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City Council Reports – August 2022

Zoning and Planning Committee — 8/9/2022 Committee Report: The Zoning and Planning Committee voted to approve the following:

  • Two reappointments to the Chestnut Hill Historic District Commission:
    • Rick Wetmore
    • Susanna Lannik

All other items were held. There was substantive discussion regarding the newly formed Affordable Housing Trust and a request to amend the Inclusionary Zoning bylaw to allow the Affordable Housing Trust fund to directly receive one-half of the new Inclusionary Zoning funds received (the other half automatically goes to the Newton Housing Authority) instead of being held in a separate account with requests to appropriate and expend made to the City Council for approval. The Chair and Vice Chair of the Affordable Housing Trust Fund, Ann Houston and Peter Sargent, updated the Committee regarding work that has been done thus far, which includes a review of bylaws and guidelines, and they also reported that they had applied to the Community Preservation Committee (CPC) for $1,948,000 of CPA Community Housing Funds. Committee members had questions regarding the process to apply for funding and Housing Development Planner, Eamon Bencivengo, stated that the Planning Department is available to assist developers and Ms. Houston suggested that Mass Housing Partnership’s Community Assistance Division would also be a resource. With regard to the proposed amendment, Councilor Baker pointed out that this amendment would remove the role of the Council in dispersing these funds, and Mr. Bencivengo stated that the intent was to create a Trust that could be more efficient and timely to respond to housing opportunities. The item was held and a public hearing is scheduled for September 12.

The Committee also discussed the proposed amendments to the Accessory Dwelling Unit (ADU) ordinance that would allow detached ADUs by-right and allow them as part of new construction. The Chief of Long Range Planning, Zachary LaMel, provided responses to several questions that had been previously raised by Councilors: 72 ADUs permitted since 2017, no noise complaints from existing ADUs with setback waivers, and only 7 permits to legalize previously illegal ADUs since 2008. He also suggested that the by-right FAR, the 250 sq. ft. minimum allowed size, and the required setbacks were the primary limiting factors in why so few ADUs have been created. He then proceeded to present the proposed amendments, which include changing the setback requirement to whichever is greater — half of what would be required for the principal dwelling or 7.5 feet — and if the setback is less than what would be required for the principal dwelling, then additional screening would be required. Concern was raised regarding differences in setback requirements for SR1 versus SR2 and SR3 and whether the ADU setback should be less than the principal dwelling setback. With regard to the different setback requirements, Mr. LaMel stated that the intent was to have the different setback requirements be responsive to the unique characteristics of the various zoning districts. He also noted that the City was committed to preventing absentee ownership when those concerns are raised. The item was held, with a public hearing scheduled for September 12th.

The Committee also received an update on community engagement efforts regarding the draft zoning ordinance relative to village centers. The Library exhibit was scheduled to begin on September 1 and there will be other efforts for community outreach. The item was held. (Watch NewTV recording here).

Land Use Committee — 08-09-22 Committee Report: The Land Use Committee voted to approve the following:

  • Request for an Extension of Time to exercise a previously approved special permit to enclose first- and second-floor decks to create additional living space, and create an FAR of .53 where .51 exists and .49 is required at 1084 Chestnut Street
  • Request for a Special Permit/Site Plan Approval to construct first and second-story additions at the front and rear of the dwelling, further extending the nonconforming two-family residential dwelling use at 336 Cabot Street (See Special Permit Documents and Draft Council Order)
  • Request for a Special Permit/Site Plan Approval to construct a two-story rear addition to the principal dwelling, further increasing nonconforming FAR; to convert an existing detached structure into an accessory apartment and allow a reduced separation distance between the detached accessory structure and abutting dwelling; and to further extend a nonconforming two-story detached accessory building at 199 Church Street (See Special Permit Documents and Draft Council Order)
  • Request for a Special Permit/Site Plan Approval to construct shed dormers on two sides of the dwelling closer than 3 ft. to the end walls and exceeding 50% of the wall planes, and to exceed allowable FAR at 1198 Chestnut Street (See Special Permit Documents and Draft Council Order)
  • Request for a Special Permit/Site Plan Approval to combine two parcels and eliminate the interior lot line, and to construct additions to the existing dwelling, exceeding allowable FAR and further extending the nonconforming use at 1766-1768 Commonwealth Avenue (See Special Permit documents and Draft Council Order)
  • Request for a Special Permit/Site Plan Approval to partially enclose a porch and construct a two-story addition within the existing footprint, further increasing nonconforming FAR at 17 Jerome Avenue (See Special Permit Documents and Draft Council Order)

All other items were held. NOTE: This presentation was provided to the Committee on the Request to Rezone and Special Permit/Site Plan Approval for the elder housing with services proposal for Crafts Street by the applicant, and the City’s Planning Department provided this presentation regarding the petition. (Watch NewTV recording here).

Finance Committee – 8/11/2022 Committee Report: The Finance Committee voted to approve the following, subject to second call:

  • Request for authorization to transfer $1,500,000 from Current Year Wage Reserves to fund a recent agreement with the Newton Police Superior Officers Association (NPSOA). NOTE: This item was amended to $2,000,000 and the vote was 4 – 1 (Humphrey opposed) subject to second call as the final number had not been determined but expected to be by the Full Council Meeting on September 6.
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