HomeMy Public PortalAboutPB Report_735 Mt Auburn St_2020_0311TOWN OF WATERTOWN
Department of
Community Development and Planning
PLANNING BOARD
Administration Building
149 Main Street
Watertown, MA 02472
Phone: 617-972-6417
Fax: 617-972-6484
www.watertown-ma.gov
PLANNING BOARD REPORT
Board Members:
Jeffrey W. Brown, Chair
Janet Buck
Jason Cohen
Gary Shaw
Payson Whitney, III
On March 11, 2020 with four (4) members of the Planning Board (Board) present, case number ZBA-
2020-04 was considered. The Board submits the following Report, as requested by the ZBA, to aid
the ZBA in deciding on the application before it.
CASE #:
SUBJECT PROPERTY:
PARCELID#:
ZONING DISTRICT:
OWNER/PETITIONER:
ZONING RELIEF SOUGHT:
SPECIAL PERMIT GRANTING AUTHORITY:
DATE OF STAFF REPORT:
STAFF RECOMMENDATION:
PLANNING BOARD MEETING:
DATE OF ZBA HEARING:
ZBA-2020-05 SPF
735 Mt Auburn St
612 2A 0
T (Two -Family) Zoning District
Kelly Land Trust, Inc.
Special Permit Finding §4.06(a): Change from one
non -conforming use to another
Zoning Board of Appeals
March 5, 2020
Conditional Approval
Conditional Approval (3-1) March 11, 2020
Scheduled March 25, postponed to April 22, 2020
View from East on Mt Auburn St.
735 Mt Auburn Street April 1, 2020
ZBA-2020-05 SPF Planning Board Report
I. PUBLIC NOTICE (M.G.L. C. 40A, §11)
A. Procedural Summary
Petition ZBA-2020-05 (SPF) was heard by the Planning Board on March 11, 2020 and was scheduled
for the Zoning Board of Appeals on March 25, 2020 and postponed to April 22, 2020. As required by
M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice is given as follows:
• Published in the newspaper of record (Watertown Tab) on March 6 and 13, 2020
• Republished April 3 and 10, 2020
• Posted at the Town Administration Building on February 26, 2020
• Mailed to Parties in Interest
B. Legal Notice
"735 Mt. Auburn Street - Brendan Kelly, Kelly Land Trust, Inc., 81 Marlboro Street, Belmont, MA 02478 requests
the Zoning Board of Appeals grant a Special Permit Finding in accordance with Watertown Zoning Ordinance
§4.06(a)(e) Non -Conforming Uses, to allow the change from a non -conforming auto garage use to a non-
conforming commercial office use. Located in the T (Two -Family) Zoning District. ZBA-2020-05"
Front yard and facade
Neighborhood Context
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735 Mt Auburn Street April 1, 2020
ZBA-2020-05 SPF Planning Board Report
II. DESCRIPTION
A. Site Characteristics
The subject property is an approximately 6,375 s.f. lot on Mt Auburn St in the Two -Family Zoning
District. The site has an office and two -bay shop/garage first assessed in 1935. The lot is mostly flat and
almost entirely paved with a small landscape bed at the front and side. There are two two-way
entrances, one on Mt Auburn Street and one on School Lane.
B. Surrounding Land Use
Located in the T Zoning District, the neighborhood is a mix of housing types to the south in what was
historically a commercial/business zone. Along the southerly side of Mt Auburn is a mix of commercial,
mixed -use, and larger office directly to the west of this site. There are larger commercial nodes to the
east and west and the area is served by the 71 Trolley Bus.
C. Nature of the Request
A Special Permit Finding is required to allow the change of an existing non -conforming uses, to allow
the change from a non -conforming auto garage use to a non -conforming commercial office use.
D. Public Comments
As of the date of the staff report, no comments were received by the Department of Community
Development and Planning.
E. Relevant Permitting History
The 1930 Zoning Map shows the site and area as 'Business District'. The Zoning Map from 1971 shows a
'Limited Business' zoning district for this area. In 1989, subsequent to the Growth Management Plan,
the housing to the rear and this one property adjacent to Mt Auburn Street was rezoned to the T Zoning
District (Two -Family).
Other Town Records indicate that two requests for a change in use where made to the Zoning Board of
Appeals including a Special Permit (ZBA Case # 82-83-19) for a Fast Food Establishment for Mister
Donuts was denied while the site was in the LB Zone, and a Special Permit Finding subsequent to the
down -zoning to T Zoning was denied (ZBA Case # 98-9 SPF) to change the use from motor vehicle repair
to a market/restaurant with take-out.
III. FINDINGS
A. Plan Consistency
Watertown's 2015 Comprehensive Plan discusses continued use of commercial facilities and supporting
small business. It also suggests support for use and reuse of the commercial sites along the Mt Auburn
Corridor. The plan also speaks to preserving/maintaining the general character of neighborhoods.
The change is use to this site from automotive repair to general commercial/office (the current
petitioner plans operate a landscaping companies' business) is in -keeping with supporting this
commercial corridor while preserving the adjacent neighborhoods.
B. Special Permit Finding §4.06(a)
In accordance with Section 4.06(a), a non -conforming use may be replaced by another use, at least as
restricted as the existing use, provided that the Board makes the finding under §4.06(a) that "such
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735 Mt Auburn Street April 1, 2020
ZBA-2020-05 SPF Planning Board Report
change, extension or alteration shall not be substantially more detrimental than the existing non-
conforming use, structure or building to the neighborhood."
Conditionally Met: With conditions the proposed project will not be substantially more detrimental
than the existing non -conforming use to the neighborhood. Initially, the submitted materials included a
plot plan with no changes to the landscape or pervious areas of the site. Also, the landscape plan was
not consistent with plot plan. This submittal identified that there were no changes proposed to the
building or site.
Staff worked with the petitioner in regard to some impacts that could be reduced by creating a better
parking layout, ensuring that the landscaped areas and plot, impervious area, and buffers to the street
and neighborhood. After meeting with staff, the site was redesigned (proposed to remove asphalt) with
more consistent parking designed for a commercial use of the building, additional landscape beds at the
front and side yards facing the streets, and a mix of plantings, including trees, where appropriate. Staff
suggested that the site should comply with the zoning in regard to pervious area and landscaping to the
greatest extent possible (Zoning requires 15% open space and 15% pervious) while still allowing for safe
and appropriate maneuvering.
The restriping of the parking allows for consolidated parking in front of the garage doors and along the
side of the building in tandem. This provides a more consistent and safer layout. The added landscaping
to the side and rear of the parking provides appropriate screening to the neighborhood, where there is
none with the current use. The increased landscaped area at the front of the site provides a planting
screen to break up the remaining parking lot. The design of the landscape beds to be lower than the
adjacent asphalt and to not have a raised barrier will provide some water retention and reduce the
current sheet flow with no stormwater control. The updated plans incorporate pervious pavers or
landscaped beds to the rear and side of the building in an area that is currently paved. The Petitioner
has agreed to direct the roof drains to the pervious areas as much as feasible.
The Town also identified a granite marker/post which appears to be within the Right of Way (ROW) and
suggested moving it to the main entrance, if it is determined to be a barrier to municipal work within the
ROW.
The change in use from automotive repair to commercial office, with the site changes is not
substantially more detrimental. There should be a condition in regard to the commercial use and
outdoor storage of materials and equipment. The petitioner has identified that the stack parking would
have up to three trailers, and up to four commercial vehicles parked there. There would be four spaces
available for the commercial building, and area identified for commercial vehicles could also be used by
employees. The approval should clearly identify that the trailers and trucks are not to be used for
storage of materials or equipment. Further, a gate is indicated to create an area for trash and recycling.
The condition should include a staff review of the gate, and be clear that this area is for limited use for
accessory commercial trash, recycling and the like.
IV. STAFF AND PLANNING BOARD RECOMMENDATIONS
Staff recommended conditional approval of the requested Special Permit Finding under §4.06(a) for the
change in use from one non -conforming use as a repair facility to another commercial/office use as it
meets the criteria set forth in the Watertown Zoning Ordinance.
At the Planning Board meeting, staff suggested additional conditions based on response to written
comments from Councilor Kounelis and further staff analysis. The Planning Board discussed these
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735 Mt Auburn Street April 1, 2020
ZBA-2020-05 SPF Planning Board Report
conditions and possible other concerns. Jeff Brown suggested that this use could be located anywhere
and felt that this was not a good location to allow it. There could be a better use at this location but
acknowledge that the current repair shop use was still in operation. Others felt that the change was
improving the site and converting it to a less impactful office use with secondary parking for the current
commercial landscape office. Janet Buck noted that it would be appropriate to consider a Zoning
change to the site some day so it could be more in keeping with the commercial corridor it is part of.
The Board voted (3-1) to recommend approval of the Special permit Finding, with additional conditions
to clarify that there would be storage of materials on the site and that final to the permit being issued,
there be a final site plan that indicated where the commercial vehicles would be parked and that they
must fit within the designated parking area and not overhang the drive aisle.
V. CONDITIONS
#
Condition
Timeframe
for
Compliance
To be
Verified
by
1.
Control Plans. The Control Plans shall be:
A. Proposed Parking Plan, 735 Mount Auburn Street, dated 7/2/2019,
revised, 3/6/2020 (as updated to show commercial vehicle parking)
B. Existing and Proposed Floor Plan, Avo Asdorian, 3/2/2020
C. Landscape Plan, 735 Mount Auburn St., 2/28/2020
Perpetual
ZEO/ISD
2.
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
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
3.
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.
Building
Permit
ZEO
4.
Codes/Regulations Compliance. The Petitioner shall obtain any building permits
and comply with and meet all other applicable local, state, and federal
requirements, ordinances, and statutes.
Perpetual
ZEO/ISD
5
Site Management.
A. Landscape. All landscaped beds shall be maintained as shown on the
approved landscape plan. The beds shall be designed and maintained so
as to allow stormwater from the adjacent pavement to enter and
infiltrate. The buildings downspouts shall be directed to the pervious
pavers and landscape beds to the greatest extent feasible.
B. Trucks and Trailers. The area indicated as stacked parking shall be
allowed to have up to three trailers in the rear row and up to four
commercial trucks. Trailers and trucks are not to be used for storage of
materials or equipment. The plot plan shall indicate the area for
commercial vehicles/trailers and vehicles shall not block the drive aisle.
C. Trash and Recycle. Prior to installation of the gate, DCDP staff shall
review and approve the gate to the area designated for trash. Further,
this area shall be limited to accessory commercial trash, recycling and the
like and shall not be used for long-term storage.
D. Storage. No storage of materials shall be allowed on the site
Perpetual
p
DCDP/
ZEO
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735 Mt Auburn Street
ZBA-2020-05 SPF
April 1, 2020
Planning Board Report
#
Condition
Timeframe
for
Compliance
To be
Verified
by
E. The granite monument, if it is determined by Town Staff that it needs to
be relocated, shall be placed to match the other pillar at the main
entrance to the site.
6.
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
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