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Land Use Committee – 11/21/23 Report

The Land Use Committee voted to approve the following (see Report and watch the NewTV video):

  • Request to exceed FAR by razing a portion of the existing house and constructing a 2-story addition to the front, side, and rear of the structure at 538 Ward Street. The intent is to allow the homeowners to age in place (elevator to be installed), and add solar and geothermal heating. The Newton Historic Commission approved the submitted plans. Two neighbors spoke in favor and three neighbors spoke in opposition due to the size of the project. The Committee voted to approve 6-0, Councilor Kelley not voting. See Draft Council Order.
  • Request to allow indoor vehicle sales and service at 32 Needham Street. This is the former Creative Playthings store beside the Newton Auto Group. The Committee voted to approve 6-0, Councilor Kelley not voting. See Draft Council Order.
  • Request to change from a nonconforming two-family dwelling use to two single-family dwellings on one lot at 373 Lexington Street. The petitioner will be creating one condominium with two units by converting the existing nonconforming two-family dwelling into a single-family dwelling and the accessory building into a second single-family dwelling. The Committee voted to approve 4-0, Councilors Downs, Lucas, and Lipof Not Voting. See Draft Council Order.
  • Request to amend the site plans associated with Special Permits #480-14(4) and #327-21 and associated relief relative to parking at 283 Melrose Street (Turtle Lane). According to the report, the Committee divided the request into 2 requests (A & B) they agreed to the dimensional waivers, to waive the minimum parking stall depth, to allow a two-way driveway with less than 20 feet which will be signalized, and to reduce perimeter screening along Ash Street from 5 feet to 3 feet. The 2016 special permit approved renovation of the theatre building with an addition for office use and a new 16-unit residential building. The installation of a ramp created an undersized parking stall which in turn, limits the ability to install a 5 foot planting strip and the entrance ot the driveway is now 35 feet when it was supposed to be under 25 feet. See Draft Council Order.

One resident abutter inquired about fencing. The peitioner noted that fencing would be installed between the two properties. At least four neighbors expressed frustration with the length of the project, which was approved in 2016. One urged the committee not to approve the amendment because of the outstanding Inspectional Services violations. Another expressed dismay that the developer was asking the Council to legitimize what they did wrong. Both the Law Department and councilors stated the approvals for this amendment would not allow the entire project to move forward without the other issues (violations) being addressed and noted that bifurcating the project (separating work on the theatre) would allow safety issues with the residential building to be addressed and allow the petitioner to “fill the hole”, and finish that section of the project.

The Committee voted to approve Part A of the request 5-0, Councilor Downs Not Voting, Councilor Kelley Abstaining.

The Land Use Committee voted to hold the following:

  • Part B of the request to amend the site plans associated with Special Permits #480-14(4) and #327-21 and associated relief relative to parking at 283 Melrose Street (Turtle Lane) for parking within 5 feet of a building with residential units, allowing entrance drive exceeding 25′ in width, and waiving bicycle parking requirement. The Committee voted to hold 6-0, Councilor Downs Not Voting.

The Land Use Committee gave an opinion in support of a consistency ruling for 73-75 Ripley Street by the Commissioner of Inspectional Services. The petitioner wants to modify one unit to upgrade their heating system, which would make the front of the building asymmetrical.

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