5 Middlesex Ave (PUD)

PB 2018-07

Date Filed with City Clerk June 13, 2018
Date of Decision June 7, 2018
Decision Petition Approved with Conditions
event that the a rental buidling is converted to condominium use at a future date 1. the waiver will expire; 2. the applicant will be expected to maintain the units at the affordable rental rates that were available prior to the conversion, either by selling them under Section 13.3.5 at a price that will permit the continued use of the units as affordable rental units at current rental rates, or by working with the OSPCD Housing Division on an alternative strategy to meet this condition. F. Linkages Affordable Housing Linkage Fee payments will be required to be paid to the Somerville Housing 68 Trust Fund before a CO is issued as required by Section 15 of the SZO as amended. 69 Jobs Creation and Retention Linkage Fee shall be paid to the Somerville Municipal Job Creation and Retention Trust before a CO is issued as required by Section 15 of the SZO as amended. Appendix E Appendices Page 31 of 32 Notes 5 Middlesex Ave PUD-PMP PB2017-07 June 7, 2018 # 70 Condition Evaluated by: Any new connection to the City's combined sanitary and drain system, or any increase in flows to an existing sanitary or drain connection require infiltration / inflow (I/I) mitigation. The Applicant shall work with the City Engineer to establish mitigation requirements, which will include an I/I fee as established by City policy, prior to building permit being issued. Those requirements must be satisfied before a Certificate of Occupancy is issued. Appendix E Appendices Page 32 of 32 Engineering Timeframe for compliance Notes CofO 5 Middlesex Ave PUD-PMP PB2017-07 June 7, 2018
apartments when first opening the waiver is approved, with the exception under item (c); c. In the
and the Inspectional Services Division a) a copy of the Response Action Outcome (RAO) Statement, signed by a Licensed Site Professional (LSP) and filed with DEP, verifying that a level of no significant risk for the proposed residential use has been achieved at the site; or b) if remediation has not reached the RAO stage, a statement signed by an LSP describing (i) the management of oil and hazardous materials/waste at the site , including release abatement measures intended to achieve a level of no significant risk for residential use at the site, treatment and storage on site, transportation off-site, and disposal at authorized facilities, (ii) a plan for protecting the health and safety of workers at the site, and (iii) a plan for monitoring air quality in the immediate neighborhood. Notification must be made, within the time period required under applicable regulations, to the Massachusetts Department of Environmental Protection (DEP) if there is any release of oil, hazardous materials, or regulated hazardous substances at the site. The City's OSE office, Fire Department and the Board of Health shall also be notified. Appendix E Appendices Page 23 of 32 Timeframe for compliance Planning/ Engineering BP Planning/ Economic Development Prior to submission of first SPSR-A Planning/ISD Demolition Permit OSE/FP/BOH At time of release Notes 5 Middlesex Ave PUD-PMP PB2017-07 June 7, 2018 # 9 10 11 12 13 14 15 Condition Evaluated by: Prior to acceptance by the City, any civic space, thoroughfare, or utility and the land upon which or within which it is located that is to be conveyed to the city must be certified by the Applicant to meet all Federal, State, and local environmental laws and other standards as they are applied at the time of conveyance. The Applicant is responsible for the preparation of all documentation necessary for the conveyance of these facilities to the City. The Applicant must contact the Engineering Department to obtain a street address prior to an SPSR-A application for the individual buildings. The applicant will submit a plan amendment to subdivide all public roadway right of way from development blocks, to be approved by the Planning Board, per the SZO, and filed with the Middlesex South Registry of Deeds. Any minor plan changes to this initial subdivision will be reviewed for approval by the Planning Director and Director of Transportation & Infrastructure as a minor plan change. Applicant shall be required work with the Planning Director, City Engineer, and the Fire Chief as necessary, to rename the new thoroughfares. The Applicant may suggest names but should involve the Ward Alderman with the previously mention department directors, and note that street names that are the same or similar to names already used in Somerville shall not be permitted. The applicant shall post the name and phone number of the general contractor at the site entrance where it is visible to people passing by. Approval is subject to the Applicant's and/or successor's right, title and interest in the property. The Applicant, its successors or assigns, shall be responsible for maintenance of both the buildings and all on-site amenities, including landscaping, fencing, lighting, parking areas and storm water systems, ensuring they are clean, well kept and in good and safe working order. Timeframe for compliance Planning/ISD Prior to acceptance Engineering Prior to submission of first SPSR-A Planning Prior to submission of first SPSR-A Engineering/ Planning Prior to submission of first SPSR-A Planning During construction Planning Continuous Planning Continuous 16 SPSR-A applications under the PMP shall include information required to ensure compliance with this PMP decision, including but not limited to information noted as required in the findings (Appendix A, B, C and D). Planning Addressed with each SPSR-A application 17 The Usable Open Space (Festival Streetscape, Pergola Plaza, Central Lawn, Gathering area, Rain Garden, Filtration Grove, and Promenade) must be submitted as a separate SPSR-A application and not included with any of the buildings' application packages. Final design should be coordinated with the Director of Transportation & Infrastructure. Planning SPSR-A T&I/T&P/ Planning SPSR-A B. Transportation / Traffic Circulation Applicant must identify a location for a future bike share station and provide a diagram of the 18 larger bike network ­ including new infrastructure on Revolution Drive, Grand Union, and Foley Street. Appendix E Appendices Page 24 of 32 Notes 5 Middlesex Ave PUD-PMP PB2017-07 June 7, 2018 # Condition 19 As a part of the continued effort to shift travel away from private cars, the Applicant shall provide sheltered and secure bike storage facilities in strategic locations, with each SPSR-A application. 20 21 22 Evaluated by: Screening of above-ground parking from any thoroughfare, access easement, sidewalk, civic space, or open space by walls, screening, artwork, fences, planting or other means, must be specified in detail and approved by Planning Staff and the DRC. The intersection of Middlesex Avenue and Mystic Avenue behind the existing building at 5 Middlesex will be further studied for redesign potential to a right in/right out T intersection. The Applicant will meet with the Director of Transportation & Infrastructure to review conceptual plans. If the conceptual plans are acceptable to the City, the Applicant will then convene a meeting between the Applicant's engineering team, the Director of Transportation & Infrastructure, and representatives from MassDOT. The Applicant and the Applicant's engineering team must participate in a future meeting between the Director of Traffic & Parking, the Director of Transportation & Infrastructure, and other development teams to review the intersection at Lombardi and Mt. Vernon as the TIS shows the LOS dropping. This meeting should also address potentially adding a video system (similar to Revolution Drive) to the signals at Middlesex and Foley. 23 All mitigation involving traffic signal upgrades must include specific discussion and documentation of the ability of all controllers to be left in place (before, during, and after construction) to fulfill the functions required of them by proposed mitigation. 24 All City of Somerville traffic control equipment and roadway elements must meet City specifications and standards unless they are otherwise approved by the City Engineer and are maintained by the Applicant under the maintenance agreement. 25 26 Applicant shall provide street lights that meet City standards on all public streets where lights are to be maintained by the City. The Applicant will be responsible for the initial cost of parking meters and cost of construction/installation of the parking meters in coordination with and to the standards of the Director of Traffic & Parking and the City Engineer. Appendix E Appendices Page 25 of 32 Timeframe for compliance Planning/T&I SPSR-A Planning SPSR-A Notes Planning/T&I T&I/T&P SPSR-A T&I/T&P/ Engineering SPSR-A T&P/Engineering Continuous Engineering/ DPW Continuous T&P/Engineering SPSR-A 5 Middlesex Ave PUD-PMP PB2017-07 June 7, 2018 # 27 28 29 Condition Evaluated by: Any Hotel use must have access to a shuttle van or bus, and provide complementary scheduled or on-demand guest shuttle services between the hotel and Logan Airport in order to reduce automobile trips between the airport and the hotel. The Applicant may coordinate a shared shuttle between other hotel operators in the ASMD. Conceptual plans for the operation of this service must be approved by the Director of Transportation & Infrastructure prior to the issuance of the Certificate of Occupancy for the Hotel. Revisions to operations at any time require approval by the DIrector of Transportation & Infrastructure. The property owner must have a signed contractual agreement to join or be a member of the Assembly Square Transportation Management Agency (TMA) established by Federal Realty and others. Proof of membership must be submitted to the Director prior to the issuance of the any Certificate of Occupancy for any building. The Applicant must submit a revised MMP to the Director prior to the submittal of any SP, SPSR, DSPR applications for individual buildings. The revised plan must provide an updated Mode Split/Trip Generation analysis using the Transportation & Infrastructure Division's required methodology and Average Vehicle Occupancy and Mode Splits from the Means of Transportation to Work (B08301) data for Census Tract 3398.01 from the U.S. Census 2016 5-year Estimates. 30 In the revised MMP, the Applicant must commit to achieving the City's goal to control the percentage of trips made by automobile at 50% or less, consistent with SomerVision. If annual monitoring and reporting identifies a shortfall in meeting this goal, additional mobility management programs and services must be implemented 31 The property owner of Block 21, Block 23, Block 25, and Block 26 must submit a MMP in accordance with the Director's submittal requirements prior to or simultaneously with the development review application (SP, SPSR, DSPR) required for each site. 32 In any lease agreement for a tenant with fifty (50) or more employees, the property owner of any building shall require the leasee to submit a MMP in accordance with the Directors submittal requirements for approval prior occupancy of the leased space. Standard lease agreement language to implement this condition must be approved by the Director prior to the issuance of any Certificate of Occupancy for the building. To verify ongoing conformance, the property owner must provide either a copy of the executed lease agreement or an affidavit signed by the owner and tenant verifying that this language was included and agreed to in the lease. Appendix E Appendices Page 26 of 32 Timeframe for compliance T&I CofO Planning/T&I CofO Planning/T&I SPSR-A Planning/T&I Perpetual T&I SPSR-A T&I CofO Notes 5 Middlesex Ave PUD-PMP PB2017-07 June 7, 2018 # 33 34 35 36 Condition Evaluated by: The cost to purchase, rent, or lease floor space must be `un-bundled' from the cost of parking. Parking spaces must be rented, leased, or sold as an option rather than a requirement of the rental, lease, or purchase of a dwelling unit or non-residential floor space. Standard lease agreement language to implement this condition must be approved by the Director prior to the issuance of any Certificate of Occupancy for the building. To verify ongoing conformance, the property owner must provide either a copy of the executed lease agreement or an affidavit signed by the owner and tenant verifying that this language was included and agreed to in the lease. The property owner must purchase and install a bike-share docking station with at least fifteen (15) docks and nine (9) shared bicycles. The station must be installed in a location approved by the Director prior to the issuance of the Certificate of Occupancy for Block 23 (the 8-story residential building at the corner of Grand Union Boulevard and Revolution Drive). NOTE: If a station with more docks is provided, additional bikes must be included to maintain a 0.57 bike to dock ratio. Annual Reporting to track, assess, and report on the implementation of the Mobility Management program as required by the Somerville Zoning Ordinance and the Planning Board's Mobility Management Plan Submittal Standards must be conducted at the same time each year, as determined by the CO for the first building, subject to the approved Mobility Management Plan. Approved Mobility Management Plans are transferable by and among private parties, contingent upon the new owner agreeing to continue to operate in accordance with the previously approved Mobility Management plan, as conditioned. Should the developer elect to transfer some portion or all of the development subject to this Mobility Management Plan, commitment to the previously approved Mobility Management Plan is required by the new property owner. C. Infrastructure Infrastructure must be designed to meet all requirements and standards of the City of Somerville and its relevant departments (including, but not limited to, the City Engineer, Department of Public Works, Inspectional Services, Traffic & Parking, Fire Department, and the divisions of the Mayor's Office of Strategic Planning and Community Development) and all other legal requirements for the installation of services within public rights-of-way. Subsequent SPSR-A applications must include 37 reasonable written evidence establishing that such infrastructure is sufficient to support the proposed development, that all details are designed to City standards, that installation, unless otherwise included in capital project work of the City, is done without cost to the City, and that installation will be functionally adequate and completed at the appropriate time in the course of the phases of development. Appendix E Appendices Page 27 of 32 Timeframe for compliance T&I CofO T&I CofO Planning/T&I Continuous Planning/T&I Continuous various SPSR-A Notes 5 Middlesex Ave PUD-PMP PB2017-07 June 7, 2018 # Condition Evaluated by: 38 All new sidewalks will be installed by the Applicant in accordance with the specifications of the Director of Transportation & Infrastructure and the City Engineer. 39 Applicant shall conduct additional hydraulic analyses to ensure that the City's system is capable of meeting the adjusted demands throughout the project. Applicant shall meet fire flow requirements while maintaining a minimum pressure of 20 psi at the fire location. In accordance with DEP guideline, a minimum pressure of 35 psi shall be maintained throughout the distribution system during normal demand conditions. 40 Applicant shall provide individual calculations to determine the sizes necessary for the water connections to each property. The proposed service connections to each of the new buildings shall be shown on further design drawings. Timeframe for compliance T&I/T&P/ Engineering/ DPW SPSR-A Engineering/Fire BP Engineering SPSR-A 41 Design and construction phasing of the stormwater management system shall be subject to review and approval by Engineering and the Director of Sustainability & Environment to ensure Engineering/OSE compliance with City standards and best practices for design and ongoing maintenance. 42 Applicant shall provide a detailed soil erosion control plan with each SPSR-A application and prior to construction. Engineering/ISD SPSR-A/BP 43 The Applicant is responsible for the installation of all necessary private infrastructure and utility improvements (such as electrical, telephone, data, CATV, and natural gas utilities), both on and off site, needed to support the development proposed and its constituent phases, as approved and conditioned, and such lines and equipment shall be placed underground from the source or connection. Wiring Inspector Installation of Utilities 44 The Applicant must contact the Engineering Department to coordinate the timeline for cutting or opening the street and/or sidewalk for utility connections or other construction. There is a moratorium on opening streets from November 1st to April 1st and there is a list of streets that have additional opening restrictions. Engineering BP 45 The Applicant shall at his expense replace any existing equipment (including, but not limited to street sign poles, signs, traffic signal poles, traffic signal equipment, wheel chair ramps, granite curbing, etc) and the entire sidewalk immediately abutting the subject property if damaged as a result of construction activity. All new sidewalks and driveways must be constructed to DPW standard. Engineering CofO 46 All construction materials and equipment must be stored onsite. If occupancy of the street layout is required, such occupancy must be in conformance with the requirements of the Manual on Uniform Traffic Control Devices and the prior approval of the Traffic and Parking Department must be obtained. T&P/DPW During construction Appendix E Appendices Page 28 of 32 Notes SPSR-A 5 Middlesex Ave PUD-PMP PB2017-07 June 7, 2018 # Condition Evaluated by: Timeframe for compliance Notes Applicant shall be responsible for all design, construction, maintenance and repair of all roadways, streetscape including street lighting and other street furniture furnishings, and parks and open space which are part of the PUD. Applicant shall be responsible for the design and construction of water, sewer, and storm drainage systems serving the PUD. Applicant shall be responsible for the usage costs of electricity, gas, water, cable and other utilities furnished to the PUD, and for trash removal. The City shall be responsible for the maintenance and repair of water, sewer, and storm water conduits, and traffic signals on public ways. 47 The City shall also be responsible for snowplowing and street cleaning, including the cleaning of catch basins, except that the City shall not be responsible for any LID tree boxes without prior approval of the CIty Arborist and the CIty Engineer. The Applicant shall be responsible for designing, constructing, maintaining, and repairing similar "Smart Technology" required by MEPA. All utilities shall be designed and installed in accordance with the City of Somerville's standards and specifications. Notwithstanding the foregoing, if the maintenance agreement includes provisions that are inconsistent with this condition the maintenance agreement shall supercede this condition. D. Urban Design and Design Guidelines Each individual building provide interior disposal and storage systems for trash and recycling with locations clearly indicated on site plans. Storage areas shall be inside of the structure and 48 screening or loading dock doors must be designed as an integral part of the architecture and the building elevation and remain closed unless in active use. 49 50 51 52 53 Any transformers should be located as not to impact the buildings or landscaped area, and shall be fully screened to the extent permissible by code. Prior to Start of Planning Director / Work Beyond Core City Engineer & Shell of Building Planning Director / DPW Addressed with each SPSR-A application Planning/ISD/ DPW SPSR-A There shall be a minimum of one tree for each 1,000 sf of required landscaped area under SZO §10.3 installed and maintained in compliance with the American Nurserymen's Association Planning/T&I Standards and in accordance with the City Arborist. Signage shall be subject to separate review and approvals by the Design Review Committee and Planning the Planning Board, as required and customary. All storefronts and retail signage shall be consistent with the Assembly Row Storefronts and Signage Design Standards. Storefronts or retail signage that is inconsistent with the guidelines shall Planning Director be provided to DRC and Planning Board for review and approval. This approval does not constitute approval for any signage on the building above the retail level except for the building addresses at entryways and garage directional signage. The design of these signs shall be submitted to Planning Staff for review and approval. This approval does not consititue approval for any of the roof signs or signs at the top of the towers. Appendix E Appendices Page 29 of 32 Planning Director SPSR-A SPSR-A Building Permit for retail unit and retail signage Building Permit for Signage 5 Middlesex Ave PUD-PMP PB2017-07 June 7, 2018 # Condition Evaluated by: 54 To the extent possible, all exterior lighting must be confined to the subject property, cast light downward and must not intrude, interfere or spill onto neighboring properties. Timeframe for compliance Planning SPSR-A 55 As part of each site plan review submittal, the Applicant shall provide calculations showing that the percentage of open space and usable open space meets the zoning requirement for a PUD-A within the ASMD. Planning SPSR-A 56 Applicant shall ensure that all trees meet the species, caliper, well size, and planting specifications of the City Arborist. T&I SPSR-A OSE/Planning SPSR-A 58 Each subsequent SPSR-A application submitted under this PUD-PMP must document how the proposed development, including civic spaces, public realm improvements, and buildings, will help to reduce the urban heat island, assist in the City's stated objective to be Net Zero by 2050, and assess whether the infrastructure presents an opportunity for reducing demand and/or district energy solutions. OSE/Planning SPSR-A 59 Each subsequent SPSR-A application submitted under this PUD-PMP must submit the necessary LEED worksheets along with narratives explaining the methods of compliance with each point achieved. OSE/Planning SPSR-A 60 Applicant shall provide material and color samples for all exterior cladding, trim, windows, and doors to Planning Staff and the Design Review Committee for review, comment, and approval as part of the review required with each SPSR-A application. Planning SPSR-A 61 Applicant shall provide an on-site mock-up or final building material samples (including color and texture) to Planning Staff and the Design Review Committee for review, comment, and approval prior to the issuance of a Building Permit. Planning BP Planning SPSR-A 57 62 Each subsequent SPSR-A application submitted under this PUD-PMP must identify vulnerabilities and/or risk for each parcel based on the City's Climate Change Vulnerability Assessment. The application should clearly identify the extent and nature of planning/design interventions necessary to mitigate those risks. To ensure effective strategies for resiliency by preparing for weather and flooding impacts, the Director of the Office of Sustainability & Environment shall define specific appropriate expectations for responses to this condition, and the applicant shall provide these responses with each PUD-PMP application. Where sides or backs of buildings face a civic space, they must incorporate (physically or visually) strategies that address the public frontage and impact of these spaces. These strategies need not be related to retail spaces or functional entrances, and can be small in scale. But, these spaces should be ambitious, active and should encourage creativity and engagement. These spaces may include, but are not limited to, public art installations or display cases for artwork, large scale supergraphics or murals, green walls, and/or artist/maker space, etc. Notes E. Affordable Housing Appendix E Appendices Page 30 of 32 5 Middlesex Ave PUD-PMP PB2017-07 June 7, 2018 Condition 63 A draft Affordable Housing program must be provided by the Applicant showing the anticipated affordable units - types and sizes - in each DSPR application. Planning SPSR-A 64 The AHIP must be approved by the OSPCD Housing Division and executed prior to issuance of Building Permit. Housing BP Housing CofO Housing CofO Housing CofO Housing CofO Economic Development CofO 65 66 67 Evaluated by: Timeframe for compliance # Written certification of the creation of affordable housing units, any fractional payment required, or alternative methods of compliance, must be obtained from the OSPCD Housing Division before the issuance of a Certificate of Occupancy (C.O.). No C.O. shall be issued until the OSPCD Housing Division has confirmed that the Affordable Housing Restriction has been approved and recorded and the developer has provided the promised affordable units on-site. No Certificate of Occupancy shall be issued until the OSPCD Housing Division has confirmed that: (for Condominium Projects) the Condominium Documents have been approved and the Developer has agreed to a form of Deed Rider for the Affordable Unit(s), or (for Rental Projects) the Developer has agreed to and executed a Memorandum of Understanding for Monitoring of the Affordable Unit(s). In the circumstance where the applicant proposes and builds a condominum building with individual units for sale upon completion of the building, the applicant may request a Section 13.3.5 waiver and the City will determine the appropriateness of the waiver on a case by case basis. b. In the circumstance where the applicant proposes a building that is used as rental
The approval of this PMP does not incorporate any of the following items a) Any interior layout of buildings; b) Locations of and specifications for elements of the public right of way to be covered in the maintenance agreement per Condition #3 and #4; c) Design details within individual open spaces to be reviewed per Condition #5; d) Any off-site design. 2 3 4 The approval of this PMP shall be considered to be approval of the width of roadway and rights-ofways. For each street, 100% street design plans, consistent with the PMP and the City's Complete Street Ordinance, must be filed with the City Engineer, Traffic and Parking Director, Transportation & Infrastructure Director and Planning Director for review and compliance with city standards and Planning Director / sound engineering practices. Applicant shall provide detailed roadway marking plans and cross City Engineer / sections, including bicycle and pedestrian design details (markings, signals, crosswalks, street T&P Director furnitures, etc.) Bike lanes shall be provided as determined by the City's Transportation & Infrastructure Director. All modes must be considered and accommodated in these details, and NACTO minimum accommodations incorporated. Continuous Applicant will work with the City to develop the long term maintenance agreement noted in Section 12.1B of the application form that will provide for the Proponent's commitments to the Prior to Start of City relative to maintenance of the elements of the public right of ways including sidewalk Planning Director / Work Beyond Core treatments, street trees, landscaping , finishes, street furniture and other amenities. The City will City Engineer & Shell of Building not maintain anything that is not consistent with City standard, unless otherwise approved by the City Engineer. Pursuant to #3 above, design of sidewalk treatments, street trees, landscaping , finishes, street furniture and other amenities that are to be maintained by the Applicant will be submitted to the City Engineer and Planning Director for review and approval. Appendix E Appendices Page 22 of 32 Planning Director / City Engineer Prior to opening of any new public street in the project 5 Middlesex Ave PUD-PMP PB2017-07 June 7, 2018 # Condition 5 Applicant will work with the City to develop the long term maintenance agreement for the Useable Open Space as required in Article 17 of the SZO. The agreement shall specify the requirements for public access and private maintenance of useable open space of the Central Lawn and surrounding open space, as required by the SZO. The applicant shall build out and maintain all of the open space and allow public access to all of the useable open space in the plan as required by the SZO. The applicant will submit 100% construction plans for open space to the City for review and comment. 6 7 8 Evaluated by: Applicant shall, per the agreement made with the OSPCD Economic Development Director, sign a covenant prior to the first SPSR-A application, which indicates that the amount provided towards public benefits and improvements. This is in addition to any required linkage payments per Article 15, on-site inclusionary zoning per Article 13, and the required provision and maintenance on land owned by the applicant. The covenant shall indicate that a portion of the total improvement may be provided by the applicant completing in-kind work. Unless otherwise permitted by the covenant, the funds may be dedicated to infrastructure upgrades of public property in and around Assembly Square, and shall include a substantial portion of the funding towards: a) improvements to Draw 7 and/or Foss Park; b) lighting and other improvements to the Kensington Underpass; c) highway sound barriers; and, d) improvements to transit infrastructure. Because of the history of the site and the intended use, the Applicant shall, prior to issuance of any demolition permit and/or any building permit for the project, provide to the Planning Department
Appendix E XMBLY (5 Middlesex Ave) PUD-PMP: Conditions # Condition Evaluated by: A. General Approval is based upon the Preliminary Master Plan submitted by Vanasse Hangen Brustlin, Inc. dated May 7, 2018 (received by the Planning Staff as an update to the original submission stamped in at the City Clerk's office on March 15, 2018), including Chapters 1-6 plus the Appendices A-D. Any changes to the submitted application material that do not qualify as a minor PUD amendment must receive Planning Board approval, unless such changes are designed only to establish compliance with one of the conditions of this PMP approval. 1 Planning Timeframe for compliance Notes Continuous
rental buidling is converted to condominium use at a future date 1. the waiver will expire; 2. the applicant will be expected to maintain the units at the affordable rental rates that were available prior to the conversion, either by selling them under Section 13.3.5 at a price that will permit the continued use of the units as affordable rental units at current rental rates, or by working with the OSPCD Housing Division on an alternative strategy to meet this condition. Appendices Page 20 of 32 5 Middlesex Ave PUD-PMP PB2017-07 June 7, 2018 Section Required Finding Met Strict enforcement of such standards or requirements would run counter to achieving the objectives of the ASD Plan; The application is substantially consistent with the objectives of the ASD Plan and advances the objectives of the ASD Plan; In the case of any Alteration of a Nonconforming Structure, a Change of Nonconforming Use, or a Major Amendment to an Approved PUD, such alteration, change or amendment shall conform, to the extent feasible, to the objectives of the ASD Plan Comment The granting of the above waivers would result in a better site plan that furthers the purpose of the ASMD and will not cause detriment to the surrounding neighborhood. Regarding all waivers: Limiting density (by restricting height) on a site so close to the T station and requiring the full number of loading docks would be in conflict with the ASD Plan objectives. The right of first refusal waiver is necessary to make it possible to finance the project with the affordable housing intended by the ASD plan and the City's zoning Regarding all waivers: The project will achieve the objectives of the ASD Plan by developing a true mixed-use program, incorporating pedestrian and transit-oriented planning, and creating a series of new pedestrian-oriented public spaces, while minimizing environmental impacts by locating development on previously paved and/or otherwise disturbed land. All waivers will work to make this project more effective, imporve its overall design, and ensure that affordable housing can be provided. n/a This finding does not apply in this case. x 6.4.12.a.2 Appendix D To Address Waiver in SPSR-A Regarding all waivers: x 6.4.12.a.1 6.4.12.a.3 Not Met n/a Appendices Page 21 of 32 5 Middlesex Ave PUD-PMP PB2017-07 June 7, 2018
that is used as rental apartments when first opening the staff supports the waiver, with the exception under item (c); c. In the event that the a
The staff is supportive of this waiver if it is limited as follows a. In the circumstance where the applicant proposes and builds a condominum building with individual units for sale upon completion of the building, the staff recommends reviweing the appropriateness of a waiver on a case by case basis. b. In the circumstance where the applicant proposes a building
making a determination that (a) such a waiver would result in a better site plan than strict compliance with the stated standards; (b) the proposed PUD design furthers the Purpose and PUD Design Guidelines of this section; and (c) the granting of such a waiver will not cause detriment to the surrounding neighborhood. x x 16.5.4 Not Met To Address Waiver in SPSR-A 1. A waiver is requested for exceeding the maximum height limit for the proposed Project. The Project Site is located within a PUD-A district and per Section 6.4.6 ­ Assembly Square Mixed Use District ("ASMD") Table of Dimensional Requirements ­ the Project Site is located more than 350 feet from the Mystic River Bank and more than 1,000 feet from an MBTA Orange Line entrance, therefore the maximum building height requirement for "all other locations" is 125 feet. Relief is sought for the buildings at Blocks 21, 25, and 26, which are proposed to exceed the maximum building height by 125 feet, 95 feet, and 10 feet, respectively. Given the distance from the river and the adjacency to the highway, Staff recommends the increased building heights - 250' for the commercial towers on Block 21, 220' for the residential building called Block 25, and 135' for the commercial Block 26. The combination of heights offer a diversity in the skyline proposed by this development. The impact on surrounding properties is limited. Placing the taller commercial buildings at the corner of the site allows for an overall site deisgn that maintains the largest block on the site for the purpose of office/lab uses. 2. A waiver is requested from the loading bay requirement stated in Section 9.16 and Section 9.7, and described in Section 16.5.5. As encouraged in Section 9.16.3, the Applicant is proposing a shared loading approach. Based on the zoning requirements, the maximum loading need for the project would be 20 loading spaces through a combination of retail, residential restaurant and office/lab/research & development uses. The Project design includes four (4) loading bay spaces located in Block 21, on-street timerestricted loading bay spaces located adjacent to Block 23 and Block 25, 2 existing loading bay spaces are to remain in use on Block 24. Staff recommends approving the reduced number of loading docks to accomodate a shared service approach. Individual tenant use of the loading bays by the primary uses will be for supply deliveries and some shorter term deliveries will be able to occur with two small vans simultaneously utilizing one loading area only allocated for one larger truck per the zoning standards. 3. The Applicant is seeking a waiver of any right of first refusal or option to purchase the Planning Board might have under Section 13.3.5 of the Zoning Ordinance, or otherwise, in connection with the Project. The Applicant requests that the Planning Board's approval of the Project's Special Permit with Site Plan Review also approve such waiver and that the Planning Board, upon such approval, execute the Waiver of Right of First Refusal. The project will provide the required 20% affordable housing required by Section 13. The applcant is only seeking a waiver of a provision in Section 13.3.5. This provision of Section 13.3.5 was to purchase units to maintain affordable rentals in the event that a) individual residential units are sold as condominiums, either up completion of the project or at some future time; and b) the City determines that it will be better to maintain thiese units as rental units. This becomes a particularly challenging issue when a project converts to condos at a later date. The City may want to maintain these units as rental, by exercising this right, especially as it may allow the City to maintain the units at affordable rental rates (50%/80%/110% of AMI) rather than shifting to the higher affordable ownership rates (80%/110%/140%). Staff understands tha this provision makes it difficult to finance projects at the start, as it is written in a way that permits the City to exercise a purchase right at any time. x Appendix D Comment
Appendix D Standards for Waivers
Additional Findings and Determinations Prior to granting a Special Permit with Site Plan Review-A, the SPGA shall make findings and determinations as noted in 6.4.9.C.4 x 6.4.9.C.4 5.2.5.a Information supplied. Complies with the information requirements of Section 5.2.3 5.2.5.b Compliance with standards. Complies with such criteria or standards as may be set forth in this Ordinance which refer to the granting of the requested Special Permit with Site Plan Review. Appendix C See Appendix B for consistency with the Design Guidelines set out in 6.4.7B and 6.4.8E of the SZO. The application package in Design Guidelines by which the future SPSR-A submissions will be reviewed. x x Appendices Page 18 of 32 These additional findings adddress submittal requirements, criteria for review, impact on public services, site surface drainage, access to buildings, utilities, signage, transformers, screening, and shadow impacts. The overall development plan does not show any apparent inconsistencies with these objectives. Individual projects will need review to ensure they are consistent with these required additional findings and determinations. Applicants will need to submit all required information for SPSR-A applications. Applicants will need to meet individual SPSR-A findings as identified in this Appendix C. 5 Middlesex Ave PUD-PMP PB2017-07 June 7, 2018 Section Required Finding Met Purpose of district. Is consistent with the intent of the specific zoning district as specified in Article 6 5.2.5.c 5.2.5.d 5.2.5.e 5.2.5.f 5.2.5.g 5.2.5.h Appendix C Site and area compatibility. Is designed in a manner that is compatible with the existing natural features of the site and is compatible with the characteristics of the surrounding area, and that the scale, massing and detailing of buildings are compatible with those prevalent in the surrounding area Functional design. Meets accepted standards and criteria for the functional design of facilities, structures, and site construction Not Met To Address Comment in SPSR-A The overall plan is consistent with the intent of the specific zoning district. Projects that are consistent with the PMP should be able to meet this finding. Projects that deviate from the PMP will need review within the x SPSR-A review process to ensure they remain compatable with the purpose of the district. x x Impact on Public Systems. Will not create adverse impacts on the public services and facilities serving the development, such as the sanitary sewer system, the storm drainage system, the public water supply, the recreational system, the street system for vehicular traffic, and the sidewalks and footpaths for pedestrian traffic x Environmental impacts. Will not create adverse environmental impacts, including those that may occur off the site, or such potential adverse impacts will be mitigated in connection with the proposed development, so that the development will be compatible with the surrounding area Consistency with purposes. Is consistent with: 1) the purposes of this Ordinance, particularly those set forth in Article 1 and Article 5; and 2) the purposes, provisions, and specific objectives applicable to the requested special permit with site plan review which may be set forth elsewhere in this Ordinance, such as, but not limited to, those at the beginning of the various sections. x x Appendices Page 19 of 32 Projects that are consistent with the PMP should be able to meet this finding. Projects that deviate from the PMP will need review wihtin the SPSR-A review process to ensure they remain compatible with the natural features of the area. Individual buildings will need to be reviewed during the SPSR-A process to ensure that the functional design meets acceptable standards. The applicant has adequately addressed that the overall project, with agreed-upon public service upgrades, will have adequate public services. Projects will be addressed in the SPSR-A process to ensure that their utility impact remains consistent with the PMP and does not have any adverse impacts within the development site. The applicant has adequately addressed that the overall project mitigates adverse environmental impacts. Individual projects will need review under SPSR-A for consistency with the PMP as well as any unanticipated environmental impacts. The project described in the PMP meets this finding, but individual developments in the SPSR-A process will also need to establish that they continue to meet this finding. 5 Middlesex Ave PUD-PMP PB2017-07 June 7, 2018
The application (should) promote the following objectives mix of residential, office, research and development, retail, hotels, places of assembly and institutional uses' economic benefits and employment opportunities' structured parking; pedestrian and bicycle access; affordable housing usits and project mitigation contribution; view corridors to the Mystic River; enhanced and activated Open Space' creation of new Open Space or enhancement of existing Open Space; and, . . . support transit service at (the MBTA Station). Not Met To Address Comment in SPSR-A Individual SPSR-A projects will be assessed for any additional traffic impacts that they may create, above and beyond what was anticipated in the original traffic study, with any appropriate mitigation planned accordingly. Review of pedestrian and vehicle entries and exits will be x subject to review by the DIrector of Transportation & Infrastructure and the SPGA before project approval. x The overall development meets these objectives. Individual projects will need review to ensure they are consistent with the PMP and these objectives. x
Appendix C Future Requirements for SPSR-A
Appendix B Required Findings of Fact
Appendix A Application Requirements A.1: Procedures for PUD Applications - Supportive Information (SZO 16.8) A.2: General Information Required for SPSR Applications (SZO 5.2) A.3: Denial Letter Requirement (SZO 16.12)
Green Building Practices The Applicant is committed to an integrated, sustainable design approach. The project is currently targeting a goal of Leadership in Energy and Environmental Design® ("LEED") Version 4 Certified rating. The Proponent will provide a LEEDv4 checklist as part of the Special Permit application for each subsequent building. In recognition of the City's goal to achieve carbon neutrality by 2050, the design team has raised finished floor elevations and the location of the proposed buildings' critical infrastructure for occupiable spaces above the projected flood elevations. Energy modeling will also be employed for each building to examine building performance and to examine opportunities to provide innovative sustainable design solutions focused on reducing GHG emissions.
Subject Property The Project Site is a 9.38-acre lot bounded by Foley Street, Middlesex Avenue, Revolution Drive and Grand Union Boulevard in the heart of Assembly Row. The adjacent parcels to the north (across Foley Street) and south (across Revolution Drive) support existing retail uses and surface parking. The adjacent parcels to the north and east (across Grand Union Boulevard) are part of the Assembly Row mixed-use development. The Site is located within walking distance from the Massachusetts Bay Transportation Authority's (MBTA) Orange Line Assembly rail station and multiple bus stops for the MBTA's number 90 and 92 bus lines. The existing site contains an existing four-level 162,000 square foot ("SF") office building, approximately 800 parking spaces within an asphalt paved surface parking lot, and a gravel lot covering land where a demolished building once stood. On July 25, 2016 Somerville Office Associates applied for a minor subdivision to reconfigure the parcels at 5-7 Middlesex Avenue and Grand Union Boulevard to create two parcels called Block 9 and New Parcel 2 (Case#: PB 2016-12). The subdivision did not create zoning violations and enabled Block 9 of the Assembly Row Master Plan to be developed with a more functional parcel shape. The applicants at Assembly Row will be returning to the Board at a future date to adjust the plan for Block 9 to match the new parcel shape. The subdivision also allowed for future development of the New Parcel 2. This parcel is part of this application that requires approval of a Preliminary Master Plan under the Planned Unit Development-A zoning. Surrounding Neighborhood: The Assembly Square Mixed-use District (ASMD) encompasses the area bounded by the Mystic River, the Boston City Line (excluding the property east of the Rockport/Newburyport commuter rail line), the I-93/Route 38 corridor and Route 28. The Planned Unit Development Preliminary Master Plan (PUD-PMP) for Assembly Row, approved in 2006 and amended in 2010 and 2014, is to redevelop approximately 56.2 acres of land in the Assembly Square area of Somerville, Massachusetts with a new transit-oriented mixed-use development consisting of approximately 1,843 residential units, 2.8 million square feet of commercial uses permitted under the SZO including, but not limited to office, research & development, laboratory, medical office, manufacturing, etc., 585,000 SF of retail space (including restaurants and cinema), a health club, and an up to 170-room hotel. The Project also includes the continued use and occupancy of the retail uses at the existing building known as the Assembly Square Marketplace. Construction of the Project is planned in multiple phases to be constructed over ten to fifteen years. The self-storage/café building further down Middlesex Avenue was also approved through a PUD-PMP process. These are the two master plan projects that have been proposed and are underway or complete in Assembly Square. The "Assembly's Edge" project (845 McGrath Highway and 74 Middlesex Avenue) was recently approved for a PUD-PMP and has submitted a Site Plan application.
Proposal The Project will consist of approximately 1.5 million square feet (MSF) of residential and commercial uses within five (5) mixed-use buildings, each on its own block, surrounding a central open space: · Block 26 is intended to provide · Block 21 includes office/lab uses, 140,000 SF of commercial retail/active use space, and a fire (office/R&D uses) over 10 levels. station of 646,000 SF proposed as two towers sitting above a 5-level podium (the lower tower at approximately 190' and the taller tower at approximately 250'); · Block 23 includes 6 levels of 329 residential units above a two-story podium of retail/active use space and parking; · Block 24 is the existing four-level office building; · Block 25 is proposed to be 220-0" and located in the center of the site with 187,000 SF for 167 residential units; and The Project proposes to provide approximately 145,630 square feet of open space and 90,840 square feet of publicly accessible usable open space with a 48,000sf central lawn bounded by Block 21, Block 24 and Road K. Design and Compatibility: The project proposes an extension of the overall public realm strategies established at Assembly Row; adapted and evolved to create a series of spaces that are identifiably unique yet intimately connected to the neighborhood at large. To achieve this, special focus has been given to creating a positive pedestrian experience as an extension of the network established at Assembly Row. The open space design provides approximately 145,630 square feet of open space in a series of landscape experiences. This is achieved through the provision of flexible spaces that can support a broad range of programming; development of landscape spaces at multiple scales to support different levels of social interaction; seamless integration of stormwater best management practices, and climate change planning measures; and includes strategies for addressing adjacent highway impacts. Part of Road K adjacent to the Central Lawn will be a Festival Street. A flush street/sidewalk condition, a woonerf similar to the condition at Point Park in Assembly Square, that allows the vehicular street area to be closed-off and allows the street to be used in conjunction with the streetscape for neighborhood celebrations. While the design of the buildings located in the northern portion of the Assembly Row vernacular which pays homage to the Site's rich industrial past, the proposed office developments to the southern portion of Assembly Row as well as the Partner's Healthcare Headquarters facility have transitioned to a more modern architectural aesthetic. A critical point of emphasis is for each building (for all use types) to express a distinct base, middle, and top, as well as offering a varied expression at the roof line to contribute to the Somerville skyline in this district. While common themes will be emphasized (such as the expression of the structural column grid, scale-appropriate rhythm for openings, and a mix of opaque and transparent materials) flexibility is given within the design guidelines for the buildings to have a distinct architectural expression, while also encouraging a cohesive relationship with the surrounding neighborhood. In accordance with the design guidelines created for this development, the proposed buildings are intended to offer a diverse range of architectural expression. These buildings are intended to be designed with a focus on the pedestrian experience, and careful consideration will be given to elements at the ground level (such as canopies, storefronts, and building entrances) to define a comfortable pedestrian scale at the street edge. A high level of transparency will be offered at the ground level to encourage activation and to provide opportunities for a "porous" edge condition. Access and Circulation: The proposed street layout to continue the street grid and extend the urban fabric which has been established at Assembly Row (to the east) and to provide future connectivity to the adjacent retail parcels (to the north and south). The pedestrian pathways and sidewalk connections will be designed to be seamless with the existing network street sections and amenities/furnishings in the vicinity. Vehicular connections have been well considered but the priority of the public realm design focuses on the pedestrian. The existing roadways at Assembly Row are shared-use, promoting the use of bicycle transportation. Road K will continue that emphasis and a shared bike station will be provided within the development area. The site also has convenient public transit access including one (1) MBTA Orange Line station at Assembly Square approximately 1,200 feet to the east, and three (3) bus routes with stops near the Project Site along Middlesex Avenue, Mystic Avenue, and Grand Union Boulevard. These connections provide opportunities to minimize vehicle trips and encourage alternative modes of travel. Impact on Affordable Housing: The Applicant is proposing that 20% of the residential units to be constructed as part of the Project will be set aside as affordable units consistent with the Provisions of SZO Article 13 ­ Inclusionary Housing. Block 23, the 8-story residential building at the intersection of Grand Union Boulevard and Revolution Drive will house 329 dwelling unit and the Block 25 tower will have 160 units for a total of 489. The 98 affordable units will be finalized with the City under the required Affordable Housing Implementation Plan during the subsequent SPSR-A applications. SomerVision Plan: The Project is consistent with the goals of SomerVision, as it is located within an identified opportunity area of Somerville. As proposed, the project will enhance connections to the Assembly Row development from residential areas located in East Somerville on the southern edge of the ASMD. SomerVision Summary Dwelling Units: Affordable Units: Commercial Sq. Ft.: Estimated Employment: Existing Proposed 0 0 162,000 unknown 496 98 948,000 unknown Parking Spaces: Publicly Accessible Open Space: 800 0 1,662 90,840 Dimensional Requirements: 16.5.1. a. Minimum lot size (s.f.) b. Maximum FAR Uses within a PUD-A or SPSR-A uses Provided Comments 20,000 408,643 conforming 10.0 3.65 conforming No minimum 824 25% 33% (145,630sf) conforming 12.5% 21% (90,840sf) conforming 125 feet 135', 200', & 250' office and 220' residential waiver requested No minimum 0' conforming c. Minimum lot area/dwelling unit. 10 or more units (s.f.) d. Total open space (1) e. Useable open space (1) f. Maximum height (2) All other locations g. Setbacks (front, side, and rear perimeter)
Dates of Public Hearing May 15th, 2018, June 7th, 2018 This staff report has been updated to include information about recent collaboration efforts. Updated portions of this staff report have been highlighted in yellow. Portions which no longer apply have been struck.
Legal Notice Applicant, CDNV Assembly LLC, and Owner, CDNV Assembly LLC & RD Management LLC, is seeking a Planned Unit Development-A Preliminary Master Plan (PUD-PMP) under Article 16 and Section 6.4 of the Somerville Zoning Ordinance (SZO) for 9.38 acres (lots 88-A-1 & 99-A-15) in the Assembly Square Mixed-Use District (ASMD) to develop a transit-oriented mixed-use development to include commercial (office/R&D/lab), residential, and retail. The following waivers are requested: 1. for relief under §6.4.12.A and §16.5.4 for additional building height as follows; a. "Block 21" commercial uses is composed of a 5-story podium and two towers - one building will be 200' to the top of roof, and the other 250' high ­ with a total of 646,000sf; b. "Block 25" will be a residential tower 220' high containing 167 units; and, c. "Block 26" will be a commercial building 135' high containing approximately 140,000sf. 2. for relief under §16.5.5 to allow 8 loading docks to be shared between uses 3. for relief under §13.3.5 to waive the Planning Board's right of first refusal or option to purchase the inclusionary units.
Alderman Matt McLaughlin
Agent Address 700 District Avenue, Burlington, MA 01803
Agent Name Reimer Braunstein LLP
Property Owner Address 120 Water Street, Boston, MA 02109
Property Owner Name CDNV Assembly LLC & RD Management LLC
Applicant Address 120 Water Street, Boston, MA 02109
Applicant Name CDNV Assembly LLC
Site 5 Middlesex Ave ASMD zone. PUD-A Overlay District. Ward 1.
Recommendation None at this time Conditional approval
Date May 15th, 2018 June 7th, 2018 Case #: PB2018-07

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