Does Austin St. Meet the Special Permit Criteria?

The public convenience and welfare is NOT SERVED.  Specifically:

  1. The specific site is NOT appropriate location for the proposed use and structure. While nominally replacing only a subset of the location’s current use for parking, it does so in a way that does not replicate the current lot’s function as quick, high-turnover, resource for the thriving businesses on Walnut St.   Parking studies have included an area spanning 7 minute walks from Walnut Street. The lot area proximate to Bray Way is not surplus, and should not be converted to private use. The size of the structure is out of scale with the neighborhood and does not follow the multi-building/small-masses guidance in the city’s statement of interest.
  1. The use as developed and operated WILL adversely affect the neighborhood. The extended construction and follow-on necessary sewer upgrades and long awaited (and unrelated) Walnut street improvements will adversely affect the function of the village and its family-owned businesses for several years, likely putting several out of business.  Thirty four businesses have signed a petition pleading for the proposal to not be approved.  Undergrounding of street utilities will provide further disruption if they occur.
  1. There WILL be nuisance and serious hazard to vehicles or pedestrians. Navigation of the proposed circuitous lot layout, support beams, and compact spaces will be hazardous.  Lack of visibility into lot has raised concerns.  Lighting requirements are being waived.   Construction period parking is proposed onsite and serious questions have been raised whether the builder will be able to obtain required bonding with that safety risk.
  1. Access to the site over streets IS INAPPROPRIATE for the types and numbers of vehicles involved. Realistic provisions have not been made for storage and removal of trash for 68 units and the businesses, for deliveries, or for routine resident drop offs and pickups.    Traffic predictions have over a car a minute crossing the Bram Way “pedestrian plaza”.
  1. The site planning, building design, construction, maintenance or long-term operation of the premises WILL HAVE OFFSETTING DETRIMENTS to the efficient use and conservation of natural resources and energy. The existing parking facilitates local shopping, dining, and errands by Newtonville residents, avoiding longer inefficient trips across the city or outside the city to larger stores.   Commuter parking allows workers to avoid driving into town.   While the commuter rail is well utilized by residents, the village does not have transit orientation on par with subway-accessible villages. Newtonville books cited the subway as part of rationale for move to Newton Center.
  1. Literal compliance with the parking requirements of the Newton Zoning Ordinance IS PRACTICABLE. The complex could be smaller in scope or could provide more underground parking for its own needs and not require a variance for 80 missing stalls.

With regard to the spot Mixed Use 4 District 1 zoning created specifically for the project:

  1. That proposed use will NOT ENCOURAGE an active, pedestrian-oriented streetscape throughout the day and week. Foot traffic will likely be largely behind the proposed structure to and from the apartments and toward the alleys to Walnut Street.  Resident foot traffic will largely flow directly to the underground garage.

That the proposed use DOES NOT FILL A DEMONSTRATED NEED for the use within the vicinity. The Newtonville area has extensive multi-unit dwellings (17 reported at recent hearing) and the Walnut street retail block has capacity for additional businesses. The project primarily provides upscale housing, office space and a very limited amount of “affordable” housing, which is actually above the typical costs of the immediate area.

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