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Home My Public Portal AboutWatertown_St_124_PB_ReportTOWN 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 Board Members: John B. Hawes, Jr., Chairman Linda Tuttle -Barletta Jeffrey W. Brown Fergal Brennock Neal Corbett Planning Board Report On August 8, 2012 with four (4) members of the Planning Board (the Board) present, case number ZBA- 2012-17 VAR was considered for a Variance to be heard by the Zoning Board of Appeals on August 22, 2012. The Board submits the following report, as requested, to aid the Zoning Board of Appeals in deciding the application before it. Case #: Subject Property: Parcel ID #: Zoning District: Petitioner: Zoning Relief Sought: Granting Authority: Date of Staff Report: Staff Recommendation: Date of Planning Board Meeting: Date of Planning Board Report: Planning Board Vote: Date of ZBA Hearing: ZBA-2012-17 VAR 124 Watertown Street 340 118 2 T (Two Family) Zoning District Devi Trust, P.L. Hingorani Trustee 51 Mt. Joy Dr., Tewksbury, MA 01876 Variances- §7.03(a)1, Front Yard Setback & §7.04, Signs Allowed in the T -zone Zoning Board of Appeals July 27, 2012 Conditional Approval August 8, 2012 August 13, 2012 4-0, Conditional Approval Scheduled: August 22, 2012 Page 1 of 5 124 Watertown St August 13, 2012 Petition ZBA-2012-17 VAR Planning Board Report I. Public Notice (M.G.L. c. 40A, rz11) A. Procedural Summary Petition PB-2012-17 VAR is scheduled to be heard by the Planning Board on August 8, 2012 and the Zoning Board of Appeals on August 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 8/3/2012 and 8/10/2012; • Posted at the Town Administration Building and on the Town Website on 7/25/2012; and, • Mailed to Parties in Interest on 7/25/2012. B. Legal Notice "124 Watertown Street — Variance P.L. Hingorani, Trustee, Devi Trust herein requests the Zoning Board of Appeals grant a Variance in accordance with §7.03(a)1, Front Yard Setback & §7.04, Signs Allowed in the T - zone, Zoning Ordinance, so as to allow the installation of a non -conforming monument sign. T (Two -Family) Zoning District. " Top left: view of site from Watertown St. Top right: view of proposed sign location from driveway Bottom right: view of sign location from Watertown Street. Page 2 of 5 124 Watertown St August 13, 2012 Petition ZBA-2012-17 VAR Planning Board Report II. Description A. Site Characteristics The subject property is a 1.85 acre parcel of land situated on Watertown Street in the South Side neighborhood of Watertown. The site's two story brick building built in 1914 once housed the former Parker School, which was converted into a commercial office building in 1983. The site's parking areas are located on the sides and rear of the property, which are accessed by an entry driveway on the westerly side of the property. A landscaped courtyard area is located in the front of the property. B. Surrounding Land Use The project site is located in the South Side neighborhood near the border with the City of Newton, which contains a mix of residential, commercial, and open space uses. The property directly abuts Casey Field to the east and a tiling business and Town owned land to the west. Uses to the north and south of the site are a mix of commercial, institutional, and residential uses. C. Relevant Permitting History A use variance (#82-83-16) was granted in January 1983 to allow the reuse of the former Parker School as a commercial office building in the two family zone. In 1997, a variance for signage was sought, but the request was withdrawn at the ZBA. D. Nature of the Request The Petitioner requests the Zoning Board of Appeals to grant two Variances to allow for the installation of an approximately 20 s.f. monument sign set back 2 feet from the front lot line. A Variance from §7.04 (Signs Allowed in the S-10, S-6, SC, CR, T and OSC districts) is needed in order to construct a sign larger than 2 s.f. in the T -zone. In addition, a Variance from §7.03(a)1, (Front Yard Setback) is needed in order to locate the sign 2 feet from the front lot line where the minimum setback for a sign is 7.5 feet in the T -zone. III. PUBLIC COMMENT No written comments or oral testimony was received for this petition. IV. FINDINGS This request must meet all four conditions for approval of a variance as set forth in §9.14 (b) of the WZO. A. Plan Consistency Existing plans do not specifically speak to how to address those few properties in Town that were granted use variances (which are no longer allowed under current zoning). B. Variance in accordance with §7.03(a)1, Front Yard Setback & §7.04, Signs Allowed in the T -zone Page 3 of 5 124 Watertown St August 13, 2012 Petition ZBA-2012-17 VAR Planning Board Report In order to grant a Variance, the Zoning Board of Appeals must find that the proposal meets all of the conditions for approval of a variance as outlined in §9.14 of the WZO and Chapter 40A, Section 10 of the General Laws of Massachusetts. Those criteria are listed below with a finding on whether each criterion is met: 1. The variance is sought because of circumstances relating to the soil conditions, shape, or topography of such land or structures, and especially affecting such land or structures but not affecting the zoning district in which it is located. Met: The site is unique in that the large historic Parker School structure was sold as surplus municipal property and converted to a commercial office building in 1983. This use was permitted by the granting of a use variance in which the Boards found that preservation of the building and redevelopment of the large site was not possible under the limited uses permitted under the existing T -zoning regulations. Although the site is surrounded by a mix of uses (many pre-existing nonconforming uses) the site is unique from the other properties in the zone as the building's form and original stonework with the Parker School name does not make its existing commercial office building use (as well as those of its many commercial tenants) readily apparent. 2. Literal enforcement of the Zoning Ordinance would involve substantial hardship, financial or other, to the appellant. Met: The Petitioner states that the lack of signage makes the property difficult to market to prospective commercial tenants and that visitors have difficulties locating the building. However, the Board does not support the Petitioner's assertion that each of the approximately 13 tenants need individual signage panels on the sign as it would appear cluttered, be difficult to read, and could be distracting to drivers. The board recommends that the lowest panel be eliminated and replaced with a solid base directly anchored to the ground. In addition, the Board recommends that the number of individual tenant panels be limited to the larger tenants and/or those uses that typically rely on obtaining the majority of their customers through signage alone. 3. Desirable relief may be granted without substantial detriment to the public good Met: Allowance of a monument sign that would be allowed by right for the commercial use if it was located in many of the other zoning districts would not cause detriment to the public good. The sign would be no taller than 4 feet and would be illuminated with external uplighting that would be turned off by 8pm. The location 2 feet from the front lot line by the driveway would provide better visibility to passersby without necessitating the removal of landscaping (or detracting from it with the intrusion of a sign). As mentioned in criterion #2, the Board does not recommend that each tenant receive individual panel signage as this could make the entire sign difficult to read and be distracting to drivers. 4. Desirable relief may be granted without nullifying or substantially derogating from the intent of the Zoning Ordinance. Met: The request (as conditioned) for signage appropriate for the commercial use (which would be allowed for such a use if it were located in many of the other zoning districts in Town) would not derogate from the intent of the WZO. The Board would suggest that the few legacy properties in Town with uses established with use variances are special circumstances that are not appropriately addressed in the current zoning. As "allowed uses" these properties were found to be appropriate for their location rather than "pre-existing nonconforming uses and structures" (which the existing zoning does speak to) which are intended to eventually come into conformity such as when buildings fall into disrepair or when properties change hands. Page 4 of 5 124 Watertown St Petition ZBA-2012-17 VAR V. PLANNING BOARD VOTE & RECOMMENDATION August 13, 2012 Planning Board Report The Board found that the petition meets the criteria set forth under §9.14 (b) and with the general purpose of the Ordinance outlined in § 1.00 of the WZO. The Board voted 4-0 (with Neal Corbett absent) to recommend to the Zoning Board of Appeals conditional approval of the requested Variance. VI. CONDITIONS # Condition Timeframe for Compliance To be Verified by 1. The Control Plans AS MODIFIED BY THE BELOW CONDITIONS shall be: "Parker Office Building, 124 Watertown Street, Watertown, MA" sheet A-1 dated 6/28/2010, and sheet A-2 dated June 28, 2010 and revised 7/26/2012 prepared by Kanayo Lala-P.E. Four West Road, Acton, MA. Pepetua1 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, which are found to be consistent with the project approval granted by the Granting Authority, may be considered and approved by DCD&P Director. CO ZEO/ISD 3. Upon application for a Sign Permit, the Petitioner shall provide evidence to the Zoning Enforcement Officer that this entire decision has been filed with the Registry of Deeds. Sign Permit ZEO 4' The lowest panel shall be eliminated and replaced with a solid base directly anchored to the ground. Sign Permit Planning/ ZEO 5' Prior to erection of the sign, the Petitioner must apply for and receive a Sign Permit. Final sign face design and layout shall be reviewed and approved through the Sign Permit review process. Sign Permit Planning/ ZEO 6 The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. Perpetual ZEO/ISD 7. 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 Page 5 of 5