HomeMy Public PortalAboutZBA-2012-02-Staff Report_Summer St_20TOWN OF WATERTOWN
Department of
Community Development and Planning
Case #:
Subject Property:
Parcel ID #:
Zoning District:
Petitioner:
Owner:
Zoning Relief Sought:
Granting Authority:
Site Plan Review Meeting:
Staff Report:
Staff Recommendation:
Planning Board Meeting:
Zoning Board of Appeals Hearing:
STAFF REPORT
ZBA-2012-02 SP/SR
20 Summer Street
1008-3A-0
CB (Central Business) Zoning District
Weston Associates Development Company, Inc.
170 Newbury St., Boston, MA
New England Fuel Institute Foundation, Inc.
20 Summer St., Watertown, MA
Special Permit with Site Plan Review -
§5.01.2(h), Assisted Living Facility
Zoning Board of Appeals
January 3, 2012
February 2, 2012
Conditional Approval SP/SR
Scheduled: February 8, 2012
Scheduled: February 22, 2012
I. Public Notice (M.G.L. c. 40A, §11)
A. Procedural Summary
Petition PB-2012-02 SP/SR is scheduled to be heard by the Planning Board February 8, 2012 and
the Zoning Board of Appeals on February 22, 2012. 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 & Press) on 2/3/2012 and 2/10/2012;
• Posted at the Town Administration Building and on the Town Website on 2/8/2012; and,
• Mailed to Parties in Interest on 01/25/2012.
Page 1 of 9
20 Summer Street
ZBA-2012-02 SP/SR
B. Legal Notice
Staff Report
02/02/2012
"20 Summer Street — Weston Associates Development Company, Inc. — Special Permit/SPR
David Mackay, Weston Assoc. Development Co., Inc., 170 Newbury Street, Boston, MA 02116, herein requests the
Zoning Board of Appeals to grant a Special Permit with Site Plan Review in accordance with §5.01.2(h), Assisted
Living Facility, Zoning Ordinance, so as to raze an existing building, formerly known as New England Fuel Institute
and construct a 5 -story, approximately 81,000 sf., 90 -unit assisted living facility including 1,500 sf. 1st level retail
space with 48 parking spaces (3 exterior; 45 under) and further §4.10, Exceptions to Height, Zoning Ordinance, to
construct a 900 sf penthouse equipment room at 20 Summer Street, located in the CB (Central Business) Zoning
District"
II. Description
A. Site Characteristics
The subject property consists of a single tax parcel situated on the southeast corner of Summer St.
and Spring St. Currently, there is a single -story building on the site that was updated to an office
building around 1960. Records show that the site has been used commercially since the 1920s when
the Spring St. Garage was first established. The current building has an approximate footprint of
14,375 s.f. and the lot is approximately 30,088 s.f. Current parking for the use is along the front of
the building on Summer St. and along the left interior side yard closest to Mt. Auburn St. Nearly
completely paved, the site has little vegetation/landscaping or other pervious area.
Facing south toward Watertown Square
Facing west on Summer Street
Page 2 of 9
20 Summer Street
ZBA-2012-02 SP/SR
B. Surrounding Land Use
Staff Report
02/02/2012
The project site is located one block north of Watertown Square and is one block west of Mt Auburn
St. The site is in the northeast corner of the Central Business Zoning District. The entire
Summer/Spring intersection is zoned CB. The surrounding properties are primarily
commercial/residential mixed use with a few office/commercial only buildings. Residential uses
become more predominant to the north and west where the zones change to R.75 on the northeast
side of Spring St. and to the T Zoning District to the northwest.
C. Nature of the Request
The Petitioner has requested that the Zoning Board of Appeals grant a Special Permit with Site Plan
Review in accordance with §5.01.2(h), Assisted Living Facility. The existing New England Fuel Institute
structure would be razed in order to construct an approximately 81,000 s.f. five (5) -story mixed -use
structure,. that would contain 90 -assisted living units on the 2nd through 5th floors. The first floor would
include a 1,500 s.f. retail space and a 350 s.f. hair care space that would be open to the public on days that
it was not dedicated to appointments for the assisted living facility. The remainder of the first floor would
be dedicated to services and dining for the assisted living facility as well as the main entrance, foyer, and
office for the facility. There would be a total of 48 vehicular parking spaces provided with three (3)
exterior spaces and 45 spaces located under the building. The project also proposes to provide an
expanded sidewalk and sitting area on the parcel along Summer Street as well as an option for creating
four (4) on -street parking spaces. Garden/open space areas are proposed for residents on the south side of
the building (3,420 s.f.) and on the second floor green roof (3,600 s.f.) which will have a garden patio and
plantings to serve the residents of the dedicated Alzheimer's unit
III. PUBLIC COMMENT
No written comments were received at the time this report was written.
W. FINDINGS
Within the CB Zoning District, the Zoning Board of Appeals is the Special Permit Granting
Authority. The request must meet the four conditions of approval for a Special Permit as set forth in
§9.05(b) as well as consider the 10 criteria for Site Plan Review as set forth in §9.03(c) all within the
parameters of § 1.00, Purpose, Watertown Zoning Ordinance.
A. Plan Consistency
The proposed development is in keeping with the goals and implementation strategies of relevant plans.
1. Watertown Growth Management Plan, 12/01/1988
• Require that at least the ground floor of all new ... projects in Watertown Square be designed
for commercial purposes.
• Support commercial preservation in the Square by permitting residential use only as part of
mixed -use development.
2. Watertown Community Development Plan, 07/2004
• ...make Watertown Square a focus for community and lively destination for visitors by
encouraging a mix of business that attracts foot traffic and browsing...
Page 3 of 9
20 Summer Street
ZBA-2012-02 SP/SR
Staff Report
02/02/2012
• Revitalize Watertown Square by upgrading the streetscape, supporting the business
community and selectively stimulating mixed -use redevelopment.
3. Strategic Framework for Economic Development, 08/02/2011
• Goal 4 — Shape the character of new development: set expectations for high quality, attractive
architecture and site design that minimizes impacts on the environment.
These plans lay a framework for development within the Central Business Zoning District. The proposed
use and building design will enhance the commercial and built environment, providing a mixed -use
development to anchor the Summer and Spring Street intersection and will provide a key gateway
redevelopment for a revitalized Central Business Zoning District.
B. Special Permit — Site Plan Review §5.01.2(h), Assisted Living Facility:
In order to grant a Special Permit, the Planning Board must find that it meets the following
conditions of approval for a Special Permit as set forth in §9.05(b) of the WZO.
1. The specific site is an appropriate location for such a use, structure, or condition.
Met: The site has been part of the commercial fabric of Watertown Square since at least the 1920s
and the zoning reflects this. The CB zone allows for mixed -use developments with assisted living
projects where residential units are located above the ground floor. This project provides a mix of
uses with retail, service, and office use on the first floor and all residential units are in the floors
above. The site is adequate in size to accommodate the building and to provide parking. The
location is situated in an area that is close to transit and other amenities that will provide needed
services for the assisted living residences.
2. The use as developed will not adversely affect the neighborhood.
Met: The proposal provides a setback of approximately 7' along Summer Street with an extension of
the sidewalk on the parcel and a sitting area at the intersection. That side of the building will have
several street trees and the preferred proposal calls for four on -street parking spaces. The parking,
trees, sitting area and wider sidewalk will provide an improved pedestrian area along Summer St and
will provide a transition from the residential uses to the north and west. The operations of the facility
has three shifts of 20 employees and the shifts will not transition during peak traffic periods so the
traffic impact will be minimized for employees. Typically, residents will not have vehicles so
visitors will have approximately 20 spaces available in the parking garage. Parking meets the zoning
requirements for the proposed use. The building will be taller than many historic structures in the
area but the design will provide an urban streetscape and will fit well with the structures to the south
of the proposal. There are other buildings within the CB District with more stature and this will help
define the edge of the urban fabric within the Square. The zoning for this district allows the
dimensions of the structure, as proposed.
3. There will be no nuisance or serious hazard to vehicles and pedestrians.
Met: The proposal provides increased sidewalk width on Summer Street and decreases the number
of curb cuts. There are adequate and accessible exits for residents and the entrance to the garage is
set back from the intersection as far as possible. Parking and drive aisles meet minimum dimensional
requirements and provide easy access to the internal elevator and the exit ramp. There is room on the
Page 4 of 9
20 Summer Street
ZBA-2012-02 SP/SR
Staff Report
02/02/2012
site for vehicle cueing prior to exiting onto Spring Street. No nuisances or hazards appear to be
created and some have been removed in regard to pedestrians and vehicles on the site.
4. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.
Met: The development appears to provide adequate and appropriate facilities and meets all building,
health, and safety requirements. Vehicular parking is provided in the required amount, providing 48
spaces as well as 4 public parking spaces proposed for Sumer Street. Bicycle parking is in excess of
the required 4 spaces with 8 racks provided that can accommodate 16 bicycles, of which half are
provided in the protected and sheltered parking garage for longer -term staff and resident parking and
the other half provided in the covered entrance area. Adequate and accessible pedestrian walkways
are provided within the proposed garden. Adequate access is provided for emergency equipment
when calls are required and most emergency services will be provided by an on -call private EMS
provider commissioned by the facility.
A. §9.03 (c), Site Plan Review
A preliminary site plan review meeting for the proposal occurred on January 3, 2012. The Site Plan
Review Committee made recommendations for improving the parking access, for pedestrian flow,
accessibility, emergency response, and open space and landscaping. The committee reviewed the ten
criteria for Site Plan Review provided in §9.03(c) of the WZO and made the following findings:
1. Preservation of Landscape: "The landscape shall be preserved in its natural state, insofar
as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with
the general appearance of neighboring developed areas. Adequate landscaping shall also be
provided, including screening of adjacent residential uses, provision of street trees, landscape
islands in the parking lot and a landscape buffer along the street frontage"
Conditionally Met: Current conditions include little landscaping or open space on the site with the
buildings and parking using the majority of the site, other than a few shrubs in a small foundation
planting along the western side of the structure. The project will provide an increase in landscaping
and open space with a green roof on the second level and an outside garden area to the south of the
building. There will be a public sitting area at the intersection of Spring and Summer Streets. Street
trees are proposed for Summer St. and there will be shade trees provided along the east and south
side of the building for the garden and to provide landscaped buffers between uses. In accordance
with the CB zoning, the building is not setback from the street, however planters have been proposed
to add some additional planting and variety and street trees will provide some visual breaks to the
architecture. Landscape materials appear to provide required buffering. Final species selection and
tree pits for sidewalk installations shall be reviewed and approved by the Watertown Tree Warden.
Page 5 of 9
20 Summer Street
ZBA-2012-02 SP/SR
Staff Report
02/02/2012
2. Relation of Buildings to Environment: "Proposed development shall be integrated into the
terrain and the use, scale and architecture of existing buildings in the vicinity and shall be in
accordance with the Comprehensive Plan or other plans adopted by the Town guiding future
development. The Planning Board may require a modification in massing so as to reduce the effect of
shadows on abutting property in all districts or on public open space."
Met: The proposal fits within the context of the Central Business Zoning District by providing a mix
of uses with many transparent windows and a retail business space on the ground floor to activate the
street. The site is on the back side of a block of historic storefronts facing Mt. Auburn St. and is at an
intersection that serves as the exit to the municipal parking lot which serves the entire district.
Having an activated street front will encourage more pedestrian activity and will support more
businesses. The building directly to the southwest was built at a similar height and provides mixed -
use retail space on the ground floor. The plans have indicated that this site should reflect a business
and mixed use development style and the zoning reflects this desired future development pattern.
The surrounding properties to the east and north are a mix of residential and commercial uses in
redeveloped residentially scaled structures. There is also a mix of large scale apartments along
Spring Street.
The shadow study prepared for the project indicates that the impact to surrounding properties to the
north and west should be no greater than that which those properties already create for their
neighbors. Throughout the spring, summer, and fall, there will not be significant increased shadows
cast on these properties because the road provides a substantial buffer. By December, the proposed
building's shadow hits surrounding structures, moving from west to east as the day progresses. The
house to the east of the project is the most impacted by shadow and scale of the structure. Because of
this, the project offsets some of this impact by setting the building back from eastern property line
between approximately 12' and 22' and by providing increased landscaping and decorative fencing.
3. Open Space: "All open space required by this Zoning Ordinance shall be so designed as to
maximize its visibility for persons passing the site, encourage social interaction, maximize its utility,
and facilitate its maintenance."
Met: Watertown Square has many buildings built directly adjacent to the street/sidewalk with any
open space provided to the rear or sides of buildings. Zoning has encouraged a continuation of this
development style with no setback requirements. This building proposes open space on a part of the
rooftop and within a rear courtyard area. The open space proposed for the street is more urban in
nature with a widened sidewalk and street trees as well as a sitting area at the Spring/Summer
intersection.
4. Circulation: "Special attention shall be given to traffic circulation, parking areas and
access points to public streets and community facilities in order to maximize convenience and safety
of vehicular, bicycle and pedestrian movement within the site and in relation to adjacent streets."
Met: The Site Plan Review Committee recommended an angle on the wall of the ramp to the
parking area which was included in the current proposal. The exit and parking area was modified to
allow a more clearly marked exit from the site onto Spring St. Resident access to the rear and side of
the site was improved to allow better accessibility from the site to the street.
Page 6 of 9
20 Summer Street
ZBA-2012-02 SP/SR
Staff Report
02/02/2012
5. Surface Water Drainage: "Special attention shall be given to proper site surface drainage
so that removal of surface waters will not adversely affect neighboring properties or the public storm
drainage system. Proposed developments shall seek to retain storm water runoff on site to the
maximum extent possible, incorporating best practices in storm water management and Low Impact
Design techniques. In cases where storm water cannot be retained on site, storm water shall be
removed from all roofs, canopies and paved areas and carried away in an underground drainage
system."
Conditionally Met: The proposal plans on providing post -development run-off at a lower rate than
existing conditions. Review and approval of the stormwater system by the Department of Public
Works (DPW) will be a required condition for approval of the SP/SR.
6. Utility Service: "Electric, telephone, cable TV and other such lines and equipment shall be
underground. The proposed method of sanitary sewage disposal and solid waste disposal from all
buildings shall be indicated."
Conditionally Met: Utility connections and service will require review and final approval by DPW
and will be a required condition for approval of the SP/SR.
7. Environmental Sustainability: `Proposed developments shall seek to diminish the heat
island effect; employ energy conscious design with regard to orientation, building materials and
shading; utilize energy -efficient technology and renewable energy resources; and minimize water
use.
Met: The building is designed to be high-performance with mechanical and electrical systems
designed to meet goals for LEED certification, although there is no indication that the project will be
LEED certified. There will be a green roof which will help with reducing the heat-island effect and
will also provide some storm -water retention and a vegetated open space for residents. Native
landscaping will support water -efficiency on the exterior and there will be water -efficient plumbing
fixtures to minimize water use.
8. Screening: "Screening, such as screen plantings, shall be provided for exposed storage
areas, exposed machinery installations, service areas, truck loading areas, utility buildings and
structures, and similar accessory areas and structures in order to prevent their being incongruous
with the existing or contemplated environment and the surrounding properties."
Met: Screening at the ground floor level is provide in the form of decorative fencing with brick
columns and black metal fencing. HVAC and other rooftop equipment is screened or inside the
penthouse structure. Parking is below grade and dumpsters are behind a wall within the loading area.
9. Safety: "With respect to personal safety, all open and enclosed spaces shall be designed to
facilitate building evacuation and maximize accessibility by fire, police, and other emergency
personnel and equipment."
Conditionally Met: Interior and exterior areas of the project meet the requirements for access and
evacuation. The proposed parking area on Summer St. would provide an additional area for
emergency vehicles but otherwise would not cause any safety concerns. An evacuation plan will be
required prior to building permit approval.
Page 7 of 9
20 Summer Street
ZBA-2012-02 SP/SR
Staff Report
02/02/2012
10. Design: "Proposed developments shall seek to protect abutting properties from detrimental
site characteristics resulting from the proposed use, including but not limited to air and water
pollution, noise, odor, heat, flood, dust vibration, lights or visually offensive structures or site
features."
Met: The abutting properties will have increased shade but the project proposal sets the building
back from the neighboring property to the east between approximately 12' and 22'. Proposed shade
trees add a landscaped buffer on the south and east sides of the building. The building is setback
approximately 7' from the northerly property line to allow for on -street parking or increased
sidewalk and tree planting. All exterior lights will be full cutoff fixtures to prevent light from
shining on adjacent properties and the site design with HVAC and emergency equipment located on
the roof minimizes the impact of noise and pollution on abutters.
V. STAFF RECOMMENDATIONS:
Staff finds that the petition for a Special Permit with Site Plan Review will meet the criteria set
forth under §9.05 (b); adequately addresses the Site Plan Review criteria as set forth in §9.03 (c); and
meets with the general purpose of the Ordinance outlined in § 1.00 of the WZO. Staff recommends
that the request be granted conditional approval to allow the construction of a mixed -use building
with a 90 unit assisted living facility and first floor retail space.
VI. CONDITIONS:
#
Condition
Timeframe
for
Compliance
To be
Verified
by
1
These approvals are based upon the following application materials
and the control plans submitted by the Petitioner and/or the
contractor:
The Plan Set dated and stamped received 02/01/2012, titled "20 Summer
Street Development Special Permit Submission" for Weston Associates,
Inc., by Spalding Tougias Architects Inc., Land International LLC
(Landscape Architect), and McKenzie Engineering Group, with drawings:
A-0, C-1, C-2, C -2A, C-3, C -3A, C-4, C-5, C-6, A-1, A -1A, A-2, A-3, A-
4, A-5, A-6, A-7, A-8, L -1A, L -1B, L-2
Perpetual
ZEO/
ISD
2.
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 DCD&P, Zoning Enforcement
Officer, and Building Inspector, 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 DCD&P Director which are found to be consistent
with the project approval granted by the Granting Authority.
CO'
Perpetual
ZEO/ISD
3.
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.
BP
ZEO
Page 8 of 9
20 Summer Street
ZBA-2012-02 SP/SR
Staff Report
02/02/2012
Condition
Timeframe
for
Compliance
To be
Verified
by
#
4
The Petitioner shall comply with all other applicable local, state,
and federal requirements, ordinances, and statutes.
CO,
Perpetual
ZEO/ISD
5
A certified "as -built" foundation plot plan must be submitted to the
Building Inspector and Zoning Enforcement Officer prior to
commencing with structural framing. Said as -built plans shall
show all dimensional setbacks.
BP
ZEO/
ISD
6.
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
An evacuation plan for the building will be required prior to7.
building permit approval.
BP
ZEO
8.
Sewer line capacity will be evaluated and any improvements
deemed necessary by DPW will be incorporated. Utility and
Stormwater facilities will also require final approval by DPW.
BP
ZEO
9.
Any work within the Right of Way will require review and
approval from DPW and Mass DOT, including the addition of
parking spaces.
BP
ZEO
10.
All areas indicated as sidewalks within the boundaries of the lot
shall be open to the public and shall not be modified without prior
approval by the Granting Authority and other relevant public
officials.
Perpetual
ZEO
11.
Final species selection, tree pit design, and planting for all street
trees installations shall be reviewed and approved by the Town of
Watertown Tree Warden.
BP
Tree
Warden
12
Deliveries shall be allowed from Mt. Auburn St. on Summer St.
and from Main St using that portion of Spring St. between Main St.
and Summer St. No deliveries are to use Spring St. to the north of
Summer St., or Summer St. from the west.
Perpetual
ZEO
3
The facility will have private contracted Emergency Medical1
Service on -call.
Perpetual
ZEO
14.
The existing structure should be dismantled in such a way that
recyclable or reusable material is diverted from the landfill to the
greatest extent practicable.
Demolition
ZEO
15.
The loading area shall have similar materials as the other areas of
the exterior with final review and approval by DCD&P staff.
BP
DCDP
Page 9 of 9
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The data shown on this site are
provided for informational and
planning purposes only. The
Town and its consultants are not
responsible for the misuse or
misrepresentation of the data.
Towi Boundary
Abutting Tomes
Open Water
Zoning
Q Cluster Residential-CR
Q Residertial -R.75
Q Residertial -R1.2
Industrial -11
Q Industrial -12
Industrial -13
CB Central Business
j Limited Business -LB
Neighborhood Business - N
Sinye Family -S10
Q Sinye Family -S6
Q Sinye Family Corrversien-S
Tv\oFemily-T
Q Open Spaoe/Conservency- SC
Pleasart St Ccnidcr Dist -P CD
0
36
72 m
Location of 20 Summer St.