The Zoning and Planning Committee voted to approve the following (see Report and watch video on NewTV):
- Request to review and amend Section 6.7.1 Accessory Apartments to remove barriers to creating accessory apartments, such as to consider conditions under which detached ADUs may be allowed by right, and under which ADUs may be permitted as part of new construction. A public hearing was held with the Chief of Long Range Planning presenting the item and explaining that the purpose of the proposed amendments is to make it easier to create Accessory Dwelling Units (ADUs). There are four proposed amendments:
- Eliminate 4 -year lookback period and allow for planning and building of ADUs in new construction.
- Allow more detached ADUs by right — if limited to 250 sf – 900 sf or 50% of total habitable space.
- Modify the setbacks for detached ADUs to equal either half of the setback required for the principal building in that zone, or 7.5 feet whichever is greater.
- Require screening if the setbacks are less than that of the principal dwelling.
Nine residents commented on the proposed amendments. Most expressed support: Two architects were very supportive while one architect was opposed, stating that the special permit process was not a significant obstacle for the construction of ADUs. One resident expressed concern about removal of the lookback provision and the setback requirements; one asked about multiple accessory buildings on one property; and another suggested removing the owner occupancy requirement. The Committee, after putting the item on the table, held a discussion that included a presentation of slides by two Councilors of a map showing hypothetical examples of detached ADUs by-right if built on every property located in the same block of single and two-family properties. Several Councilors suggested that the presentation was a scare tactic and that the scenario was not likely and that the illustrations were inaccurate. The committee voted 4-3-1 to remove the proposed screening requirement and voted 2-6 to retain the lookback provision. There were three motions that failed to carry: One to require that the setbacks for the detached ADUs be equal to the principal dwelling – (Vote 2-6); one to amend the proposal and not allow small detached ADUs by-right – (Vote 1-6-1); and one to allow a one-year lookback provision (Vote 3-5). The committee voted to approve 5-2-1.
- Request to amend Section 5.11.5.E to specify that the Affordable Housing Trust will be the entity to receive and distribute one-half of new Inclusionary Zoning funds, rather than having these funds go to a separate City account. A public hearing was held with the Housing Development Planner presenting the proposed amendment explaining that the purpsoe of dedicating 50% of the Inclusionary Zoning funds to the Affordable Housing Trust directly is to allow efficient operation of the Trust.
Three people commented: One was a member of the Community Preservation Committee who expressed support, the second was the Chair of the Affordable Housing Trust who noted that the Trust was looking to be responsive to projects seeking support, and the third was an architect who questioned the benefits of the Trust versus having a developer build the affordable units. The Committee voted to approve 8-0.
- Appointment of Elizabeth Sweet to the Zoning Board of Appeals.
- Request to approve a Community Preservation Committee (CPC) recommendation to appropriate $1,948,056 in Community Preservation Act (CPA) funding with $556,588 to come from the FY23 Community Housing Reserve Account and $1,391,468 to come from FY23 Unrestricted Funding Account, to provide funding to the Newton Affordable Housing Trust for future projects that meet one or more of the CPA’s eligible funding categories for Community Housing projects. The Vice Chair of the Community Preservation Committee was available to present and answer questions. It was noted that the request would recur on an annual basis and meets the CPC’s target amounts for Community Housing – 35% of CPC FY23 annual funds. This would provide seed money to the Trust to fund projects. Councilors expressed support and voted 8-0 in favor.
The following items were held:
- Request discussion on state guidance for implementing the Housing Choice element of the MA Economic Development legislation.
- Request a conversation with the Director of Planning and Development about Newton’s Subsidized Housing Inventory (SHI) and progress towards meeting the affordable housing safe harbor and a request to post the SHI on the City’s website.
- Request for a review, discussion, and possible ordinance amendments relative to Chapter 30 Zoning Ordinances pertaining to Mixed Use, Business Districts, and Village Districts relative to the draft Zoning Ordinance.
