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HomeMy Public PortalAboutStaff Report_735 Mt Auburn St_2020_0311Town 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-2020-05 SPF SUBJECT PROPERTY: 735 Mt Auburn St PARCEL ID#: 612 2A 0 ZONING DISTRICT: T (Two -Family) Zoning District OWNER/PETITIONER: ZONING RELIEF SOUGHT: Kelly Land Trust, Inc. Special Permit Finding §4.06(a): Change from one non -conforming use to another SPECIAL PERMIT GRANTING AUTHORITY: Zoning Board of Appeals DATE OF STAFF REPORT: March 5, 2020 STAFF RECOMMENDATION: Conditional Approval DATE OF PLANNING BOARD MEETING: Scheduled March 11, 2020 DATE OF ZBA HEARING: Scheduled March 25, 2020 View from East on Mt Auburn St. 735 Mt Auburn Street ZBA-2020-05 SPF March 5, 2020 Staff Report I. PUBLIC NOTICE (M.G.L. C. 40A, §11) A. Procedural Summary Petition ZBA-2020-05 (SPF) is scheduled to be before the Planning Board on March 11, 2020 and before the Zoning Board of Appeals on March 25, 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 • 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" Neighborhood Context Front yard and facade Page 2 of 6 735 Mt Auburn Street ZBA-2020-05 SPF March 5, 2020 Staff Report 11. 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. 111. 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 Page 3 of 6 735 Mt Auburn Street ZBA-2020-05 SPF March 5, 2020 Staff 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 RECOMMENDATIONS Staff recommends 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. Page 4 of 6 735 Mt Auburn Street ZBA-2020-05 SPF March 5, 2020 Staff Report 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 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 apply for and acquire a building permit, in addition shall comply with 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. 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. 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. Perpetual DCDP/ ZEO 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. 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