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Zoning and Planning – 1/8/2024 Report

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

  • Discussion concerning ZAP Committee workplan for the new term. The discussion included the Planning & Development Board and incoming ZAP Committee members.

Docketed items that could be discussed before the upcoming budget season by subject area:

Current Zoning – potential items to ‘take up’: 

  • Reducing demolition of older homes
  • Revisions to the metrics of multi-residence districts
  • A study of the Manufacturing Zone, focused on work done on California Street and looking at Nonantum
  • Grade changes in new construction that result in buildings significantly taller than nearby homes 

MBTA Communities:

  • The City has submitted the ordinance for review to the Executive Office of Housing and Livable Communities (EOHLC). The City is still waiting for the complete compliance package, which includes an economic feasibility analysis from MAPC. 
  • Committee members were in favor of taking up an item in the attached memo regarding quarterly check-ins on the Village Center Overlay District (VCOD). The Planning Department is working with ISD to flag projects within the VCOD to ensure accurate reporting.
  • Two potential amendments to the zoning passed last term to satisfy compliance with the MBTA Communities Act. These amendments are to increase both usable open space requirements and MRT lot frontage. The committee asked the Law Department how the voting threshold of an amendment to the zoning ordinance is determined. ‘Andrew Lee, Senior Assistant City Solicitor, noted that this determination would be made once there is ordinance language of the amendment to review.’

Measurement and Reporting:

  • Councilors wanted a conversation on how data should be collected and made public. 
  • The Planning Dept was asked for an update on the process for 40B projects now that Safe Harbor has been enacted. Councilors requested that 40B project status information be publicly available.

Enforcement Work by Inspectional Services Department:

  • ISD enforcement is primarily driven by complaints and ISD staff needs to read each special permit to understand conditions requiring enforcement

Energy Conservation and Climate:

  • The mayor has docketed an item to require all new construction and substantial renovation to be all-electric (Ten Communities Program).
  • A Building Emissions Reduction and Disclosure Ordinance (BERDO) for large buildings has been docketed.

Community Preservation:

  • Councilor asked for more Community Preservation Act funding for housing and the current balance for CPA allocations. CPA currently allocating 35% towards housing. 

Response to State Legislation on Accessory Dwelling Units (ADU) 

  • The State is considering legislation that would remove ADU Newton’s owner-occupancy requirement and ease requirements for construction. The Committee is considering a ‘formal response’ to the proposed legislation.

Public Education on Zoning

  • Multiple councilors supported the development of a primer for the public on what zoning is.

Z&P Committee Process

  • The chair requested in-person attendance
  • Advance notice will be given for public hearings, along with information on the process and ‘legal constraints regarding amendments to the zoning ordinance.’

Parking Minimums

  • “Councilors Albright and Danberg in their memo had included an item on potentially extending the reduction of parking minimums to non-VCOD villages. Amy Dain, Member of the Planning & Development Board, recommended that the Committee also look at options for providing parking if no parking is provided on-site.”

The Committee voted to hold the item 8-0.

The following items were discussed with the workplan item above:

  • Update on Short-term rental ordinance compliance and enforcement with Inspectional Services Department. The Committee voted to hold 8-0.
  • Request for discussion and possible ordinance amendments relative to aiding small businesses impacted by development to help small commercial/retail/independent and locally owned businesses remain in Newton as development occurs. Similar to Sommerville’s Small Business Recovery Fund. The Committee voted to hold 8-0.
  • CPC Recommendation to spend $125,000 to repair the roof of the Second Church in Newton. The Committee voted to hold 8-0.
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