ZBA approves Armory special permit

[ron_newman]

The Zoning Board of Appeal tonight approved the special permit application for the Armory. The meeting started at 6 pm, with the Armory first on the agenda; the final vote occurred at 10:26 pm.

The special permit conditions are long and complex, and I didn't take detailed notes. But the most important things are:

• The Armory and its cafe may open at 7 am, instead of the current 8 am
• Sunday through Thursday nights, performances must end by 11:15 pm, with all attendees leaving by 11:30 pm
• Friday and Saturday nights (and Sunday nights before a Monday holiday), performances must end by 12:45 am, with all attendees leaving by 1 am
• Outdoor cafe seating is allowed, but only until 8 pm. There will be no table service or alcoholic beverage drinking outdoors.
• No outdoor events are allowed in the parking lot, except for farmers' markets and farm share pickup
• The Armory may now apply for a full liquor license (they currently have a beer and wine license). This will be a whole separate process, with its own public hearing, before a different body (the Licensing Commission).
• Permissions for extended hours and amplified music are effective only for Arts at the Armory or a successor arts-oriented non-profit; they do not transfer to the landlord or any other tenant if Arts at the Armory goes out of business

I left right after the Armory vote, so I don't know if the ZBA got around to dealing with the Pinkberry and Painted Burro special permit requests. The ZBA chair declared an 11 pm curfew on the meeting, which would not have left much time for other business. ETA: Painted Burro was approved; Pinkberry deferred until November 7.

ETA: I believe the special permit also includes some increases in capacity, allowing up to 495 people in the main performance hall, but only for a limited number of events each week and month. The Armory will have to provide a shuttle bus to Davis Square station for any such 'full capacity' event.

Comments

[smammy]

inb4 abuse of public trust, flip-flopping, grudgewank, etc.

[mzrowan.livejournal.com]

Yay! Do you happen to know if they got permission for non-arts events (weddings, etc.)?

[ron_newman]

They are allowed to hold some such private events, but they are limited to a fixed percentage of total events each month. (I didn't take notes on just what the percentage is.) The limit is intended to ensure that this remains primarily an arts venue and not a function hall.

In a few days, the final decision will probably be available on the city Planning and Zoning web page (as "191 Highland Avenue"). I'll link to that once it's available.

ETA: the final Planning Staff report contained this recommendation. I think the ZBA left it unchanged in their final decision:

"private functions such as weddings, parties and
bar mitzvahs as accessory events. The maximum
number of private functions is limited to 25% of
the total number of café and performance hall
events and shall not exceed 50 events in a
calendar year."

[clevernonsense.livejournal.com]

was this the rule before? I went to a birthday party there last year (which may explain why live music was incorporated)

[ron_newman]

I'm not sure there was any explicit rule or limit before. Many people, including me, were under the impression that such events were entirely prohibited.

[somervillesnow.livejournal.com]

I wouldn't want the arts uses to get crowded out, but I think having weddings there is a great idea and shouldn't be seen as negative. Makes feel proud the idea of being able to find an attractive venue in Somerville for my wedding instead of going out to Lexington, etc., towns that are nice but don't have the same meaning to me.

[pierceheart.livejournal.com]

Well, it's not like it's impossible to do now, is it?

It looks like there is a max cap of (on average) one per week (based on 'shall not exceed 50 events in a calendar year'; however, there is the lower cap of 25% of the total number of café and performance hall events.

It appears quite simple that the intent on the part of the ZBA is that it not turn into a generic function hall.

Having seen how use of a building as a function hall has worked in another town, and the noise and spill-over issues which disturbed the abutters, which are valid concerns regardless of who owns/operates the hall, this seems like a reasonable precaution, considering that the stated intent at the beginning of this entire process was that the Armory be an arts venue.

[ron_newman]

Surprisingly, I agree with you for once on this subject ...

(I'm curious what building in what other town, if you're willing and able to disclose that.)

[somervillesnow.livejournal.com]

Totally agree with both of you. However when there *are* weddings there, I prefer to think of it as being a cherished special point of pride for Somerville to have a quality, unique venue to show off our city to all the guests that come. And not just thought of as some necessary evil revenue generator to keep the place alive. I haven't attended any of the meetings so I have no idea what the vibes have been regarding this subject.

[pierceheart.livejournal.com]

I'm curious what building in what other town, if you're willing and able to disclose that

I'm not, considering the vitriol I have received for support of other organizations in this town, compared to my attitudes regarding this issue.

In all, I have attempted to be consistent - if someone was playing hinky with rules, getting them changed after the fact, that's been my issue all along.

On the other hall, other town, similar to the Armory saying it needs outside events to stay afloat financially, this is an issue for many groups which own buildings that could have multi-use including function halls ... unfortunately, the people who rent the halls tend not to give a flying fig about their impact in the neighborhood, as they only need the site once, whereas the hall operators have to "live there" ... we've even seen that with some who have rented the VFW (wasn't it a bday party for a local cop?) ... it's not the venue's fault, specifically, but it is the venue's responsibility.

It's how the other hall I'm thinking of lost its ability to host any non-member event, and thus, the operators lost the building, as they couldn't afford to operate it without outside events.

[ron_newman]

I find the ZBA's limits reasonable. The intent is to avoid having the Armory turn into something similar to Anthony's function hall down the street.

[vonelftinhaus.livejournal.com]

I remember hearing recently, sorry actually reading somewhere, that Anthony's was for sale?

[ron_newman]

Please tell us more. If what you read was online, can you link to it here?

[vonelftinhaus.livejournal.com]

http://www.loopnet.com/Listing/17687822/156-Highland-Avenue-Somerville-MA/

Well there is 1 listing but I don't believe it is the one I originally found; pretty cheap but I assume the location has its challenges.

[miss-chance.livejournal.com]

Four-and-a-half hours on the topic. whoa.

I'm very glad it passed, but I kind of wish the ZBA had also imposed a restraint that they wouldn't be allowed to come before them for any more variances or changes for 4 years or something.

[ron_newman]

Some of that was from public testimony, which ran until about 8:30 pm despite a 2-minute limit on speakers (which most of us adhered to).

A lot of the rest of the time was hammering out details to the satisfaction of both ZBA members and the Armory's attorney, Adam Dash. For example, Dash wanted to ensure that if Arts at the Armory changed its name or merged with another similar non-profit arts organization, the permissions being granted would continue unchanged. The ZBA wanted to ensure that the permissions would end (and a new hearing would be required) if Arts at the Armory went entirely out of business and a new unrelated tenant took its place. Some similar back-and-forth negotiating happened with regard to noise testing and soundproofing.

I felt a bit sorry for Painted Burro, Pinkberry, and the other permit applicants who had to wait until this was all over (and some of whom will have to come back next month because there wasn't time for their cases).

[nathanjw]

Getting delayed at your ZBA hearing is totally par for the course, though, and the Painted Burro, Pinkberry, etc. applicants almost certainly know this (One of the smaller petitioners is a neighbor, and I'm reasonably sure he's getting his petition in months before he could really need it, for exactly this reason).

[fefie.livejournal.com]

Considering those of us who attended the previous ZBA hearings on the Amory which did not start with the Armory case until 9pm in at least one hearing, I get the sense this kind of thing is normal.

Also, in case folks don't know this, renting out a facility for private events is a common and important way for a non-profit org to generate revenue (think Cambridge MultiCultural Center, MFA).