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Zoning and Planning – 2/26/24 Report

The Zoning & Planning Committee voted to Approve (see Report and NewTV video):

  • Update Project Review Fees (7-0-1, Councilor Albright Abstaining). The Planning Department, City Clerk’s Office and Law Department requested ordinance amendments to update fees related to special permits, zoning changes, and site plan reviews because the current fees do not cover costs. Fees have not been increased in a decade. Site plan review for the Village Center Overlay Districts needs to be added to the fee schedule. In most other communities, fees are related to the size of the project. 

Councilors expressed concerns about increased fees decreasing development. The City did not believe this would be an issue and recommended revisiting fee rates every 5 years. Proposed fees increases include: Residential Special Permit and/or Site Plan approval  currently $350 plus $100 for each new unit to a max of $2,500 would become $1,000 plus $50 per 1,000 sq ft of floor area; Change of Zone Petitions currently $350 would become $1,000; Accessory Apartments Special Permits currently $250 would become $500.

  • Reappointment of Lei Reilly to the Zoning Board of Appeals (8-0)
  • Reappointment of Denise Chicoine to the Zoning Board of Appeals (8-0)

The Zoning & Planning Committee voted to Hold:

  • Adoption of an ordinance requiring electrification of all new construction and substantial renovations (7-1, Councilor Kalis opposed). Proposed effective date of January 2025 of an ordinance requiring all new construction and renovations exceeding 50% of the floor area must electrify heating and cooling systems, cooking, clothes-drying appliances, and hot water heaters. Exemptions by state statute include research laboratories, hospitals, and medical offices. Exemptions by Newton request include freestanding outdoor cooking (grills), freestanding outdoor heating, and emergency generators. Nine people spoke in favor, two opposed, and one recommended a waiver provision if the electric grid does not have adequate capacity. The state has reassured the City that the grid can handle electrification. The Committee Chair recommended discussion be continued at the next meeting to review proposed amendments.
  • Request for a pre-budget planning discussion (8-0) with the Planning Department, Inspectional Services Department, and CPA Program Manager to prepare for the Committee’s FY25 Budget Review of these Departments and Programs. The Planning Director explained how budget requests are initiated and goals and outcomes created through a bottom-up approach.

The Zoning & Planning Committee voted No Action Necessary:

  • Discussion Regarding 40B Process Post ‘Safe Harbor’ Designation (8-0). Councilors asked about what the Zoning Board of Appeals can do when ‘Safe Harbor’ is invoked, and what right to appeal the applicant has if a project is denied. ZBA has 15 days to invoke safe harbor status, similar to that of the Land Use Committee reviewing a special permit. When safe harbor is invoked, the ZBA can place restrictions on a project and can also deny a project. If the ZBA denies a project, the applicant has no right of appeal.
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