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Land Use – 2/6/2024 Report

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

  • Request for extension of time to exercise a previously approved special permit to to construct additions to the rear and the side of the dwelling and to construct dormers at 96 Waban Park. According to the report, a one-year extension was granted. The Committee voted to approve 8-0.
  • Request for extension of time to exercise a previously approved special permit o raze the existing nonconforming three-unit multifamily dwelling and construct a five-unit residential dwelling with ground-level garage parking at 194 Adams Street. According to the the report, a 2 year extension granted. The Committee voted to approve 8-0.
  • Request to further extend nonconforming FAR for a kitchen and family room expansion (355 sq. ft) at 21 Marvin Lane. According to the report, concern was raised regarding flooding but the petitioner explained that the water would be brought down into drysells to contain stormwater on site. The Committee voted to approve 8-0.  See Special Permit documents and Draft Council Order.
  • Request to convert the single family dwelling into a two-family and add a half-story exteding the nonconformint front setback at 300 Cabot Street. According to the report, the Petitioner’s attorney suggested that the facade improvements will signficantly upgrade current conditions. No one spoke at the hearing. One Councilor inquired about the number of vehicles that could use the carport and the response from the Planning department was 2 which was to meet the parking requirements. The Committee voted to approve 8-0. See Special Permit documents and Draft Council Order.
  • Request allow a retaining wall exceeding four feet in height in the front setback, vertically extend a nonconforming detached garage, further increase nonconforming lot coverage and allow two parking stalls within the front set back at 19 Waban Hill Road. According to the report, Councilors noted that the reason for the special permit was in part due to the property being a corner lot with high elevations. One Councilor inquired about whether a tree would be removed but was informed it would remain. The Committee voted to approve 8-0. See Special Permit documents and Draft Council Order.

The Land Use Committee voted to hold the following:

  • Request to allow a series of retaining walls exceeding four feet in height in the front setback at 161 Pine Ridge Road. No one spoke at public hearing.
  • Request to amend a previously approved special permit to allow for a cash payment in lieu of providing IZ units at 136-144 Hancock Street (The Walker Center). According to the report, as part of the special permit that was approved in 2022, the petitioner agreed to provide 2 deed-restricted affordable units in the project. The petitioner would like to amend the special permit by removing the 2 deed-restricted affordable units by paying 1,560,000. According to the report, Councilors were concerned that this could set a precedent for payments instead of affordable units. Concerns that the 16 unit project (started in 2021) might not go through if the request is denied because building bids came in 25% higher than anticipated. In addition, the Planning Department expressed that they do not support removing $88,973 in pedestrian and safety improvements but said that they would support changing the payment due date. The Petitioner said that moving the affordable units to the lower level would be more affordable for them but did not believe the City would agree to that. There was some discussion about whether there would be any problem in assigning the affordable units to the lower level and whether that would be considered less desirable and contrary to the intent of the inclusionary zoning ordinance. The attorney for the petitioner suggested that affordable units could be moved to buildings on a neighboring parcel currently owned by the City and Ward 4 Councilor Gentile suggested that should be more fully explored as the site would be perfect for affordable housing and is located near transportation and a school. According to the report, there were no public comments and 1 letter of support received. The Committee voted to hold the Committee voted 7-0, Councilor Downs not voting.

The Committee took a straw vote unanimously supported a consistency ruling by the Commissioner of Inspectional Services to cover a patio and extend a second-floor addition over the patio at 148 Auburndale Avenue.

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