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Land Use – 11/14/2023 Report

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

  • Request to allow a medical marijuana treatment center (formerly known as Registered Marijuana Dispensary or “RMD”) at 1089 Washington Street. The Land Use Committee unanimously accepted the withdrawal without prejudice 7-0.
  • Request to extend a nonconforming two-family dwelling use at 27-29 Kilburn Road. The petitioner requested a special permit to enclose two open porches at 27-29 Kilburn Road, further extending the nonconforming use. The Committee voted to approve 7-0. See Draft Council Order.
  • Request to further extend a nonconforming front setback and nonconforming lot coverage at 62 Maple Street (Newton Corner). The petitioner sought a special permit to construct a covered farmer’s porch at the front entry, further extending the nonconforming front setback and lot coverage. The Committee voted to approve 7-0. See Draft Council Order.
  • Request to decrease nonconforming open space at 35-37 William Street. The petitioner requested a special permit to legalize paving at the rear of the property, resulting in a reduction in the site’s open space. The petitioner’s attorney suggested that the engineer would have realized the lot did not meet the open space requirement if the engineer had pulled the permit prior to paving. A contribution of $2,000 and the addition of crushed stone (for drainage) will be made. The Committee voted to approve 7-0. See Draft Council Order.
  • Request to legitimize the current uses on site, to allow for proposed for-profit and non-profit educational tenants, to allow for farm-share distribution use, and to waive required parking stalls at 297 Lowell Avenue. The Committee voted to approve 7-0. See Draft Council Order.
  • Request to allow ground floor residential use, to exceed by right height and stories, and a parking waiver at 290 Watertown Street. The petitioner requested a special permit to demolish an existing dwelling, construct five residential dwelling units, and allow for a parking waiver. The Committee approved the request, and the public hearing was closed. The project has been revised going from 5 units to 4 units, and the addition of a car port with a green roof on top of it. After meeting with the neighbors, the petitioner believes they have addressed drainage, screening, the bulk of the building, and shadows and have also addressed the parking so there is no longer a need for a parking waiver. Three abutters sent letters of support. One neighbor and their attorney expressed concern this project uses commercial density standards to establish residential use and expressed concern about the shadows this would create on the new home she just built. Feels this is too large for the neighborhood. The Commitee voted to approve 7-0. See Draft Council Order.
  • Request to amend a previously approved special permit tomodify the definition of “formula business” as it relates to Condition #3 at 839-853 Washington Street. The Committee previously expressed concern that it would attract large national chains so the petitioner amended the request from 24 locations in Massachusetts to 24 worldwide. The existing condition is 9 businesses or more worldwide. Two residents provided public comment – one expressed concern that a prior commitment had been made and the petitioner should not be allowed out of it, and another asked about total area and whether any local retailers there now. The petitioner responded Mida and Cookie Monster are both local independents. The Comittee voted to approve 7-0. See Draft Council Order.
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