TOWN OF CONCORD Planning Board 141 Keyes Road - Concord, MA Phone:

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1 TOWN OF CONCORD Planning Board 141 Keyes Road - Concord, MA Phone: Concord Zoning Board of Appeals Concord, MA Re: Recommendation to the Zoning Board of Appeals regarding an application of Caffe Nero for a Special Permit and Site Plan Review for a restaurant with relief from parking and site modifications. Dear Zoning Board of Appeals Members, The Planning Board met with the Applicant on November 28 th, February 13 th, April 24 th and May 8 th regarding the application to the Board of Appeals for a Special Permit and Site Plan Review for a restaurant with relief from parking and related site improvements that include the following: The Applicant is proposing to occupy 2,769 s.f. of the existing building for a 60-seat restaurant that will serve various beverages and offer all day breakfast, sandwiches, salads, bakery items and snacks. There will be 4 employees on the largest shift. The hours of operation are 6:30am to 9pm, Monday through Saturday and 7am to 9pm on Sunday. Deliveries of food and dry goods are expected 6 days a week off Main Street. The Applicant has provided a revised estimated delivery schedule showing two to three deliveries every day between 5:30am and 7:30am, except Sunday with only one delivery. Most of the deliveries are a van or small box truck, except twice a week (Tuesday and Friday) there will be a large box truck delivery and a tractor trailer delivery (Wednesday and Saturday). Trash disposal will be accommodated through the use of four rolling 96-gallon totes (three for trash and one for recycling) that will be stored in an approximate 4 foot wide alley off of Main Street between two buildings. Trash and recycling will be pick-up directly from the alley by 7:30am on Monday, Wednesday, Thursday and Friday. The Applicant has designed a concrete pad enclosure that includes a drain and water spigot to allow cleaning of the area without water draining towards Main Street. The Applicant is proposing a 6-foot gate to screen the trash totes with a motion light for security and safety. The property owner has installed a bicycle rack in the basement for use by employees of the entire building and has offered to purchase a new bike rack for installation in the Walden Street municipal lot after it is reconstructed this summer.

2 Page 2 of 9 The Applicant has entered into a 10-year lease with Main Street (Fritz & Gigi s) for 4 off-site parking spaces for employee parking. The restaurant use requires one parking space per every 3 seats and one space per employee on the largest shift for a total of 24 required parking spaces. The Site does not have any parking. The previous retail and general office use is legal nonconforming for 47 parking spaces. The total required parking for the Site (restaurant, retail and general business uses) is 56 parking spaces. With the use of 4 off-site parking for the employees, the Applicant is requesting relief from the parking requirements for 5 spaces above the legal nonconforming relief from parking for 47 spaces. The Applicant has submitted a Supplemental Parking Assessment in support of the proposed requested relief. The Community Safety Officer has reviewed the revised material submitted April 2, He believes the revised delivery schedule appears to address the issues with parking or commuter traffic along Main Street, the redesign trash storage area addresses issues with liquid trash waste spilling onto the adjacent sidewalk and the revised method of trash collection addresses the issue with totes being lined up on Main Street for pick-up. The Fire Chief, Town Engineer and CMLP Engineer do not have any issues or concerns with the project and recommend standard conditions of approval. The Applicant has received a Certificate of Appropriateness from the Historic Districts Commission for proposed exterior building alterations. The Applicant has not received approval for any type of screening of the trash storage in the alley facing Main Street or the exterior light fixture. In a memo dated April 20, 2018, the Building Commissioner has reviewed the revised information and plans submitted by the Applicant, which clarifies the operation of the restaurant. She recommends a condition of approval regarding the principal restaurant use and the accessory take-out use. Additionally, she recommends a condition regarding an additional parking analysis must be completed if there is a change of use from retail or general office in any other portion of the building. In a memo dated April 18, 2018, the Health Director states that a brief review of the revised plans and information suggests that the design deficiencies and inconsistencies noted in the Health Division s February 9, 2018 letter to the applicant have largely been resolved and the plans are likely approvable, although minor revisions may be required. The Planning Board reviewed the following comments from the Town Planner: a. Specifications and cut-sheets for all proposed outdoor lighting has not been provided. The revised plans state that a motion sensor light will be installed in the trash storage area. The light fixture will require approval from the Historic Districts Commission and will need to be in compliance with the Zoning Bylaw. b. The Applicant will need approval from the Historic Districts Commission for the proposed trash storage area gate and be required to install the gate prior to the issuance of any occupancy permit. c. The Applicant has leased 4 off-site parking spaces for employees for 10 years. If the lease is not renewed, the Applicant will have to cease operations until an alternative off-site lease 2

3 Page 3 of 9 area is secured or seek an amendment to the Special Permit from the Zoning Board of Appeals for further relief from parking. d. The Applicant has provided an analysis of the uses at Main Street and the available parking to support the leasing of 4 spaces for employees. The Building Commissioner has confirmed that the current uses on the site require 18 parking spaces. Only four parking spaces in the lot are striped. The Town Planner did a layout of parking spaces that meet the dimensional requirements on a GIS aerial map and determined that 28 spaces can be accommodated. There is sufficient parking in this location to accommodate the 4 leased parking spaces. In a memo dated April 20, 2018, the Town s Outside Consultant states that they concur with the Applicant s supplemental parking analysis that there will be sufficient spaces during the peak hours of operation for the restaurant. The Planning Board reviewed the following Sections of the Zoning Bylaw: Location: All required parking or loading spaces shall be provided on the same parcel of land occupied by the use or building to which it is appurtenant; provided, however, that where, in the opinion of the Planning Board, there are practical difficulties in satisfying the requirement for parking spaces and/or if the public safety and convenience would be served better by another location, the Planning Board may authorize an alternative location for nonresidential parking subject to the following provisions: (a) The property to be occupied as parking shall be in the same possession as the facility served either by deed, by easement, or by long-term lease. If the property is leased, the terms of the lease shall be subject to Planning Board approval as to form and length of time and a copy of the lease shall be filed with and made part of the application for a building or occupancy permit. The Applicant has leased 4 off-site parking spaces for employees for 10 years. If the lease is not renewed, the Applicant will have to cease operations until an alternative offsite lease area is secured or seek an amendment to the Special Permit from the Zoning Board of Appeals for further relief from parking. (b) The distance between the use or building and its parking area shall not be more than six hundred (600) feet. The parking lot at Main Street is approximately 430 feet walking distance from the Site. (c) The separated parking area shall not create unreasonable traffic congestion or create a hazard to pedestrians or vehicular traffic. The Applicant s employees are able to walk from the parking lot to Main Street then to the Site. The separated parking area will not create unreasonable traffic congestion or create a hazard to pedestrians or vehicular traffic. (d) The parking area shall be located on property zoned for the same or less restrictive use as the principal use being served by the parking. The parking area is zoned the same as the Site; Concord Center Business. 3

4 Page 4 of Relief from parking requirements: The Board may, upon advice of the Planning Board, grant relief from the parking and loading requirements in Section provided the Board finds that a literal application of such requirements would be unreasonable and that the desired relief may be granted without substantial detriment to the neighborhood and without derogating from the intent and purpose of this Bylaw. The Board may require the applicant to submit a written report, prepared by a qualified parking consultant, defining and evaluating the nature and impact of the requested relief. The Planning Board has recommended the following criteria as a method of establishing a more deliberate process for the evaluation of granting relief from the parking requirements: 1) Has the Applicant provided documentation from parking studies and/or transportation industry publications that show the parking ratios required in the Zoning Bylaw for the proposed use is not in-line with current industry standards. The Applicant has provided a letter from their parking consultant dated November 6, 2017 that based on the Institute of Transportation Engineers (ITE) manual that a 2,769 s.f. coffee shop without a drive-through would result in a calculated peak parking demand of 38 parking spaces on a weekday and 40 parking spaces on a Saturday, which is higher than the Zoning Bylaw requires. However, the Applicant s traffic engineer notes that the Zoning Bylaw and the ITE parking demand data do not reflect shared parking or common patronage of uses within the parking study area and this concept would reduce the predicted peak parking demands of the project by 10 to 20%. The Town s Outside Consultant notes that using ITE 4th Generation Parking Demand calculations for Land Use Code (LUC) 936 Coffee/Donut Shop without Drive-Thru using 85th percentile demand rates yields 48 vehicles during the weekdays and 41 vehicles during weekends. The 11/6/17 Parking Assessment letter by VAI uses average parking rates. Eighty fifth percentile (85%) parking rates are recommended rather than average rates at this location due to the traffic levels and nature of Main Street. The use of ITE parking demand is higher by 25 vehicles during the average weekday and 18 vehicles during the weekend. The Applicant s traffic engineer has corrected the parking analysis in a letter dated April 23, 2018, The Town s Outside Consultant concurs with the Applicant s supplemental parking study that there will be sufficient parking spaces during the peak hours of operation for the restaurant. 2) Has the Applicant provided information on how the proposed use is beneficial and/or contributes to the other businesses, village center and neighborhood? The Applicant believes that the proposed restaurant will add vitality to this crucial location and to downtown and that most trips to the restaurant will be from those already shopping downtown. The Applicant believes that the shared use will not generate the need for more parking spaces. 3) What is the distance and availability of on-street parking, public parking facilities and alternative transportation? The Applicant has submitted a parking analysis that shows available parking within 600 feet of the Site and the number of available spaces from 7 a.m. to 7 p.m. The analysis shows a surplus of available parking in the early morning and later in the evening after 4

5 Page 5 of 9 many of the shops in Concord Center are closed. The parking analysis does show that on the two weekdays of the study, there is limited parking during the afternoon. There is no alternative transportation to the Site. The commuter rail station is located approximately.61 miles from the Site. The Applicant has submitted a Supplemental Parking Analysis that shows sufficient parking within a reasonable walking distance to the Site to accommodate the anticipated parking demands of both the restaurant and the occupancy of the remaining portions of the building for retail and general office. 4) What is the intensity of the use and the number of employees required? The application states that 3 to 4 employees will be on the largest shift. The Applicant believes that the available parking in the area of study in the parking analysis is sufficient for the proposed restaurant use. The Applicant has leased 4 parking spaces in an adjacent parking lot for employees. The previous retail and professional office use of the entire building required 47 parking spaces. These uses and the lack of on-site parking are considered legal non-conforming. The total required parking for the Site is 56 spaces. The relief from parking for the change of use above the 47 spaces is 5 parking spaces (56 required 4 off-site leased 47 legal nonconforming = 5 spaces) 5) Are alternative provisions being made for off-site parking for employees? The Applicant has entered into a 10-year lease for 4 off-site parking spaces for employees. If the lease is not renewed, the Applicant will have to cease operations until an alternative off-site lease area is secured or seek an amendment to the Special Permit from the Zoning Board of Appeals for further relief from parking. 6) Is there currently, or is the Applicant proposing bicycle parking? There is no bicycle parking on the site. The property owner has installed a bicycle rack in the building basement for use by all building tenants and employees and has offered to purchase a bike rack to be installed in the Walden Street municipal lot when it is reconstructed this summer. The Planning Board believes that the literal application of the parking requirements would be unreasonable and that the desired relief may be granted without substantial detriment to the neighborhood and without derogating from the intent and purpose of this Bylaw Special Permit The Applicant is required to receive a Special Permit under Section for relief from parking requirements. The Planning Board, Town staff and the Town s Outside Consultant believe the requested relief from parking will not negatively impact economic or community needs, neighborhood character, town services, the tax base or employment Site Plan Review Decision: Where a special permit from the Board is required or a variance from the Bylaw is requested in connection with any action subject to Site Plan Review, a site plan decision shall be made by the Board. In such case the Planning Board shall submit a report to the 5

6 Page 6 of 9 Board concerning the matters described in subsection prior to any public hearing. In considering a site plan, the Board shall insure a reasonable use of the site consistent with the uses permitted in the district in which the site is located. The Board shall give due consideration to the report of the Planning Board and where the decision of the Board differs from the recommendations of the Planning Board the reasons therefore shall be stated in writing. a) Protection of adjoining premises against seriously detrimental uses by provision for surface water drainage, sound and sight buffers, and preservation of views, light and air; The proposed restaurant use does not represent a serious detrimental use for sound buffers or views, light and air. The Applicant has designed a trash enclosure area that adequately addressed the issues with liquid trash runoff towards the public sidewalk and Main Street. The Applicant is proposing to screen the trash storage area with a 6-foot gate. b) Convenience and safety of vehicular and pedestrian movement within the site, the location of driveway openings in relation to traffic or to adjacent streets and, when necessary, compliance with other regulations for the handicapped, minors and the elderly; There is no parking associated with this Site. The Applicant is not able to use the doorway at the rear of the building since they do not have an easement across private property. The Town Engineer notes there is sufficient handicapped parking along Main Street less than 200 feet from the Site. The Applicant has provided more detailed information on the number, times and size of delivery vehicles and proposes to have the trash totes pick-up directly from the alley so as to not seriously impact traffic on Main Street or pedestrians on the sidewalk. c) Adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site; The Applicant will need relief from the Public Works Commission to exceed the 1,000 gallon per day sewage disposal limit. The Applicant proposes that the trash totes be pickedup directly from the alley by 7:30am four days a week so that the totes are not required to be lined up on Main Street. The Planning Board recommends that if the Health Division determines trash pick-up four days a week is not sufficient, the Applicant shall be required to increase the number of pick-up days. d) Adequacy of the arrangement of parking and loading spaces in relation to the proposed uses of the premises; There is no parking associated with this building. The Applicant has requested relief from the parking requirements and provided a parking assessment. The Town s Outside Consultant has reviewed the parking assessment and concurs that there is sufficient parking in the area during the peak hours of operation for the proposed restaurant use. The Applicant has stated that all deliveries and trash pick-up will be before 7:30am to limit the impact to commuter vehicles and parking along Main Street. trash pick-up. e) Adequacy of the method of exterior lighting for convenience, safety and security within the site and for protection of neighboring properties, roadways and the night sky; The Applicant has proposed exterior lighting for the front facade of the building and the trash storage area that is adequate for convenience, safety and security. The Applicant will be required to received approval from the Historic Districts Commission for the exterior light fixtures and will need to be incompliance with the Zoning Bylaw. 6

7 Page 7 of 9 f) Relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area and compliance with other requirements of this Bylaw; and, The proposed restaurant is within the existing business district of Concord Center and is a permitted use consistent with other restaurants in the area. A Special Permit is required for relief from parking. g) Impact on the Town s resources including the effect on the Town s water supply and distribution system, sewage collection and treatment, fire protection, and streets. The Town s water supply is sufficient for the proposed restaurant. The proposed restaurant will need relief from the Public Works Commission to exceed the 1,000 gallon per day limit for sewage disposal. The Fire Chief and Town Engineer do not have any issues with the project as proposed. The Health Director states that a brief review of the revised plans and information suggests that the design deficiencies and inconsistencies noted in the Health Division s February 9, 2018 letter to the applicant have largely been resolved and the plans are likely approvable, although minor revisions may be required. The Planning Board recommends that the Zoning Board of Appeals grant the Special Permit and Site Plan Approval subject to the following conditions: 1. Approval is based on the following plans prepared for Linear Retail Properties, LLC. 5 Burlington Woods, Suite 107, Burlington, MA and Caffe Nero, Main Street, Concord, MA as amended by Condition #3: kharchitecture, 101 Arch St., 8 th Floor, Boston, MA 02110: a) Title Sheet; Sheet A000a dated March 7, 2018 b) Construction Floor Plan; Sheet A101 dated March 7, 2018 c) Deliver/Trash Plan; Sheet A104 dated?? d) Elevations; Sheet A401 dated March 7, 2018 Allen & Major Associates, Inc., 100 Commerce Way, Woburn, MA e) Land Title Survey dated November 3, If at any time after the Certificate of Occupancy is issued for the restaurant use the Applicant does not have a valid lease for off-site parking for four spaces, the Applicant shall cease operations until an alternative off-site lease area is secured or seek an amendment to the Special Permit from the Zoning Board of Appeals for further relief from parking. 3. If at any time after the Certificate of Occupancy is issued for the restaurant use the Health Division determines trash pick-up four days a week is not sufficient, the Applicant shall be required to increase the number of pick-up days. 4. The principal use for Main Street is a restaurant and the restaurant is required to serve all food and drinks on china when consumption of food and drinks are within the restaurant. The accessory use of disposable containers is a small percentage of take-out sales and will be allowed as an accessory use only to the principal use of a restaurant. If at any time the operation of take-out appears to become more than an accessory use, the Applicant shall 7

8 Page 8 of 9 provide evidence from an independent third party, acceptable to the Building Commissioner, of the percentage of take-out and sit down restaurant to determine the exact use. 5. All deliveries and trash pick-up associated with the restaurant shall occur prior to 7:30 am. 6. If at any time there is a change of use from retail or general office in any portion of the building, an additional parking analysis must be completed and a Special Permit for additional relief from parking may be required. 7. Prior to the filing of a Building Permit, the Applicant shall provide the Town Planner four (4) sets of revised Plans showing the following: a. Correct address of Main Street on all plans. b. Correct trash pick-up time of 7:30 am on Sheet A104. c. Trash storage area light fixture. 8. Prior to the issuance of a Building Permit, the Applicant shall provide to the Building Inspections Division detailed exterior lighting cut-sheets that have been approved by the Historic Districts Commission and are in compliance with the Zoning Bylaw. 9. Prior to the issuance of a Building Permit, the Applicant shall obtain approval from the Health Division for the design of the restaurant which shall be designed in conformance with the requirements of the Massachusetts Food Code. 10. Prior to issuance of a Building Permit, the Applicant shall submit to the Concord Board of Health a Request for Title 5 Building Review (Form S) to identify any potential increase in wastewater flow and associated Sewer Improvement Fee. Based on existing wastewater capacity constraints, flow increases over 1,000 gallons per day will be administratively denied by the Water/Sewer Superintendent. An appeal may be made to the Public Works Commission seeking relief for an increase in flow over 1,000 gallons per day. 11. Prior to issuance of a Building Permit, the Applicant shall submit an application for the change in use to the Water/Sewer Division for review and approval. The application shall include the following; a. A plumbing plan shall be provided including; i. Meter bypass detail (with allowance for Water/Sewer Division issued security lock) ii. Design Data Sheets for all required cross-connection control devices. The devices shall not be installed without approval from the Water/Sewer Division. b. An approved water use impact report and conservation plan which will determine sizing of the water meter and water system connection fee. c. The approved Title 5 Building Review (Form S) and associated Finding - demonstrating right to connect to the municipal sewer system. 12. Prior to issuance of any Certificate of Occupancy, the Applicant shall furnish Water Demand Minimization Affidavit(s) to demonstrate work was performed in accordance with the approved demand mitigation measures. 8

9 Page 9 of Prior to the issuance of a Certificate of Occupancy, the Applicant shall construct the outside trash storage area with the gate to the satisfaction of the Town Engineer and Town Planner. Please contact me if you have any questions or require further clarification. On behalf of the Concord Planning Board, Elizabeth Hughes, Town Planner cc: Caffe Nero Americas, 374 Congress Street, Boston, MA Linear Retail Concord #1, LLC, 5 Burlington Woods Drive, Suite 107, Burlington, MA Mark Bobrowski, Blatman, Bobrowski & Haverty, LLC, 9 Damonmill Sq., Ste 4A4, Concord, MA Laurie Livoli, Building Commissioner File Copy 9