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Zoning and Planning – 2/15/2024 Updated Report

The Zoning & Planning Committee voted to hold the following items (see Report and watch NewTV video):

  • Discussion concerning ZAP Committee workplan for the new term. According to the report, there will be a public hearing on February 26 on a proposed ordinance requiring electrification in all new construction and substantial renovations. The Chair asked Committee members to inform him of upcoming items not yet docketed to aid in scheduling conversations. The Committee voted to hold 6-0, Councilor Albright not voting,
  • Quarterly update on projects using the VCOD overlay districts. According to the report, the Planning Department said that because of the City’s Inclusionary Zoning Ordinance, which allows for more affordable units than State guidelines, parcels over 30,000 sf, Auburndale, areas under 5 contiguous acres, VC2 parcels on a mixed-use priority street were not included in Newton’s submission for the MBTA Communities Act Guidelines Compliance. It is believed these areas would not pass the required economic feasibility analysis now being conducted by the Metropolitan Area Planning Council. The Planning Dept believes Newton will still meet compliance without these parcels. See also Fig City News article.

Newton’s MBTA Communities Act compliance submission:

  • Cover memo on Newton’s MBTA Compliance Submission – click here
  • Memo from the City Clerk certifying that the text and maps are up to date – click here
  • A copy of the City of Newton Chapter 30: Zoning Ordinance – click here
  • A copy of the updated City of Newton Zoning Map – click here
  • The MBTA Communities Workbook for Mixed Use Required – click here
  • The MBTA Communities Workbook for Residential Development – click here
  • Shapefiles for the part of the VCOD submitted to EOHLC – click here

The Planning Department is coordinating with other departments to create an Application for Development within VCOD. Information sheets for the public will be available soon. The Assessing Database has been updated with the new zoning. Planning is ‘exploring’ a meeting with ‘DRT’ on by-right development within the VCOD.  The Committee voted to hold 6-0, Councilor Albright not voting.

  • Request for discussion and possible amendments to enhance the preservation of existing homes. According to the report, the Planning Department would like the Committee to provide guidelines for this large, multifaceted undertaking. Ideas mentioned include expanding the possibility of adaptive reuse; limiting what a developer can build through site controls, such as increasing setbacks or reducing scale of new development; finding ways to assist first-time homebuyers looking for smaller homes; and expanding the number of historical homes subject to demolition delays. The Committee voted to hold 7-0.
  • Amend the setbacks in the MR zones to encourage preservation of existing buildings Discussed with the above item. The Committee voted to hold 7-0.
  • Discussion and possible ordinance amendment to deal with grade changes created during construction causing denuded wooded areas, stormwater runoff on neighboring properties, and buildings significantly taller than neighboring houses. According to the report, Community Engagement Specialist, Olivia Jame explained that developers are maxing out the site and manipulating height and FAR using grading and retaining walls. Developers are only required to get a special permit when they build retaining walls over 4 ft within the setback area. Current zoning measures floor area ratio (FAR) from the finished grade elevation around the perimeter of the building. There are no limits on the size of retaining walls outside of the setback area.

Proposed solutions: requiring a special permit for retaining walls over 4 ft anywhere on a property; measuring height from the existing grade or a fixed point; measuring height along the front elevation; setting a maximum height for individual or terraced retaining walls; looking at when a basement counts towards FAR.

Committee members also requested that criteria on retaining walls be included in the ordinance to help guide the Land Use Committee.

Discussion will be continued at a future meeting and the Committee voted to hold 7-0.

  • Discuss and Implement Key Metrics & Reporting Processes for key metrics relevant to the Planning Department. According to the report, the docketing Councilors want to identify areas where the City can collect data and easily display it for the public. The first step is to identify what data the City is collecting and how it can best be displayed on the City’s website. Recommendations were made to coordinate with other departments and see what other communities are doing. The Committee voted to hold 7-0.
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