At the February 15 meeting of the Zoning and Planning Committee, members received an update from the Planning staff regarding the submission of Newton’s documents requesting certification of compliance with the MBTA Communities Law. According to the law, Newton was among 177 communities required to enact a zoning ordinance or bylaw that would permit multi-family housing by right in at least one zoning district of a specified size. Since Newton is designated a Rapid Transit Community, it was required to pass this new zoning by December 31, 2023. Following a contentious community debate, Newton passed new zoning on December 4, 2023, after compromise amendments were made, and submitted its MBTA-compliant zoning by December 31, 2023.
Deputy Planning Director Jenn Caira explained that in December, 2023, the Planning Department submitted documents supporting compliance, including, workbooks, a zoning map, the new zoning ordinance, and related GIS files. After conducting a “completeness review” in January, the Commonwealth informed the City that “tweaks” were needed that did not involve changes to the zoning. The City submitted a revised package in January — including these large files: Excel workbooks for Mixed Use and Residential, a certified copy of the zoning ordinance, a zoning map, and related GIS files. The Commonwealth has since confirmed that the City’s submittal is complete minus an economic feasibility analysis.
Caira had earlier explained that one of the requirements under the MBTA Communities Law is if there is an affordability requirement, those requirements cannot be above 10% of the units at no lower than 80% Area Median Income (AMI), and if a community wants to go beyond that and require more than 10% or lower income level, then the community is required to do an economic feasibility analysis in order to show that the zoning that was adopted can meet those affordability requirements and still “pencil out” (comply). Caira explained that the City is waiting for the Metropolitan Area Planning Council (MAPC) to complete the analysis. She said that MAPC is doing analyses for most, if not all, of the MBTA Rapid Transit Communities.
Several committee members were surprised to learn that Landwise, the firm that had been advising and assisting the City with its zoning, has been replaced by MAPC to do the economic feasibility analysis. The Planning Department reports that it has been waiting for MAPC to complete its work and expects to receive the economic analysis within the next two weeks.
Caira also pointed out that in its submission, the City omitted all VC2 lots with mixed use. She said that after working with consultants on the final version of the zoning, they ended up with enough units to meet Newton’s target and comply even if they removed the VC2 Mixed Use. Caira added that MAPC is doing the economic analysis of the VC2 Mixed Use to see if it is economically feasible, and if it is, the City can add that to what the Commonwealth is reviewing, to provide an additional buffer, and if not, the submission can still move forward.
Some committee members were surprised to learn that VC2s were left out of the submission and they asked who made that decision. Ward 3 Councilor Pam Wright asked for clarification. Caira said the Planning staff included the whole ordinance, and the whole map and took out parcels over 30,000 sq. ft., non-contiguous parcels, and other things that would not meet compliance. They also did not include the VC2 Mixed Use because their calculations show they were over what was required. Caira also mentioned that the Planning Department received strong feedback from MAPC that the VC2 would not work.
Vice Chair and Ward 1 Councilor John Oliver expressed dismay that the Planning Department did not release the package to the Committee until the day of the meeting and did not provide a clear breakdown of what was included, what was not included, and why. He expressed concern about the lack of transparency and his desire that the Committee and the Council be informed.
Chair Baker summarized the Planning Department’s update: “…the Planning Department made a number of decisions that were designed to frame the issue for the Commonwealth in a way to help make us meet compliance and went through the motions to figure out what the Inclusionary Zoning Ordinance did to various parcels that were smaller than what was originally anticipated.” He said that what the committee is requesting is the kind of explanation that was given orally – a breakdown of the numbers. Caira said that the Planning Department would provide the economic feasibility analysis to the Council once they receive it, and she believes it will provide answers to many of the questions raised.
Chair Baker concluded stating that it is important for the Council to be updated on the opportunities for development and also to understand what one can build on the ground, what the Commonwealth believes one can build on the ground, and what the Commonwealth counts for compliance.
