City Council

City Council Docket February 24, 2025 The Waltham City Council will meet in the Council Chamber at City Hall, 610 Main Street, Waltham, MA on Monday, February 24, 2025 at 7:30 p.m. The following matters and others may be considered. Approval of Minutes Regular Meeting of February 10, 2025 Executive Meeting of February 10, 2025 Public Hearing Notice is hereby given that the City Council and the Board of Survey and Planning will hold a Joint Public Hearing in the City Council Chamber, City Hall, 610 Main Street, Waltham, Massachusetts on February 24, 2025 at 7:30 pm on the following proposed amendment to the zoning ordinance: ACCESSORY DWELLING UNITS 1. AMEND “Sec. 2.302” to add “Sec. 2.302A” “ACCESSORY DWELLING UNIT” as follows: ACCESSORY DWELLING UNIT – A secondary, self-contained dwelling unit, either attached to or detached from a principal single-family detached dwelling, located on the same lot as a principal single-family detached dwelling within a single-family residential zoning district, as specified in Section 3.4 Table of Uses, and subject to all requirements of Section 3.23. 1. AMEND “Sec. 3.23 – Definition” by striking the current “Section 3.23 Accessory dwelling unit” and replacing it with the following: Accessory Dwelling Unit (ADU): An ADU shall include a living area, kitchen, bathroom, and sleeping area separate from the principal single-family dwelling, consistent with the general requirements specified herein: (a) Permitted Locations: ADUs shall be permitted only as an accessory use to single-family detached dwellings within in single-family residential zoning districts, as specified in Section 3.4 Table of Uses. (b) Unit Size: The total floor area of an ADU shall not be less than 600-square feet or exceed 900-square feet, or 50% of the total gross floor area of the principal single-family detached dwelling, whichever is smaller. (c) Dimensional Requirements: An ADU, whether attached or detached, must comply with the dimensional requirements for the underlying zoning district, including, but not limited to, lot area, frontage, minimum setback, and maximum lot coverage requirements. ADUs are not subject to the reduced setbacks permitted for other types of accessory buildings, and no detached ADU shall exceed one-story in height. Updated: 2/21/25  City Council Docket February 24, 2025 (d) Parking Requirements: Each ADU shall provide at least one off-street parking space in addition to the parking required for the principal single-family detached dwelling, unless the lot on which the ADU is located is within 0.5 miles from an MBTA Commuter Rail Station. (e) Residential Use Only: The ADU shall be used exclusively for residential purposes and shall be prohibited for use as a short-term rental as defined in MGL c. 64G, §1. (f) Utility Connections: The ADU must be connected to the public water and sewer system and shall be separately metered from the principal single-family detached dwelling. (g) Separate Access: The ADU must maintain a separate entrance, either directly from the outside or through a common entry hall or corridor shared with the principal single-family detached dwelling, sufficient to meet the requirements of the state building code for safe egress. (h) Permit Requirements: A building permit is required for the construction or conversion of an ADU. The building permit application shall include detailed plans that demonstrate compliance with this chapter, including dimensional compliance, parking requirements, and the total square footage of the ADU. (i) Zoning Relief: A single ADU, accessory to a single-family detached dwelling, is permitted by-right. The locating of more than one ADU on a single lot shall require a special permit from the Board of Appeals, consistent with Section 3.616. 2. AMEND Sec. 3.4 Table of Uses line 3 – Accessory dwelling units (Sec. 3.616) and replace it with the following: RA- RA- RA- RA4 RB RC RD HR1 HR2 BA BB BC LC C I CR Use 1 2 3 Reference Accessory Y Y Y Y Y Y Y Y N Y Y N N N N N 3.23 and Dwelling 3.616 Units 3. Amend 3.616 Accessory dwelling units by striking 3.616 in its entirety and replacing it with the following: The City Council may grant a special permit allowing for more than one Accessory Dwelling Unit (ADU) as accessory to single-family detached dwelling only upon a finding that the following requirements have been met: (a) The secondary ADU meets all of the general requirements of Section 3.23 applicable to ADUs. Updated: 2/21/25  City Council Docket February 24, 2025 (b) The design and exterior appearance of the ADU is compatible with the principal dwelling and the surrounding neighborhood. (c) Sprinklered Fire Systems shall be required in any single-family detached dwelling containing more than two (2) ADUs. (d) Each additional permitted ADU shall have a dedicated off-street parking space located on the same lot as the principal single-family dwelling, unless the lot is located less than 0.5 miles from an MBTA Commuter Rail Station. 4. AMEND Sections 4.221 and 4.223 by adding the following language shown in bold: 4.221. Location and area of accessory buildings. A detached accessory building, may be located in the rear yard area, provided that not more than 25% of the required rear yard area shall be so occupied. An accessory building shall be at least 10 feet from the principal building and five feet from the side lot line and the rear lot line. An Accessory Dwelling Units (ADU) shall not be considered an accessory building for purposes of this section and must comply with the dimensional and setback requirements applicable to the underlying zoning district. 4.223. Height of accessory buildings. When an accessory building shall exceed 15 feet in height, the height shall not be greater than 125% of its least horizontal dimension, but not greater than 20 feet in height. No accessory building or detached Accessory Dwelling Unit shall exceed one story in height. Public Hearing Notice is hereby given that the City Council and the Board of Survey and Planning will hold a Joint Public Hearing in the City Council Chamber, City Hall, 610 Main Street, Waltham, Massachusetts on February 24, 2025 at 7:30 pm on the following proposed amendment to the zoning ordinance: TIME LIMITATIONS AND CHANGES IN SPECIAL PERMITS Proposed Amendments: I. Amend Section 3.552 and 3.51 of the Zoning Ordinance to delete the language shown in bold and add the new language shown in bold, subject to revisions recommended by the City Council and Board of Survey and Planning at the public hearing on this matter: 3.552 - Except as provided in Section 3.551, any change in any of the provisions of a special permit from the terms of the special permit as approved by the City Council, including but not limited to any change of use of any building or part thereof, any increase in the number of buildings or in the size of any individual building or, in the case of a residential development or a hotel, any increase in the number of units, shall require the issuance of a new special permit modification in accordance with the procedures in Section 3.51; provided, however, that nothing in this section shall be construed as preventing, as a matter of right and without requiring the obtaining of a new special permit, a reduction in the size of or a reduction of the number of units in any building included within the provisions of a Updated: 2/21/25  City Council Docket February 24, 2025 special permit so long as the building remains within the same footprint, there is no change in use of the building and there is no reduction in the number of parking spaces required by the terms of the special permit. However, upon application to the City Council, the Council may grant, by a 2/3 vote of the entire membership, a change in the provisions of the special permit without requiring a new special permit if it can be shown that unforeseen circumstances have required the expansion of the gross floor area by not more than 2% (but not more than 5,000 square feet) or the moving of a structure by not more than five feet but remaining within the required setback requirements. In no instance, however, shall a change in use be allowed without the issuance of a new special permit. 3.51 Procedures. Property owners desiring to obtain a special permit from the City Council authorized elsewhere within this chapter for either use or intensity of use purposes shall file application for the same with the City Clerk. Each application shall be accompanied by one original development prospectus, fully prepared, together with 20 copies of said development prospectus. The development prospectus form is incorporated as Appendix A of this chapter.[1] The plot plan shall clearly set forth the locus, together with all existing and/or proposed buildings, parking spaces, driveway openings and driveways. It shall show all properties within 300 feet of the locus with names and addresses of owners and all abutting properties and properties adjoining land of abutters. The names of owners of such properties shall be included. In addition, it shall set forth existing and proposed topography, service areas, other open use areas, required open space and buffer areas, all facilities for sewerage, refuse and other waste disposal, surface drainage and all landscape features (such as fences, walls, planting and walks). The plot plan described above shall be prepared by a registered land surveyor or registered civil engineer. Property owners desiring to modify an existing special permit consistent with Section 3.552 shall file an application with the City Clerk. Each application for a special permit modification shall be accompanied by a copy of the controlling special permit decision and approved plans for the locus, a written narrative explaining the proposed modification and basis for the request, supporting plans and documents identifying the modification, a draft order, and a certified abutters list identifying all properties within 300-feet of the locus with names and addresses of owners. A public hearing shall be required, with notice to the abutters. The cost of publishing and mailing notice shall be borne by the applicant. Submission of a full development prospectus shall not be required for a special permit modification application; provided however, that the City Council may solicit feedback from applicable city departments or request additional documentation in reviewing the proposed modification. Public Hearing Special Permit BP Third Avenue LLC c/o Boston Properties, 800 Boylston Street, Suite #1900, Boston, MA 02199-8103, the Petitioner and Owner of 180 Third Avenue, hereby petitions the City Council to modify a previously granted special permit that permitted the construction of the existing building Updated: 2/21/25  City Council Docket February 24, 2025 with an increased Floor Area Ration (FAR) of 1.18 pursuant to § 3.511 and § 3.521 of the Zoning Ordinance of the City of Waltham. The proposed modification will permit the Petitioner to install one pad and delineate a “reserve area” for a general location area for pads that would support subsequently installed, exterior, “on grade” generators and to install bollards or fencing, if needed, as shown on the Project Plans. Neither the existing footprint nor height of the building will change as a result of the project. The subject premises are the parcels of land known and numbered as 180 Third Avenue, shown in the “Atlas City of Waltham, Massachusetts” as follows: • Map 039, Block 003, Lot 0002 180 Third Avenue The above property is located entirely in a Commercial Zoning District. Public Hearing Special Permit (Recessed 1/13/25) Ferris Development Group, LLC, 118 Turnpike Road, Suite 300, Southborough, Massachusetts 01772, as Petitioner; and FD Special Opportunities II-A, LLC c/o Ferris Development Group, LLC, 118 Turnpike Road, Suite 300, Southborough, Massachusetts 01772, as the Owner, hereby petition the City Council of the City of Waltham to grant a special permit for an increase in Floor Area Ratio (FAR) to 0.6 pursuant to § 3.511 and § 3.521 of the Zoning Ordinance of the City of Waltham. The subject premises are shown in the “Atlas City of Waltham, Massachusetts” as: • Page 56, Block 2, Lot 13 1432 Main Street The above property is located entirely in a Commercial Zoning District. Public Hearing Special Permit (Recessed 1/27/25) 1265 Main Street LLC and J&Co., 77 Fourth Ave., Suite 310, Waltham, MA 02451, hereby petitions the City Council of the City of Waltham to grant a special permit for the construction of a hotel pursuant to §3.512 of the Zoning Ordinance of the City of Waltham. The proposed project consists of the construction of a 6-story hotel including but not limited to meeting rooms, conference/ball rooms, and typical amenities of a hotel including but not limited to fitness, restaurant, bar and 135 surface parking spaces. The subject premises are the parcels of land known and numbered as 1265 Main Street, shown in the “Atlas City of Waltham, Massachusetts” as follows: • R057-002-0002 01A, R048-003-0001 01B, R048-003-0001 01C, R048-003-0001 01D, R048-003-0001 01F, R048-003-0001 01G, R048-003-0001 01H, R048-003-0001 01I, R048-003-0001 01J, R048-003-0001 01E1, R048-003-0001 01E2, R048-003-0001 01E3, R048-003-0001 01E4, R048-003-0001 01E5, and R048-003-0001 01E6 The above property is located entirely in a Commercial Zoning District. Public Hearing Special Permit (Recessed 1/27/25) McDonald’s Real Estate Company, 110 N. Carpenter Street, Chicago, IL 60607, as Petitioner, hereby petitions the City Council for a Special Permit pursuant to §3.5 and Article III, § 3.620 and 3.635 of the Zoning Ordinance, to operate a fast-food establishment as defined by § 3.229 of the Updated: 2/21/25  City Council Docket February 24, 2025 Zoning Ordinance and further to provide drive-in customer services as defined at § 3.225. The Petitioner is also requesting an amendment to the existing special permit granted in Order No. 27124 to reflect the proposed site plan changes herein and further to amend condition S which limited the hours of operation to 6:00 AM to 11:00 PM. The Petitioner is seeking to amend the existing special permit to allow for extended hours of operation and/or 24 hour services. The locus is known and numbered as 789 Main Street and is shown in the “Atlas, City of Waltham, Massachusetts 1988”, as Map 59 Block 8 Lots 8, 9, 10 and 12. The property is situated in a Business B and Residence C Zoning District. The Legal Owner of the locus is McDonald’s Real Estate Company, 110 N. Carpenter Street, Chicago, IL 60607. Public Hearing Special Permit (Recessed 1/27/25) ALP PHOP Manager LLC, 1 Post Office Square, Suite 3700, Boston, MA 02109, as Petitioner; and NWALP TPOP Property Owner LLC C/O Northwood Investors LLC, 575 Fifth Avenue, 23rd Floor, New York, NY 10017, as legal owner hereby petitions the City Council of the City of Waltham to grant a Special Permit for an increase in Floor Area Ratio (FAR) to 1.88 pursuant to sections 3.511 and 8.651 of the Zoning Ordinance of the City of Waltham. The property is located at 460 Totten Pond Road and is shown on Atlas Page 31, Block 5, Lot 6-3. The property is situated in a Limited Commercial Revitalization Area Overlay Zoning District. Communications from the Mayor 1. The Mayor respectfully requests approval of the acceptance of a Waltham Public Schools Manual from 1999-2000 from Sue Kavaleski for the City Hall Museum 2. The Mayor respectfully requests approval of the acceptance of a donation in the amount of $1,500 from the Waltham Lions Charitable Foundation for the Council on Aging. 3. The Mayor respectfully requests approval of the acceptance of a shovel from the Leland House Groundbreaking from Jeannette A. McCarthy for the City Hall Museum Room. 4. The Mayor respectfully requests the appointment of John Everett White as a member of the Waltham Biosafety Committee to fill a vacancy. 5. The Mayor respectfully requests a transfer in the amount of $1,458,378 for the projected deficit in the snow overtime and snow general expenses accounts. 6. The Mayor respectfully requests an appropriation in the amount of $257,825 from Unreserved Fund Balance, for design services for improvements to 200 Trapelo Road. – Phase 2. Applications and Licenses 1. Lodging House Renewal – 77 Prospect Street – Vibrant Estate Management, Company Resolutions, Orders and Ordinances Updated: 2/21/25  City Council Docket February 24, 2025 Committee Reports Committee of the Whole 1. The Committee of the Whole recommends the approval of the re-appointment of David Joseph McGann as Constable for a three-year term be approved. Ordinances and Rules 1. The Ordinances and Rules Committee recommends that the City Council accepts Section 71 of Chapter 40 of the General Laws of Massachusetts, as recently added by Chapter 339 of the Acts of 2024 regarding the school bus cameras be approved. 2. The Ordinances and Rules Committee recommends amending Chapter 7 of the General Ordinances of the City of Waltham, entitled "Garbage, Trash and Refuse” be given a first reading. 3. The Ordinances and Rules Committee recommends amending Chapter 1, Section 1-13 entitled “Enforcement of municipal ordinances, by-laws and regulations” be given a first reading. Finance 1. The Finance Committee recommends the acceptance of a donation of $5,000 worth of car wash tickets to the public servants of Waltham from Prestige Car Wash be approved. 2. The Finance Committee recommends the acceptance of a Waltham Historical Calendar from Tim Kelly be approved. 3. The Finance Committee recommends the acceptance of a 50th Anniversary Waltham Police Book from Charles McCarthy Sr. for the Waltham Museum Room be approved. 4. The Finance Committee recommends the approval for the acceptance of a grant from the Massachusetts Board of Library Commissioners in the amount of $100,000 be approved. 5. The Finance Committee recommends the acceptance of a Grover Cronin bag from Darren Aucoin for the City Hall Museum Room be approved. 6. The Finance Committee recommends the Council Rule 66 Midyear Budget Report be filed. Licenses and Franchises 1. The Licenses and Franchises Committee recommends the Lodging House Resolution be filed. 2. The Licenses and Franchises Committee recommends the lodging house renewal at 124-126 Ash Street for Ash Street Lodging be approved. 3. The Licenses and Franchises Committee recommends the lodging house renewal at 403 River Street for Gilbere INN, LLC be approved. Updated: 2/21/25  City Council Docket February 24, 2025 4. The Licenses and Franchises Committee recommends the Class 2 renewal at 24-26 High Street for High Street, LLC. be approved. 5. The Licenses and Franchises Committee recommends the lodging house renewal at 6 Park Place for Park Place Realty Trust be approved. 6. The Licenses and Franchises Committee recommends the lodging house renewal at 12-14 Lowell Street for Middlesex Human Service Agency, Inc. be approved. 7. The Licenses and Franchises Committee recommends the grant of location at Second Avenue for NationalGrid be approved. 8. The Licenses and Franchises Committee recommends the lodging house renewal at 52-54 Bedford Street for 52-54 Bedford Street, LLC. be approved. 9. The Licenses and Franchises Committee recommends the lodging house renewal at 94 Adams Street for AMG Beech Road, LLC. be approved. 10. The Licenses and Franchises Committee recommends that a small black and gold plaque be placed on three available benches in the field area at 200 Trapelo Road. One will be for Tom Curtin, one for the Battaglino/Durkee families, and one for Thomas E. and MaryAnn Centofanti be approved. Unfinished Business & Other Business Tabled Items • 995 Main Street • Dumpster Ordinance • Outside Dining Ordinance Amendment (1st reading 2/10/25) Rule 58 • Mayor’s Communications regarding the City of Waltham Award – Massachusetts Recreation and Park Association Recessed Hearings Updated: 2/21/25