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Land Use – 2/7/2023 Report

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

  • Request to amend a previously approved Special Permit/Site Plan Approval to enclose an existing porch and to alter the size and location of a proposed shed at 43 Prince Street (see Special Permit documents and Draft Council Order). (NOTE: The Committee heard testimony from neighbors and abutters regarding “lack of respect” and treatment of the neighborhood with “disdain” by the builder. The shed was approved for one location but a consistency ruling allowed it to be built in another location. The foundation had been poured and the shed was already enclosed. Although concern was raised that the size of the shed was increasing over 2.5x to enclose a generator that would take up only a small portion of the shed, the Committee voted to approve the request.
  • Request to amend a previously approved Special Permit/Site Plan Approval to update signage and on-site parking at 697 Washington Street – Garden Remedies (see Special Permit Documents and Draft Council Order, parts A and B of the request). NOTE: Residents who testified expressed concerns regarding landscaping, issues regarding compliance with previously approved conditions, and signage. The request was separated into three parts, with Parts A and B approved and Part C 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).
  • Request to amend Special Permit #48-16 to construct a rooftop solar facility with four arrays at 255 257 Newtonville Avenue (see Special Permit documents and Draft Council Order). NOTE: Two comments were received — one regarding the possibility of electric vehicle charging (Petitioner responded not likely) and one regarding the number of trees that were supposed to have been protected under the previous special permit (28 vs. 21). Committee added a condition requiring approval of a landscape plan prior to solar installation.

The Committee voted to Deny the following:

  • Request for a Class 2 Auto Dealers License for KC Motors – 55 Farwell Street

The Committee, concerned about information regarding the petitioner’s business practices from a previous hearing and from a remote participant at this meeting, and also concerned about whether the petitioner is required to be registered as a repair facility, and noting that the address of KC Auto is an apartment complex, voted to deny the petition (see Special Permit Documents and Draft Denial Council Order).

The Committee voted to Hold the following two items:

  • Request to construct a detached garage structure exceeding FAR and to allow parking within five feet of the street at 50 Elmore Street (see Special Permit documents). NOTE: One resident testified expressing safety concerns and concerns regarding the proposed driveways and curb cuts. The committee voted to hold the item to allow the petitioner to work with the Planning Department regarding the curb cuts.
  • Request to allow a three-story structure with 32 feet in height, a FAR of 1.42 and to waive seven parking stalls at 296 Watertown Street  (4-3, Councilors Bowman, Greenberg, and Kelley opposed) (see Special Permit documents). NOTE: Five neighbors testified expressing concerns about parking and the already limited availability of parking.
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