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Zoning and Planning – 5/22/2023 Report

The Zoning and Planning Committee held and set the public hearing date for the following item (see Report and watch the NewTV video):

  • Request for an update and discussion with the Sustainability Director on the requirements under the Ten Communities program, that would allow Newton to require electrification of all new construction and substantial renovations, and to consider adopting such an ordinance.

According to the report, Sustainability co-Director, Ann Berwick and Assistant City Solicitor Lee provided an update regarding requirements under the Ten Communities program. The deadline to approve the ordinance is January 1, 2024, but a draft ordinance must be submitted to the Department of Energy Resources (DOER) by September 1, 2023 for their approval. The Act requires participating communities to meet a housing affordability requirement (meet the 10% affordable housing threshold as established under Chapter 40B, have established “safe harbor” status through an approved Housing Production Plan, or have a zoning ordinance allowing for at least one district permitting as of right, at least 14 units/acre for multi-family housing without age restriction and available for families with children) by February 11, 2024. Berwick said they intend to submit the draft ordinance early this summer to provide time for the Council to make any amendments in the event they do not receive approval from DOER. Attorney Lee added that DOER is also requiring a public hearing even though it is not required by statute.

Chair Crossley referred to a previous discussion outlining the differences between Newton’s draft ordinance and the DOER model ordinance. Specifically, the draft waiver provision would apply to only major renovation projects and would require certification from an architect, engineer, or general contractor that compliance would increase the cost by at least 50% more than the same project built to code. A previous version would have required the Inspectional Services Department to make a subjective determination. Regarding the definition of “Major Renovation”, Attorney Lee said DOER has its own definition.

Councilors voted to hold the item and set the public hearing date for June 14. In advance of the public hearing, Chair Crossley has sent this packet to the list of all building professionals who have interacted with ISD  and Planning.

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