At the October 3 meeting of the Full City Council, Councilors chartered three proposals, ending discussion, deliberation, and debate of those items. To “charter” an item means to invoke the Charter Objection, defined in Article II, Sec. 2-9(c) of the City Charter as:
“On the first occasion that the question on adoption of a measure is put to the city council, if a single member objects to the taking of the vote, the vote shall be postponed until the next meeting of the city council whether regular or special. If 3 or more other members shall join the member in such objection, such postponement shall be until the next regular meeting; provided, however, that for an emergency measure, at least 5 members in all must object. This procedure shall not be used more than once for any matter bearing a single docket number notwithstanding any amendments to the original matter.”
The first item chartered was the proposal to amend the Accessory Dwelling Unit Ordinance (see previous article). The proposed amendments include:
- Eliminating the 4-year look-back period,
- Allowing small detached ADUs by right,
- Relaxing setback requirements,
- Amending the owner occupancy provision to clarify terms of occupancy by indirect owners, and
- Updating the language of the ordinance regarding by-right use of Accessory Dwelling Units to clarify that FAR calculations must include the gross floor area of the ADU.
The motion was made by Councilor Baker. Pointing out that two councilors (Markiewicz and Laredo) were absent, he stated that the proposed amendments would have a city-wide impact and believes it is important for the council and public to be fully informed about the potential implications. He explained that he believes the separate structure ADUs have impacts that fall directly on neighbors and that the special permit review process provides an opportunity to ensure that these fit into the context of the neighborhood. Councilor Baker drafted two amendments that were sent to the Law Department and provided to the City Clerk:
- The first amendment would require accessory structures to have the same setback as the principal dwelling but that setback could be modified by the granting of a special permit;
- The second amendment would preserve the 4-year look-back provision to avoid the risk of properties being demolished.
He explained that because the item had been previously postponed (awaiting the recommendation from the Planning and Development Board), the Charter Objection was available and asked 3 colleagues to join him in making the objection. (Councilor Baker was joined by Lucas, Oliver, Malakie, and Wright).
The second item chartered was the request to accept the recommendation of the Community Preservation Committee (CPC) to appropriate $1,948,056 in Community Preservation Act funding, with $556,588 to come from the FY23 Community Housing Reserve Account and $1,391,468 to come from FY2023 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. Finance Committee Chair Grossman explained that the Committee had a philosophical question about how projects should be reviewed and who should be responsible for those spending decisions and allocations. She reported that representatives from the Affordable Housing Trust explained the need for nimbleness to respond to development opportunities. Councilor Gentile stated that he has no issues with the formation of the Trust and says it has nothing to do with any of the individual members of the Trust. He explained that he has a problem with the Trust Document, specifically Section 7-103, which states that General Revenues that go into the Trust become Trust property — and Section D, which states that the Trust is authorized to spend its funding and no further review is necessary for the expenditure of Trust funds. He referred to a long-standing policy of the City: “The Mayor proposes, and City Council disposes…”
Councilor Crossley explained that the Trust is effective only if the trustees are given the reigns to do so. She explained the 35% of CPA funds being allocated this year: It is the CPC’s goal to spend it over time; this money is for only one year, not in perpetuity. She urged support for the item. Councilors Leary, Bowman (who is a member of the Trust), and Ryan, also spoke in favor — particularly regarding the need to act quickly on opportunities when they arise. Councilor Gentile repeated that he has no objection to establishing the Trust or contributing 35% or even a higher amount, but he emphasized that he believes it has always been sound fiscal policy when talking about expenditures, that “we [City Council] have a responsibility to oversee and approve it.” He did note, prior to making his charter motion, that if the state enabling legislation does not permit oversight on how the money is spent, he could be convinced to change his mind and support the item.
The third and final item chartered was the proposal to extend tree protection throughout the city including a temporary one-year moratorium on all tree removal until the City Council adopts amendments to the tree ordinance. Councilor Norton explained the reason behind the moratorium item — to avoid “wholesale tree slaughter” while “people were trying to get in under the wire” before additional restrictions were adopted, and she cited the City of Cambridge, which also instituted a moratorium before its stronger tree ordinance was adopted. She said that she was disappointed with the vote in committee and because several members missing from the Full Council meeting, she chartered the item.
The items chartered can be taken up at the City Council’s next regularly scheduled meeting unless the Council President calls for a Special Meeting of the Council. Two of those items (Affordable Housing Trust and Tree Moratorium) can be taken up sooner if the President of the Council calls for a special meeting, but the third item (ADUs) was chartered by four or more Councilors, preventing the item from being addresses before a regularly scheduled meeting.