HomeMy Public PortalAbout101-103 Morse_Staff Report_FINALTown of Watertown
Department of
Community Development and Planning
STAFF REPORT
This Staff Report is a technical analysis of the submitted application material and the required findings of
the Watertown Zoning Ordinance. It is based only upon information submitted prior to the public
hearing and may be revised or updated with new recommendations, findings and/or conditions as new
information is obtained by Planning Staff during the public hearing process.
CASE #: ZBA-2019-18 SPF
SUBJECT PROPERTY: 101-103 Morse Street
PARCELID#: 116 8 45
ZONING DISTRICT: T (Two -Family) Zoning District
OWNER/PETITIONER: Mouhab Rizkallah, Owner, LaCourt Affordable Trust
LLC, 30 College Avenue, Somerville, MA 02144
ZONING RELIEF SOUGHT:
Special Permit Finding - §4.06(a): Change from one
non -conforming use to another non -conforming
use; Subject to §5.07
SPECIAL PERMIT GRANTING AUTHORITY: Zoning Board of Appeals
DATE OF STAFF REPORT: August 7, 2019
STAFF RECOMMENDATION: Conditional Approval
DATE OF PLANNING BOARD MEETING: Scheduled August 14, 2019
DATE OF ZBA HEARING: Scheduled August 24, 2019
101-103 Morse Street
ZBA-2019-18 (SPF)
August 7, 2019
Staff Report
I. PUBLIC NOTICE (M.G.L. c. 40A, §11)
A. Procedural Summary
Petition ZBA-2019-18 (SPF) is scheduled to be heard by the Planning Board on August 14, 2019, and
is scheduled to be heard by the Zoning Board of Appeals on August 28, 2019. As required by M.G.L.
c. 40A, sec.11 and the Watertown Zoning Ordinance, notice will be given as follows:
• Publish in the newspaper of record (Watertown Tab) on August 9, 2019 & August 16, 2019;
• Post at the Town Administration Building on July 31, 2019;
• Mail to Parties of Interest on July 31, 2019.
B. Legal Notice
Mouhab Rizkallah, Owner, LaCourt Affordable Trust LLC, 30 College Avenue, Somerville, MA 02144,
requests the Zoning Board of Appeals grant a Special Permit Finding in accordance with Watertown
Zoning Ordinance §4.06(a), Alterations to Non -Conforming Uses, to allow conversion to 37 units and
associated site improvements. Located in the T (Two -Family) Zoning District. ZBA-2019-18
SITE PHOTOS — DESCRIPTION BELOW PHOTOS
Subject property showing driveway entrance
View from closest residential abutter
Looking back at the building from the Storyville
Preschool on Union Street
Courtyard access from Morse Street
Page 2 of 13
101-103 Morse Street
ZBA-2019-18 (SPF)
August 7, 2019
Staff Report
II. DESCRIPTION
A. Site Characteristics
The subject property is a 30,590 square foot irregularly shaped lot (0.702 acres) with a four-story 32,500
square foot structure and an attached two-story structure. The structure is currently largely vacant,
with the most recent tenancies being the Cortiva Institute, a massage school, offices, fitness/wellness
center, and a caterer. The structure is non -conforming with regards to the parking, Front, Rear and Side
Yard setbacks, and height/half-story. In 2002, site improvements were permitted that increased the
onsite parking from 29 to 47 spaces. The property abuts Town -owned land, known as Capitol Street,
and which since November 2002 had cross -easements that allowed the commercial uses in the building
and neighborhood residents to park cars there. The Capitol Street area provides 15 additional parking
spaces, for a total of 62 (47+15). An Access and Parking Cross -Easement Agreement between the prior
site owner and the Town has since lapsed. The site has been in commercial use since approximately
1906.
B. Surrounding Land Use
Casey Park abuts the site to the rear. Across Morse Street from the site is Boyd Park, which is owned by
the City of Newton. The neighborhood around the site, on Morse, Boyd, Aldrich, Jackson and Union
Streets, is a mix of one, two and multi -family dwellings. Immediately adjacent to the site, on Union
Street, is the Storyville Preschool.
C. Nature of the Request
The Petitioner requests a Special Permit Finding from the Zoning Board of Appeals to change the use
from the existing non -conforming use to another non -conforming use (Residential/Multi-Family 4+) in
an existing building. The project will maintain the existing structure with no change to the dimensional
and setback non -conformities. The conversion to 37 residential units is subject to Watertown's
Inclusionary Affordable Housing requirements.
D. Public Comments
The Petitioner held an informational meeting with the neighborhood on June 24, 2019. A copy of the
Petitioner's summary of this meeting has been distributed to the Board. The following is a summary of
the meeting comments: encroachments, site lines, snow management, green space, parking
management, public transportation, off site parking, traffic and uber/lyft, deliveries, transient use,
decreased property values.
At the time of this report, no additional public comments have been received by the Department of
Community Development and Planning
E. Relevant Permitting History
TOWN: According to Town records, 101-103 Morse Street has the following relevant permitting history:
101 Morse:
• 1905: Appears on Assessor's Records
• 1905: First documented Building Permit granted for a 24 ft x 60 ft x 22 ft building
• 1906 to 1988: Building Permits granted for various additions, out buildings, storage sheds,
interior and exterior alterations
Page 3 of 13
101-103 Morse Street
ZBA-2019-18 (SPF)
August 7, 2019
Staff Report
103 Morse:
• 1993 to 2007: Building Permits granted for interior alterations, new siding, new (additional)
bathrooms, installation of an elevator, and signage for the former Cortiva Institute, Boston
ZBA-V-79-80-5: 103 Morse Street: Use Variance to allow a Change of Use of approximately 400 square
feet at 103 Morse Street to be used as a food preparation area for an itinerant chef service.
• Conditions: Provide garbage disposal; number of cars associated with this use limited to two.
ZBA-SPF-01-18: 103 Morse Street: Special Permit Finding to reconfigure the basement and to construct
an infill addition on the first, second and third floors to create a lobby space, construct a stairway and
install an elevator.
• Conditions: Specific Control Plans; dumpster to be enclosed by a fence; specific parking plan;
Maintain the conditions of the Variance
ZBA-ASPF-02-42: 103 Morse Street: Amendment to Special Permit Finding (01-18), to enlarge rear
additions of the main entrance by adding 138 square feet on the second and third floors; construct
disabled -accessible bathrooms on the second and third floors; modify roofline to continue Mansard
• Conditions: Specific Control Plans; Require the upgrade of unimproved area of Capitol Street (a
paper street); Creation of cross easements and an Access and Parking Cross -Easement
Agreement between the Petitioner and the Town to allow the commercial use to park on the
area of Capitol Street, and public parking; Maintain conditions of the Variance
ZBA-SP/SPF-04-18: 103 Morse Street: Special Permit/Special Permit Finding to allow use and occupancy
of 19,000 square feet of floor area for use by the Muscular Therapy Institute (MTI) of massage therapy.
Codified amount of parking at 62 spaces (47 on site + 15 via cross -easement on Capitol Street)
• Conditions: Specific Control Plans; Comply with separate signage review; Petitioner to provide
at all times a minimum of 55 off -site parking spaces for school students and staff; Petitioner to
comply at all times with the open air parking space license issued for off -site parking locations at
the Hibernian Club (25 spaces) and Knights of Columbus (30 spaces); Coordinate the formation
of a Neighborhood Advisory Group to review and discuss issues impacting the neighborhood
created by the MTI's use; Specific hours of operation; Restrictions on class sizes and number of
instructors; 6 -month compliance review by ZBA
ZBA-SP/SPF-04-18 Temporary Modification: Temporary modification to allow Cortiva Muscular Therapy
Institute, formerly MTI, to have two groups of students in July and August of 2006, exceeding the
student cap which was a condition of the 2004 SP/SPF.
ZBA-Amend SP/SPF-06-59: 103 Morse Street: Amend SP/SPF 04-18 to allow vocational classes in July
and August, excluding Sundays; allow evening classes on Mondays; allow continuing educational courses
in September to June on two Sundays a month; increase from 3 to 6 professional massage therapists on
Sundays from Noon to 5:00 PM
• Conditions: Updated Control Plans; Specific conditions on Sunday operations; Continuation of
Variance conditions; Continued participation in Neighborhood Association recommended
A Petitioner also filed for a Special Permit Finding in 2017 and again in 2018, but chose to withdraw
before the ZBA review was completed.
Page 4 of 13
101-103 Morse Street
ZBA-2019-18 (SPF)
August 7, 2019
Staff Report
The DCDP staff recommends that the prior permits can be nullified.
STATE
As of May 7, 2013, the site has been involved in the Massachusetts Department of Environmental
Protection (MA DEP) supervised remediation of a release of tetrachloroethylene. Documents
electronically on file with the MA DEP indicate there is a 9/15/16 Activity Use Limitation (AUL) on the
site. The Petitioner's Plan Set describes how the AUL has been amended, to apply to only the building,
and describes a proposal to install a soil vapor mitigation system. DCDP staff note that this issue will be
reviewed by the DEP under a separate permit process.
111. FINDINGS
A. Plan Consistency
Watertown's 2015 Comprehensive Plan discusses preservation of the Town's neighborhoods, and the
conversion of a historic building used for commercial/retail use to a residential use in the Two Family
zone, although a multi -unit apartment building, the reuse of the existing building is more in keeping
with the character of the surrounding neighborhood.
B. Special Permit Finding §4.06(a)
In accordance with Section 4.06(a), pre-existing non -conforming structures or buildings may be
extended or altered provided that the Board makes the finding under §4.06(a) that "such change,
extension or alteration shall not be substantially more detrimental than the existing non -conforming
use, structure or building to the neighborhood."
Conditionally Met: The number of proposed rental units is 37.
Parking Demand
In terms of onsite parking, in 2004, the site was legally non -conforming for parking. The owner/operator
of the Cortiva School requested relief under §6.01(f) to allow a reduction in parking because "the
combined parking needs of all uses sharing the lot will, because of differences in peak hours of days, be
less than required by §6.01(b)."The 2004 decision makes clear that the leased parking at the Hibernian
Hall and Knights of Columbus (55 spaces, combined), a parking plan with student vehicle stickers and a
program to fine students who parked at the site (47 spaces + 15 on Capitol Street) were persuading
factors to the Zoning Board of Appeals in granting the prior permit.
The proposed residential use, which is classified as Multi -Family, §6.01(b), if it was an allowed use,
would require 49 spaces for a site with 37 units. Under the scenario of a new housing project, the a site
could request fewer spaces up to a 25% reduction by showing that the parking demand (per§6.01(f)) is
less because of location and amenities. Under this hypothetical scenario, the parking demand would be
37 spaces. The Site Plan indicates there are 41 spaces (40 actual + 1 shadow space) available for
exclusive use by the apartment building, not including the municipal spaces to the rear of the site.
Therefore, the site will have at least one spot per proposed unit and 4 extra spaces which is in -keeping
with the ordinance for new -construction of residential.
As noted above, the test for a SPF is that the proposed Change of Use shall not be substantially more
detrimental than the existing non -conforming use, structure or building to the neighborhood."
Transportation and parking impacts are part of gauging the impact of the Change in Use. The Traffic and
Transportation Analysis included in the Application (VHB, David Black, CE, dated 7/9/19) provides a
Page 5 of 13
101-103 Morse Street
ZBA-2019-18 (SPF)
August 7, 2019
Staff Report
parking analysis, and determines the project as proposed meets Zoning requirements. It also provides
an analysis of public transportation opportunities, noting that the site is within a short walking time to
Watertown Yard, Watertown Square, and Newton Corner, all of which provide connections to MBTA bus
services.
Given this analysis, the proposed apartments are more conforming to the parking requirements than the
prior office/commercial uses. A residential use is also generally more predictable than
commercial/office space, because customer parking can fluctuate. The proposed parking will ensure
that there is a space available for each unit and additional spaces for overflow guest parking without a
need for any of the adjacent municipal spaces. There is also new evidence that the demand for parking
continues to decrease in residential projects, as was identified within other larger -scale apartment
developments in the recent MAPC Perfect Fit parking study within Watertown and the region.
Trip Generation
VHB's Memo compares the current/previous uses on the site with the proposed 37 residential rental
apartments. The analysis indicates that generally, there could be a significant reduction in projected
trips of all types (daily, weekday peak hour, and evening peak hour). Specifically, daily vehicle trips are
projected to decrease by approximately 230% percent from 457 to 197 trips. The weekday peak hour
vehicle trips are projected to decrease by approximately 340% from 44 to 13 trips during the morning
peak hour. The evening peak hour is projected to decrease by approximately 300% from 45 to 15 trips.
The project was reviewed by Town staff at a Developers' Conference held on 6/25/19. No new
comments were received from the Watertown Police Department on the project. However, the WPD
commented in 2017 on the issue of trip generation concerning a prior iteration of the project. The
Department's comments noted that it "does not appear that a residential structure will have a major
impact on the neighborhood."
Transportation Demand Management Plan
The VHB Memo also provides details of a proposed TDM program. Per Watertown's Ordinance and
TDM Regulations, this project is not required to have a TDM program but in order to ensure that parking
management is completed and to have reasonable monitoring completed, it should be a condition that a
TDM program be provided. The proposed program includes unbundling of spaces from units, a $50
MBTA Charlie Card for new adult renters as an incentive to become familiar with public transportation,
potential for a designated "car share" parking space, wayfinding signage in the lobby, a Welcome
Package on public transit services for new renters, and a management staff person to coordinate
resident car-pooling. The project should have a condition to implement a parking monitoring program
as part of a TDM program, to help address parking management on and off site.
Site Design
Site design concerns were expressed by the Department of Public Works (DPW) in a June 25, 2019
Memo from Matthew Shuman, Town Engineer, as part of the Developers Conference. The comments
noted "The truck turn template suggests that the driveway apron is not wide enough to permit a truck to
enter without encroaching on the sidewalk. Does the Applicant propose to widen the apron? The
template also conflicts with the landscaped island. The template only shows truck egress onto Morse
Street eastbound." The Petitioner's Plan Set (8/6/19) indicates a 22 -foot wide entrance at the existing
ramp, 2 feet wider than the existing condition. The sheet labeled Access Plan by FSL Associates (8/6/19)
shows a vehicle template. The Petitioner also states in an 8/6/19 Email to DCDP staff that the project
"Civil Engineer has satisfied Fire Prevention by showing that a turn -around on the lot is not required (as
Page 6 of 13
101-103 Morse Street
ZBA-2019-18 (SPF)
August 7, 2019
Staff Report
Per 2015 NFPA-1 Chapter 18). Our design allows them to back out according to the code." The
Petitioner also notes that the "code does not even require us to have a fire lane on the property at all, so
we are well -exceeding the code requirements on this." The project plans also indicate that an existing
fire hydrant will be moved. The relocation of fire hydrants is subject to review and approval by the
Town, and will be conditioned to require Department of Public Works and Fire Department approval.
The Commission on Disability representative, Mr. John Hawes, noted the proposed project appears
accessible overall. He noted that 2 of the proposed 37 rental units should be accessible. Mr. Hawes
also commented that the accessible units should be varied, and as close to the elevator as possible, and
passing through corridor doors should be minimized, and going through stair doors should be avoided.
He also noted that the accessible parking for the building is well placed, and suggested an additional
space might be considered in the Town parking area for use by people in Casey Park.
The Petitioner provided draft signage for the site and the additional area owned by Watertown relative
to parking and towing. Staff notes that signage for parking in the public Right -of -Way on the site will be
discussed with DCDP staff post -approval and/or be part of the Easement. Other site signage will be
subject to a separate review under Article VII of the WZO.
Some site landscaping is to be retained, and updated. The site should retain the existing trees where
feasible, and include new trees/other plantings at the front on Morse Street where necessary, rather
than the proposed Landscape Plan which calls for replacing all trees on that street frontage. The
Landscape Plan should be updated to retain the mature trees on Morse Street where feasible, subject to
a review by DCDP and the Forestry Supervisor/Tree Warden.
The Site Plans and Landscaping Plan (8/6/19) show the various exterior bicycle rack locations. Sheet A-
901 (3-D image) indicates the bicycle rack towards the front of the site, by the trash area, will be
covered by a Pergola which will also screen the trash enclosure. Sheet A-200 (West Elevation) indicates
the style of exterior bicycle rack to be used will conform to Watertown's requirements (see sheet note).
Utilities and Stormwater
DPW indicated that prior to a Building Permit a final utility plan be submitted for review and approval.
Stormwater operations and maintenance plan details would need final review and approval. Lastly,
curbing and sidewalk would need to be reviewed for replacement along the frontage.
Mr. Shuman's Memo also noted that the Sanitary Assessment (done by FSL on 4/2/17) is subject to
further review by the Town, and that as with other projects, the Petitioner will be required to remove
inflow/infiltration in accordance with Town requirements. The project has been conditioned to require
final review/approval of the stormwater management system by the Department of Public Works.
Capitol Street/Town-Owned Land
The paper street/ROW to the rear of the site with 15 parking spaces is only accessed through the site.
The area is also used for site circulation. A previous Access and Parking Cross -Easement Agreement
between the prior site owner and the Town is lapsed and needs to be accepted by the Town Council and
the property owner.
The terms of a new Access/Cross-Easement Agreement between the Town Council and the property
owner need to be mutually agreed to and finalized to allow reciprocal use of the two sites. Without this
agreement in place, there are barriers to redeveloping the site effectively. Key considerations for the
Town include:
Page 7 of 13
101-103 Morse Street
ZBA-2019-18 (SPF)
August 7, 2019
Staff Report
1. ensure vehicle and pedestrian access across and between the two sites
2. include a permanent maintenance and access easement for municipal utilities existing through
the site
3. Allows access to for use of the municipal land for park use and overnight winter parking
4. Allows access, circulation, and general residential use of the 15 parking spaces by the adjacent
property for visitor parking.
Based on this, a condition is necessary for a cross -access Easement which can facilitate cross -property
vehicle and pedestrian access for onsite circulation and access by residents. Final details of and required
documentation for the Easement is to be finalized between the Petitioner and the Town prior to
obtaining a building permit. A draft easement is currently under review.
AFFORDABLE HOUSING
§5.07 Affordable Housing Requirements
Projects which create 20 or more rental units must provide no less than 5% of the total units at 65%
Area Median Income (AMI) and 10% of the total units at 80% AMI for a total of 15% affordable units.
The proposed project will provide 37 rental housing units and so the Petitioner has proposed six (6)
affordable onsite units, which is one more affordable unit than required by the WZO. In terms of the
income allocation, one (1) unit will be offered at 65% AMI, and five (5) will be offered at 80% AMI.
Because the project will have onsite affordable rentals, the Petitioner is required [§5.07(h)(4)] to
prepare and file a Local Action Unit application under the State's Local Initiative Program and comply
with all the requirements of the State Department of Housing and Community Development (DHCD) in
order for the affordable units to be included on the Subsidized Housing Inventory, which includes the
development of a regulatory agreement, an affirmative marketing plan, and all required monitoring and
reporting requirements.
The Housing Partnership reviewed the Petitioner's proposal at its June meeting, and recommends that
the Petitioner's proposal meets requirements of Section 5.07 with the following initial unit allocation:
• Studio: 208
• 1 -Bed: 305
• 2 -Bed: G3, 203, 303, 311
• Unit 203 shall be disabled -accessible
1. Affordable units shall be proportionately distributed throughout the building in a covered
development.
Conditionally Met. The Petitioner will provide six (6) total affordable units. The unit mix as
recommended by the WHP is proportional, and the affordable units are spread throughout the
residential building. Per the DHCD Local Initiative Program requirements, all affordable units shall be
"floating", and comparable units would be made available in the event that the originally designated
affordable units are not available for subsequent lease ups.
2. Affordable units shall be indistinguishable from market -rate units in exterior building materials and
finishes; overall construction quality; and energy efficiency, including mechanical equipment and
Page 8 of 13
101-103 Morse Street
ZBA-2019-18 (SPF)
August 7, 2019
Staff Report
plumbing, insulation, windows, and heating and cooling systems, as determined by the Building
Inspector.
Conditionally Met. The affordable units will be indistinguishable from the market rate units.
3. Affordable units may differ from market -rate units in type of appliances, finishes; however, the
affordable units shall be comparable to the base market -rate units in such instances.
Conditionally Met. The affordable units will not differ from the market rate units in terms of the interior
finishes.
4. Affordable units shall have the same floor area as the median market -rate units of the same
number of bedrooms within a margin of 20%; provided that units are not less than the minimum
square footage required by DHCD.
Conditionally Met. Of the initially designated affordable units, only 2 are smaller than the DHCD
minimum unit size (900 sqft) for the particular bedroom count. The majority of the units are smaller
than DHCD minimum sizes. However, because the project is a conversion of an existing structure, the
majority of the units are undersized, and meet the other criteria, the WHP recommends the Planning
Board accept the affordable units. DHCD had previously indicated as part of the 2017 Town review that
undersized units would count towards the Subsidized Housing Inventory.
5. The bedroom mix in the affordable units shall be proportionate to the market -rate units, unless the
SPGA authorizes a different mix by special permit upon the recommendation of the WHP.
Conditionally Met. The WHP discussed the proportionality and distribution of the proposed affordable
units and recommends the Board approve the distribution as described above, which is a slightly
different unit mix than the Petitioner offered.
IV. STAFF RECOMMENDATIONS
DCDP staff recommends conditional approval of the requested change from one non -conforming use to
another non -conforming use as a Special Permit Finding under §4.06(a) as it meets the necessary
criteria set forth in the Watertown Zoning Ordinance.
V. CONDITIONS
#
Condition
Timeframe for
Compliance
To be
Verified
by
1'
Control Plans. The Control Plans shall be:
A. Permit Application Form, received 8/6/19
B. Project Narrative, received 8/6/19
C. Traffic and Transportation Analysis, vhb, David Black, CE, received 8/6/19
D. Plan Set, 101-103 Morse Street, Watertown, Stamped and signed by
Domenic F. Valente, Jr. Registered Architect, received 8/6/19
a. Sheet A-01, Cover Sheet
b. Photo rendering of 1879 Map of Watertown, MA
c. GOOGLE view, 101-103 Morse St Vicinity Map
d. GOOGLE view, 101-103 Morse St Context Map
Perpetual
ZEO/ISD
Page 9 of 13
101-103 Morse Street
ZBA-2019-18 (SPF)
August 7, 2019
Staff Report
#
Condition
Timeframe for
Compliance
To be
Verified
by
e. Sheet SP -10, Site Photos
f. Sheet SP -11, Historic Reference
g. Sheet SP -1, Historic Plaques
h. Sheet SP -4, Finishes
i. Sheet SP -3, Materials Board
j. Proposed Site Plan
k. Site Plan Parking Easement
I. Sheet L-100, Landscape Plan
m. Sheet L-101, Landscape Plan Colorized
n. Sheet L-102, Colorized Landscape Plan Courtyard
o. Sheet L-103, Colorized Landscape Plan Parking Area
p. Sheet L-104, Colorized Landscape Plan Easement
q. Sheet A-100, Floorplan Level 1
r. Sheet A-101, Floorplan Level 1
s. Sheet A-102, Floorplan Level 2
t. Sheet A-103, Floorplan Level 3
u. Sheet A-104, Floorplan Level 4
v. Sheet A-105, Roof Plan
w. Sheet A-200, Elevations (West and South)
x. Sheet A-201, Elevations (North and East)
y. Sheet Ex -100, Floorplan Level 0
z. Sheet Ex -101, Floorplan Level 1
aa. Sheet Ex -102, Floorplan Level 2
bb. Sheet Ex -103, Floorplan Level 3
cc. Sheet Ex -104, Floorplan Level 4
dd. Sheet A-900, 3-D View (from Morse Street to entrance)
ee. Sheet A-901, 3-D View (Bird's eye from above)
ff. Sheet A-902, 3-D View (Bird's eye from above and to the North)
gg. Existing Site Plan, Rober Survey, September 1, 2016
hh. Activity and Use Limitation Plan, Rober Survey, July 31, 2019
ii. Sheet Ex -105, Existing Conditions Plan
jj. Sheet SL -IC, Site Lighting Photometric Calculation, APEX Lighting,
7/25/19
kk. Existing Conditions, Stamped, Ronald Tiberi, PE, dated 8/2/19
11. Utilities Plan, Stamped/Signed Ronald Tiberi, PE, dated 8/2/19
mm. Proposed Conditions, Stamped, Ronald Tiberi, PE, 8/2/19
nn. Access Plan, Stamped Ronald Tiberi, PE, 8/2/19
oo. Sheet SP -2, Unit -Density Relationship Curve
pp. Sheet SP -5, Unit Counts and SF, Stamped/Signed, Domenic Valente,
Registered Architect
qq. Sheet SP -6, Parking Analysis, Stamped/Signed, Domenic Valente,
Registered Architect
rr. Unnamed Sheet, Contains a 7/18/19 Memo by Domenic Valente,
AIA attesting that the plans will meet the state Building Code(s)
requirements and a table labeled Building Code (IBC), Chapter 12,
signed/stamped by Mr. Valente
ss. Undated Sheet, contains a description of the Dalby Mill Residences
Management Plans: Parking, Trash, Snow
Page 10 of 13
101-103 Morse Street
ZBA-2019-18 (SPF)
August 7, 2019
Staff Report
#
Condition
Timeframe for
Compliance
To be
Verified
by
2'
Building Construction Documents/Plans
A. Conformance Review: All Building Plans shall conform to the approved
Control Documents referenced in Condition #1, above.
B. Permit Conditions: The Permit Conditions herein shall, prior to Building
Permit issuance, be incorporated into and printed on a sheet which shall be
part of the final/Approved Building Plans.
C. Materials: All building materials are to be specified on the Approved Plan
set.
Prior to Building
Permit (BP)
ZEO/ISD
3.
Plan Modifications. Neither the Petitioner 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
Department of Community Development & Planning (DCDP) for an opinion as to
whether or not such change or modification requires further review from the
Granting Authority. Minor modifications may be considered and approved by the
DCDP Director if found to be consistent with the original project.
Perpetual
ZEO/ISD
4.
Recordation. Upon application for a Building Permit, the Petitioner shall provide
evidence to the Zoning Enforcement Officer that this entire decision has been filed
with the Registry of Deeds.
Prior to BP
ZEO
5
Codes/Regulations Compliance. The Petitioner shall comply with all other applicable
local, state, and federal requirements, ordinances, and statutes.
Perpetual
ZEO/ISD
6.
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.
Prior to
CO/Perpetual
ZEO/ISD
7.
Permit Expiration. In accordance with WZO §9.13, a Special Permit granted under
§9.04 shall lapse one (1) 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
8.
Prior Approvals. All previous approvals and conditions of all Use Variances and
Special Permits shall be nullified as part of this approval.
Perpetual
DCDP
9'
Access and Parking.
The Petitioner shall finalize an Easement agreement between the site and the Town
Property at the rear (former Capital Street) to facilitate safe circulation for vehicle
and pedestrians on and through the site.
A. Final details of and required documentation for the Easement is to be
finalized between the Petitioner and DCDP staff prior to approval by the
Town Council.
B. The parking facilities and driveways for ingress/egress shall be designed,
constructed, installed, repaired, operated and maintained in good order by
the Petitioner.
C. The Petitioner shall implement a parking monitoring program as part of a
TDM program to help address parking management.
A. Building
Permit
B. Prior to C/O
C. CO/life of
Permit
DCDP
10.
Affordable Housing. The Petitioner shall submit a Local Action Unit application to the
State's Local Initiative Program and shall comply with all the requirements of the
Massachusetts Department of Housing & Community Development in order for the
six affordable units to be included on the State's Subsidized Housing Inventory.
Prior to
CO/Perpetual
DCDP
Page 11 of 13
101-103 Morse Street
ZBA-2019-18 (SPF)
August 7, 2019
Staff Report
#
Condition
Timeframe for
Compliance
To be
Verified
by
11,
Unit Comparability. Affordable units shall be indistinguishable from market -rate
units in exterior building materials and interior and exterior finishes; overall
construction quality; and energy efficiency, including mechanical equipment and
plumbing, insulation, windows, and heating and cooling systems.
Prior to
CO/Perpetual
12.
Waste Management and Recyclables:
A. All trash and recycling shall be effectively screened from public views, and
shall be maintained in an orderly state.
B. All trash and recycling shall be collected by a private waste management
company between the hours of 7 AM to 7 PM.
Perpetual
DCDP
13.
Signage. No signs shall be permitted except those which meet the requirements of
the Watertown Zoning Ordinance, and those shall be subject to a separate review
process.
Prior to
CO/Perpetual
ZEO
14.
DPW/Utilities/Sewer/Stormwater. DPW review and final approval of the water,
stormwater plan and sewer system design and connections are required prior to
Building Permit. The Petitioner shall:
A. Obtain final DPW approval of the site plans, utility connections, Stormwater
management system, and Operations and Maintenance Plan.
B. Create and maintain a site -specific Stormwater Operation and Maintenance
Plan. Copies of all post -construction inspection and maintenance records
and invoices shall be kept for a period of five years and be made available to
DPW upon request.
C. Ensure the I & I requirements have been reviewed and approved by DPW
A = Prior to BP
B = Prior to BP
then Perpetual
for Operations/
Maintenance
Plan
C= BP
DPW
15.
Mechanical Equipment Screening.
All mechanical equipment on the roof or site shall be adequately screened, as
necessary, from public view, and integrated into the building when feasible.
Prior to BP
ZEO/ISD
16.
Landscaping and Exterior Lighting.
A. Landscape Plans shall be subject to review and approval for species
appropriateness, mix, size, quantity, and spacing by DCDP staff and the
Forestry Supervisor/Tree Warden.
B. Existing trees on the Morse Street shall be retained except if determined
otherwise by DCDP or Forestry Supervisor/Tree Warden.
C. Public Shade Trees shall have a separate review and approval by the
Forestry Supervisor/Tree Warden.
D. A certificate for completion of landscaping and irrigation installation shall be
completed by a licensed or certified professional.
E. The Petitioner agrees to provide suitable soils around Shade Trees:
Structural soils will be required where necessary as required by the Forestry
Supervisor/Tree Warden.
F. All landscaping installation shall be completed prior to issuance of the Final
Certificate of Occupancy. A temporary Certificate of Occupancy may be
issued in the event that a Phase is completed "out of season." In addition,
the Petitioner shall provide for landscape maintenance of all landscaped
areas for the life of the project.
G. Exterior/site lighting shall comply with Article VII of the Zoning Ordinance.
Once the lighting is operational, a review of the installation shall be
completed and, if necessary, additional measures shall be taken by the
Petitioner, including but not limited to further screening or shielding
installed to reduce off -site impacts.
B = Forestry
Supervisor/
Tree Warden's
Determination
(if any) Must be
Completed Prior
to BP
All others =
Prior to CO or
Final Inspection,
Whichever is
First/then
Perpetual
DCDP/
Tree
Warden/
Forestry
Supervisor
Page 12 of 13
pne furooa n„ mr iaana`
Ida MTown �e rpom �. R.
n al
leec.lee. e Itt me m. w a or
m.mp.eeaeleen Reha Ma.
120 16 1
#2
120 15 2
#6
118 1A 0
#140
118 3B 0
#145
118 4C 0
• #141
1185D0
••nn #137
V-
118 6E 0
#133 118 7F 0
120 14 3 #129
#10
#124
#85
120 13 4 C
#14 116 10A 0 116 1162 ApIT OL Sr
#100
O 120 12 5 n #125
�-r, #18-20 \ 116 56 1
D�O #93
G �'Q
�k-5 S, 490 116
4 0
e
c0
116 7A B 0=
#103 J=
119 1 0
115 1 47
#106
115248
#102
115349
115 11C 0 #96
#100
110 35B 0
#89
100 2009 Printe d on 01/23!2017 at 09.54 AM
Z°nng - C opy
n Clust er Re ,idm.a, CF
Reeidemiel-11,5
▪ R eade nli al • R1.]
=I nd us.- Il
O lndueNM-12
=Industrial -
I)
1 ▪ CB Central Bds�l»
C Limg ed Bootl ess LB
LB
▪ NeRhbOrecatl Buimaa
I= Single Fa ilr-SID
O slog!. F ensly • 80
C Single F ern,' Com ers,
C T wo Femiy • T
=Open Sc Corridor -3
= PMtsnF 50 6t Corridon
▪ Plena., St C slid, -22 = l St Ce mda-1
=Rest . . LIM Use
Eiselrenuu
N
Parcels
Bo und,
W1e1ROWS.ye
Mrete[e
tl6 egglerRY
1.T . Numbered Routes
Shw a.
101-103 Morse Street (Two Family)
(ddS) 8T-610Z-V8Z
}aaJls asniAl EOT-TOT