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.
Perpetual
ZEO
Page 5 of 6
735 Mt Auburn Street
ZBA-2020-05 SPF
March 5, 2020
Staff Report
�i ❑ p54µLANOS.n
e3 6Q
z �Q oSS (r10 c S b c3 Oau� 1
ti0 �n c v KEtitH sq11 Q C� n O ,Rc, „ o° muall
r_ u la �i a.�w�stn Q m�03�
G: ❑ �ib a � nAv
° °inn
0 Q _n0st
Q� J
MPp Q�
M
p�aflaJto
t u OaQ
t *
��
,ra
m WELLS-AVE
'< OM0000 =oo
m MERRIFIELO AVE y l'
onnrnn. ra
-rt 6
SOO ft
Locator - 735 Mt Auburn St
Punted on 01.2020 a101'.36 PM
s=is
111
caTiouray
n ▪ .�o�rc�im cameraPavalsaffnOrdno
urram• � ,ou ,nk
• k em
Page 6 of 6