Attorney for Tree Top Home LLC seeks special permit for 4‑story rebuild at 5 Bennett Street; councilors ask for demolition, drainage and construction controls

Attorney James Giuliano, representing Tree Top Home LLC, presented a special‑permit application to raise and rebuild a preexisting nonconforming single‑family dwelling at 5 Bennett Street into a new four‑story residential building.

Giuliano told the Special Permits Committee the applicant submitted a first draft of proposed conditions addressing neighbors’ concerns about dumpsters, parking, fencing and site drainage. He said the proposal will include pervious paving and on‑site dumpster enclosures and that the building will require sprinklers: “sprinklers will have to be installed. Obviously this is more than a 3 unit of residential building, so we’re gonna have to add those,” Giuliano said. He also said the applicant was willing to make the first‑floor bath a half bath and to prohibit creating a basement bedroom.

The applicant’s team confirmed they will provide eight parking spaces on-site, assign spaces to units and update architectural plans to reflect the half‑bath condition. Giuliano said water and sewer connection sizing and any required upgrades are determined at the building‑permit stage and that the project team will coordinate with the building commissioner and city engineers.

Councilors asked for additional, written controls tied to construction and demolition. Councilor Demers urged a condition requiring a demolition and debris removal plan filed with the building commissioner and a construction logistics plan that identifies contractor parking, equipment staging and the sequence for debris removal. The committee also discussed retaining‑wall details requested by a neighbor; Giuliano said the applicant will gather cross sections and work with abutters on screening and plantings.

Committee members pressed drainage and municipal‑engineering questions. Giuliano said, and provided documentation, that the site disturbance was about 7,000+ square feet and that under local rules some larger drainage requirements trigger only above a 20,000‑square‑foot disturbance threshold; he said the municipal engineering review will govern any required drainage upgrades and that the project team would work with the city building and engineering departments on necessary water/sewer upgrades.

Committee members also discussed unit mix and parking. The proposal presented three‑bedroom units; councilors asked whether the petitioner would consider two‑bedroom units to limit demand on schools and parking. Giuliano said unit mix remained negotiable and that revised plans with the half bath would be submitted soon.

No final permit was granted. The committee voted to keep the application in committee to allow the applicant to submit revised plans, the half‑bath change and additional documentation including a demolition/debris plan, construction logistics, retaining‑wall cross sections and water/sewer connection materials. Giuliano said the applicant will return with updated plans.