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Committee presses for conditions in 30 Maple Street special permit to ensure conversion is three‑family, not four
Summary
The Urban Affairs Committee reviewed a special permit application to convert 30 Maple Street to a three‑family property, and directed the applicant to add specific conditions — including surrendering an upper-level unit and removing kitchen/plumbing fixtures — clarifying parking, plan dates and exterior lighting before the council acts.
The Marlborough City Urban Affairs Committee on Jan. 13 reviewed a special permit application to convert a house at 30 Maple Street into a three‑family residential property and asked the applicant and attorney to add explicit conditions to prevent the property from operating as a larger, unauthorized multi‑unit dwelling.
Committee members focused on preexisting nonconformities, parking and plan specificity. The property’s lot coverage is recorded as a preexisting nonconforming 42.6% (the ordinance maximum cited in the decision is 30%), and the draft decision accepts the existing nonconforming conditions while requiring detailed site plan review by the Site Plan Review Committee before issuance of building permits.
The applicant’s submission proposes removal of an old garage to create parking, green space and required setbacks; the site‑plan reviewer determined the property is best served with eight parking spaces to preserve maneuverability. The draft decision includes standard conditions for exterior lighting (downward facing and shielded) and records the public‑hearing process; committee members asked that the decision specifically state who spoke in favor and who opposed at the hearing and that plan and sign dates be listed in the permit attachments.
A recurring substantive concern at the meeting was an existing upper floor area shown on the plan as “Unit D — to be surrendered, converted to storage.” Committee members pressed for clarity in the special permit conditions so that the space cannot function as a separate dwelling unit in the future. The attorney for the applicant agreed to revise the decision language; the committee asked that the condition require that cooking facilities be removed and that plumbing fixtures be disabled or otherwise not left in a configuration that would permit residential use. Committee members discussed whether removing a kitchen alone or removing bathroom plumbing would be the more effective method; they also discussed how “storage” would be conditioned (for example, whether it is heated or climate‑controlled).
The committee also asked that the final decision include explicit references to the plan drawings and their dates (the attorney said the plans are by Chapel Engineering dated 09/10/2024) so that the permit ties to a specific set of drawings rather than an ambiguous submission. Members noted a discrepancy between the drawings shown at the public hearing and the copy in the record, including differing parking counts; they asked the attorney to provide corrected plans and attachment dates.
No final vote on a permit was recorded at the Jan. 13 committee meeting. Instead, the committee directed the applicant’s attorney to update the decision to include: (1) an explicit condition that the second‑floor unit will be surrendered and the kitchen removed or plumbing disabled to prevent future residential occupancy; (2) the plan and sign submission dates to be listed as attachments; (3) language confirming eight parking spaces as the approved parking layout unless the Site Plan Review Committee requires minor engineering changes that do not alter use or materially increase impervious area; and (4) a requirement that exterior lighting be downward facing and shielded. The decision remains subject to site plan review and the issuance of any building permits.
Committee members emphasized enforcement risk if permit language is vague, and discussed details such as whether plumbing fixtures must be permanently removed or capped to ensure the space cannot be reactivated as an apartment. The building commissioner and site‑plan reviewers will have an enforcement role once the permit is granted and site plan conditions are finalized.
Next steps: the attorney agreed to revise the draft decision and conditions, add the specific plan dates and provide corrected drawings. The committee will consider the revised document at a future meeting and the item will be forwarded to the full City Council after site plan review and final drafting.
