HomeMy Public PortalAboutStaff Report_354 Arsenal St_2013_FINAL_201312051141274873 1630
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.•. Town 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-2013-31 SPF/VAR
Subject Property: 354 Arsenal Street
Parcel ID#: 1213 lA 0
Zoning District: I-1 (Industrial)Zoning District
Petitioner: Ziad Nabbout 354 Arsenal Street,Watertown, MA 02472
Agent: Choubah Engineering Group, P.C.
Zoning Relief Sought: • Special Permit Finding §4.06(a)Alteration of non-
conforming uses
• Variance- §5.04, Front, Side, and Rear Yard Setback
Granting Authority: Zoning Board of Appeals
Staff Report: December 4, 2013
Staff Recommendation: Conditional Approval
Planning Board Meeting: Scheduled: December 10, 2013
Zoning Board of Appeals Hearing: Scheduled: December 17, 2013
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354 Arsenal Street December 4, 2013
Petition ZBA-2013-31 SPFIVAR Staff Report
I. Public Notice(M.G.L. c.40A, �t 0
A. Procedural Summary
Petition PB-2013-31 SPF/VAR is scheduled to be before the Planning Board on December 11,2013
and the Zoning Board of Appeals on December 18,2013. As required by M.G.L. c. 40A, sec.1 land
the Watertown Zoning Ordinance,notice was given as follows:
• Published in the newspaper of record(Watertown Tab) on 11/29/2013 and 12/6/2013;
• Posted at the Town Administration Building and on the Town Website on 11/27/2013; and,
• Mailed to Parties in Interest on 11/27/2013.
B. Lesal Notice
"354 Arsenal Street-Zlad Nabbout, 354 Arsenal Street, Watertown, MA 02472, herein requests the
Zoning Board of Appeals grant a Variance in accordance with Watertown Zoning Ordinance§5.04,
Table of Dimensional Regulations,Front, Side and Rear Yard Setbacks and Special Permit Finding in
accordance with 4.06(a), Alterations to Non-Conforming Uses; Gasoline Filling Station, so as to raze
existing kiosk, island,pumps, underground tanks and building to construct new underground tanks,
island with (3)pumps; 66 x20'canopy, creating a non-conforming canopy front setback of 11',
where 20'is required and rear setback of 10 , where 30'is required; and further a 750sf. single-
story retail building, creating non-conforming front, side and rear setbacks of 6, 3'and 3 , where
20', 25'and 30'respectively, are required. I-1 (Industrial)Zoning District. ZBA-2013-31"
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I
View from Arsenal St View from Watertown Greenway entrance
11. Description
A. Site Characteristics
The 7,857 s.f. subject property is situated at the corner of Arsenal Street and School Street. Two curb-
cuts(47' and 40' in length)on Arsenal Street provide access to the site. The entire site is impervious with
little drainage or stormwater controls in place. There is no physical barrier between the sidewalk and
interior vehicular drives. A small kiosk/office is located centrally between the four fuel pumps and there
is a fifth diesel pump located on the property line adjacent to the Watertown Greenway. A dilapidated
two-story concrete block structure is located along the eastern edge of the property. The site is non-
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354 Arsenal Street December 4, 2013
Petition ZBA-2013-31 SPF/VAR Staff Report
conforming regarding its front,rear,and side yard setbacks with 0' for the rear, 3' for the side yard and
12' for the front yard.
B. Surrounding Land Use
The project site is located in the Arsenal Street corridor,which contains a mix of commercial and
industrial uses. The historic Arsenal complex is located across Arsenal St directly to the south of the site.
The Watertown Greenway is located directly to the north of the site on a former rail corridor. A
restaurant is to the east and the Lexus Dealership is across School St to the west of the site.
C. Relevant Permitting History
A Special Permit(Decision dated 1/10/1966)granted a Special Permit under§ 5.8 Industrial District to
continue to operate and use a newly constructed 24 hr gasoline station with 12 pumps, office,bathrooms,
and vending area(all dimensions and buildings are shown on the control plans approved as part of the
decision).
D. Nature of the Reauest
The Petitioner requests the Zoning Board of Appeals grant a Variance and Special Permit Finding in order
to replace an existing gasoline station with a new station and upgrade the site. The project would
demolish an existing office/kiosk(10'xl2'= 120 s.f)with four pumps, a dilapidated 780 s.£ 2-story
building, an uncovered diesel pump on the rear property line,paved areas currently encroaching on the
DCR geenway and paved areas at School St with encroaching drop-boxes.
The project proposes landscaping near School St,along the front of the retail building and to the rear of
the building to provide a visual break and screening. A three-pump fueling island with a 66'x20' canopy
is proposed within the 20' front and 30' rear yard setbacks, creating a non-conforming 11' front and 10'
rear setback(the pumps are setback 20' from the front and a rear). The site would also accommodate a
single-story 750 s.f retail store(25'x 30')with setbacks increasing the non-conforming front, side and
rear setbacks to 6', 3' and 3' where 18', 3',and 5' currently exist(20',25' and 30' respectively, are
required). Further,the curb-cuts will be reduced to the minimum width feasible(30' and 28')to
accommodate fueling trucks.
III. PUBLIC COMMENT
No written comments were received at the time of this report.
IV. FINDINGS
In order to grant a Variance and Special Permit Finding for non-residential non-conforming structures,the
Zoning Board of Appeals must find that the proposal meets all of the conditions for approval of a
variance as outlined in§9.14 of the WZO and Chapter 40A, Section 10 of the General Laws of
Massachusetts as well as meet the criteria for a Special Permit Finding as outlined in §4.06 (a). Those
criteria are listed below with a finding on whether each criterion is met:
A. Plan Consistencv
Existing plans do not specifically address small lot and non-conforming development within Watertown's
industrial districts.
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354 Arsenal Street December 4, 2013
Petition ZBA-2013-31 SPF/VAR Staff Report
B. Variance in accordance with&5.04 Table of Dimensional Regulations-Setbacks—front,rear
and, side vard.
This request must meet all four conditions for approval of a variance as set forth in§9.14 (b).
1. The variance is sought because of circumstances relating to the soil conditions,shape, or
topography of such land or structures, and especially affecting such land or structures but not
affecting the zoning district in which it is located.
Met: The shape of the lot is unique in that there is only 50' of depth and it has easements and irregularly
shaped boundaries because of its location along the former rail corridor. If the required setbacks were
applied,there would be no buildable area on the lot.
2. Literal enforcement of the Zoning Ordinance would involve substantial hardship,financial or
other, to the appellant.
Met: Any improvements of the site would require relief. The existing pumps are old and inefficient and
there is no shelter to protect customers and equipment from inclement weather. To meet regulations,the
site also requires substantial upgrades to the underground tanks and lines which require excavation.
Without relief,the existing conditions would be a substantial hardship. The canopy and retail building
will improve the site by removing the non-viable and dilapidated office/kiosk and 2-story
storage/restroom building and replacing it with a more appropriately designed building,canopy, and 10%
open space.
3. Desirable relief maybe granted without substantial detriment to the public good.
Met: The proposed improvements will enhance pedestrian safety along the sidewalk,will improve
vehicular movement on the site, and will provide landscape screening from Arsenal St, School St, and the
Watertown greenway. All refuse containers will be screened and additional landscaping is being
proposed on a section of DCR property currently being encroached by concrete and being used for
informal parking/storage. The new building is also more architecturally pleasing and in keeping with the
Arsenal St Corridor.
4. Desirable relief may be granted without nullifying or substantially derogating from the intent
of the Zoning Ordinance.
Met: The existing non-conforming use will be improved and will be more appropriately designed for the
site. The project minimizes the curb-cuts,decreases the number of pumps, improves the design and
function of the building, and improves the landscaping. The improvements minimize the impacts the gas
station has on the surrounding neighborhood and does not nullify or derogate from the intent of the WZO.
C. Special Permit Finding&4.06(a)
In accordance with §4.06(a),pre-existing non-conforming use/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."
Met: The use will not be expanding and the total amount of building square footage will be reduced from
approximately 900 s.f.to 750 s.f. The nonconforming setbacks, as designed, consider the existing impacts
to the neighborhood and will provide landscape buffering along the street fronts. The impact to the
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354 Arsenal Street December 4, 2013
Petition ZBA-2013-31 SPE/VAR Staff Report
Greenway is further reduced by the increased landscape plantings designed to be consistent with the
Greenway plantings. The project as proposed would not be substantially more detrimental to the
neighborhood.
V. STAFF RECOMMENDATIONS
Staff finds that the petition,as submitted,meets the criteria set forth under§9.14 (b) or§4.06(a), and
meets with the general purpose of the Ordinance outlined in §1.00 of the WZO. Staff recommends that
the request for a Variance and Special Permit Finding be conditionally approved for the continued use
as a gasoline service station within nonconforming setbacks.
VI. CONDITIONS
Timeframe To be
# Condition for Verified
Compliance by
Control Plans. The Control Plans shall be: Proposed Gasoline Filling
Station and Convenience Store at 354 Arsenal Street,Watertown,MA
02472, Sheet I-12 prepared by CCEG, Choubah Engineering Group,PC and
dated October 23,2013: 1.Cover; 2.Existing Conditions&Demolition Plan;
1. 3.Proposed Site Layout; 4.Proposed Drainage, Grading, &Utilities Layout Perpetual ZEO/ISD
Plan; 5.Proposed Landscape Layout Plan; 6. Site Details#1; 7.Site Details
#2; 8.Site Details#3; 9.Propsoed Tank Details; IO.Proposed Building
Elevations &Floor Layout; I I.Proposed Canopy Elevations &Details;
12.Proposed Lighting Plan.
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
2. request with the DCDP for an opinion as to whether or not such change or CO ZEO/ISD
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.
Recordation. Upon application for a Building Permit,the Petitioner shall
3. provide evidence to the Zoning Enforcement Officer that this entire decision BP ZEO
has been filed with the Registry of Deeds.
4' Codes/Regulations Compliance. The Petitioner shall comply with all other
applicable local, state,and federal requirements, ordinances, and statutes. CO ZEO/ISD
As Built(s). The Petitioner shall submit a certified"as-built" foundation ZEO/
5. plot plan showing all dimensional setbacks at the time of foundation BP ISD
inspection.
Certificate of Occupancy/Final Inspection. A copy of the Building
Permit with final approval signatures from all relevant inspectors must be
6' submitted to the Zoning Enforcement Officer upon completion of the CO ZEO
project.
Permit Expiration. In accordance with WZO §9.16, if the rights authorized
7. by a variance are not exercised within one(1)year of the date of grant of Perpetual ZEO
such variance they shall lapse and may not be re-established except after
notice and a new hearing, or as allowed by applicable State or Federal Law.
8. Consider installation of an air pump to serve customers and the Greenway Perpetual ZEO
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354 Arsenal Street December 4, 2013
Petition ZBA-2013-31 SPF/VAR Staff Report
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