is based on the gymnastics use with the remainder of the structure continuing to be used as a warehouse or for the Launch family arcade. This analysis indicates the site has more than the required number of parking spaces required by WZO for the three combined uses. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Conditionally Met: The proposal will be required to meet all building, health, and safety requirements. The Planning Board finds it is appropriate to require that two bicycle parking space (one rack) is required to be installed based on the 18 automobile parking spaces attributed to the Petitioner’s use. (Per §6.07(a)(1) – 1 bicycle parking space/15 automobile parking spaces) SITE PLAN REVIEW CRITERIA §9.03 (C) Section 9.03 states in the preamble that “[S]ite Plan Review shall be used to judge the appropriateness and impacts of the site development characteristics of a proposed development.” Given the minimal impact to the exterior and no changes to the site plan, and the intent expressed in the preamble of §9.03, the Planning Board determined that a formal Site Plan Review was not necessary. Specifically, no criteria are applicable to this application. IV. BOARD FINDINGS: Based on the finding that the proposed project meets the criteria set forth in §9.05 and with the general purpose of the Ordinance outlined in §1.00 of the WZO, the Planning Board voted (4-0) that a Special Permit be granted with the following conditions: 30 Manley Way/PSCD PB-2016-02 SP/SR June 8, 2016 Decision Decision to be Recorded with the South Middlesex Registry of Deeds by the Land Owner Page 5 of 6 # Condition Timeframe for Compliance To be Verified by 1. Control Documents. This approval is based upon the application materials and the Control Documents titled: 1. ALTA/ACSM Land Title Survey, 20 Seyon Street/625 Pleasant Street, Watertown, MA. Feldman Professional Land Surveys, 11/22/13. Stamped by Karl A. McCarthy, Professional Land Surveyor. 2. Parking and Traffic Control Plan, Sheet C-3B, dated 4/20/2006, by RJ O’Connell & Associates, Inc., showing exterior parking and landscaping strip between subject property and abutting property to the West, and municipal boundary. 3. Schematic of interior of the site used by Boston Rhythmic, indicating the front of the building and main entrance. Interior spaces labeled as Training Area 1, Training Area 2, Training Area 3, and Reception. Also shows break room, bathrooms, storage room, sprinkler room and a utility room. Undated. Received by DCDP on 5/10/15. Perpetual ZEO/ISD 2. Plan Modifications. Neither the Petitioners 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 interior floor plans that do not change the layout beyond the area to be used in connection with this approval 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. BP ZEO/ISD 3. Recordation. Upon application for a Final Certificate of Use/Occupancy, the Petitioners shall provide evidence to the Zoning Enforcement Officer that this entire decision has been filed with the Registry of Deeds, and/or Land Court. CO ZEO 4. Codes/Regulation Compliance. The Petitioners 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 7. Signage. No signs shall be permitted except those that meet the signage requirements in Article VII of the WZO, and those shall be subject to a separate review and permit process. Perpetual Planning 8. 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 9. Bicycle Parking. One rack for Bicycle Parking (Inverted U or Ring & Post style) shall be installed near the main entrance of the business. BP ZEO 30 Manley Way/PSCD PB-2016-02 SP/SR June 8, 2016 Decision Decision to be Recorded with the South Middlesex Registry of Deeds by the Land Owner Page 6 of 6 Petition # PB-2016-02-SP/SR IS APROVED by the vote (4-0) of the Planning Board. The Planning Board: John Hawes, Chair Jeffrey W. Brown Fergal Brennock Janet Buck (Absent) Gary Shaw Attest, by the Head Clerk to the Planning Board: _______________________________ Ingrid E. Marchesano THE COMMONWEALTH OF MASSACHUSETTS Certificate of Granting (General Laws Chapter 40A, Section 11) The Planning Board calls to the attention of the Owner or Petitioner that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no Variance, Special Permit, Special Permit Finding or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty days have lapsed after the decision has been filed in the office of the Town Clerk, and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The Owner or Petitioner shall pay the fee for such recording or registering. Twenty days have elapsed and no appeal has been filed or that if such appeal has been filed, that it has been dismissed or denied. Attest, by the Town Clerk: ___________________________ Date: _____________ Decision to be recorded by Land Owner