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Zoning and Planning – 1/22/2024 Report

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

  • Appointment of Councilor Albright to the Newton Affordable Housing Trust Fund. The Committee voted 8-0.
  • CPC Recommendation to appropriate $125,000 in CPA funding to repair the copper roof over the West entrance of the Second Church in Newton and assorted stonework. According to the report, the total project cost is $260,600 of which $85,100 will come from the church. A Councilor raised concerns that more churches will seek CPC funding. CPA Program Manager Mollie Hutchings informed the committee that similar concerns were raised during the CPC discussion but they determined that repointing was not regular maintenance. Similarly, Senior Assistant City Solicitor Andrew Lee said that the Law Department had no concerns. The Committee voted 6-0-1, Councilor Oliver abstaining, Councilor Albright not voting),

The Zoning & Planning Committee voted to hold the following:

  • Discussion Regarding 40B Process Post ‘Safe Harbor’ Designation. According to the report, the Law Department will draft a memo to outline the updated 40B process and answer the following questions from the Councilors:
    • Can a project time a submission to be when we would briefly drop below the 10%?
    • What would happen if when we are below the 10% a project comes in that has more units than needed to reach the 10%?
    • Do 40B projects still go before the ZBA or will there be cases where they will go before the City Council?
    • How often does the City need to recalculate the SHI?
    • Does the process change for projects that are currently in the pipeline?
    • How much control does the ZBA have over a project now that safe harbor has been met?
    • Does the State need to certify that the City has met the safe harbor designation?
  • Update on Short-term rental ordinance compliance and enforcement. According to the report:
    • 31 addresses registered with the City and one renewed in 2024
    • Inspectional Services Department has received 15 complaints. 67% of the violators were brought into compliance.
    • 181 short-term rental registrations are listed with the State. ISD said State only requires one-time registration and entries may no longer be operating.
    • Fines are difficult to collect because they have to go through the court system.
    • ISD will come back to the Committee with potential amendments to encourage better compliance

The Committee voted to hold 8-0.

  • Request for discussion and possible ordinance amendments relative to aiding small businesses impacted by development. According to the report, the Economic Development Director and the Planning Department informed the Committee that they will be examining the results of the City of Somerville’s work with Harvard University in this area to see what proposed solutions could work within Newton. The Committee voted to hold 8-0.
  • Discussion and possible adoption of an ordinance requiring electrification of all new construction and substantial renovations. A Public Hearing was set for February 26, 2024.

According to the report, Ann Berwick, Co-Director of Sustainability, informed the Committee that the State Department of Energy Resources has approved Newton’s draft ordinance. To participate in the State’s Ten Communities Program, Newton must hold a public hearing and adopt the ordinance. This ordinance would require that all new construction and substantial renovation be all-electric. “Exceptions include hospitals, medical offices, lab space, free-standing outdoor cooking and heating, generators, portable hot water, and hot water in large commercial developments. A waiver provision is also included in the ordinance that allows the Inspectional Services Department to receive a certified statement from a building professional that complying with this ordinance would be more than 50% greater the cost than complying with the building code.” If passed, the Committee agreed to set an effective date of Jan 1, 2025.

The Committee voted to hold 8-0.

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