The Zoning & Planning Committee approved the following (see the report and watch the meeting video):
- Appointment of Christopher Pitt as an alternate member of the Planning and Development Board, (8-0) term expiring February 1, 2027. The Committee noted his dedication to finding a balance between development and historic preservation.
- Discussion and amendments to Section 5.4.2 of the Zoning Code concerning retaining walls (4-1-3, Councilor Wright opposed, Councilors Krintzman, Kalis, and Oliver abstained) for Multi-Family/Commercial/Industrial/Civic Buildings, which now require site plan review for retaining walls over 4 feet and a special permit for those over 8 feet when used for surface parking. Two potential options were discussed, “with the first being that all retaining walls for surface parking over 4 feet would go through site plan review and the second is that all retaining walls for surface parking over 8 feet would need a special permit.” The Committee approved Councilor Danberg’s proposal that “all retaining walls for surface parking from 4 feet-8 feet be subject to site plan review and those above 8 feet would need a special permit. In all cases it would be required that the Ward Councilors are also notified.”
The Committee voted to hold the following:
- Amendments to the Accessory Dwelling Unit (ADU) Ordinance (8-0) A public hearing is set for February 26. The State is developing regulations for the Affordable Homes Act, which goes into effect on February 1. The Act would remove the owner occupancy requirement, front entry prohibition, remove 700-square-foot footprint limitation, align setbacks and height to single-family home regulations and allow up detached ADUs to 50% of gross floor area vs. habitable space. Councilors raised concerns about ADUs being used as short-term rentals. Historic carriage houses will be treated separately if found to be historically significant and not within a historic district. The Chair wanted to retain the owner occupancy requirement for all ADUs seeking a special permit and those units not covered under state law. Time will be set aside at the next ZAP meeting to discuss Councilor amendments to the ordinance. 0.6% of single and two family homes in Newton have an ADU. 74.4% of those are internal ADUs, and 25.6% are detached, mostly in carriage houses.
- Quarterly update on projects using the Village Center Overlay Districts (8-0) Councilors asked the Planning Department to send a list of properties that decided not to opt into the VCOD and to include these properties in future analysis. To date, three residential and two commercial parcels have opted into VCOD. (Rox Diner in Newton Highlands and restaurants in 749-759 Beacon Street have opted in to allow more seating without a parking waiver.) One unit has been created, and eight units are in the pipeline.
Present: Councilors Baker (Chair), Oliver, Albright, Wright, Krintzman, Getz, Danberg, and Kalis
Also Present: Councilors Malakie, Lipof, Lucas, and Greenberg
City Staff: Jennifer Caira, Deputy Director of Planning; Zachary LeMel, Chief of Long Range
Planning; Jennifer Wilson, Assistant City Solicitor; and Jaclyn Norton, Committee Clerk