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Department of Planning and Development
Setti D. Warren Mayor 1000 Commonwealth Avenue Newton, Massachusetts 02459
Telephone (617) 796-1120 Telefax (617) 796-1142 TDD/TTY (617) 796-1089 www.newtonma.gov
Candace Havens Director ______________________________________________________________________________
M E M O R A N D U M
Public Hearing Date: March 13, 2012 Land Use Action Date: May 8, 2012 Board of Aldermen Action Date: May 21, 2012 90‐Day Expiration Date: June 11, 2012 DATE: TO: FROM: SUBJECT: March 9, 2012 Board of Aldermen Candace Havens, Director of Planning and Development Eve Tapper, Chief Planner for Current Planning Derek Valentine, Senior Land Use Planner Petition #44‐12 by Young Investments/Newton Community Service Centers for a SPECIAL PERMIT and SITE PLAN APPROVAL for an EXTENSION of a NONCONFORMING STRUCTURE, APPROVAL to construct a multi‐family dwelling with nine units and office space at 429 CHERRY STREET, Ward 3, West Newton, on land known as SBL 33, 12, 12, containing approximately 13,398 sq. ft. of land in a district zoned BUSINESS USE 1. Sec 30‐24, 30‐23, 30‐11(d)(8) and (j)(1),30‐15(h), Table 3 footnote 3, 30‐5(b)(4), 30‐19(d)(2), and (11), 30‐19(h)(1), 30‐19(h)(2)b), c), (3)a), 30‐19(m) of the City of Newton Rev Zoning Ord, 2007.
The purpose of this memorandum is to provide the Board of Aldermen and the public with technical information and planning analysis which may be useful in the special permit decision making process of the Board of Aldermen. The Planning Department's intention is to provide a balanced view of the issues with the information it has at the time of the public hearing. There may be other information presented at or after the public hearing that the Land Use Committee of the Board of Aldermen will want to consider in its discussion at a subsequent Working Session.
Preserving the Past
Planning for the Future
Petition #44-12 Page 2 of 8
EXECUTIVE SUMMARY The site consists of 13,398 square feet of land in a Business 1 zone. It is currently improved with the former Newton Community Service Center, a two‐story building of 1950s vintage. The proposal is to demolish the existing building in order to construct a three‐story building with office space at street level and nine residential units. Seventeen parking spaces will be provided in a below‐grade structure. The petitioner is seeking a special permit to allow a three‐story multi‐family dwelling with increased Floor Area Ratio (FAR), building height of greater than 24 feet, a retaining wall greater than four feet within the side setback, and a waiver of four required parking stalls as well as various dimensional standards for the construction of the parking facility. If this petition is approved by the Board of Aldermen, approval should be conditioned on approval of a variance from the Zoning Board of Appeals (ZBA) for encroachment into the rear setback. The subject site is located within walking distance to many neighborhood amenities in West Newton village, as well as express bus and commuter rail service. Although the Planning Department is supportive of the concept of multi‐family housing at this site, we are concerned that the petitioner’s project may be too dense for this site given that many dimensional standards cannot be met by right, especially in light of the fact that it is completely new construction on the site.
SIGNIFICANT ISSUES FOR CONSIDERATION: When reviewing this petition, the Board should determine whether the following apply: 1) The subject site is an appropriate location for multi‐family dwellings. 2) A three‐story structure that is 34.75 feet in height will not adversely affect the neighborhood. 3) An FAR of 1.47 and a building of 19,751 square feet is appropriate in the context of the neighborhood. 4) A retaining wall over four feet in height within a side setback will not create a nuisance or serious hazard to vehicles, pedestrians, or abutting properties. 5) Access to the site will be appropriate for the type and number of vehicles involved and a waiver for four required parking stalls, parking stall dimensions, and maneuvering aisle width is justified and will not create a nuisance or hazard to vehicles since literal compliance with parking standards is impractical due to the size and shape of the lot.
Petition #44-12 Page 3 of 8
CHARACTERISTICS OF THE SITE AND NEIGHBORHOOD A. Neighborhood and Zoning The site is located just north of West Newton Square. It is between Washington Street and Webster Street and borders a municipal parking facility on Elm Street to the rear. The subject site is within the Business 1 zone, but is in area where several zoning districts intersect. Single residence zoning begins north of the site, consisting of a number of single‐ and pre‐existing multi‐family houses. The business zone begins at the petitioner’s site and extends in a southerly direction to Washington Street and includes the Greater Boston Chinese Cultural Center, the petitioner’s abutter to the south. To the east of the site (across Cherry Street) is a large area of public use property, which includes a park, the police station, and the court house. This is a neighborhood that can support some higher density housing, with a number of neighborhood amenities within walking distance. The area is also transit accessible, with the commuter rail and express bus service to downtown Boston and other points running along Washington Street and the Massachusetts Turnpike. There are other multi‐unit residential buildings in the neighborhood, including six attached dwelling units to the north at the “Townhouses at West Newton Square”, and seven units across Webster Street within the historic “Allen House”. B. Site The site is currently improved with a 8,292 square‐foot, one‐and‐one‐half story building. The building is of rather plain, unremarkable architecture. The site slopes down from Cherry Street to the rear of the site where there are currently 14 existing parking stalls within a large area of bituminous pavement. This parking facility is accessed by two driveways, one on either side of the existing building.
PROJECT DESCRIPTION AND ANALYSIS:
Land Use The proposal is to replace the existing building with a nine‐unit residential building with a small 992 square‐foot commercial office space at street level.
Petition #44-12 Page 4 of 8
Model of Proposed Conditions
B. Building and Site Design The proposed building will be 19,751 square feet, including the below‐grade parking facility. The apartments will consist of a mix of unit sizes. There will be five three‐ bedroom units, two four‐bedroom units, and two two‐bedroom units. The units will range in size from 1,422 square feet to 2,288 square feet. All of the units will be duplex units, comprised of either a combination of first and second floor space or a combination of second and third floor space. Every unit will have a balcony. The balconies will be quite effective in breaking up the exterior mass of the building, as well as providing some outdoor space for the residents. This will be valuable, considering there is very little open space provided on the site at grade. A small office of 992 square feet will be provided at street level. The building will be clad in a combination of 6’ painted cement board and 12’ stained wood clapboard. To construct the building as proposed, the petitioner must obtain zoning relief in several areas. An FAR of 1.0 is allowed by right, with up to 1.5 allowed by special permit. The petitioner is seeking a special permit for a proposed FAR of 1.47. A building height of 24 feet is allowed by right, with up to 36 feet allowed by special permit. The petitioner is seeking permission to construct a 34.75 foot‐tall building. The petitioner is also requesting relief to allow a three‐story building within a business zone. Since the petitioner’s site borders a Public Use zone (the municipal parking facility to the west), a setback of ½ the building height or 15 feet (whichever is greater) is required. The proposed building is set back 2.7 feet from the rear property line. In order to build the structure as proposed, the petitioner will need to seek a variance from the ZBA in addition to this special permit. The Planning Department notes that this project is seeking many types of zoning relief and is a new construction project. As a new construction project, the Department recommends that the petitioner consider reducing the intensity of the site thereby eliminating the need for some of the relief requested.
Petition #44-12 Page 5 of 8
Parking and Circulation The petitioner is proposing a below‐grade garage which will accommodate 17 parking stalls. One handicap parking stall will be provided at grade. The plans submitted for the Zoning Review (“Attachment C”) initially indicated that 19 stalls would be provided. Due to constraints related to the construction of the building, the petitioner has since decreased the size of the garage, and in the process lost two parking stalls. However, the footprint of the office space was reduced commensurately and a handicap stall added at grade so that the amount waived is unchanged. In addition, the below‐grade parking facility will require a number of reliefs in order to be constructed as proposed. A parking waiver for five of the required 22 parking stalls is being sought. Half of the parking stalls provided do not meet dimensional requirements and are only 9’ by 16’, where 9’ by 19’ is required. In addition, a waiver is required to allow a 22’ maneuvering aisle where 24’ is required. A handicap stall has been provided within the front setback, utilizing an adjacent walkway as maneuvering space. Relief was originally requested to waive the handicap parking requirement and is no longer necessary. However, relief is necessary to locate this stall within the front setback per Sections 30‐19(h)(1) and 30‐19(m). The Planning Department is very concerned that maneuverability will be limited within the below‐grade parking facility. Although the Department is generally supportive of granting some relief from parking facility dimensional requirements (particularly within village centers), the combination of reliefs requested by the petitioner will greatly affect the efficiency of the parking facility. The ramp entering the parking facility is only 12’ wide, but is intended for two‐way traffic. There should be a signal system in order to control the entry/exit of vehicles. Landscaping The petitioner has not provided a landscaping plan and should do so prior to the working session. Most of the site will be covered by the proposed building; however there are some opportunities to provide landscaping in order to soften the appearance of the structure as well as break up its overall mass. The current building has very little greenery separating it from Cherry Street. More substantial landscaping would be of great benefit to the streetscape. A chain link fence is being shown surrounding the property. The Planning Department believes that there are more aesthetically‐appropriate treatments for the boundaries of the property. A retaining wall is proposed along the entrance of the parking garage that will exceed four feet for most of its length. The wall will also be located within the side
Petition #44-12 Page 6 of 8
setback, and thus requires relief. The petitioner should provide details of the fence and landscaping at the top of this wall to ensure that pedestrian safety has been considered. In addition, there should also be notification to pedestrians that vehicles will be exiting across the sidewalk from the below‐grade garage. III. COMPREHENSIVE PLAN: The Comprehensive Plan seeks to provide additional housing units on underutilized parcels in village centers within close proximity to public transportation options. If the petitioner works with the Planning Department to scale back the proposal to better comply with dimensional and parking standards, this project could accomplish this objective without adversely affecting or overwhelming the neighborhood. TECHNICAL REVIEW: A. Technical Considerations The Zoning Review Memorandum (“Attachment C”) provides an analysis of the project with respect to zoning. The petitioner is seeking relief to construct a nine‐ unit mixed‐use building in the Business 1 zone. The building will also require relief for a building height of 34.75 feet where 24 feet is allowed by right, as well as floor area ratio of 1.47 where 1.0 is allowed by right. Site plan approval is also required for buildings with over 10,000 gross square feet. The construction of the parking facility will require multiple reliefs: for a retaining wall entering the garage that is within the side setback and is greater than four feet tall, a waiver of four required parking stalls, a waiver of the required minimum length of a parking stall from 19’ to 16’, and to allow a maneuvering aisle of 22’ where 24’ is required. A handicap stall is now being provided but requires relief in order to be located within the front setback. Engineering Review The Engineering Division of the Department of Public Works has reviewed the petition and has provided a memorandum; see (“Attachment D”). The petitioner should comply with all requirements in this memo. Fire Department Review The Newton Fire Department will need to review future versions of the plans for fire safety and access. The Department is not generally supportive of trash storage as close to the structure as it proposed in this plan.
Petition #44-12 Page 7 of 8
D. Newton Historical Commission Although the existing building was constructed in the 1950s, it has been deemed “not preferably preserved” by the Newton Historical Commission. E. Inclusionary Housing The petitioner is required to provide one affordable unit per Section 30‐24(f)(3). The petitioner has not indicated whether he will supply this unit or will seek relief from this requirement. This information should be provided prior to the working session. ZONING RELIEFS SOUGHT Based on the completed Zoning Review Memorandum (“ATTACHMENT C”), the petitioners are seeking the following reliefs:
Section 30‐11(d)(8) to allow multi‐family dwellings in the BU1 zone Section 30‐15(h) & 30‐15 Table 3 to allow a three‐story structure, 34.75 feet in height, in the BU1 zone Section 30‐15 Table 3 to allow an FAR of 1.5 in the BU1 zone Section 30‐11(j)(1) to construct a building of between 10,000 and 19,999 square feet of gross floor area in the BU1 zone Section 30‐5(b)(4) to permit the location of a retaining wall over four feet in height within the required setback Section 30‐19(d)(2), 30‐19(d)(11), & 30‐19(m) to waive four required parking stalls Section 30‐19(h)(2)(b) & 30‐19(m) to allow dimensionally nonconforming 9’ by 16’ parking stalls where 9’ by 19’ is required Section 30‐19(h)(3)(a) and 30‐19(m) to allow a maneuvering aisle of 22 feet where 24 feet is required Section 30‐19(h)(1) to locate a parking stall within the required setback from the street Section 30‐24(f) provide one inclusionary housing unit or seek relief PETITIONERS’ RESPONSIBLITIES The petitioner should supply a landscaping plan prior to the working session The petitioner should indicate how he intends to comply with the inclusionary housing requirement prior to the working session. The petitioner should work with the Planning Department to scale back the project and to redesign the parking facility to that it is safer and more functional.
Petition #44-12 Page 8 of 8
ATTACHMENTS: ATTACHMENT A: VICINITY ZONING MAP ATTACHMENT B: VICINITY LAND USE MAP ATTACHMENT C: ZONING REVIEW MEMO ATTACHMENT D: ENGINEERING DEPARTMENT MEMO
Telephone (617) 796-1120 Telefax (617) 796-1142 TDD/TTY (617) 796-1089 www.newtonma.gov
City of Newton, Massachusetts
Setti D. Warren Mayor
Department of Planning and Development
1000 Commonwealth Avenue Newton, Massachusetts 02459
Candace Havens Director
ZONING REVIEW MEMORANDUM
Date: January 30, 2012 To: John Lojek, Commissioner of Inspectional Services From: Seth Zeren, Chief Zoning Code Official Eve Tapper, Chief Planner for Current Planning Cc: Terrence P. Morris, attorney representing applicant Candace Havens, Director of Planning and Development Ouida Young, Associate City Solicitor RE: Request to allow multi‐family dwellings in the BU1 zone and waive associated dimensional, site design, and parking requirements Applicant: First Cambridge Realty Corp. Site: 429 Cherry Street SBL: 33012 0012 Zoning: BU1 Lot Area: 13,398 square feet Current use: Nonprofit educational services Proposed use: A multi‐family dwelling with nine units and office space
The property at 429 Cherry Street consists of a 13,398 square foot lot currently improved with a two‐ story building last used by the Newton Community Service Center. The applicant proposes to demolish the existing structure and construct a three‐story multi‐family dwelling with 1,116 square feet of office space on the first floor, and a 19‐stall below‐grade parking garage. The following review is based on plans and materials submitted to date as noted below.
Architectural plans, by Perkins Eastman, unsigned and unstamped, dated 12/7/11 o A‐101 Garage and First Floor Plans o A‐102 Second and Third Floor Plans o A‐201 Proposed Elevations o A‐301 Proposed Section Existing site plan by VTP Associates, unsigned and unstamped, dated 11/5/11 Proposed site plan and zoning analysis by VTP Associates, unsigned and unstamped, dated 12/6/11 Email from Gregory Modzelewski detailing the gross square footage of the proposal, dated 12/6/11
Preserving the Past
Planning for the Future
ADMINISTRATIVE DETERMINATIONS: 1. The applicant proposes to construct a mixed‐use building with nine dwelling units and 1,116 square feet of office space. The property is located in the Business 1 (BU1) zone. Per Section 30‐11(d)(8), the applicant must obtain a special permit from the Board of Aldermen to build a multi‐family dwelling in the BU1 zone. 2. The proposed development must comply with the dimensional standards of Section 30‐15, Table 1 and Table 3 (see chart below). BU1 Zone Required/Allowed Existing Proposed Lot Size 10,000 square feet 13,398 square feet No change Frontage 80 feet 83.3 feet No change Setbacks 1 10 feet 7.3 feet 10.3 feet Front 17.37 feet2 14.9 feet 18 feet Side (Right) 3 4.7 feet 13.6 feet 5.6 feet Side (Left) 2 17.37 feet 41.1 feet 2.7 feet Rear FAR 1.0 by right, 1.5 by special Not provided 1.47 permit Building Height 24 feet by right, 36 feet by Not provided 34.75 special permit Maximum Stories 2 stories by right, 3 stories 2 3 by special permit
1. 2. 3. Per Section 30‐15(d) and Table 3, Footnote 1, average of abutting front setbacks Per Section 30‐15, Table 3, Footnotes 3 and 10, required setback is one‐half building height when abutting residential or public use zones Per Section 30‐15, Table 3, Footnote 2, side setbacks may be a distance equal to the side yard setback of the abutting property when not abutting residential districts
3. Per Section 30‐15, Table 3, buildings in the BU1 zone are allowed two stories and a height of 24 feet by right. A maximum of three stories and 36 feet of height is allowed by special permit. The applicant’s plans show a three‐story building that is 34.75 feet in height. To construct the building as proposed, the applicant must obtain a special permit from the Board of Aldermen, per Section 30‐15(h) and Table 3. 4. Per Section 30‐15, Table 3, by‐right development in the BU1 zone is limited to a floor area ratio (FAR) of 1.0. A maximum FAR of 1.5 is allowed by special permit. The applicant’s plans show a proposed FAR of 1.47. To construct the building as proposed, the applicant must obtain a special permit from the Board of Aldermen, per Section 30‐15, Table 3. 5. The proposed structure has a gross floor area of 19,751 square feet, not including the below‐grade basement parking facility. Per Section 30‐11(j), to construct a building of between 10,000 and 19,999 square feet of gross floor area, the applicant must obtain site plan approval from the Board of Aldermen per Section 30‐23.
6. The Newton Law Department has determined that the public parking lot located to the west of the site is zoned Public Use. Per Section 30‐15, Table 3, Footnote 3, when abutting a Residential or Public Use zone, the rear setback in the Business 1‐4 Districts is ½ building height or 15 feet, whichever is greater. The applicant’s plans show a balcony on the rear of the building to be located 2.7 feet from the property line. To construct the building as proposed, the applicant must obtain a variance from the Zoning Board of Appeals. 7. Per Section 30‐5(b)(4), the placement of a retaining wall greater than four feet in height within a required setback requires a special permit from the Board of Aldermen. The applicant’s plans show a retaining wall up to eight feet in height necessary to provide access to the below grade parking garage and located within the side setback. The applicant must obtain a special permit from the Board of Aldermen per Section 30‐5(b)(4) to construct this retaining wall as shown. 8. Per Section 30‐19(d)(2), two parking stalls are required for each dwelling unit in a multi‐family use. Per Section 30‐19(d)(11), one parking stall is required per 250 square feet of office use. The applicant has proposed nine dwelling units and 1,116 square feet of office. Therefore the total parking requirement is 23 parking stalls (9 x 2 = 18; 1,116 / 250 = 5). The applicant’s plans show a total of 19 parking stalls contained in a below‐grade garage. Therefore, the applicant must obtain a special permit from the Board of Aldermen per Section 30‐19(m) to waive four required parking stalls. 9. As an indoor parking facility with greater than five spaces, the below‐grade garage must meet all the requirements of Sections 30‐19(h). 10. Per Section 30‐19(h)(2)b), stalls must be at least 19 feet in length. The applicant’s plans show ten stalls which are only 16 feet in length. To construct this parking facility as proposed, the applicant must obtain a special permit from the Board of Aldermen per Section 30‐19(m). 11. Per Section 30‐19(h)(2)c), one handicap parking stall must be provided in a parking facility with 19 stalls. The applicant’s plans show no handicap parking stall. To construct this parking facility as proposed, the applicant must obtain a special permit from the Board of Aldermen per Section 30‐ 19(m). 12. Per Section 30‐19(h)(3)a), a minimum maneuvering aisle of 24 feet is required for 90‐degree angled parking. The applicant’s plans show a maneuvering aisle of only 22 feet. To construct this parking facility as proposed, the applicant must obtain a special permit from the Board of Aldermen per Section 30‐19(m). 13. The applicant proposes to construct nine multi‐family dwellings by special permit, therefore triggering the requirements of Section 30‐24(f). Per Section 30‐24(f)(3), the applicant would be required to provide one inclusionary housing unit. Per Section 30‐24(f)(4)a), the Board of Aldermen may allow the payment of a fee in lieu of providing the inclusionary unit if it finds that such a payment will result in an unusual net benefit of the fee over the affordable unit. 14. See “Zoning Relief Summary” below:
Zoning Relief Required Ordinance §30‐11(d)(8) Ordinance §30‐15(h); §30‐15, Table 3 §30‐15, Table 3 §30‐11(j)(1) §30‐5(b)(4) §30‐15, Table 3, Footnote 3 Ordinance §30‐19(d)(2); §30‐19(d)(11); §30‐19(m) §30‐19(h)(2)b); §30‐19(m) §30‐19(h)(2)c); §30‐19(m) §30‐19(h)(3)a); §30‐19(m) Ordinance §30‐24(f) Use Allow multi‐family dwellings in the BU1 zone Structure and Site Allow a three‐story structure, 34.75 feet in height, in the BU1 zone Allow an FAR of 1.5 in the BU1 zone Construct a building of between 10,000 and 19,999 square feet of gross floor area in the BU1 zone Permit the location of a retaining wall over four feet in height within a required setback Permit a rear setback of 2.7 feet where 17.37 feet is required Parking Waive four required parking stalls Action Required S.P. per §30‐24 Action Required S.P. per §30‐24 S.P. per §30‐24 Site Plan Review per §30‐23 S.P. per §30‐24 Variance from the ZBA Action Required S.P. per §30‐24
Allow ten dimensionally nonconforming 9’x16’ parking stalls, where 9’x19’ is required Provide one handicap parking stall or obtain a waiver Allow a maneuvering aisle of 22 feet where 24 feet is required Inclusionary Housing Provide one inclusionary housing unit
S.P. per §30‐24 S.P. per §30‐24 S.P. per §30‐24 Action Required Comply with §30‐ 24(f)
CITY OF NEWTON ENGINEERING DIVISION MEMORANDUM
Alderman Ted Hess-Mahan, Land Use Committee Chairman
From: John Daghlian, Associate City Engineer Re: Special Permit – #429 Cherry Street
Date: February 27, 2012 Lou Taverna, PE City Engineer (via email) Linda Finucane, Associate City Clerk (via email) Eve Tapper, Chief Planner (via email) Derek Valentine, Planner (via email) _______________________________________________________________________ In reference to the above site, I have the following comments for a plan entitled: CC:
Topographic Site Plan Showing Proposed Conditions at # 429 Cherry Street Newton, MA Prepared by: VTP Associates, Inc. Dated: January 31, 2012
Executive Summary: The project involves the demolition of an existing 1-1/2 story office building, and construction of a 3 story - 9 residential units on a just over 0.30 acre site. The site is relatively flat having a three foot differential over 170- foot depth lot. All new utilities are proposed for the development. No drainage calculations have been supplied for this review. The Engineering Division requires that an on-site soil evaluation is performed prior to the submission of the design. The engineer of record needs to perform these tests within 20-feet of each system and witnessed by a representative of the Engineering Division. The design indicates an overflow connection to the City’s drainage system. The engineer of record needs to demonstrate why this overflow is warranted.
#429 Cherry Street Page 1 of 5
4’ Grade Change: The proposed retaining wall along the northern property line will need to be designed as a structural wall as it has a height of 8.5’ near the underground garage entrance. A fence will be needed along its length for safety concerns. As a Public Benefit the applicant should improve the existing asphalt sidewalk & concrete curbing by installing new cement concrete sidewalks, driveway apron and new granite curbing. The abutting property to the south has concrete sidewalks and this development should improve the sidewalk along the frontage. The southerly driveway apron shall be removed and remodeled as a sidewalk in compliance to the City’s Construction Standards.
Construction Management: 1. A construction management plan is needed for this project. At a minimum it must address the following: staging site for construction equipment, construction material, construction worker’s vehicles, phasing of the project with anticipated completion dates and milestones, safety precautions, emergency contact personnel of contractor.
2. Stabilized driveway entrances are needed during construction which will provide a tire wash and mud removal to ensure City streets are kept clean.
Drainage: 1. On site soil evaluation is needed before approval of this plan. The testing shall be witnessed by the Engineering Division. 2. When a connection to the City’s drainage system is proposed, prior to approval of the Building Permit a Closed Circuit Television (CCTV) inspection shall be performed and witnessed by the Engineering Division, the applicant shall retain a contractor that specializes in CCTV inspection. The applicant shall contact the Engineering Division 48 hours in advance to schedule an appointment. At the end of the inspection the video or CD shall be given to the inspector. Furthermore, upon completion of the connection to the drainage system a Post – Construction video inspection shall also take place and witnessed as described above 3. A drainage analysis needs to be performed based on the City of Newton’s 100-year storm event of 6-inches over a 24-hour period. All runoff from impervious areas need to be infiltrated on site, for the respective lots. The drainage
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4. An Operations and Maintenance (O&M) plan for Stormwater Management Facilities needs to drafted and submitted for review. Once approved the O&M must be adopted by applicant, incorporated into the deeds; and recorded at the Middlesex Registry of Deeds. A copy of the recording instrument shall be submitted to the Engineering Division. 5. The maintenance of the proposed leaching galleys toward the rear of the property maybe difficult as vehicular access is restricted based on the improvements to the site. 6. It is imperative to note that the ownership, operation, and maintenance of the proposed drainage system and all apparentness including but not limited to the drywells, catch basins, and pipes are the sole responsibility of the Homeowners Association. Environmental: 1. Has a 21E investigation & report been performed on the site, if so copies of the report should be submitted the Newton Board of Health and the Engineering Division. 2. Are there any existing underground oil or fuel tanks, are they to be removed, if they have been evidence should be submitted to the Newton Fire Department, and Newton Board of Health.
Sewer: 1. The existing water & sewer services to the building shall be cut and capped at the main and be completely removed from the site and properly back filled. The Engineering Division must inspect this work; failure to having this work inspected my result in the delay of issuance of the Utility Connection Permit.
2. The new sewer service and/or structures shall be pressure tested or video taped after final installation is complete. Method of final inspection shall be determined solely by the construction inspector from the City Engineering Division. The sewer service will NOT be accepted until one of the two methods stated above is completed. A Certificate of Occupancy will not be recommended until this test is completed and a written report is received by the City Engineer. This note must be added to the final approved plans.
#429 Cherry Street Page 3 of 5
Water: 1. Fire flow tests will be required on the two nearest hydrants to verify the design assumption of the fire protection service. The fire flow tests shall be witnessed by the Fire Department and/or the Engineering Division. Hydraulic calculation will have to be submitted to the Fire Department for final approval.
General: 1. As of January 1, 2009, all trench excavation contractors shall comply with Massachusetts General Laws Chapter 82A, Trench Excavation Safety Requirements, to protect the general public from unauthorized access to unattended trenches. Trench Excavation Permit required. This applies to all trenches on public and private property. This note shall be incorporated onto the plans 2. All tree removal shall comply with the City’s Tree Ordinance. 3. The contractor is responsible for contacting the Engineering Division and scheduling an appointment 48 hours prior to the date when the utilities will be made available for an inspection of water services, sewer service, and drainage system installation. The utility is question shall be fully exposed for the inspector to view; backfilling shall only take place when the City’s Inspector has given their approval. This note should be incorporated onto the plans 4. The applicant will have to apply for Street Opening, Sidewalk Crossing, and Utilities Connecting permits with the Department of Public Works prior to any construction. This note must be incorporated onto the site plan. 5. The applicant will have to apply for a Building Permits with the Department of Inspectional Service prior to any construction. 6. Prior to Occupancy permit being issued, an As-Built Plan shall be submitted to the Engineering Division in both digital format and in hard copy. The plan should show all utilities and final grades, any easements and final grading. This note must be incorporated onto the site plan. 7. If a Certificate of Occupancy is requested prior to all site work being completed, the applicant will be required to post a Certified Bank Check in the amount to cover the remaining work. The City Engineer shall determine the value of the uncompleted work. This note must be incorporated onto the site plan.
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Note: If the plans are updated it is the responsibility of the Applicant to provide all City Departments [Conservation Commission, ISD, and Engineering] involved in the permitting and approval process with complete and consistent plans.
If you have any questions or concerns please feel free to contact me @ 617-796-1023.
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