Zoning Board of Appeals

City of Waltham C OMMONWEALTH OF M ASSACHUSETTS ZONING BOARD OF APPEALS LEGAL NOTICE DATE FILED: March 19, 2025 THE ZONING BOARD OF APPEALS OF THE CITY OF WALTHAM WILL HOLD A PUBLIC HEARING IN THE GOVERNMENT CENTER, 119 SCHOOL STREET, WALTHAM, MA ON April 29, 2025 AT 7:00 P.M. ON THE FOLLOWING: Case #: 2025-13. Petitioner/ Owner: Brandeis University, a Massachusetts Educational Corporation. Nature of Appeal/Petition: Appeal from Decision of Building Inspector under G.L. c. 40A, § 3. Subject Matter: Brandeis University is a nonprofit educational corporation organized under Chapter 180 of the General Laws of Massachusetts. The Locus is a large parcel of land known and numbered as 415 South Street, also known as Brandeis University (Upper Campus). The Petitioner proposes to construct, use, and maintain a new residence hall on a portion of the Locus. Location and Zoning District: 415 South Street (Map 67 Block 8 Lot 2), 515R South Street (Map 74 Block 1 Lot 2) and 515 South Street (Map 74 Block 1 Lot 3). The Locus is situated in a Residence A3 Zoning District. Provisions of Zoning Ordinance Involved: § 4.12 (11) (e), § 5.21, and § 5.2 et seq. Specific Relief Sought: Setbacks: § 4.12 (11) (e) states that buildings and structures up to five stories but not more than 60 feet in height shall be allowed given a 450-foot setback from all residential property lines. Here the proposed residence hall will be five stories and the actual building height will be 60 feet. • The “side yard” of the proposed residence hall will be setback approximately 171 feet from the nearest residential or public open space property lines; and • The “rear yard” will be setback approximately 195 feet from the nearest residential or public open space property lines. Parking: The proposed residence hall requires 634 off-street parking spaces (lodging houses – one parking space per rented bed) pursuant to § 5.21 - Table of Off-Street Parking Requirements. However, when taking into account the proposed residence hall, all of the existing structures on the Locus, and the uses associated therewith, § 5.2 et seq. would require the Petitioner to provide 11,206 parking spaces on the Locus. Here the Petitioner proposes to provide 1,338 parking spaces. THE DOVER AMENDMENT G.L. c. 40A § 3 – Setbacks: The Petitioner contends that the setback requirements of § 4.12 (11) (e) as applied to this proposed residence hall are not reasonable under G.L. c. 40A, § 3. Therefore, the Petitioner respectfully requests that the Board of Appeals make a determination and declare that the setback requirements of § 4.12 (11) (e) are unreasonable as applied to said residence hall as proposed by the Petitioner, and to set such provisions of the Zoning Ordinance aside pursuant to G.L. c. 40A, § 3. 119 SCHOOL STREET • WALTHAM, MA 02451 Telephone: 781-314-3330 • Fax: 781-314-3341 Parking: The Petitioner further contends that the parking requirements imposed by § 5.21 and § 5.2 et seq. as applied to the Locus, are not reasonable under G.L. c. 40A, § 3. Therefore, the Petitioner respectfully requests that the Board of Appeals make a determination and declare that the off-street parking requirements imposed by § 5.21 and § 5.2 et seq. are unreasonable as applied to the Locus, and to set such provisions of the Zoning Ordinance aside pursuant to G.L. c. 40A, § 3. Further information and plans concerning this case may be viewed at the Zoning Board of Appeals’ Office, 119 School Street, Waltham, Massachusetts 02451; Hours: Monday - Friday 8:30-4:30. MEMBERS: John Sergi, Mark Hickernell, Glenna Gelineau, Matthew Deveaux, Stephen Taranto. ASSOCIATE MEMBERS: Edward McCarthy, Oscar LeBlanc, Sarah Hankins, Joseph Attardo.