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Newton Highlands Neighborhood Area Council reviews Village Center Zoning redesign updates, rejects new building height proposals

Newton Highlands is one of the Village Centers slated for significant zoning redesign, and this has been a subject of ongoing discussion at the monthly meetings of the Newton Highlands Neighborhood Area Council (NHNAC).

At its April 6 meeting, Area Council President Jeremy Freudberg reported that on March 13, the City Council Zoning and Planning (ZAP) Committee discussed altering its VC1 proposal to reduce building footprints, number of units per lot, building height (not to exceed 2.5 stories), number of units, and set backs. The Floor Area Ratio (FAR) density has been removed as a tool for determining building density. ZAP Chair Deb Crossley explained that VC1 is meant to be a “gentle” transition from commercial to residential zones. In addition to reducing the building footprint on a VC1-designated lot, multiple buildings would require a special permit rather than being allowed by right. Both she and Councilor Pam Wright emphasized that property owners would have the choice of remaining with current zoning or switching to the newly developed zoning overlay. Area Councilor Nathaniel Lichtin said that having two different zoning options makes the process more complicated for property owners.

Mr. Freudberg also noted that on March 27, ZAP discussed the possibility of increasing VC3 building heights up to 6.5 stories, which would make it more “financially feasible” for developers to increase the number of affordable units. Councilor Crossley plans to continue that discussion at an April ZAP meeting and suggested that there might be village centers where taller buildings would be appropriate. Area Council member Robert Fizek, who is an architect, disagreed that more stories would lead to more affordable units. Mr. Lichtin suggested that the NHNAC write a letter to to ZAP stating that additional stories might not be appropriate for Newton Highlands. Lisa Monahan, an architect and Newton Highlands resident, responded that the Area Council should wait for the Village Center Zoning Redesign Version 2.0 before making comments. Mr. Lichtin thought that it was more useful to present concerns before Version 2.0 is released, to which Waban Area Council President Rena Getz agreed.

The ZAP Committee also dealt with the complexities of the MBTA Communities Act, recently determined by Attorney General Andrea Campbell to be binding on Massachusetts cities and towns. Mr. Freudberg explained that Newton is required to zone for 8,330 units and that the City is required to zone at least fifty acres of land for multi-family housing, with more than 90% within a half-mile of an MBTA station. In addition, 50% of the zoned land must be contiguous. Mr. Fizek asked about the criteria for developing these requirements. Councilor Crossley said that the Mayor, City Council, and Planning Department are in discussion with the State about the regulations, many of which would not work for communities like Newton, Brookline, and Cambridge. She explained that we have unusual land use based on village centers and a lot of public transportation, noting that there are ongoing talks with the Lt. Governor, as well. Among the possibilities, she said, is a contiguous “high density” zone between the Newton Centre and Newton Highlands MBTA stops. Area resident Kathy Pillsbury suggested that to comply with regulations, Newton may need 555 acres to provide for fifteen units per acre. Area Council secretary Srdjan Nedeljkovic suggested a contiguous zone along Needham Street with the possible extension of the Green Line. He noted that high-density development already exists or is being developed with Avalon, Northland, and a 40B project at Charlemont Street, but he noted that “the City has dragged its feet and is resisting the extension of transit to the corridor.”

However, Councilor Crossley reported that at the March 29 ZAP meeting there was discussion about the Riverside project (now paused because of high construction costs), which could be part of the contiguous zoning requirement. She said that the project would need to have over 500 units to qualify and would need to be entirely residential rather than mixed use, but “we will lose what we worked to achieve through special permit.” She conceded that the developer (Mark Development) could choose the “easier” way but “we would lose a project that we thought was good for the city.” Or, she said, Newton could designate the entire Green Line a VC-1 district to meet the requirement of the MBTA Communities Act.

According to Mr. Freudberg, new village-center zoning would NOT meet the 8,330-unit target. He said that the new zoning would allow twenty-two units per acre and achieve 3,530 units. Among the ways to achieve that goal, he offered reducing parking requirements, expanding the VC1 zoning, eliminating City-owned sites as part of the housing density, and allowing for commercial ground-floor development. Councilor Crossley said that the MBTA Communities Act does not forbid ground-floor retail, but Chapter 40A does include language for mixed-use and multifamily use. Councilor Crossley explained that Newton has so called “priority streets” for mixed-use development because, she said, “what’s a village center without restaurants and shops?” She reiterated that the City is looking for change in the requirements of the MBTA Communities Act. At the same time, she suggested that the $85 million earmarked for renovation of Newton’s three commuter rail stations in last year’s state transportation bond bill will depend on Newton’s compliance with the MBTA Communities Act.

Mr. Fizek expressed concern that most people in Newton do not know that zoning redesign is happening, and he was deeply critical of last fall’s presentation at the library, which he said “wasn’t real.” Councilor Crossley responded, saying “It was meant to introduce concepts because everyone isn’t an architect.” She said that there was a “vigorous process” to inform people, but that many people do not want to be involved in the zoning process. Secretary Nedeljkovic reiterated previous complaints that in the drawings, streets seemed wider than they are in fact, thereby minimizing the  height of taller buildings.

Mr. Lichtin proposed a motion stating: “The Area Council believes that the VC3 zoning proposal is inappropriate for the Newton Highlands village district and we believe that options 1 and 2 for the affordable housing density bonus with regards to increased number of stories is inappropriate.  Adding 2 stories wouldn’t be 6.5 for VC3 and 5.5 for VC2.” All nine area council members voted in favor of the motion.

In a follow-up to its March meeting, the NHNAC is sending a letter to Luis Perez Demorizi, Director of Newton Parks and Open Space, who appeared at the meeting to provide an update about the project at Levingston Cove and the “Left Beach” at Crystal Lake. The letter explains that many area residents want to know the reason those projects are not on schedule, considering the mildness of the winter. Moreover, Mr.Freudberg reiterated the Area Council’s expectation for a “widely publicized public meeting, which would allow the community to provide your department with important discourse and useful design criteria, ensuring a successful design process after a rough start last year.”

The Newton Highlands Neighborhood Area Council meets on the first Thursday of the month, in person and via Zoom.

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