planning board report - watertown, ma

Board Members: Jeffrey W. Brown,

Chair Janet Buck

Jason Cohen Gary Shaw

Payson Whitney, III

PLANNING BOARD REPORT

On December 11, 2019 with five (5) members of the Planning Board (Board) present, case number ZBA-2019-30, a Special Permit with Site Plan Review, was considered. The Board submits the following Report, as requested by the ZBA, to aid the ZBA in deciding on the application before it.

Case#: ZBA-2019-30 SP/SR (see also companion case ZBA 2019-31-ASP for 101 Walnut St.)

Subject Property: 85 Walnut St.

Parcel ID: 1036 1A 0

Zoning District: I-3 (Industrial) Zoning District

Petitioner/Owner: 10-85 Walnut Owner, LLC

Zoning Relief Sought: Special Permit w/ Site Plan Review- • §5.01.3 (a.2), 5.01.5 (c) and (e) new construction office,

lab, and/or r&d • 5.05(d) side yard setback • 4.10 for increased height (5’) • 6.01 (h) and (f) for shadow and reduced parking • 4.11(d) increased build-to-line

Special Permit Granting Authority: Zoning Board of Appeals

Site Plan Review Meeting(s): September 22, 2019

Date of Staff Report: Conditional Approval, December 6, 2019

Planning Board Meeting: (5-0) December 11, 2019

Zoning Board Hearing: Scheduled December 18, 2019

85 Walnut Street December 11, 2019 ZBA-2019-30 SP/SR Planning Board Report

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I. PUBLIC NOTICE (M.G.L. C. 40A, §11)

A. Procedural Summary

Petition ZBA-2019-30 SP/SR was heard by the Planning Board on December 11, 2019 and is before the Zoning Board of Appeals December 18, 2019. As required by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice was given as follows: • Published in newspaper of record (Watertown Tab) on November 29 and December 6, 2019 • Posted at the Town Administration Building on November 27, 2019 • Mailed to Parties in Interest on November 27, 2019.

B. Legal Notice “10-85 Walnut Owner LLC, 7121 Fairway Drive, Suite 410, Palm Beach Gardens, FL 33418, requests the Zoning Board of Appeals grant a Special Permit/Site Plan Review in accordance with Watertown Zoning Ordinance §5.01.3(a), 5.01.5(c&e), 5.05(d), 4.10, 6.01(h), 6.01(f), and 4.11(d) under §9.03 and §9.04 to construct a new 213,500 s.f. office/r&d/lab building and associated parking garage with reduced/shadow parking. Located in the “I-3” (Industrial) Zoning District. ZBA-2019-30”

Access Drive and East façade North parking and facade

‘Rear’ yard looking west Rear of existing building


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II. DESCRIPTION

A. Site Characteristics and Background The 213,522 s.f. (4.9 acres) site is located south of Walnut Street and north of Arsenal Street. There is one narrow parcel separating it from Arsenal Street. The southern boundary of the site was originally defined by the railroad ROW, with a narrow one-story industrial/commercial building to the south of the rail corridor. The property now includes a portion of the rail ROW that is currently used as parking and loading to the rear of the existing building. There is a fire access along the old rail ROW from the adjacent 101 Walnut St. property. There is also a Town easement near the rear of the property that was relocated on the adjacent property as part of its redevelopment. The access to the site is from a curb-cut on Walnut Street which also is adjacent to the primary access point for 101 Walnut Street (that site also has limited access to Arsenal Street). From the entrance, the site drops off but is tiered with a substantial grade change from Walnut Street to the low point where the existing building is located. The existing building was built over several time periods with the most recent three-story addition of about 15,350 s.f. approved in 1988. The addition was added to an existing 64,925 s.f. building with portions of one to two stories. The site was used by Doble Engineering as its headquarters since about 1975 when the site was purchased from the William J Underwood Company. Prior to that, the site was part of the Union Market Stockyards until the Underwood Company built an industrial building in 1907 to produce deviled ham. In the past the upper most tier of the site was used as a basketball court and playground known locally as Underwood Park.

B. Surrounding Land Use To the north and west is a mix of housing with predominantly two-family use. Directly to the west is a mixed-use residential development. To the south the Arsenal Street Corridor currently has a mix of uses and building types with some vehicle-centric businesses like vehicle sales/repair, tile stores, and other varying commercial and industrial uses to the south and east.

Walnut St frontage Existing access drives on Walnut


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There are also larger commercial/industrial office buildings located to the east of the site. Residential neighborhoods are located to the north and south of the site with a mix of primarily single and two-family uses (and occasional 3-4 families). The Arsenal on the Charles Campus is located one block southeast. Louise Street connects to North Beacon Street and the Charles River is located several blocks to the south and provides many amenities within the greenway corridor. The site is located within walking distance of the Arsenal Street bus line (Route 70) and is about a 10-minute walk to the Watertown Square/Yard bus hub and Mount Auburn Street (Route 71).

C. Nature of the Request The project proposes to demolish a former industrial building with a manufacturing, research and development, and an office component into a new 213,500 s.f. 4-story building for use as laboratory (life sciences), office, and research and development. The project proposes up to 566 parking spaces for office use but has requested a reduction in parking required (top floor of garage) and shadow parking. The project proposes to build a 371-space garage with the ability to add an additional floor (102 spaces). The site had 93 surface spaces but the petitioner has agreed to not build approximately 66 surface spaces (shadow spaces with lawn or other landscape) unless tenant composition and lease agreements require a bigger ratio of spaces. The parking garage and building will include a solar energy system. In addition, the project will create a public park space shown as Walnut Park in the area where Underwood Park was located. The site also has a network of walkways open to the public with access through the site between Walnut St. and Arsenal St and an access point to the west to connect to an existing pedestrian path that runs to Irving St. at the rear of the recently developed mixed use developments. E. Relevant Permitting History According to Town records, the subject property has one Special Permit and according to Assessor records the current building was initially built in 1930 with subsequent additions.

• July 27, 1988 – Special Permit ZBA # 87-88-28 approved to allow an 15,350 s.f. addition with an updated site plan with 170 parking spaces for engineering offices, test laboratory, and manufacturing.

Since the proposal would remove all uses and structures on the site, all previous decisions and conditions should be eliminated with a new Special Permit. III. PUBLIC COMMENT

The Petitioner held two community meetings where public comment was received. The first meeting was held on September 16, 2019 at the site and primarily discussed the architecture and community context. A second meeting was held on October 30, 2019 at which they discussed changes to the site plan and building design based on the previous meeting. They also discussed transportation in more detail and site access to Arsenal Street through an easement on 101 Walnut Street.


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Planning Board Meeting, December 11, 2019, see comments within Planning Board Deliberation. Below. IV. ANALYSIS AND FINDINGS

A. Plan Consistency

Met: The proposed development is consistent with the Town’s adopted planning documents.

1. Strategic Framework for Economic Development - 2011 • The ‘Union Market’ area was identified as one of five key redevelopment

opportunities with specific target industries including mid-size and larger information technology and advanced manufacturing firms.

• This site is part of the area subject to pressure for automotive and ‘big-box’ development and as proposed supports a key economic development cluster identified within the plan. The study said, “The fragmented industrial uses, RR right of way and grade changes have created a major barrier between neighborhoods to the north and south, leaving little opportunity to take advantage of proximity to the River and the Perkins Campus.”

Substantial negotiations between this property owner and the owner of 101 Walnut Street have allowed an easement on the adjacent property. This reconfiguration and reconfigured easements allow the site to remove a substantial amount of pavement and two adjacent driveways. This area of ‘Union Market’ is recommended to be preserved as commercial and R & D. The residential development to the west and at Arsenal Yards provides housing to support this economic development effort

2. Comprehensive Plan - 2015 The Comprehensive Plan Land Use chapter envisions a dynamic mixed-use corridor for Arsenal Street with a mix of successful businesses. The resulting development pattern will improve the streetscape, activate the sidewalk, and support redevelopment of opportunity sites. The land use map indicates this area to be categorized for an office-industrial mix of uses that create a vibrant business atmosphere. This use provides a great opportunity to strengthen the life science and office cluster of uses that exists within this area of Arsenal Street. The pressure for this type of site to convert to housing or larger ‘big-box’ commercial is strong but not what is envisioned. This use and building type implement the Plan’s vision. It creates more north/south and better pedestrian and bicycle connectivity and has removed several barriers that limited access to the site and hence its development potential. The plan also implements the vision and goals set forth in Watertown’s adopted plans by adding open space park for public use. B. Special Permit with Site Plan Review

Projects must meet the four conditions of approval for a Special Permit set forth in §9.05(b), of the WZO. In addition, the project 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. Special Permit Criteria §9.05(b)


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1. The specific site is an appropriate location for such a use, structure, or condition.

Conditionally Met: The site is appropriate for the proposed use, in an area that the Zoning Ordinance and the Comprehensive Plan suggests should continue to be commercial and light industrial in nature. The proposed building is consistent with the existing site’s use and the nearby office and research and development sites to the south and east. The site’s existing building currently supports laboratory, R&D, and office use and the proposed building will also be designed to accommodate office, laboratory and research and development uses. The design allows for the building mass to be located as far from the residential neighborhood and near the commercial uses on Arsenal Street. The building has created an east facing ‘front’ façade located on a proposed private way (a new easement from Arsenal Street proposed as part of this redevelopment). The design and height of the building is consistent with several multi-story buildings on Arsenal Street. The building design references the long industrial history of this area of Watertown with a façade design that is modern but with strong references to traditional industrial styles found in the area. The redevelopment includes substantial on-site open space improvements and improved streetscape design at Walnut and Arsenal Streets. Site accessibility now provides two means of access with a new vehicular access to Arsenal Street, and improved pedestrian and bicycle connectivity from Walnut Street to Arsenal Street. The building is not located at the build-to-line at the front of the property in order to allow a large park and landscaped area to be improved and to buffer the residential area. The design and location of the building allows existing green space to be expanded and transformed into a 31,500 SF publicly accessible park. This amenity space provides a new option for the neighborhood for outdoor gatherings, flexible recreation and potential for neighborhood programs and events.

2. The use as developed will not adversely affect the neighborhood. Conditionally Met: The initial design process looked at multiple options for the layout of the building and garage. The proposed design minimizes impacts of the building and structured parking on the adjacent neighborhood. The design also takes advantage of the site’s topography to provide a publicly accessible open space rather than having a building at Walnut Street. The design minimizes disruption of the site’s natural features by keeping the new development within the footprint of the existing structure as much as possible. The design also places the building at the site’s lowest elevation which makes the development appear shorter from the north. The location of the structured parking is near the eastern property line which is farthest from the residential neighborhood. The structure is proposed to have reduced parking which minimizes the total height. The design also incorporates solar on over 90% of the top level. This allows the lighting to be substantially screened. The garage location also allows for the most landscaping between it and the neighbors to the west and north. The request


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includes a reduced side yard to allow the garage to be further away from the residential properties. In discussing the layout of the site, the petitioner also agreed to reduce surface spaces unless required by tenants. The reduced parking removes a drive aisle and allows it to be grass or other landscaping. This shadow parking should be a condition of approval. The petitioner has also committed to, at a minimum, “during the winter parking ban, a portion of the structured parking will be made available to designated neighborhood residents to improve availability of parking options for the neighborhood during these periods.” As shown, the northern portion of the site is designed as a substantial public amenity (neighborhood park), of approximately 31,500 sf with landscaping and a design to allow opportunities for gathering, passive recreation and neighborhood events. A new access to Arsenal Street creates a safer and improved access for this site by creating a new entrance at the existing 101 Walnut Street across from Louise Street. This design removes a very wide curb cut to the site at Arsenal St. and replaces it with landscape. This proposed new access point will include signalized, four-way controls and will allow for turning lanes to support the traffic flow of Arsenal St. The project includes on-site and off-site pedestrian and bicycle improvements to help create safer connection to the Arsenal Street Corridor, and provide traffic calming along Walnut Street.

3. There will be no nuisance or serious hazard to vehicles and pedestrians.

Conditionally Met: The approval of an access easement with the adjacent property at 101 Walnut Street will provide significant improvements for pedestrians, transit, bicycles and vehicles connections. The project proposes a shared driveway for access to both the 85 and 101 Walnut Street properties off of Walnut St and also on Arsenal Street. This plan removes the existing double driveway condition on Walnut Street which creates dangerous crossing movements. It also defines the curb opening for pedestrian and bicycle safety. The southern alignment increases safety by lining it up with Louise St. This easements also provides a connection to Arsenal Street for a private way that connects the 85 and 101 Walnut Street properties (requires approval of companion Petition for 101 Walnut St.). The new entrance at Arsenal Street gives the 85 Walnut Street site an additional access point to better distribute vehicular travel. It also provides pedestrians with a new north-south connector that is ADA accessible between the Walnut Street neighborhood and Arsenal St. The connection between Walnut and Arsenal Streets allows bicycle access to the Watertown Community Path. The Community Path is maintained in the winter months by the larger property owners from Irving St to the beginning of this site, and beyond from the Lexus site to School Street, where it ends. Staff suggests that if this Petitioner is able to, they commit to keeping this section maintained for winter use, in cooperation with 101 Walnut so that the whole segment from Irving to School Streets is maintained. Off-site improvements and traffic calming measures are also proposed along Walnut St for improved pedestrian and vehicular safety in the surrounding neighborhood. Areas that have initial design approval include a pedestrian crossing at Lincoln St., an improved pedestrian crossing at the park, and a decreased opening and crossing on Walnut St. at Cypress St. The


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project has also agreed to a Transportation Demand Management (TDM) program that includes participation in the Transportation Management Association (TMA) and in a shared shuttle to support the development and the corridor. The Petitioner has submitted an agreement for offsite street infrastructure with conceptual (initial) designs along Walnut St. These designs may be altered or shifted to more effective traffic calming during the review process. The Walnut St. improvements are in addition to the rebuilding of the Louise/Arsenal St intersection to accommodate a 4-way signal and all required offsite improvements on Arsenal St as part of the new access point and to accommodate the project.

4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Conditionally Met: The proposal will be required to meet all building, health, and safety requirements. Additionally, the site's permeable area will be increased in comparison to the existing condition. Currently there is no water detention on site; this proposal allows for 100% of runoff from the 2-year storm event to be collected, maintained, and infiltrated within the site boundaries. The project has not had final review of the stormwater plan by DPW/Town Engineer. An approval will require final review and approval of the proposed stormwater, traffic, and utilities plans, as well as any required easements for access, utilities, and street improvements. The project shows all but one utility pole being removed with all utilities on site underground. The remaining utility pole on the site at Walnut St. shall also be removed, unless it is determined by DCDP that there is no option for undergrounding the line from the pole in the Walnut St. ROW. Gas meters shall be located so as to be screened by design or by landscaping if that is deemed to be feasible. All switches, transformers, and other ground level equipment shall be located on the control plans and will require appropriate screening to include landscaping and other screening with review/approval by DCDP. The site lighting should be minimized to the greatest extent feasible, while allowing for public safety. The design and photometrics show that the lighting initially complies with the Ordinance. The plans should be updated to reflect the area of the surface parking that will be shadow spaces, to minimize or eliminate parking lot level lighting, unless the parking is installed. The lighting plan shall also be updated to include any lights installed within the easement 101 Walnut Street. The proposed development must meet building, health and safety requirements in accordance with the Massachusetts State Building Code, the Americans with Disabilities Act (ADA), Massachusetts Architectural Access Board (MAAB) and all other relevant governing requirements.


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Additionally, the project will be designed to comply with the requirements of the Stretch Energy Code and will be certifiable with the USGBC at a LEED silver rating. The proposed development includes a stormwater management plan including measures for collecting, controlling, and treating stormwater runoff from the site. The proposed drainage improvements will reduce stormwater runoff peak flow rates and volumes leaving the site, increase groundwater recharge, and improve water quality of storm runoff. The final stormwater management plan shall have review and approval by the Town.

Site Plan Review Criteria §9.03 (c) Prior to the official filing of the Application, a Developer’s Conference was held. Present at the meeting were members of the Site Plan Review Committee (consisting of Town Staff and committees) and the Petitioner, who presented the proposal, after which members of the Committee were invited to respond with questions, comments, and suggestions. Planning Staff has reviewed the ten criteria for Site Plan Review provided in §9.03(c) of the WZO and incorporated committee comments where appropriate. The following are the findings as identified through analysis of the updated project and the committee review: 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: The project site design provides an increase of pervious open space from about 22% to about 31% which is 66,434 s.f. (about 1.5 acres) of the 4.9-acre site. Not yet shown on the plans, the project now proposes more shadow parking to be grass or other landscaping (about 66 parking spaces and drive aisle). The largest open space is to the north of the proposed commercial building and garage. The project proposes to provide shaded seating on Walnut St. and expand a passive park. The area will be changed to recreate a more natural grade. The grade change will allow an accessible path through the open space and the site to Arsenal Street. The park includes a ‘woodland edge’ along the property line with abutting residences on Birch Road and north of the oval lawn area. Below the lawn area is an area of terraced seating and native plantings with a stormwater garden area. This area now proposes to retain most of the existing trees, as shown in the submitted plans and in response to neighbors' requests. There are trellises and tree plantings to provide screening of the garage and open space for employees and the public at the front entrance of the building. To the rear, a required fire lane includes some court play spaces and outdoor seating with shade trees and plantings, where there is currently pavement and railroad remnants. Primarily deciduous tree plantings are included through the parking and drive aisle and more evergreen plantings are proposed near abutting residences and the Gables along with a 6’ wooden fence. Screen fencing and plantings will also be provided around on-site utilities as required.


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As submitted, the trees near the abutting residences will be maintained. As identified, three of these trees are Oak but the rest are invasive Norway Maples. If these trees are determined to be unsafe or otherwise not appropriate, then substitute trees should be considered in their place. The changes on the site will require the removal of 13 trees. The location of the trees does not allow them to be retained, but the new planting plan provides a substantial number of new plantings throughout the site. The loss of mature trees is unfortunate but this design offsets it substantially. 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 placement of the building and structured parking minimizes impacts to the adjacent neighborhood, and is incorporated into the site’s topography rather than modifying it. The design allows for publicly accessible open space. This open space screens the height of the building. The building is located mostly within the footprint of the existing structure which is the area of the site that has been used for commercial activity since the site was first developed. The building has a consistent scale with the adjacent residential mixed-use buildings to the east, as well as other buildings within the Arsenal Street commercial corridor. The structured parking is located along the eastern property line to allow it to be as far away as feasible from the neighborhood. The mass of the building is broken up with central courtyards that creates a feel of two buildings that is further accentuated by the different treatments of the two wings. The design creates an inset central connector that also is where the shared spaces would be if there are multiple tenants. This design also helps provide changes to the facade that breaks up the overall length of the building. The landscape and grades also help the building integrate into the site. The design of the site, building and structured parking, were reviewed pursuant to Section 9.03(d), which indicated that the project is consistent with the standards identified in the Watertown Design Guidelines, related to the building scale, massing, setbacks, architectural expression, landscape design, and interface with the public realm. With the type of use proposed, and to be consistent with multiple level lab buildings at other sites within the mixed-use area, the site should be restricted to biosafety use type BSL-2 or lower. Any required hazardous materials should be stored in dedicated areas following MA State Building Code. Industrial gases shall be contained in designated secure and screened areas with DCDP coordinating review and approval by the Town. Regularly scheduled deliveries/loading shall be restricted to 7 AM to 5 PM in designated spaces only. 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.”


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Conditionally Met: As discussed above the open space provided is 66,434 s.f. , over 31%, and this will increase with the proposed shadow parking agreed to be built initially. The design also consolidates the open space as much as feasible to provide a large area along Walnut Street available for the public. The Design Guidelines, Comp Plan, and Zoning encourage the creation of this type of open space to benefit the entire community and the development. 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.” Conditionally Met: The project design maximizes the convenience and safety for all transportation modes with priority for pedestrian access. The building provides a clear main pedestrian access to the building and provides bicycle racks in various locations. There are 72 exterior spaces and at least 24 long term bicycle spaces in the main entrance area of the building near bathrooms with showers to facilitate bicycle commuting. The site parking is primarily in a structure and there are handicap spaces near the main entrance. Parking is also included along the perimeter of the building with clear pedestrian access. The site circulation is appropriate for tenants and emergency vehicles. There will be five electric car charging stations in the parking garage. The site access is improved by sharing driveway access points with the 101 Walnut Street site. This substantially improves safety and site accessibility, and will reduce the traffic impact on Walnut Street. The easement connects the project to Arsenal Street on a new driveway on the 101 Walnut Street property and will combine the two existing driveways on Walnut Street. The Arsenal Street entrance requires the creation of a private drive from Arsenal Street to the structured parking garage at 85 Walnut Street. The naming of this Private Way will require final review and approval by the Town. The project has committed to measures to reduce the use of Single Occupancy Vehicles (SOVs) by encouraging car/vanpooling and the use of public transportation. The project will participate in the Transportation Management Association. The detailed Transportation Demand Measurement (TDM) Plan, in accordance with Town regulation, has been reviewed and approved DCDP staff. The required TDM plan commits the site to being a part of the TMA and working with the TMA for additional services including participating in shared shuttle service and paying a proportionate share. The Petitioner has made a commitment that it will not establish a separate shuttle service if shared service is available. 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.”


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Met: The redevelopment improves the existing conditions with minimal stormwater management at the site. The increased open space of the site is pervious and landscaped which also help with retaining runoff during storms. The stormwater management system includes measures for collecting, controlling, and treating stormwater runoff from the site. The improvements will reduce stormwater runoff peak flow rates and volumes leaving the site, increase groundwater recharge, and improve water quality of runoff. The system as designed and submitted suggests that there will be three Subsurface Infiltration Systems and an at- grade planted rain garden. The subsurface systems indicate a design to retain and infiltrate the entirety of the stormwater runoff from the 2-year, 24-hour storm and peak rates of runoff discharge will be reduced by 100% (2-year), 80% (10-year), 70% (25-year), and 59% (100-year). A Stormwater Pollution Prevention Plan (SWPPP) and an Operation and Maintenance Plan (O&M) must be provided so the proposed improvements and treatment measures are effective during, and after construction activities. The Stormwater system and plan will require a final review and approval by DPW. The December 3, 2019 Offsite Mitigation letter has identified that the Petitioner will contribute an additional $30,000 at the time of the building permit to supplement offsite stormwater improvements being made by the Town. 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: The existing and proposed utilities serving the site are located in Walnut Street. Electric service is indicated to be provided by a new primary service. As shown, the plans indicate using an existing utility pole along the northeasterly property line. This is required to be underground unless it is determined by DCDP that there is no option for undergrounding. Transformers, switchgear and primary electric service will be coordinated with Eversource. Telephone and cable TV service will be provided in a similar manner and will be coordinated with the providers. All new utility services will be installed underground. Water service will be provided via two separate connections to the existing 8” water line in Walnut Street. A new 8” water line will be installed on-site with a loop around the proposed building providing fire protection and domestic water service at the west side of the proposed building. An existing 8” water line serving the abutting residential property to the west of the site connects to the water line in Arsenal Street. An agreement has been reached with the owner of 204 Arsenal Street which would provide a connection to this water line at the southwest corner of the site. The existing 8” sewer that runs from east to west within the Town’s easement along the south side of the existing building will be relocated further south to be outside the footprint of the proposed building. The 8” sewer will be replaced with a new 12” line connecting back to the existing sewer at the upstream end and downstream end within the relocated sewer easements both on the property and on the abutting residential property. The new, relocated, 12” sewer on-site will have no 90-degree changes in direction and will improve the current condition created by the recent redevelopment to the west, with the required easement from the owners


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of the abutting property for the relocation completed. Onsite easements with the Town will also be required to be completed. Service truck deliveries, trash and recycling will be located on the west side of the site and managed by a private waste management contractor. The hours for regular service shall be limited to 7 AM to 5 PM. 7. Environmental Sustainability: “Proposed developments shall seek to diminish the heat island effect; employ passive solar techniques and design to maximize southern exposures, building materials, and shading; utilize energy-efficient technology and renewable energy resources; and minimize water use. All new developments requiring Site Plan Review in the NB, LB, CB, I-1, I-2, I-3, RMUD, and PSCD Districts must meet LEED Silver Certifiable requirements as outlined by the United States Green Building Council’s Leadership in Energy and Environmental Design (current addition as applicable) as a minimum.” Conditionally Met: The Petitioners have reduced the amount of impervious area on the site which helps reduce the heat-island effect and allows infiltration. The proposed project will also incorporate Low Impact Design (LID) for roof runoff and provide pervious areas on the site. The initial LEED checklist submitted shows that the building would have a total of 52 points met, another possible 41 points, and 17 not met. This is more than the required 50 points to be LEED Silver certifiable. The Town suggests that the petitioner consider becoming LEED certified rather than meet the minimum local requirement. The LEED documentation must be updated at the time of Building Permit and during construction, as necessary. As stated in the submittal, “The team will continue to review and refine … to ensure the design meets LEED requirements with the goal to design and construct a building which minimizes its impact on the environment as well as its life-cycle and long-term operating costs, while managing and reducing the burden the building will place on the local infrastructure.” For the required solar installation, the Petitioner has updated the plans to meet the minimum required solar. As part of the installation, the Petitioner has requested to delay the installation of the solar equipment by a maximum of one-year from certificate of occupancy. This delay is to allow the tenant lease-up to occur and determine the mix of uses and amount of parking required. Removing installed solar to add the top level of the garage would create complicated issues for the shadow/reduced parking installation. Installation of the rooftop would be more efficient if completed at the same time. This appears to be reasonable and should be a condition of approval. 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.” Conditionally Met: The service and loading area has been recessed within the outer limits of the building to help with screening that area from abutting neighbors. All rooftop and ground-mounted equipment will be screened through a combination of landscape (trees and shrubs)


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and fixed screen walls or fences. Metal trellises and plants are proposed along the west-facing garage façade. The final locations for rooftop equipment and the size and height of the screen wall may be modified with DCDP review, if necessary, based on final tenant use. 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 site is properly designed and no issues have been identified. The site is accessible by emergency vehicles from the Arsenal Street and Walnut Street entry with Fire truck access provided around the building. The building has three egress stairs. The garage has two stairs on opposite ends of the garage for egress from all levels. 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.” Conditionally Met: The design and placement of the buildings is intended to minimize impacts to abutting properties. The plans incorporate a stormwater management system to limit flooding. A construction management plan shall be submitted and followed, with the goal to manage construction parking and noise, dust and erosion, and other temporary impacts. Mechanical systems are suggested to be high efficiency and designed to operate at 90-95% efficiency and minimize noise levels. The Petitioner has agreed that acoustical engineering services will be included in later design phases to identify any noise sources that need to be addressed as part of the project. The lighting plan provides advanced fixtures and indicates that there is no direct light from the exterior light fixtures casting light beyond the site boundary. Fixtures are full-cut-off and most are at a pedestrian scale. The lights within the parking lot are limited to the amount needed for safe pedestrian access. The garage lights are LED fixtures with both Photocell and Occupancy Sensor control, to limit the time that they are on. They will also be required to be inset or shielded to remove direct views of the underside of the fixtures from offsite. The top level of the garage will be under a solar canopy with the same light requirements as other levels. During the interim period when the solar system has not been installed, the use of the top level should be minimized. If an interim lighting system must be installed, it must be reviewed and approved by DCDP. V. Staff Recommendation: Staff recommended that a Special Permit with Site Plan Review be granted based on the finding that the proposed project meets the criteria set forth under §9.03(c) and, §9.05 (b) and with the general purpose of the Ordinance outlined in §1.00 of the WZO, under §5.01.3 (a.2) and §5.01.5 (c&e) for new construction of an office, lab, and/or R&D, and allowing for, under §5.05 (d) reduced side yard setback; §4.11(d) for increased build-to-line; 4.10 for increased height of building, penthouse and screening; §6.01 h & f for shadow and reduced parking, with conditions.


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VI. Planning Board Deliberation and Recommendation: Testimony was taken at the Planning Board meeting on December 11, 2019. Public comments included concerns from Steve Kalmanides (spelling?) at 227-229 Arsenal Street in regard to increased traffic, trucks, and existing issues with right turns into the site. He felt the site should use Walnut Street and felt there was nothing positive for Arsenal Street. Paula Halpin, on Walnut Street across from the entrance spoke to commitments for winter snow ban parking with permits, noise of HVAC, trucking, potential for cut-through, and garage and site lighting (no poles/bollard for garage). Marcia Ciro also spoke to lighting and the garage (staff discussed solar on the garage and ensuring that the bottom of lighting would not be visible from adjacent properties within or on the garage). Chris xxx of Birch Rd also asked about lighting and to make sure there is not spillage as recently seen on other projects, and make sure there is commitment, not just consideration with the decision. Lisa Feltner, District Councilor spoke to requiring an adaptable parking garage and that zoning amendments might be needed to allow the garage to be reused. She identified concerns with adding the top level of the garage and potential shadows created on Birch Road. She reiterated the need to consider building less parking and the contradictory state of traffic and parking. Also, she identified concerns with implementation and screening and wanted to ensure that the project completes the lighting and screening adequately, and concern about who finalizes the developments park design and programming. The Board discussed the well done design process and appreciated the number of iterations and changes to make the project better. Payson Whitney identified that the realignment with Louise Street was a benefit, the Walnut Park is well done, challenged the team to looking at a green roof in areas of the roof not dedicated to HVAC or solar, and suggested that the language for winter maintenance of the Community Path be committed to in the conditions. Gary Shaw was in support of the project but did have some concerns and questions about mechanical screening and noise and acoustical study, dock screening, entrance points to the garage. Jason Cohen further identified the improved Walnut Street access as positive and asked about shorter pedestrian routes from Arsenal Street since that is where the bus route is. No better option was identified but he wanted to ensure the best pedestrian route feasible. Jeff Brown identified that lab space rather than office would be the best benefit to the community as it would have less traffic. Janet Buck acknowledged public comments and suggested that the community is in a transitional period and that the Town is pushing developers to have different parking plans and reduced parking. The Board also asked about phasing and how shadow parking and garage parking would be built if necessary. Some felt it would be better to build the garage prior to the shadow spaces. Staff suggested that the petitioner agreed to shadow spaces but would construct those first if necessary, as that was what the neighborhood and developer would prefer. The conversion of shadow spaces would be the least impactful to tenants and neighbors. The Board suggested that the construction management plan would need a parking management plan if the garage had the additional level built. Staff suggested that a condition could be added to allow this. The Board made two motions to recommend approval of the request for 85 Walnut Street and for the changes to 101 Walnut Street, as suggested by the Staff with a vote of 5-0 for approval.


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VII. 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 “Site Plan for Redevelopment of 85 Walnut Street – Watertown, MA, Issued for Special Permit on 11/12/2019 by RJOC (RJO’Connell & Associates, Inc.), as modified by these conditions (UPDATE plans to reflect shadow parking as necessary):

1. C-0 Cover Sheet 2. C-1 Existing Conditions Plan (by JK Homgrem Engineering) 3. EC-2 to 4 – Existing Conditions Plans 4. N-1 - Abbreviations 5. OS-1 – Overall Site Plan 6. C-1 -Demolition and Erosion Control Plan 7. C-2 – Grading and Drainage Plan 8. C-3 – Utility Plan 9. C-4 A&B – Parking and Traffic Control Plan 10. C-5 – Demolition and Control Details 11. C-6&7 -Grading and Drainage Details I&II 12. C-8 – Utility Detail 13. C-9&10– Site, Parking, and Traffic Control Details I&II 14. C-11 – Truck Turning Plan 15. L-1-5 – Landscape Plan; Existing Tree Protection and Removal plan; Park Plan;

Park Section; Planting Plan (all by Verdant Landscape Architecture) 16. AG-101 to104 – Garage Level 1, 2,3-4, and 5 Plans (by SGA) 17. AG-201 – Garage Elevations (SGA) 18. A-101 to 105 – Level 1, 2, 3, 4 Plan (SGA) 19. A-201 – North and South Elevations (SGA) 20. A-202 – East and West Elevations (SGA) 21. A-300 – Site Section (SGA) 22. Renderings (SGA) 23. SL-1 – Photometric Site Lighting Plan (LAM) 24. PV-1 – Photovoltaic Site Plan ECA Solar) To be replaced with solar assessment

submitted December 3, 2019 25. Project Special Permit with Site Plan Review Application dated 11/8/2019

with and attached packet that includes the supporting statement, Figures for open space, Interior open space, impervious coverage, Fire Truck, and WB-40 maneuvering plus attachments.

26. TDM Plan and Application signed on November 27, 2019 (final plan and approval by DCDP to be completed)

27. 85 Walnut St Offsite Mitigation Letter (12/3/2019) for Walnut St, Stormwater Infrastructure, and Inflow and Infiltration.

Perpetual ZEO/ ISD

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 may be considered and approved by the DCDP Director that are found to be consistent with the project approval.

Perpetual ZEO/ DCDP


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To be Verified by

3. 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

4. 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

5. Codes/Regulation Compliance. The Petitioners shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. CO ZEO/

ISD

6. 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

7. 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

8.

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. Submit as-built plans, showing site utilities, layout, topography and other

pertinent information, for the project to DPW for approval 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 paper and one electronic copy, and shall be on the same scale as the plan referenced in the Permit Conditions.

BP/CO ZEO/ISD/DPW

9.

Demolition/Construction. The Petitioners and/or Site Contractor shall: 1. Submit a Construction Management Plan for construction of the project

(including trucks access, staging, noise, vibration, hours, erosion controls), including a plan for vehicle parking and traffic management during construction to minimize use of neighborhood streets for construction purposes. (This plan may include reduced parking, offsite parking, shuttle services, and other methods to allow construction to occur.)

2. Provide a plan for the control and mitigation of accumulation of standing water for the prevention of vector borne diseases to the Health Department

3. Provide a plan for the control and mitigation of on-site noise, odors, dust, asbestos, and rodent abatement to the Health Department.

4. Provide a plan that includes protection measures for existing trees on and around the site.

Prior to Demo Permit and as determined by project

DCPD/ DPW/ Health/ Police

10.

Utilities/Sewer/Stormwater. DPW review and final approval of the water, sewer, and stormwater plans and connections are required prior to Building Permit. Provide plan and profiles of the proposed relocated municipal sewer utility for approval by the DPW prior to issuance of a Building Permit. 1) The Petitioner shall be required to remove four (4) 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. In lieu of physical improvements, the Applicant may fund the equivalent volume of system removal through the Town’s current inflow/ infiltration capital improvement program, as agreed to in the Offsite Mitigation Letter dated December 3, 2019. 2) As stormwater cannot be fully retained on site, the Petitioner shall provide a monetary contribution for future use by DPW to install stormwater controls as part of a future project, as agreed to in the Offsite Mitigation Letter dated December 3, 2019.

BP ZEO/DWP


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To be Verified by

11.

Municipal Clerk of the Works: 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 Petitioner. Funds shall be deposited in an escrow account and withdrawn as needed. The inspection schedule and budget shall be based on the information provided by the Petitioner and approved by the DPW.

BP DCDP/ DPW

12.

Transportation/ROW. 1. Prior to issuance of a Building Permit, the Applicant shall submit ROW

construction plans of all off-site improvements for review and approval by DPW and DCDP.

a. The Petitioner, in a mitigation letter dated 12/6/2019, identifies traffic calming measures along Walnut Street from Lincoln St. to Cypress St. The final design of these improvements shall be reviewed and approved by the Town.

b. The Petitioner’s plans include the building of a new 4-way intersection at Arsenal Street and Louise Street.

2. The final design of all off-site improvements must be reviewed and approved by DPW and DCDP Director prior to construction. The design plans shall require a Town Peer Review, paid for by the Petitioner.

3. Where changes to the Town’s Traffic Rules and Ordinances are required (i.e. loss of parking), the Petitioner shall present such changes to the Traffic Commission for their review and approval.

4. Submit as-built plans for all off-site improvements, including traffic control and signal timing plans, for review and approval by DPW, upon completion of construction activities and prior to issuing a Certificate of Occupancy.

5. All off-site improvements shall be completed to the satisfaction of the DPW and DCDP prior to issuance of a Certificate of Occupancy.

As referenced

DCDP/DPW/ ZEO

13.

Landscaping and Site Plan. The Petitioners shall: • Install sidewalk, granite curbing, and street trees, where appropriate, along the

property frontages per DPW and/or the Tree Warden’s requirements, including structural soil where necessary.

• As agreed to, allow public pedestrian access in the park and on the walkways throughout the site. The access as shown provides a connection from Walnut Street through the publicly accessible park space to the pedestrian easement on the adjacent property to the west and to Arsenal St. on the adjacent site to the east within the access easement (companion decision for 101 Walnut Street).

• Landscape Plans shall be subject to review and approval by DCDP Staff for species appropriateness, mix, size, quantity, and spacing.

• 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.

• Garage Lighting - All lighting within and on the garage shall be recessed or screened so the bottom of the lights are not directly visible from off site, and be photo and motion activated. During the interim period when the solar system has not been installed, the use of the top level should be minimized. If an interim lighting system must be installed, it must be reviewed and approved by DCDP.

BP/Perpetual DCDP

14.

Wayfinding. Provide wayfinding signage/plan for employee and public site access - including through access maps and signs from access points along Arsenal Street, Walnut Street, at adjacent properties, and at key locations within the site. The plan shall have final review and approval by DCDP Staff.

Two weeks after BP and installed by CO

DCDP


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To be Verified by

15.

Waste Management and Recyclables. The Petitioners shall provide a narrative that describes the method of solid waste disposal and recycling from all proposed buildings. All trash and recycling shall be collected by a private waste management company between the hours of 7am – 5pm only.

BP/ Perpetual DCDP

16.

Transportation Demand Management. In accordance with Town requirements, the submitted TDM Program shall be implemented by the Petitioner for the life of the Special Permit. The TDM plan commits the site to being a part of the TMA and working with the TMA for additional services including shared shuttle service, and to paying a proportionate share. The Petitioner has made a commitment to not establish a separate shuttle service if shared service is available. The petitioner has committed to, at a minimum, “during the winter parking ban, a portion of the structured parking will be made available to designated neighborhood residents to improve availability of parking options for the neighborhood during these periods.” (added from findings with change of suggested to committed)

Prior to BP and Perpetual

DCDP

17.

Transportation Management Association (TMA). The Town discourages multiple shuttle systems in town, and encourages shared shuttle service. The petitioner has agreed to become a member of the Watertown Transportation Management Association (WTMA) as currently constituted, or any successor organization to the WTMA. The petitioner has agreed to participate in a shuttle service through the TMA, or such other entity providing mutually acceptable shared shuttle service, including providing a financial contribution in a proportionate share in either instance. The petitioner affirms its participation in the TMA’s core mission to reduce single occupancy vehicle trips through its initiatives to encourage shuttle usage, transit use, ride sharing, carpooling, bike commuting, and emergency rides home.

Prior to Certificate of Occupancy /Perpetual

DCDP

18. Screening. All aspects of the project shall be required to provide appropriate screening for all storage areas, exposed machinery, HVAC, roof-top mechanicals, service areas, loading areas, transformers and utility connections, where appropriate.

Prior to CO/ Perpetual

ZEO/ DCDP

19.

LEED Certifiable. The Petitioner shall submit documentation during the construction process to show that the project is LEED Silver certifiable, including the LEED checklists indicating items that achieve a minimum of 50 points. Further, consider obtaining LEED certification.

Submit prior to BP and finalize prior to CO

ZEO/ DCDP

20.

Lab/R&D Use: A. The site shall be restricted to biosafety use type BSL-2 or lower. B. Any required hazardous materials shall be stored in dedicated areas following MA

State Building Code. Any industrial gases shall be contained in designated secure and screened areas with Town review and approval.

C. Deliveries. Regularly scheduled deliveries/loading shall be restricted to 7 AM to 5 PM.

D. Sound. Rooftop HVAC shall be appropriately screened with sound attenuation panels installed, if necessary, with review by DCDP.

E. Dispersion. If appropriate, an Exhaust Air Dispersion Report shall be required for occupancy/uses with chemical fume hoods.

F. Licensing and Rules. Any entities occupying this site engaged in lab/research shall comply with all Local, State and Federal guidelines, including NIH GUIDELINES FOR RESEARCH INVOLVING RECOMBINANT OR SYNTHETIC NUCLEIC ACID MOLECULES (NIH GUILDILINES) April 2016 or as updated. They shall also adhere to any current or future licensing, rules, or regulations required by the Town.

Building Permit/ Perpetual

DCDP/ Health

21. Access/Easements. Provide all necessary easements for on-site public use of the park, walkways/pedestrian/bicycle access, utilities, and public safety. Provide easement

CO/ Perpetual DCDP/CC


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To be Verified by

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.

22.

Solar Energy System. Provide an initial solar assessment at time of Special Permit, a final solar implementation and installation plan at time of Building Permit, as identified in WZO Section 8.05, Solar Energy Systems. The plans shall be approved by DCDP prior to Building Permit. The installation of the solar system may be delayed by a maximum of one-year from certificate of occupancy, based on the information in the report, as determined by DCDP.

BP and install by CO except garage

DCDP

23.

Shadow Parking. The Petitioner has agreed to provide shadow parking for approximately 66 surface spaces and a portion of current drive aisle. The plans should be updated to reflect this area with review by DCDP. The interim condition for the shadow parking should be pervious landscape with grass planted at a minimum. The Petitioner reserves the right to convert the shadow spaces into parking by submitting a letter to the Town, to allow flexibility in leasing tenant space.

Perpetual DCDP

24.

Community Path. Consider (suggestion for stronger wording) committing to keeping the section of the Community Path maintained for winter use from the Gables to the Lexus Site, in cooperation with 101 Walnut, so that the whole segment from Irving to School Streets is maintained.

Perpetual DCDP

25.

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