The Zoning & Planning Committee approved the following (read the report and watch the meeting video):
- Reappointment of Members to the Newton Affordable Housing Trust and Zoning Board of Appeals (8-0)
- Ann Houston was reappointed to the Newton Affordable Housing Trust,
- Peter Sargent was reappointed to the same trust, and
- Jennifer Pucci was reappointed to the Zoning Board of Appeals
The Zoning & Planning Committee held the following:
- Amendments to Accessory Dwelling Unit (ADU) Ordinance Required by State Law (8-0) The Committee considered retaining the language from the existing ordinance to limit the state amendments to only those that are required. “The first amendment would be to maintain the owner-occupancy requirement for special-permit ADUs. Ms. Caira noted that this amendment is not needed, as the City Council can tailor conditions as necessary and that there is no evidence of demand for two-unit rental properties. Committee members were evenly divided about whether to have this be a requirement for all special-permit ADUs. During the discussion, it was raised that the owner-occupancy requirement could be considered as a condition by the City Council when granting a special permit. Committee members voted 5-3 (Councilors Albright, Danberg, and Krintzman Opposed) on a straw vote to include language that owner occupancy can be considered as a condition.” Several proposed amendments were discussed, and all amendments and discussions were held:
- to work around the design standard eliminated by the state,
- for special height and set-back requirements in historic districts,
- to allow 1,200 sf by-right internal ADUs in homes more than four years old,
- to change the by-right detached ADU allowance from 1,200 sf to 1,500 sf,
- to include historic carriage houses inside of historic district (with the Newton Historical Commission’s approval) and
- removing the 15-ft separation requirement between homes and carriage houses.
- Possible amendments to Chapter 30 Zoning to allow certain routine residential alterations by right (8-0)
- “Front Setbacks: The current zoning allows for a total of 75 sf additions within a nonconforming front setback. Ms. Caira described that this currently does not account for properties with multiple front setbacks such as corner lots and through lots. The proposal would allow a 75 sf addition within a nonconforming front setback per frontage. A Councilor asked what the review process was for these. Currently, the application is reviewed by ISD in coordination with the chief zoning official. These projects still need to apply for building permits and are subjected to that review as well. Councilors expressed concern about potentially disrupting sightlines for those driving. There was also a request for more research into whether these projects going before the Land Use Committee led to any changes in the project.
- Side and Rear Setbacks: Under the current zoning a 200sf first floor and 400sf 2nd floor additions are allowed if you have nonconforming side and rear setbacks. The distance between the addition and the not requiring that provision for 2nd floor additions.
- Two-Family Dwellings: The proposed amendment would allow up to 200 sf additions in nonconforming two-family dwellings in single residence districts. This is currently allowed for one-family dwellings in single residence districts. Committee members expressed support for the proposed amendment.
- FAR: Currently, under the zoning the de minimis provision an increase in FAR is not allowed. The proposal is to allow for a 0.02 increase in nonconforming FAR. This would bring benefits for small lots with limited FAR and allow for enclosing existing porches. In response to the Increasing Dormer Allowance: The proposal would increase the dormer allowance above 50% of the roofline and/ or reduce the 3 ft offset from the edge of the building. Ms. Caira outlined the other aspects of the zoning that control the size of dormers. Committee members expressed caution proceeding with this amendment due to the recent amendments relating to dormers passed in Fall 2024.
- Landings: Currently the minimum size landing under the building code (3 ft x 4 ft) is allowed within the setback, and this cannot be covered. Ms. Caira stated that if advanced staff would need to do work to determine an appropriate size and allowing covered landings. In response to concerns from a Councilor she added that this would be in limited circumstances. Councilors expressed support with moving this amendment forward.
- Parking in Front Setback: This request routinely comes before the Land Use Committee when there is no garage or a very small garage. The current zoning allows single-family homes to have one stall in the front setback. The stalls must still meet all dimensional requirements for parking stalls. Lots that are narrow or with a steep topography typically have difficulty parking in the rear or side of the house. Ms. Caira recommended that some constraints be put in place if the Committee decides to proceed with having language drafted. Committee members expressed interest in limiting this to certain lots but decided to postpone further work on this.”
Present: Councilors Baker (Chair), Oliver, Albright, Wright, Krintzman, Getz, Danberg, and Kalis
Also Present: Councilors Lobovits, Lucas, Kelley, Block, Leary, Malakie, Greenberg, and Lipof
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