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HomeMy Public PortalAboutStaff Report_Addendum_Conditions_ELAN_DRAFT_201505151229127314SUPPLEMENT TO THE PREVIOUS PACKET Town of Watertown Department of Community Development and Planning STAFF REPORT ADDENDUM This addendum to the April 3, 2015 Staff Report provides updates in regards to compliance with proposed Zoning Amendments and also updates the Staff Report by suggesting conditions for approval. The addendum also addresses the Town Department review for traffic, utilities, and other offsite improvements. Since the April 8 Planning Board meeting, the petitioner has updated the site plan to meet the latest suggested language of the Design Standards. To obtain a Special Permit with Site Plan Review, this project must comply with the advertised Design Standards, which is an Amendment to the Zoning Ordinance. Case#: ZBA-2015-07 SP/SR Subject Property: 56 Irving St (AKA: 122, 150, 160-162 Arsenal St; 204 R Arsenal St; 56- 60 Irving St; & 57 Irving St.) Parcel ID: 1038 1 2; 1038 4 0; 1038 14 0; 1038 15 0; 1038 16 0; 1038 17 0; 1038 19 0; 1006 24A 0; 1007 1 3; 1007 2 0; 1037 1 1; 1037 1 0; and 1038 1A B Zoning District: I-3 (Industrial) Zoning District Petitioner(s): Greystar GP II, LLC, 8405 Greensboro Drive, Suite 950, McLean, VA 22102 Owner: YRT Corp., M.J. Pirolli & Sons, Inc., and Irving St. LLC., 56 Irving St, Watertown, MA Zoning Relief Sought: Special Permit w/ Site Plan Review-§5.01.1(k)2 - Mixed-use development greater than 3 units pursuant to §5.05(i) FAR of > 1.0 and residential use in the I-3 District; 5.07 (f) • Subject to §5.07 Affordable housing requirements Special Permit Granting Authority: Zoning Board of Appeals Site Plan Review Meeting(s): April 29, 2014; June 24, 2014; & February 24, 2015 Date of Staff Report/Addendum: April 3, 2015/May 15, 2015 Staff Recommendation: Conditional Approval Planning Board Meeting: Scheduled March 11, 2015, continued to April 8, May 13 and May 21 2015 Zoning Board Hearing: Scheduled March 25, 2015, continued to April 22, and May 27 2015 56 Irving Street May 15, 2015 ZBA-2015-07 SP/SR Staff Report Addendum Page 2 of 8 Under the Analysis and Findings, the initial Staff Report suggested several areas of the proposed project that did not comply with the draft Design Standards. Since the last meeting, the project has been updated and several aspects of the draft language have been clarified. Between the site modifications and the clarifications to the Design Standards, the project now complies with the Design Standards, as indicated in the updated control documents, Sheet T0.02. revised 5/1/2015. Within the initial staff report, Analysis and Findings within Plan Consistency - Design Guidelines and Standards, in progress (October 2014 – April 2015) there were eight items that need to be considered in order to find that the project was compliant with the Zoning Amendments. Design Standards (Zoning Compliance): The Design Standards are legal amendments to the Zoning Ordinance. The Planning Board opened the public hearing for the adoption of the suggested amendments on March 31, 2015. At this time, the project has been modified to comply with all suggested language. Since the language has not been adopted as of this Staff Report, a condition would suggest that there be an allowance to make a determination on site plan and design changes to comply with the final adopted Design Standards (Zoning Ordinance) by the Director of DCDP. The following provides an updated list of outstanding Zoning Design Standards requirements that are suggested conditions of the approval: 1. Article VI – Automotive parking and bicycle parking are now compliant with the draft Design Standards. If the final language is modified, this component of the project may need to be modified with review and approval by DCDP. 2. A solar assessment shall be completed with written documentation identifying what steps will be taken, which are in the recommended conditions. 3. The project shall show LEED certifiability. This will be required as a recommended condition prior to occupancy. Special Permit Criteria §9.05(b) 1. There will be no nuisance or serious hazard to vehicles and pedestrians. Conditionally Met: Analysis and findings in regard to issues of traffic and offsite improvements and mitigation were withheld from the initial Staff Report in order for review to be completed by the Town’s Traffic Peer Review Consultant and DPW. In the initial review of the project pedestrian circulation, some barriers to pedestrian circulation were identified. Those barriers have been mostly addressed. For instance, the sidewalk under the ‘bridge’ between the two buildings now provides a clear path for pedestrians. Further, the east-west pedestrian route now has a continuous connection from Irving Street to the eastern private way and there is a pedestrian connection to Phillips Street. A condition of the approval is suggested that the connection to Phillips has final review and approval by DCDP and that any access across Town owned property shall have Town review and approval of design and installation. Traffic Review and Findings: The project was reviewed by DCDP staff, DPW and Town Engineer, and the Town Peer Review Consultant. The initial Traffic Impact Assessment (TIA) was submitted February 05, 2015 and was subsequently amended March 18, 2015. The initial review by the Town (February 23, 2015) requested the update include the modified development program and updated roadway improvements associated from the previously approved mixed-use develop to the east (202-204 Arsenal Street). After updating the TIA the Town received an initial Peer Review dated April 9, 2015 with several items that needed to be addressed. 56 Irving Street May 15, 2015 ZBA-2015-07 SP/SR Staff Report Addendum Page 3 of 8 The petitioner responded to the areas of concern and a final Peer Review letter was received May 6, 2015. The petitioner has addressed all Town identified concerns and has provided a revised Transportation Improvement Program for Elan Union Market, originally dated April 28 and revised May 6, 2015. The Town finds that the suggested improvements are acceptable and will provide offsite improvements. The Petitioner and the Town has agreed to a total contribution of $1,250,000 in offsite improvements as identified in the referenced document. The petitioner has agreed to allow the funds to be reallocated to other public improvement projects, with allocation of funds to be determined by the DCDP Director and DPW. V. Staff Recommendation: Based on the finding that the proposed project meets the criteria set forth under §9.03(c), §9.05 (b), and with the general purpose of the Ordinance outlined in §1.00 of the WZO, Staff recommends that a Special Permit with Site Plan Review under §5.01.1(k) - Mixed-use development greater than 3 units; §5.05(i) and §5.07(f) be granted with the following conditions: # Condition Timeframe for Compliance To be Verified by 1. Control Documents. This approval is based upon the application materials and the Control Documents titled “Special Permit/Site Plan Review, February 9, 2015 ELAN/UNION MARKET, Irving and Arsenal, Watertown, MA” by the architectural team (tat) for Greystar GP II, LLC, dated March 21, 2014, Revision date of 2/9/15 and 3/31/15 submitted by the Petitioner, as modified by these conditions: 1. T0.01 Cover 2. T0.02 Project Information; revision 3/31/15 3. ABB1 Abbreviations & Notes; Allen & Major Associates, Inc. (Steve Chouinard) 4. EC-1 Existing Conditions Plan; Allen & Major Associates, Inc. (Kevin J. Kiernan) 5. EC-2 Existing Conditions Plan; Allen & Major Associates, Inc. (Kevin J. Kiernan) 6. C-1 Demolition Plan; Allen & Major Associates, Inc. (Steve Chouinard) 7. C-2 Layout, Materials & Circulation Plan; Allen & Major Associates, Inc. (Steve Chouinard); revision 3/31/15 8. C-3 Grading & Drainage Plan; Allen & Major Associates, Inc. (Steve Chouinard); revision 3/31/15 9. C-4 Utility Plan; Allen & Major Associates, Inc. (Steve Chouinard); revision 3/31/15 10. C-5 Erosion Control Plan; Allen & Major Associates, Inc. (Steve Chouinard) 11. C-6 Details; Allen & Major Associates, Inc. (Steve Chouinard) 12. D-1 Details (second sheet); Allen & Major Associates, Inc. (Steve Chouinard) 13. D-2 Details (third sheet); Allen & Major Associates, Inc. (Steve Chouinard) 14. D-3 Details (fourth sheet); Allen & Major Associates, Inc. (Steve Chouinard) 15. L-01 Illustrative Landscape Plan; tat 2/10/15 (Blaire Hines, Landscape Architect); revision 3/31/15 16. L-02.0 Overall Planting Plan; tat 2/10/15 (Blaire Hines, Landscape Architect); revision 3/31/15 17. L-2.1 Overall Planting Plan tat 2/10/15 (Blaire Hines, Landscape Architect); revision 3/31/15 18. L-3.0 Illustrative Site Lighting Plan; tat 2/10/15 (Blaire Hines, Landscape Architect); revision 3/31/15 19. L-3.1 Illustrative Site Lighting Cut Sheets; tat 2/10/15 (Blaire Hines, Landscape Perpetual ZEO/ ISD 56 Irving Street May 15, 2015 ZBA-2015-07 SP/SR Staff Report Addendum Page 4 of 8 # Condition Timeframe for Compliance To be Verified by Architect); revision 3/31/15 20. LD-01 Sections; tat 2/10/15 (Blaire Hines, Landscape Architect); revision 3/31/15 21. LD-02 Sections; tat 2/10/15 (Blaire Hines, Landscape Architect); revision 3/31/15 22. A1.01 Floor Plans – Overall; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu 23. A1.02 Floor Plans - Overall; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu 24. A1.03 Floor Plans - Overall; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu 25. A2.50 Enlarged Unit Plans; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu 26. A2.90 Affordable & Accessible Dwelling Unit Locations; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu; revision 3/31/15 27. A4.01 Exterior Elevations; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu 28. A4.02 Exterior Elevations; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu 29. A4.03 Exterior Elevations; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu 30. A4.04 Exterior Elevations; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu 31. A4.05 Exterior Elevations; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu 32. A4.06 Exterior Elevations; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu 33. A5.01 Building Sections; tat 2/9/15 (Greystar & Oaktree FX), Michael Liu 34. A5.02 Building Sections; tat 3/21/14 (Greystar & Oaktree FX), Michael Liu 35. A5.02 Building Sections; tat 3/21/14 (Greystar & Oaktree FX), Michael Liu 2. Plan Modifications. Neither the Petitioners 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 Director, Zoning Enforcement Officer, and Building 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 that do not change the number of bedrooms, may be considered and approved by the DCDP Director that are found to be consistent with the project approval granted by the Special Permit Granting Authority. Aspects of the Control Documents, such as the number of parking spaces provided, shall be allowed to be updated to comply with the approved zoning language of the 2015 Design Standards and Guidelines Project, as initially advertised March 13, 2015, through a review and approval process as determined by the DCDP Director, which process shall not require a public hearing. Perpetual ZEO/ DCDP 3. Recordation. Upon application for a Building Permit, the Petitioners shall provide evidence to the Zoning Enforcement Officer that this entire decision has been filed with the Registry of Deeds, and/or Land Court. BP ZEO 4. Codes/Regulation Compliance. The Petitioners shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. CO ZEO/ ISD 5. Certificate of Occupancy/Final Inspection. A copy of the Building Permit with final approval signatures from all relevant inspectors must be submitted to the Zoning Enforcement Officer upon completion of the project. CO ZEO 56 Irving Street May 15, 2015 ZBA-2015-07 SP/SR Staff Report Addendum Page 5 of 8 # Condition Timeframe for Compliance To be Verified by 6. As-Built(s). The Petitioners shall: 1. Submit a certified "as-built" foundation plot plan showing all dimensional setbacks at the time of foundation inspection for Building and Zoning. 2. As-built plans, showing site utilities, layout, topography and other pertinent information, for the project shall be submitted to and approved by DPW upon completion of construction activities and prior to issuing a Certificate of Occupancy. The plan shall specify how the completed plan differs from that shown on the plans referred to in the Permit Conditions. Two copies of the final as-built plans shall be submitted, one mylar and one paper copy, and shall be on the same scale as the plan referenced in the Permit Conditions. BP/CO ZEO/ISD/ DPW 7. Demolition/Construction. The Petitioners and/or Site Contractor shall: 1. Provide a plan for the control and mitigation of accumulation of standing water for the prevention of vector borne diseases to the Health Department (Nuisance Control Regulation Section 3F.) 2. Provide a plan for the control and mitigation of on-site noise, odors, dust, asbestos, and rodent abatement to the Health Department. 3. Provide a plan that includes protection measures for existing trees on and around the site. 4. Submit a plan for vehicle parking and traffic management during construction and minimize use of neighborhood streets for construction purposes. 5. A phasing plan for the project shall be submitted and approved by the DPW prior to issuance of a Building Permit. 6. Provide a construction inspector to represent the Town during relocation of municipal utilities and right-of-way work. The inspector shall be engaged by the Town, with funding from the Applicant. Funds shall be deposited in escrow account and withdrawn as needed. The inspection schedule and budget shall be based on the information provided by the Applicant and approved by the DPW in the phasing plan. Prior to Demo Permit Health and/or Police 8. Signage. No signs shall be permitted except those that meet the signage requirements in Article 7 of the WZO, and those shall be subject to a separate review and permit process. Perpetual Planning 9. 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 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 10. Affordable Housing. The Petitioners shall prepare and submit a Local Action Unit application to the States Local Initiative Program and shall comply with all the requirements of the Massachusetts Department of Housing & Community Development in order for the 35 affordable units to be included on the State’s Subsidized Housing Inventory. BP Planning 56 Irving Street May 15, 2015 ZBA-2015-07 SP/SR Staff Report Addendum Page 6 of 8 # Condition Timeframe for Compliance To be Verified by 11. Utilties/Sewer/Stormwater. DPW review and final approval of the stormwater plan and sewer system design and connections are required prior to Building Permit. The Petitioner shall: 1. DPW will require a sanitary sewer capacity analysis to assess the ability of the Town’s sewer infrastructure to accept the new flows. The Applicant shall be required to remove three (3) gallons of inflow/infiltration from the sewer system for each one (1) gallon of wastewater generated at the site, using estimates based on Title V. Any deficiency must be addressed with review and approval by DPW. 2. Provide a report detailing an inspection of the sewer line for the project’s connection to the municipal service. 3. Provide a Stormwater Pollution Prevention Plan and file the required Notice of Intent with the EPA prior to issuance of any permits from DPW. 4. Copies of all post-construction stormwater management inspection and maintenance records and invoices shall be kept for a period of five years and be made available to DPW upon request. 5. Provide profiles of the proposed relocated municipal utilities for approval by the DPW prior to issuance of a Building Permit. 6. Provide cross-sections showing the horizontal and vertical location of the walls in relation to the recharge system in order to demonstrate that the walls will have no impact on the performance of the infiltration systems. BP ZEO/DWP 12. Transportation/ROW Improvements. 1. The Petitioner has agreed to a Transportation Improvement Program (April 28, 2015, revised May 6, 2015) with a total contribution of $1,250,000 in offsite improvements as identified in the referenced document. The petitioner has agreed to allow the funds to be reallocated to other public improvement projects if necessary, with allocation of funds to be determined by the DCDP Director and DPW. 2. Traffic Monitoring – If counts are greater than predicted, onsite (10%), additional traffic counts on and/or offsite may be required, as determined by the Director of DCDP. 3. In addition to the Transportation Improvement Program, the petitioner agrees to participate in the formation of and continued participation in a Transportation Management Association (TMA), which would include shuttle service serving the corridor, including financial contributions in a proportionate share. 4. The eastern access/private way shall not be used for heavy industrial uses. 5. Final details of any road/ROW improvements shall be reviewed and approved by DPW and DCDP Director 1. CO 2. CO 3. Perpetua l 4. Perpetua l 5. BP DCDP/DP W/ ZEO 56 Irving Street May 15, 2015 ZBA-2015-07 SP/SR Staff Report Addendum Page 7 of 8 # Condition Timeframe for Compliance To be Verified by 13. Landscaping and Site Plan. The Petitioners shall: 1. Install sidewalk, granite curbing, and street trees, where appropriate, along the property frontages on Irving and Arsenal Street per DPW and/or the Tree Warden’s requirements, including structural soil where necessary. 2. Provide pedestrian accommodation, as shown on Control Plans, along the northern driveway/private way. 3. Provide wayfinding signage/plan for site access - including through access signs at Irving Street and from the potential access points along Arsenal Street and Phillips Street with review and approval by DCDP Staff. 4. Provide all necessary easements for on-site sidewalks/ pedestrian/bicycle access, utilities, and public safety. Provide easement plans and supporting documentation to discontinue any existing municipal sewer and drain easements and create sewer and drain easements for the newly relocated pipes. All sewer and drain easements shall be a minimum of 30-feet wide. Easement plans and documentation suitable for acceptance by the Town Council shall be provided prior to issuance of a Certificate of Occupancy. Additionally, obtain the necessary easement from the Town for the fire access 5. Provide appropriate landscape screening for all transformers with approval by DCDP Staff. 6. Ensure pedestrian crossings at the east garage entrance are clear (ADA compliant) and that the pedestrian pervious paver zone to the north is safely demarcated from the drive aisles of the Private Way with review and approval by DPW and DCDP Staff. 7. Remove the 6’ fencing adjacent to the Phillips Street sidewalk extension. 8. The Town owned former RR land identified as Phillips Street ROW should be further surveyed and designed to ensure good pedestrian/bicycle options, landscaping, and proposed parking indicated and the area used for fire access in coordination with DCDP and final okay by the Director of DCDP. 9. The ownership and maintenance of the ‘West’ Parcel Community Park shall be finalized with review and approval by DCDP Director. 10. Landscape Plans shall be subject to review and approval by DCPD Staff for species appropriateness, mix, size, quantity, and spacing. 11. All exterior lighting for the site shall be fully shielded and full cutoff and shall be subject to a final review and approval by DCPD Staff prior to issuance of a Building Permit. 12. Garage Lighting - In order to address concerns of views and visible lighting from the neighborhood, all lighting shall be wall mounted or bollard style lighting on the top open areas of the garage with review and approval by DCDP staff. BP/Perpetu al DCDP 14. Parking/Bicycle/Vehicle. The Petitioners has agreed to: 1. Provide 86 interior bicycle parking spaces with the allocation to residential and commercial/retail to be determined by demand. DCDP Staff shall provide a final review of the rack style and allocation, if necessary, between residential and commercial. 2. Install five electric car parking space and three car share spaces as shown on the Control Plans, within the public area of the garage or as determined by DCDP Staff. BP ZEO 56 Irving Street May 15, 2015 ZBA-2015-07 SP/SR Staff Report Addendum Page 8 of 8 # Condition Timeframe for Compliance To be Verified by 15. Refuse. The Petitioners shall provide a narrative that describes the method of solid waste disposal and recycling from all proposed buildings, including the residential component. In addition, all trash and recycling shall be collected by a private waste management company. BP/Perpetu al ZEO 16. Energy Assessment. The project shall have an energy assessment completed to determine the viability of a photovoltaic system. The petitioner shall indicate, in writing, what actions/outcomes will be taken with a copy of the assessment, to DCDP. BP ZEO/DCDP 17. LEED Certifiable. The project shall submit documentation that the project is LEED certifiable, including the necessary checklist indicating items provided. BP ZEO/DCDP 18. Community Path. The Petitioner has agreed to provide appropriate improvements to accommodate the Community Path the distance of the property frontage on Arsenal Street with review and approval by DCDP and DPW. Final design shall be consistent with adjacent segments. Specifically, the following should be considered: Maximize landscape plantings within the 3’ buffer adjacent to the street curb and ensure the sidewalk and Community Path are in the same plane/at the same grade. BP DCDP 19. Prior Approvals. All previous approvals and conditions of special permits and variances relating to any part of this site shall be nullified as part of this approval. Perpetual ZEO