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HomeMy Public PortalAboutPleasant_st_192_Decision_StampedTOWN 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 PLANNING BOARD DECISION MAR 2 2013 RECEIVED BY TOWN CLERK'S OFFICE WATERTOWN, MASS. 1013 FIAR 21 A 11: Board Mem els: John B. Hawes, Jr., Chairman Linda Tuttle -Barletta Jeffrey W. Brown Fergal Brennock Neal Corbett The Planning Board is the Special Permit Granting Authority (SPGA) for a Special Permits within the Pleasant Street Corridor District. On March 13, 2013 with four (4) members of the Planning Board ("the Board") present, case number PB-2013-01 SP/SR was denied (three in favor, one opposed) a Special Permit with Site Plan Review. Case#: Subject Property: Parcel ID: Zoning District: Petitioner: Owner: Agent: Zoning Relief Sought: Special Permit Granting Authority: Site Plan Review Meeting: Date of Staff Report: Staff Recommendation: Date of Planning Board Meeting: Planning Board Vote: Date Decision Filed with Town Clerk: 20 -Day Appeal Period PB-2013-01 SP/SR 192 Pleasant Street 201 21 2 Pleasant Street Corridor District (PSCD) John B. Wise, Burkhard Corporation 51 Knox Trail, Suite 1, Acton, MA 01720 Richard S. Cass 65 Warren Drive, Wrentham, MA 02093 William York, Esq. • Special Permit w/ Site Plan Review -§5.01.1(0 multifamily 4+ o Subject to §5.07 Affordable Housing Requirements • Special Permit §5.06 Construction in the Flood Plain District • Special Permit- Development Incentive Credit o Reduction in parking §5.16(e)(3) • Special Permit- Development Incentive Credit o Increased FAR §5.16(d)(4)(B) Planning Board November 20, 2012 January 4, 2013 Conditional Approval January 9, 2013 Denied (3 in favor, 1 opposed) March 27, 2013 April 17, 2013 “AR 2l2013 192 Pleasant Street March 27, 2013 PB-2013-01-SP/SR Planning Board Decision RECEIVED BY TOWN CLERK'S OFFICE I. PUBLIC NOTICE (M.G.L.C.40A,&11) WATERTOWN, MASS. A. Procedural Summa 1013 MAR 21.AII: Ili Petition PB-2013-01 SP/SR was filed and stamped into the Town Clerk's office on December 17, 2012 and was heard by the Planning Board on January 9, 2013 and was subsequently continued to February 13, and then March 13, 2013. As required by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice was given as follows: • Published in the Watertown Tab & Press on December 21, 2012 & December 28, 2012. • Posted at the Town Administration Building and on the Town Website on December 19, 2012. • Mailed to Parties in Interest on December 19, 2012. B. Legal Notice "192 Pleasant Street, John B. Wise, Burkhard Corporation, 51 Knox Trail, Suite 1, Acton, MA 01720 herein requests a Special Permit with Site Plan Review in accordance with §5.01.10 -Multi -Family 4+ (subject to § 5.06-Floodplain District and §5.07 Affordable Housing Requirements) and §5.16(h). Development Incentive Credits for §5.16(d)(4)(B)-Maximum Floor Area Ratio and §5.16(e)(3) - Parking Reduction, Zoning Ordinance, so as to raze existing industrial structures and construct 14 residential units with structured parking (12 plus approximately 10 stacked spaces) under the building and 8 surface parking spaces in the side yard, all within the Floodplain District and PSCD (Pleasant Street Corridor District) Zoning District. PB-2013-01.” II. DESCRIPTION A. Site Characteristics The site consists of a 17,683 s.f. lot that contains a two-story (part of which is a single story) industrial building with an approximate footprint of 5,693 square feet as well as two small garages at the southwestern corner of the lot. The building is nonconforming regarding front and rear yard setbacks, maximum impervious surface, and minimum open space requirements. The building is set back approximately 20 feet from Pleasant Street and is located very close to the rear lot line (less than two feet at its closest point.) Accessed by two driveways, the majority of the lot (including in front of the building) is paved and striped for parking. A 20 feet wide and nearly 90 feet long sewer easement runs diagonally from the front lot line to the easterly lot line. The site is partially located in the 100 and 500 year flood zone, the 50 foot no -build zone, and the 100 foot wetland buffer zone. B. Surrounding Land Use The project site is located in the easternmost part of the Pleasant Street Corridor District (PSCD) Tess than half a mile west of the heart of Watertown Square. The site abuts Massachusetts Department of Conservation and Recreation property containing the Charles River Bike Path to the south, a single- family home to the east, a two-family home to the west, and three two-family homes and Town -owned land in the Two -Family zone across Pleasant Street to the north. C. Nature of the Request The request was for a Special Permit with Site Plan Review under §5.01.1(0, Multi -family, 4+, Table of Use Regulations of the Watertown Zoning Ordinance (WZO), to raze the existing industrial building and Page 2 of 9 192 Pleasant Street MAR 2 201 March 27, 2013 PB-2013-01-SP/SR Planning Board Decision RECEIVED BY garages in order to construct a new four story building that would contain 14 residential co8el€nEILginK' S OFFICE units. The building would be clad with a combination of brick and hardiplank (or similar) 'dla Fo`1iT8WN. MASS. siding. Of the 14 units, 13 would be two -bedroom units and (1) one unit would be a one -bedroom unit. In accordance with the Affordable Housing Requirements under §5.07 of the (WZO), one l �i�ii p 1 1 , 4 would be set aside as affordable with a permanent deed restriction. The Petitioner also requests a Special Permit for increased FAR under §5.16(d)(4)(B) in order to increase the FAR from 1.0 to 1.1, where a maximum of 2.0 is allowed upon satisfying criteria for Development Incentive Credits under §5.16(h). A total of 20 conforming parking spaces along with eight (8) tandem spaces would be provided for resident and guest parking. Accessed from the rear of the building, twelve conforming spaces (of which one would be handicap accessible) and eight (8) tandem spaces would be provided beneath the building in a garage that would be open on three sides. The remaining eight (8) conforming parking spaces would be located in the surface parking area along the eastern portion of the property. The WZO requires that 24 conforming spaces be provided. The Petitioner has requested a Special Permit under §5.16(h) (Development Incentive Credits) for a reduction in parking requirements for providing Alternative Transportation Incentives. As the property is located in the Flood Plain District, a Special Permit under §5.06 of the WZO is required. The Conservation Commission met and issues an Order of Conditions for the project. M. PUBLIC COMMENT Prior to the first public hearing, Staff received a letter from two residents in the neighborhood, and the Petitioner held a community meeting at the site, with no Staff participation. During the January hearing and the continued hearing in March, numerous residents of the surrounding neighborhood testified in opposition to the project with comments ranging from concerns about traffic, mass, safety, parking, etc. There was also some testimony in favor of the project. N. FINDINGS Within the PSCD Zoning District, the Planning Board is the Special Permit Granting Authority for a Special Permit with Site Plan Review. The request must meet four conditions of approval for a Special Permit as set forth in §9.05(b) of the WZO as well as consider the ten criteria for Site Plan Review as set forth in §9.03(c) of the WZO. As the property is located in the Flood Plain District, a Special Permit under §5.06 of the WZO is required. Further, as required by MGL 40A Section 9, four members of a five member Special Permit Granting Authority must vote to approve a special permit. A. Plan Consistency The proposed development supports several goals and implementation strategies of the Pleasant Street Corridor - Concept Plan and Implementation Study (11/01/2007) as follows: • Enhancing connections and open space by creating a public pedestrian access from Pleasant Street to the Charles River Bike Path. • Creating "eyes on the park" by putting a residential use adjacent to the Charles River Bike Path and the river. B. Special Permit with Site Plan Review $5.01.1(f) (multi -family), Special Permit X5.06 (flood plain district) This proposal must meet the four conditions of approval for a Special Permit set forth in §9.05(b) of the WZO. In addition this proposal is subject to the review procedures under §9.03 Site Plan Review of the WZO, in which the ten criteria listed in §9.03 (c) must be evaluated. Page 3 of 9 192 Pleasant Street March 27, 201 J 1AR 2 1 2013 PB-2013-01-SP/SR Planning Board Decision RECEIVED BY TOWN CLERK'S OFFICE Special Permit Criteria $9.05(b) V/AT E R T O W N. MASS. 1. The specific site is an appropriate location for such a use, structure, or condition. 1013 MAR 2 A 1 1 - U Not Met: While a residential development is allowed by Special Permit with Site Plan Review in this district, the Planning Board found (one Board Member out of four present voted in opposition) that the proposed structure would not be appropriate for the site because the four-story massing and overall building size does not fit within this part of the Pleasant St Corridor. This site has several difficult constraints so development should not "max out" the development potential outlined in the WZO and should provide a transition in density between the Two -Family Zone to the east and this area of the PSCD. Despite this finding, the project did also represent an improvement in many ways because it would clean-up the contaminated site, create a much larger buffer between the built area and the river, and would reduce the amount of impervious surface at the site. The Conservation Commission issued an Order of Conditions for the development with the rear drive area modified to be pervious. 2. The use as developed will not adversely affect the neighborhood. Not Met: The proposed development would benefit the neighborhood by eliminating the blighted industrial building and front yard parking. The development would introduce a new public pedestrian connection to the Charles River Bike Path. The project would diminish impacts on Charles River by moving the building away from the River and managing stormwater runoff by increasing on site infiltration by reducing the amount of impervious surface and introducing bioretention areas. Despite these benefits, the Board found (one Board Member out of four present voted in opposition) that the massing at the street was too high and the project would adversely affect the neighborhood, creating shadows and obstructing views of the river. 3. There will be no nuisance or serious hazard to vehicles and pedestrians. Met: The reduction from two driveways to one driveway would reduce the number of conflict points on Pleasant Street, therefore creating a safer environment for motorists and pedestrians. A new pedestrian access path would be installed along the eastern portion of the site to connect Pleasant Street to the Charles River Bike Path. Parking facilities for residents and visitors will be provided on site and site circulation has been designed for safety concerns with appropriate sight lines and aisle widths. The traffic study predicted that the development would have a minimal impact on traffic as it would generate 6-7 peak hour trips, which is equal to an increase of one (1) peak hour trip from the previous industrial use. The traffic study predicted that once non -motorized trips are taken into account, there would likely be a reduction in automobile trips to the site. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Met: The proposal would meet all building, health, and safety requirements. The site, which currently has a negligible stormwater management system in place, would incorporate bioretention areas to retain much of the stormwater on site and treat runoff before its discharge into the Charles River. The Conservation Commission found that the compensatory flood storage is adequate and an Order of Conditions was issued for the project. Page 4 of 9 192 Pleasant Street March 27, 2013 PB-2013-01-SP/SR Planning Board Decision RECEIVED BY Site Plat Review Criteria 59.03 (c) TOWN CLERK'S OFFICE WATERTOWN MASS. Prior to the official filing of the Application, a meeting of the Site Plan Review Committee was held on November 20, 2012. Present at the meeting were the Site Plan Review Committee (cons; nfi TvnA I I . -' Staff) and the Petitioner who presented the proposal after which members of the Committee were vited to respond with questions, comments, and suggestions. Incorporating comments from the Site Plan Review Committee and Planning Staff, the Board reviewed the ten criteria for Site Plan Review provided in §9.03(c) of the WZO and makes the following findings: MAR 171013 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" Met: Because of the previous use as an industrial building and surface parking lot, much of the landscape has been significantly disturbed from its previous natural state and has negligible landscaping. The Petitioner proposed to provide significant landscaping along the front, rear, and western sides of the building. 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. Not Met: Although the redesign (flat roof with a substantial step -back) reduces the apparent size of the building, the building placement near the street with four -stories still creates a building that has an appearance of substantially greater mass than the surrounding neighborhood and does not provide enough of a transition in density from the two-family residential neighborhood to the PSCD. A shadow study was prepared showing the shadows that would be cast from the proposed buildings at three different times of the day (9am, noon, and 3pm) during Spring Equinox, Summer Solstice, Fall Equinox, and Winter Solstice. As expected, the building's most impactful shadows occur on the shortest day of the year (Winter Solstice- December 21St) when the proposed building would cast a shadow upon the abutting property to the west in the morning, upon one of the properties across the street at noon, and across all three properties across the street at 3pm. The remaining periods of the year the proposed building would have minimal impact with a shadow cast upon the abutting driveway to the west in the morning hours. 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: The proposed development would increase the amount of open space from 7% to 32%, which would be visible from both Pleasant Street and the Charles River Bike Path. In addition, the proposed pedestrian path connecting Pleasant Street to the Bike Path would be publically accessible for the enjoyment of the residents and the general public. Page 5 of 9 192 Pleasant Street MAR 212013 March 27, 2013 PB-2013-01-SP/SR Planning Board Decision RECEIVED [3Y 4. Circulation: Special attention shall be given to traffic circulation, parking areas iipinibetisE $iilfitO F F I C E to public streets and community facilities in order to maximize convenience and safety of J MASS. bicycle and pedestrian movement within the site and in relation to adjacent streets. 2013 MAR 2 1 1 A 1 1 . U - Met: Vehicular access to the site would be via a single 24 foot wide curb cut on Pleasant Street and site circulation was designed for safety with appropriate sight lines and aisle widths. The reduction from two driveways to one driveway will reduce the number of conflict points on Pleasant Street, therefore creating a safer environment for motorists and pedestrians. The traffic study predicted that the development would have a minimal impact on traffic, as it would generate 6-7 peak hour trips, which is equal to an increase of one (1) peak hour trip from the previous industrial use. The traffic study predicts that once non -motorized trips are taken into account, there would likely be a reduction in automobile trips to the site. A total of 20 conforming parking spaces along with eight (8) tandem spaces would be provided for resident and guest parking. Twelve conforming spaces (of which one would be handicap accessible) and eight (8) tandem spaces would be provided beneath the building. The remaining eight (8) conforming parking spaces would be located in the surface parking area along the eastern portion of the property. The current proposal requires that four (4) bicycle spaces be provided on site. The plans show four exterior bicycle racks (two at the entrance of the proposed pedestrian path at Pleasant Street and two near the pedestrian path at the rear of the property) that would accommodate eight (8) spaces. In addition, the Petitioner proposed a bicycle storage area in the garage that would provide long-term sheltered parking for 28 bicycles. Planning Staff had recommended an additional bicycle rack close to the front entrance. Pedestrian and bicycle opportunities for the public would be enhanced by adding public access to the Charles River Bike Path. The new path would provide a safer pedestrian connection as it would be located close to the existing signalized crosswalk on Pleasant Street and formalize an existing cut -through that experiences significant erosion currently. 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." Met: The proposed development would improve the existing conditions as there currently is minimal stormwater management at the site. The impervious surface of the site would be reduced from 93% to 68.1% . The site would feature a bioretention/rain garden area along the rear of the site. In response to DPW concerns, the westerly side yard would be planted with a native moist site seed mix to enhance infiltration. 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." Met: The Petitioner stated that all utilities on the site would be below grade except as required to connect to existing utilities on adjacent utility poles and that sanitary sewage would connect to locations that were stubbed prior to the Pleasant Street reconstruction. Trash and recycling would be collected by a private waste management company. Page 6 of 9 192 Pleasant Street March 27, 2013 MAR 2 2013 PB-2013-01-SP/SR Planning Board Decision �E EIV. �[) BY 7. Environmental Sustainability: "Proposed developments shall seek to diminf �t e e r jFF ICE effect; employ energy conscious design with regard to orientation, building materials a lt1 cfiit llti►iiz'�SS. energy -efficient technology and renewable energy resources; and minimize water use." Met: The Petitioner would reduce the amount of impervious area by providing the majorityIor te parlkingg . Ll 1 spaces underneath the building. The development would comply with the Energy Stretch Code and would employ stormwater best management practices. S. 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: There are no proposed exposed machinery installations or storage areas. 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." Met: The Petitioner stated that the proposed building would be built in accordance with all applicable Federal, State, and Local laws including an NFPA 13 fire suppression sprinkler system and that centralized alarm panels will be located for easy use by emergency responders. The drive aisle would be 24 feet wide, which would meet the requirements to accommodate fire and emergency vehicle access to the building. 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 increase in landscaping and open space in excess of the requirements of the Zoning Ordinance would help to reduce the "heat island effect" that results from large areas of impervious paved area. The provision of a stormwater management system would treat and minimize runoff, which would be a vast improvement from the existing site conditions of untreated stormwater that sheet flows into the Charles River. In addition, there would be no exposed mechanical installations and the site lighting would incorporate full cut offs and be designed so as to minimize spill over lighting to surrounding properties. Special Permit- Development Incentive Credit • Reduction in parking45.16(e)(3)- Alternative Transportation Incentives In accordance with §5.16(e)(3), a 15% reduction in the number of required parking spaces may be granted by Special Permit for providing Alternative Transportation Incentives outlined in §5.16(h)(3). Staff has found that the Petitioner has met the criteria by encouraging cycling and walking with its proposed pedestrian connection to Charles River Bike Path. It should be noted that although the Petitioner is requesting a 15% reduction (4 spaces) in conforming parking spaces, eight (8) nonconforming tandem spaces would be provided on site bringing the total number of parking spaces to 28, which is four (4) more spaces than is required by the WZO. • Increased FAR 45.16(d)(4)(B) In accordance with §5.16(d)(4)(B), non -mixed -use development projects may be granted an increased Floor Area Ratio (up to 2.0) by Special Permit for achieving Development Incentive Credits (DICs) under Page 7 of 9 criteria for the granting of the requested increased FAR allowance of 1.1: 192 Pleasant Street March 27, 2013 PB-2013-01-SP/SR Planning Board Decision MAR 17 iij §5.16(h). Staff has found that the Petitioner achieved the following DICs and therefore 1134t %c 0 F F I C E WATERTOWN, MASS. • Enhancing Public Open Space- Charles River Bike Path Connections • Structured/Underground Parking • Alternative Transportation Incentives C. 45.07 Affordable Housing Requirements 7013 MAR 211A In the PSCD district, a residential project that creates more than 5 dwelling units is subject to the Affordable Housing Requirements set forth in §5.07 of the WZO, the purpose of which is to "provide opportunities for conventional residential and mixed -use development to contribute to increasing the supply of affordable housing". Ten percent (10%) of the 14 dwelling units must be affordable. One' affordable unit will be provided onsite, which satisfies this requirement. Consistent with the other units, the affordable unit would be offered for sale. The sales price of the affordable unit will be no higher than the maximum purchase price affordable to a household with an income at or below 80% of the area median income (AMI) adjusted for household size. The Petitioner is required to prepare and file a Local Action Unit application under the State's Local Initiative Program and comply with all the requirements of the State Department of Housing and Community Development in order for the affordable unit to be included on the State's Subsidized Housing Inventory, which includes the development of a regulatory agreement, an affirmative marketing plan, and all required monitoring and reporting requirements. In addition to review by Planning Staff, the project was reviewed by the Watertown Housing Partnership (WHP) at their December 18, 2012 meeting. In accordance with §5.07(j), the WHP has made findings in reference to the proposal's fulfillment of the affordable housing requirements. 1. Affordable units shall be proportionately distributed throughout the building in a covered development. Met. The affordable unit would be "fixed" and was designated as a first floor unit with market rate units located on either side. 2. Affordable units shall be indistinguishable from market -rate units in exterior building materials and finishes; overall construction quality; and energy efficiency, including mechanical equipment and plumbing, insulation, windows, and heating and cooling systems, as determined by the Building Inspector. Met. The Petitioner has indicated that the affordable unit would be built to the same specifications as the market rate units.regarding exterior building materials and finishes; overall construction quality; and energy efficiency, including mechanical equipment and plumbing, insulation, windows, and heating and cooling systems. 3. Affordable units may differ from market -rate units in type of appliances, finishes; however, the affordable units shall be comparable to the base market -rate units in such instances. Met. The Petitioner indicated that the appliances and finishes of the affordable unit would be comparable to the base market -rate units. Page 8 of 9 192 Pleasant Street MAR 2/2013 March 27, 2013 PB-2013-01-SP/SR Planning Board Decision 4. Affordable units shall have the same gross floor area as the average market -rate urj t RliWil BY # S 0 F 1 I C% margin of 20%; provided, a one bedroom affordable unit shall be not less than 800 s.f.; a tw}mt Ldmo � F.✓ , r.l Ass. not less than 1,000 s.f.; and a three -bedroom unit not less than 1,350 s.f.. The bedroom mix in the affordable units shall be proportionate to the market -rate units, unless the SPGA authorize leet.l A I f mix by special permit upon the recommendation of the WHP. 41 Met. Of the 14 units, 13 would have two bedrooms and one would have one bedroom and the average two -bedroom unit size would be 1,027 square feet. The affordable unit would have two bedrooms and would be approximately 1,188 s.f and therefore meets this requirement. V. PLANNING BOARD DECISION: Linda Tuttle -Barletta motioned that, based on the finding that the proposed project meets the criteria set forth under §9.03(c), §9.05 (b), §5.07, and with the general purpose of the Ordinance outlined in §1.00 of the WZO, the Board approve a Special Permit with Site Plan Review under §5.01.1(f), Special Permit - Development Incentive Credit for Reduction in Parking under §5.16(e)(3), the Special Permit - Development Incentive Credit for Increased FAR under §5.16(d)(4)(B), and the Special Permit §5.06 Construction in the Flood Plain District. Fergal Brennock seconded. Voted 3-1, denied. Petition # PB-2013-01-SP/SR IS DENIED by the vote (3-1) of the Planning Board. The Planning Board: John Hawes (approve) Linda Tuttle -Barletta (deny) Jeffrey W. Brown (absent) Fergal Brennock (approve) Neal Corbett (approve) Attest, by the Head Clerk to the Planning Board: Ingrid E. March:. ano ct,/ Page 9 of 9