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Land Use – 2/28/2023 Report

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

  • Request to authorize the partial release of the Declaration of Affordable Housing Covenants encumbering the property located at 677 Winchester Street, Coleman House operated by 2Life Communities. (7-0-1, Councilor Downs not voting)
  • Request to amend Special Permit #289-18 at 697 Washington Street. (7-0-1, Councilor Downs abstaining) See Special Permit documents and Council Order.

This item was recommitted by the Full Council back to the Land Use Committee. Previously, the Land Use Committee voted to separate the request into 3 parts, with the first two parts being approved and the third part, regarding signage denied.

  • Part A: Rectifying the technical error of the special permit to bring it in line with state standards.
  • Part B: Allowing employee parking on site.
  • Part C: Allowing the current and proposed signage on site. (0-4-3) (Councilors Greenberg, Laredo, Lucas, and Markiewicz opposed) (Councilors Bowman, Kelley, and Lipof abstained).

Revisions to the signs were submitted and the word “cannabis” has been removed from the exterior sign mounted on the side of the building facing the parking facility on Court Street. The size of the sign will remain the same. In addition, changes were made to the sign on Washington Street. The previously proposed sign (at the February 7 meeting) has now been revised to minimize “the prominence and font size” of the word “cannabis.”

With this revision, the petitioner proposes to remove the word “cannabis” from the exterior sign
mounted on the side of the building facing the parking facility on Court Street.

The Land Use Committee Held:

  • Request for an amendment to Section 7.3 Special Permit Review of the Zoning Code to require the submission of designs for the placement of underground utility service lines for projects above a certain size.

City staff wanted more guidance regarding cost and site feasibility before setting a threshold requirement for undergrounding. Committee members understood each special permit would be viewed individually. Guidance was given to City staff for a review of residential and commercial properties:

  • When construction includes six (6) or more units
  • For any new builds that require a Special Permit
  • For any Special Permit that requires substantial reconstruction
  • Request for a review and analysis with Planning, Inspectional Services, and Law Departments regarding improving language in standard and special permit council orders including language in orders regarding undergrounding utilities, bicycle storage, construction hours and other construction rules, vibrations, rodent control, electrification, landscaping, and other similar provisions.

The Committee agreed to make a standard condition for bike storage. A bike study is needed to set bike parking requirements. The Committee also agree that current construction hours and rules were sufficient. There was some discussion of increased EV parking/charging requirements. The committee noted the current standard condition is sufficient. Future special permit requirements would be reviewed individually.

A new Condition 44 of the Special Permit recommends that all appliances and utilities be electric.

City staff is looking for guidance on the threshold to trigger a mitigation fund requirement for vibrations. The current guideline is 50+ units. Committee noted a 25-30 unit range is more appropriate.

The rodent control condition was left untouched at 50+ units. Committee members would like to see it dropped to 5 units, and some discussed limiting the type of rodent control as it has been linked to the deaths of other species.

  • Request for discussion with the Planning Department, the Inspectional Services Department, and the Tree Warden regarding the process for creating and enforcing landscape plans (including, but not limited to, trees) in the special permit process and enforcing the zoning code and the tree ordinance in connection with by-right projects.

City challenges to attaining “compliance with landscape plans are difficult without a landscape architect on staff.” Councilors noted budget issues around new hires. Because there is no ordinance or guidance of best practices, the responsibility to ensure plantings are appropriate for the region and the site has fallen to the project’s landscape architect. The Planning Department has added the Tree Warden to the Special Permit process in the NewGOV online management system, and a review of the landscape plan by the Tree Warden will be required for approval.

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