HomeMy Public PortalAboutStaff Report_28 Elm Street_2020_0103_FINAL •�1630'�. Town of Watertown
�a� j X .
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 Number: ZBA 2020-03 ASP Amendment Special Permit (ZBA-2017-03 SP)
Subject Property: 23 Elm Street, Building 2
Parcel ID: 1236 4 G
Zoning District: Regional Mixed Use (RMUD) Zoning District
Petitioner: NS AJO Holdings, Inc., d/b/a (Natural Selections)
Owner: Thomas D Godino,Agent, 23 Elm Street Trust
Zoning Relief Sought: Special Permit: §5.01.5(I)Adult Use Marijuana
Special Permit Granting Authority: Zoning Board of Appeals
Date of Staff Report: January 3, 2020
Staff Recommendation: Conditional Approval
Planning Board Meeting: Scheduled January 8, 2020
Zoning Board Hearing: Scheduled January 22, 2020
Page 1 of 8
23 Elm Street January 3, 2020
ZBA-2020-03 ASP Staff Report
I. PUBLIC NOTICE(M.G.L.c.40A,§11)
A. Procedural Summary.
Petition ZBA-2020-03 ASP is scheduled to be heard by the Planning Board on January 8, 2020
and by the Zoning Board of Appeals on January 22, 2020. 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 January 3 and 10, 2020
• Posted at the Town Administration Building on December 24, 2019
• Mailed to Parties of Interest on January 3, 2017
B. Legal Notice
"23 Elm Street—Brandon Banks, NSAJO Holdings, Inc., d/b/a Natural Selections, P.O. Box 391313,
Cambridge, MA 02138, herein requests the Zoning Board of Appeals grant an Amendment to Special
Permit#ZBA-2017-03, in accordance with Watertown Zoning Ordinance§5.01.5(1),Adult-Use Marijuana
at an approved Medical Marijuana establishment. Located in the "RMUD"Regional Mixed-Use District
Zoning District. ZBA-2020-03"
.;
` lrnne r
as Mkagla�� I 'I,'q 7'
Ir
Building#2 Previous view from Marriott
Front facade with striping Ramp and Bike Parking
Page 2 of 8
23 Elm Street January 3, 2020
ZBA-2020-03 ASP Staff Report
ll. DESCRIPTION
A. Site Characteristics
The 46,827+/-square foot (1.075 acre) site has a mix of commercial/industrial uses since it first
appeared on the Assessor's records in 1944, having originally been part of The Akron Rubber
Company. The lot on which the subject property is located appears to have been created by a
1946 subdivision of land owned by The Akron Rubber Company. Buildings on the site account
for approximately 20,600 square feet, and were constructed sometime in the 1950's.The site
now contains three structures: One facing Elm Street with parking in front (Building#1) and two
behind. The site has two curb cuts off of Elm Street.
Surrounding Land Use
The site is located in the Regional Mixed Use District. It fronts on Elm Street, and has the 36
Arlington Street/GYM IT to the rear. It is located across Elm Street from the Watertown Mall.
The site abuts the Marriot Hotel to the South, and a 1.420-acre site, which contains William's
Pond to the North.
C. Nature of the Request
The Petitioner is seeking an amendment to a Special Permit to allow the approved Medical
Marijuana Treatment Center to also be permitted for Adult Use Marijuana in the existing
approved location at Building#2, 23 Elm Street. The proposal involves parking modifications
and shared use of the approximately 2,545 square feet of space inside an existing 20,600 square
foot building.
D. Public Comments
The Town Council required the Petitioner to conduct an informational meeting, using the
methodology for a Community Meeting as outlined in §9.03(b). The Petitioner held this
informational meeting on August 21, 2019 and has provided a written summary in the
application material.
E. Relevant Permitting History
According to Zoning Board of Appeals,Assessors, Building and Planning records,the site has the
following relevant permitting history, which is combined for 23-29 Elm Street:
• 1944: Akron Rubber Company purchased the property and in 1946 the site is
subdivided
• 1980 to 2011: Use of the site changes with Building and Sign Permits issued as
businesses change
• ZBA-2017-03 SP—A Special Permit for medical marijuana use was approved. The
approval required : a new set of plans to show the interior layout with security, egress
and ADA compliance and exterior plans for lighting, security(also in compliance with
Watertown Police Department),trash, bicycle parking, marked and updated parking
spaces that are useable; compliance with Building Code for parking at egress door;
wayfinding to rear of property; deliveries only during daylight operational hours; annual
review of operational hours Monday—Saturday 8 am—8 pm and Sunday 10 am—6 pm;
and updated parking plan and parking table.
Staff suggests that the request for an amendment to the approved Special Permit is appropriate.
Page 3 of 8
23 Elm Street January 3, 2020
ZBA-2020-03 ASP Staff Report
III. ANALYSIS AND FINDINGS
A. Plan Consistencv: Comprehensive Plan
The adopted Comprehensive Plan envisioned a new Regional Mixed-Use District (RMUD)for the
area, created in March 2016. The RMUD encompasses a large section of the former Industrial-1
zone and was described on the Future Land Use Map as a mix of retail, office and research and
development uses that will serve a regional market area. DCDP staff notes this site has a mix of
small retail/commercial and industrial uses that can support the larger, regional uses within the
RMUD district.
B. Special Permit with Site Plan Review
Projects must meet the four conditions of approval for a Special Permit set forth in §9.05(b) of
the Watertown Zoning Ordinance (WZO).
Special Permit Criteria§9.05(b)
1. The specific site is an appropriate location for such a use,structure, or condition.
Conditionallv Met: This amendment to the previous approval to allow two uses (Medical
and Adult Use Marijuana) within the previously approved Medical Marijuana facility is
appropriate for this location. The RMUD zoning allows the uses by Special Permit and
previously submitted materials show the facility is not within the required 500-foot buffer
from schools, parks, or other approved marijuana uses. The RMUD envisions a vibrant
streetscape with transparency at the street level. The addition of another similar use does
not alter the commercial/retail type nature of the existing approval and is compatible.
The additional use could cause an increase to the number of visitors during peak hours, and
therefore, it is important to include details for customer and parking management to ensure
the site does not have any issues with overflow. Staff suggests that previously discussed
employee and parking management be incorporated into a more comprehensive
transportation demand management plan to ensure the parking and traffic is appropriately
monitored and managed with review and approval by DCDP staff. This should be a
condition of approval.
2. The use as developed will not adversely affect the neighborhood.
Conditionally Met: The uses are in-keeping with surrounding uses and appropriate
measures are outlined to ensure the added use does not adversely affect the neighborhood.
The approved Medical Marijuana Facility is required to comply with state laws including
procedures for staff training, removal of general waste and litter(not including
unusable/unsaleable product), keeping the facility in good repair, and maintaining utilities
(water/sewer service).
Further,the Petitioner received approval by the Town Council for a Host Community
Agreement for the Adult Use Marijuana that includes the maximum allowed financial
contribution for community impacts related to the business operations within Watertown.
The facility will also have appropriate security measures including surveillance (required to
be reviewed and coordinated with Watertown's Police Department).
Page 4 of 8
23 Elm Street January 3, 2020
ZBA-2020-03 ASP Staff Report
The previously approved conditions limit hours of operation appropriately. In addition,
when the Adult Use component of the business opens,there should be a 'grand' opening
plan submitted and approved by the Town. The plan should include limitations for the first
week of operation by instituting a reservation program. If it is shown that the parking and
traffic management is not an issue,then regular operations can be implemented after that
time. Any issues and continued operations are subject to any limitation imposed by the
Chief of Police.
3. There will be no nuisance or serious hazard to vehicles and pedestrians.
Met: Allowing the two types of marijuana uses within the same storefront, with the site
improvements suggested, will not create a nuisance or serious hazard to vehicles and
pedestrians. The site improvements have better defined the site access and parking, and
has created accessible parking and safe pedestrian access to the storefront that previously
did not exist. Overall site access/egress and the site circulation pattern does not change as a
result of the added use.
The Petitioner also provided an updated Parking Analysis as required to the previous
approval, completed by Hayes Engineering, Inc. The Parking Analysis uses Watertown's
Retail use category for the requested uses, as required by the previous approval, which
identifies that a total of 13 parking spaces are required per zoning requirements for retail
like uses. The submittal includes the approved site plan which includes striping for 50
vehicles as well as an updated plan showing striping for 51 spaces.
Staff notes that the site continues to have a number of paved areas that are used for
parking by other tenants, in addition to the newly striped spaces. The site parking analysis
shows that there are about 14-15 additional spaces than the combined demand of all the
businesses on site. The Petitioner indicates that they have a lease for 22 parking spaces on
the site which suggests that there are six more parking spaces, in excess of zoning and the
lease arrangement for this use.
The Petitioner's Traffic Impact Statement, by Hayes Engineering, Inc. includes the same
information for this use as the previous approved use since the ITE has one trip generation
category(LUC 882)for any type of marijuana dispensary. The trip generation estimated is
based on the square footage of the facility.The conclusion of the study suggests that the
Petitioner works with the Town to develop an opening day strategy that provides for police
details, parking attendants, and wayfinding assistance to minimize disruptions during the
initial opening period. That strategy was also suggested to be reviewed on a daily or weekly
basis to evaluate its continuing need.
4. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.
Conditionally Met: The proposal is required to meet all building, health, and safety
requirements, and the facility has been built out and completed at this time. No additional
changes are required to add this use to the operation, but if changes need to be made to
the interior that is appropriate. The project was conditioned to require that all general trash
and recycling be managed by a private contractor.
Page 5 of 8
23 Elm Street January 3, 2020
ZBA-2020-03 ASP Staff Report
IV. STAFF RECOMMENDATION:
DCDP staff recommends that the previous approval be amended to allow a Special Permit under
§5.01.5(I)Adult Use Marijuana be granted with conditions.
Compliance To be
# Condition Timeframe Verified
by
Control Documents.This approval is based upon the following application
materials and Control Documents:
a. Special Permit Site Plan, NS AJO Holdings, Inc., 23 Elm Street, Building#2,
Watertown Mass.,Sheet C1 by Hayes Engineering, Inc.
b. Tenant FitUp Plan/Medical Marijuana Dispensary, Natural Selections, LLC,
23 Elm Street,Watertown, MA, First Floor Plan,Sheet Al,9/8/16 by HH
1 Design Group Architects Perpetual ZEO/ISD
c. First Floor Plan showing alarm system,video surveillance,door interlock,
reception area, restrooms, sales floor
d. Parking Analysis, by Hayes Engineering, Inc.,dated 3/3/17, by Anthony M.
Capachietti
e. Traffic Impact Statement, by Hayes Engineering, Inc., dated 2/24/17, by
Anthony M. Capachietti
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 Director,Zoning Enforcement Officer,and Building BP ZEO/ISD
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 floor plans may be considered and approved
by the DCDP Director that are found to be consistent with the project approval.
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, and/or Land Court.
4 Codes/Regulation Compliance.The Petitioner shall comply with all other CO ZEO/ISD
applicable local, state, and federal requirements,ordinances,and statutes.
Certificate of Occupancy/Final Inspection. A copy of the Building Permit with
5. final approval signatures from all relevant inspectors must be submitted to the CO ZEO
Zoning Enforcement Officer upon completion of the project.
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
6. use thereof has not sooner commenced except for good cause, or, in the case Perpetual ZEO
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.
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 Prior to CO/
7' DCDP
review and permit process. Wayfinding signage shall be provided and subject Perpetual
to review as part of the sign application for the project.
8. Utilities.All new utilities servicing the site shall be underground. B P/
Perpetual ZEO/DPW
Refuse. The Petitioners shall ensure that all general trash and recycling shall be BP/ ZEO/
9. collected by a private waste management company. A specific location for Perpetual DCDP
inside refuse/recycling containers shall also be provided.
Page 6 of 8
23 Elm Street January 3, 2020
ZBA-2020-03 ASP Staff Report
To be
# Condition Compliance Verified
Timeframe by
Hours of Operation. Customer hours shall be 8:00 AM to 8:00 PM, Monday
10. thru Saturday and Sunday 10:00 AM to 6:00 PM. Deliveries to this site shall be perpetual ZEO/DCDP
made during day light hours of operation only. There shall be no deliveries to
clients/patients.
Conducting Business. All business and other transactions related to the
11. operation of the Medical Marijuana Facility, including but not limited to perpetual ZEO/DCDP
provision of an automated teller machine/ATM shall be conducted inside the
building.
12 Prevention of Loitering. The Petitioner shall take steps to address and prevent perpetual ZEO/DCDP
loitering in and around the facility and site.
Host Community Agreement. The Host Community Agreement between
13. Natural Selections/AJO Holdings shall be completed and executed prior to Prior to CO ZEO/DCDP
issuance of the Certificate of Use and Occupancy.
Annual Review. The facility and operations shall be subject to an annual
review by the Zoning Board of Appeals with respect to compliance with this
14. decision, including but not limited to hours of operation,delivery hours and Perpetual ZEO/DCDP
parking.
15. Building Code. The tenant space shall provide ADA access as required and perpetual ZEO/ISD
upgrades to exterior entrance,as appropriate.
16. Parking/Bicycle Accommodation. The required number of parking and bicycle Prior to CO/ ZEO/DCDP
spaces shall be compliant with the WZO dimensions for a parking space. Perpetual
Exterior Lighting and Security Cameras. The exterior lighting shall meet the
requirements in Article VII of the WZO. Security Cameras shall be specified on
Prior to CO/
17. the exterior lighting plan (Control Documents). All exterior lights(except for perpetual ZEO/DCDP
motion-sensing security lighting)shall be equipped to de-activate not more
than one(1) hour post-closing.
18 Access/Egress. Site access shall be from Elm Street only. No access shall be perpetual ZEO/DCDP
allowed from Arlington Street.
(NEW)Parking and Traffic Management.
a. TDM Plan.A transportation demand management plan with a parking
management strategy shall be required prior to occupancy for Adult Use
19. Retail Marijuana,with review and approval by DCDP. The plan shall Perpetual ZEO/DCDP
include an annual monitoring report on parking and employee
commute/vehicle use. Measures for reducing single vehicle occupancy
(SOV) use by employees should be considered.
(NEW)Operations Plan.
a. Based on the traffic study submitted,the Petitioner shall develop an
opening day strategy that provides for police details, parking
attendants, and wayfinding assistance to minimize disruptions during
the initial opening period. The strategy should be reviewed on a daily
basis to evaluate its continuing need.
b. When the Adult Use component of the business opens,there should CO/
20. be a 'grand'opening plan submitted and approved by the Town. The Perpetual ISD/WPD
plan should include limitations for the first week of operation by
instituting a reservation program. If it is shown that the parking and
traffic management is not an issue,then regular operations can be
implemented after that time.
c. Any issues and continued operations are subject to limitation imposed
by the Chief of Police.
Page 7 of 8
23 Elm Street January 3, 2020
ZBA-2020-03 ASP Staff Report
®j0 FivarEua
N BERKELEY S(
G-4ARE.S1 0=7N,
oai....sscema�:i
�w.....sc.m...z
a
N i�ewmfq
rA rRpnn�.
m 9�
N
I
2
m �
L ENA 2 7A 3T P
SE-NALST N+ \QCi
A SE AL T
� AL 57
ARSENAL ST
. .�..�a�w• GREENaL1GK 8ti-YO
0 430 8601 Pnn,¢d on 0214W2017 a703.14 PM 23 Elm Street (RMUD)
Page 8 of 8