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DRB: state overlay can make a legal fifth story at 197 Pearl Street despite city limits
Summary
The DRB update noted that a 197 Pearl Street project approved for four stories could legally include a fifth story under a state density overlay for qualifying uses; the DRB moved the building's front door to Maple Street after review and the council will have final say if objections arise.
Mr. Alden reviewed a specific development at 197 Pearl Street that illustrates tensions between local rules and state density overlays.
Alden said the project was approved for four stories but that a state overlay provision permits an additional story for certain occupancies: "The approval, was for 4 stories... Since then, the state has said, okay. If you have it for, certain types of people, we'll give you another story to try and increase density." Alden said the city had little discretion once the state rule applied, though the planning commission and council would have roles if the public objected.
On that site, the DRB asked the applicant to shift the front door to Maple Street so the building better participated in the life of that street; Alden said renderings should be provided in future submissions so the community can see the likely appearance of buildings on major routes before final approvals.
Councilors were told that while the fifth story may be legal under state guidance for qualifying uses, neighbors and the council retain avenues to comment and seek design mitigations prior to occupancy.
