Zoning & Planning Committee - October 27, 2025

October 27, 2025
Watch Video View Transcript
AI Disclaimer: Summaries and transcripts above were created by various AI tools. By their nature, these tools will produce mistakes and inaccuraies. Links to the official meeting recordings are provided for verification. If you find an error, please report it to somervillecivicpulse at gmail dot com.

Podcast Summary

Subscribe to AI-generated podcasts:
RSS Spotify Apple Podcasts

Meeting Minutes: Zoning & Planning Committee - October 27, 2025

Governing Body: Zoning & Planning Committee, Newton, MA Meeting Date: October 27, 2025 Type of Meeting: Committee Meeting Attendees:

  • Councilors: Marc C. Laredo (Chair), Richard A. Lipof, Alison M. Leary, Leonard J. Gentile, David A. Kalis, Victoria L. Danberg, Bill Humphrey, David Micley, Andrea W. Kelley, Pamela Wright, John Oliver, Randy Block, Stephen Farrell, Alan Lobovits, Maria Scibelli Greenberg, Andreae Downs, Joshua Krintzman, Tarik J. Lucas, Susan Albright, Rena Getz, Martha Bixby, Julia Malakie, Rebecca Walker Grossman, R. Lisle Baker
  • City Staff/Guests: Andrew Lee (Associate City Solicitor), Drew Wilson (City Clerk), Molly Hutchings (Community Preservation Program Manager), Ann Houston (Chair, Housing Trust), Michael Lara (Executive Director, Housing Authority), Elizabeth Heilig (West Newton Cinema Foundation), Ray (Treasurer, West Newton Cinema Foundation)

Executive Summary

The Zoning & Planning Committee addressed several key items, including an update on short-term rental ordinance compliance, a discussion on revisions to the fee structure for estimated construction costs, and a recommendation for Community Preservation Act (CPA) funding for the West Newton Cinema Foundation. Significant discussion centered on proposed amendments to the Inclusionary Zoning Ordinance, particularly regarding the cash-in-lieu option for smaller developments and the elimination of contractual resident services for Extremely Low Income (ELI) units. The committee also received an update on the Municipal Affordable Housing Trust and discussed potential amendments related to aiding small businesses impacted by development.

23.24: Update on Short-Term Rental Ordinance Compliance and Enforcement

  • Current Status:
    • Approximately 200 Short-Term Rental (STR) properties are registered with the state in Newton.
    • Only 14 STRs are currently registered with the City of Newton.
    • Of the 14 city-registered STRs, 6 are in violation (e.g., exceeding allowed bedrooms, advertising issues).
    • 17 violations have recently been sent to STRs registered with the state but not with the city. A 35-day compliance period is in effect before tickets are issued.
    • 12 STRs have been "shut down" (ceased operation voluntarily after enforcement action).
  • Enforcement Challenges & Improvements:
    • Prior to May 2024 amendments, enforcement was difficult as operators could claim they were not the property owner.
    • Amendments made the owner responsible for violations and required the owner to be the operator, simplifying enforcement.
    • Registration numbers must now be posted, making it easier to identify non-compliant STRs.
    • Complaints from the public have been "very quiet."
  • Discussion Points:
    • Owner Occupancy: Councilor Albright raised concerns about verifying the 9-month owner occupancy requirement, noting it's difficult to check and presents a "loophole."
    • Multiple Properties: Some owners have multiple STRs, making it impossible for them to meet the owner-occupancy requirement for all.
    • Violation Records: Councilor Getz inquired about public access to violation records; they are not publicly accessible and require direct contact with ISD.
    • Fines: No fines have been collected yet as the 35-day compliance period for recent violations has not expired. Fines are $300 per day.
    • Home Rule Petition: A Home Rule Petition is being pursued to increase maximum fines to $2,000 and allow liens on properties for unpaid fines. This would require City Council and state approval, followed by ordinance amendments to specify which violations can be liened.
    • State vs. City Registration: Councilor Oliver noted the discrepancy between state and city registrations and questioned if the state monitors this.
    • Proactive Outreach: Councilor Laredo suggested proactive communication with all state-registered STRs in Newton to inform them of city registration requirements.
    • Identification Methods: ISD uses online ad monitoring (VRBO, Airbnb), AI tools for property identification, and cross-referencing with state registration data.
  • Outcome:
    • Motion: To hold the item and bring it back as a committee item after the first of the year, allowing for a supplemental memo from the Commissioner addressing questions raised.
    • Vote: All in favor (Aye).

268.25: Requesting Discussion and Possible Revisions to the Fee Structure for Initial Estimated Construction Costs

  • Background:
    • The item was initiated due to resident complaints about the accuracy of estimated construction costs for building permits.
    • Ordinance 17.7 states that estimated construction costs are computed by multiplying gross floor area by the average square foot cost from "Means Cost Data by Iris Means Company or similar recognized national survey data."
  • Current Practice (ISD):
    • ISD uses the International Code Council (ICC) data, which is updated twice a year (August and February).
    • Current average cost per square foot for one or two-family homes is $170.
    • This cost is applied to the "conditioned floor area" (heated/cooled space, including finished basements and attics).
    • If initial estimates are below $170/sq ft, they are "kicked back" for adjustment.
    • Final cost affidavits are required at project completion, certified under pains and penalties of perjury.
  • Discussion Points:
    • Accuracy for Newton: Councilor Albright questioned if $170/sq ft accurately reflects construction costs in Newton, given high property values.
    • Revenue: Mr. Yeo (Chief Operating Officer) stated that building permit revenue has been increasing, indicating the current system is effective in capturing value.
    • Inclusions/Exclusions: Councilor Danberg asked what the $170/sq ft includes/excludes. It includes foundation, roof, interior, plumbing, electrical, HVAC, gas. It excludes landscaping, fencing, retaining walls (under 4 ft), and drainage systems.
    • Comparison to Neighboring Communities: Councilors requested information on what neighboring communities (Needham, Wellesley, Brookline, Weston, Watertown) use for their cost index.
  • Outcome:
    • Motion: To take "No Action Necessary" (NAN) on the item, with a request for the Commissioner to provide supplemental information on neighboring communities' cost indices.
    • Vote: All in favor (Aye).

316.25: CPC Recommendation to Appropriate $1,997,000 in CPA Historic Resource Funding for West Newton Cinema Foundation

  • Project: Building Stabilization Project for the West Newton Cinema Foundation.
  • Funding Request: $1,997,000 from CPA funds (unrestricted prior year reserves or historic reserve account).
  • Project Scope (Phase A):
    • Roof replacement.
    • Electrical service upgrade.
    • Restoration of ECRA doors.
    • Insulation and water service upgrades.
    • Interior repairs for water damage.
  • Eligibility:
    • Eligible for CPA historic resource funds as it's within the West End National Register District.
    • Work falls under rehabilitation standards for the Secretary of Interior.
  • Financial Details:
    • The CPA request represents 50% of the project budget, requiring a 1:1 match from the Foundation.
    • CPA Fund Balance: Approximately $5.5 million in the historic reserve fund (after existing commitments).
    • Foundation Match: Elizabeth Heilig (West Newton Cinema Foundation) reported $2.5 million cash on hand, including a $500,000 donation for this project. The most urgent piece, the roof repair ($984,000), is fully funded by the Foundation's cash.
    • Phased Approach: This is Phase A of a larger, multi-phase project with an estimated total cost of $19 million. Future phases include elevator installation, electric heat pumps, solar, and upgraded accessible bathrooms.
  • Discussion Points:
    • Funding Source: Discussion on whether to use unrestricted prior year reserves or the historic reserve account.
    • Match Assurance: Concerns raised about the Foundation's ability to secure the full match for future phases. The Foundation confirmed a reimbursement model, requiring proof of payment.
    • Future CPA Asks: Councilors expressed concern about potential future CPA requests for the remaining $17 million of the $19 million project, emphasizing that this approval does not imply commitment to future funding.
    • Accessibility: While this phase prepares for future accessibility, it does not directly implement it.
    • Public Access/Community Use: Councilor Farrell inquired about increased public access and use by other non-profits. The Foundation highlighted existing collaborations and plans for a stage, art exhibition space, and continued community events.
    • Feasibility Study: Councilor Getz requested access to the full feasibility study report to understand the scope and cost of all planned phases.
  • Outcome:
    • Motion: To approve the CPC recommendation for $1,997,000 in CPA funding.
    • Vote: All in favor (Aye).

4.4.24: Requesting Reevaluation of Possible Amendments to the Inclusionary Zoning Ordinance

7.2.24: Requesting Updates on the Municipal Affordable Housing Trust

4.5.24: Discussion and Possible Amendment to Inclusionary Zoning Ordinance to Include Training

  • Context: These three items were discussed together due to their interconnectedness regarding affordable housing policy.
  • Department's Proposed Amendments (3 Key Changes):
    1. Cash-in-Lieu Threshold: Raise the buy-out allowance for on-site Inclusionary Zoning (IZ) units from 7-9 units to 7-19 units. This means projects with 7-19 units would have the option to provide a cash payment in lieu of on-site affordable units.
    2. ELI Unit Services: Eliminate the requirement for contractual resident services for Extremely Low Income (ELI) units in the ELI alternate compliance option.
    3. Senior Housing:
      • Remove "independent living" from the eligible categories for the senior housing IZ provision. Independent living units would be treated as any other market-rate unit for IZ calculation.
      • Simplify the calculation for other elder housing (assisted living, nursing) to 0.5 (half) of the standard IZ unit requirement.
  • Discussion on Cash-in-Lieu (7-19 units):
    • Housing Trust Perspective (Ann Houston):
      • The Trust has funded 3 projects, averaging $90,000 per affordable unit in city investment.
      • A cash-in-lieu payment from a 19-unit project could leverage funds for approximately 20 affordable units elsewhere, compared to 1 on-site unit.
      • For smaller projects, on-site units are inefficient to monitor and develop, and developers often lack experience with affordable housing compliance.
      • Local investment is crucial to leverage state and federal funds.
    • Housing Authority Perspective (Michael Lara):
      • State and federal funding for new affordable housing development is currently on hold or uncertain.
      • Cash payments are vital for architectural, engineering, and design costs for redevelopment projects (e.g., three existing public housing sites).
      • There is a unique opportunity with increased Low-Income Housing Tax Credits (LIHTC) volume cap, but significant upfront capital is needed to access these.
    • Council Discussion:
      • Historical Preference: Councilor Albright and Laredo noted a historical council preference for on-site, integrated IZ units.
      • More Units vs. On-Site: Councilors debated whether maximizing the number of affordable units (via cash-in-lieu) or ensuring on-site integration was the priority for smaller projects.
      • Legal Constraint: Associate City Solicitor Andrew Lee reiterated that any ordinance requiring a payment must also offer the option of providing an on-site unit to avoid being an "illegal tax."
      • Impact on Development: The department suggested that the current threshold (7-9 units) discourages projects in that range, and a higher threshold might encourage more small-to-mid-size development.
      • Condos vs. Rentals: Councilor Wright suggested differentiating between condos and rentals, keeping on-site requirements for condos to allow homeownership opportunities.
  • Discussion on ELI Unit Services:
    • The requirement for contractual resident services for ELI units is rarely used due to high costs and complexity for developers.
    • Recommendation: Eliminate this requirement to incentivize ELI unit creation.
    • Council Consensus: General agreement to remove this requirement.
  • Discussion on Senior Housing:
    • Recommendation:
      • Remove "independent living" from the special senior housing IZ category; these units would be treated as regular market-rate units for IZ purposes.
      • Simplify the calculation for other elder housing (assisted living, nursing) to 0.5 of the standard IZ unit requirement, recognizing they are often "beds" rather than full units.
    • Council Consensus: General agreement with these changes.
  • Effective Date: January 1, 2026, was recommended as the effective date for the amendments.
  • Future Review: Councilors suggested a review period shorter than the standard five years (e.g., three years) to assess the impact of these changes.
  • Outcome:
    • Straw Poll (Cash-in-Lieu for 7-19 units): 5 Councilors in favor of the department's recommendation.
    • Motion (All 3 Amendments as a Package): To approve all three proposed amendments to the Inclusionary Zoning Ordinance.
    • Vote: 5 in favor, 1 opposed, 2 abstentions. (Motion carries)

7.2.24: Update on the Municipal Affordable Housing Trust

  • Presenter: Ann Houston, Chair of the Housing Trust.
  • Activities:
    • The Trust has funded three projects in its 3+ years of existence, averaging one per year.
    • Focuses on projects with sufficient scale to leverage other public funds.
    • Successfully leveraged state funding for the Navigation Center (family aid).
    • Preserved 112 units of naturally occurring affordable housing at Newton Gardens (North Street), with 30 deeply affordable and the rest at 110% AMI.
    • The Trust recently received $2 million in CPA funds (approved last month).
    • Revised its application process to ensure careful stewardship of city funds.
  • Future: The Trust has more requests than available funds and is actively working with staff and developers to encourage appropriate affordable housing.
  • Housing Report: A comprehensive report on housing in Newton, a collaborative effort by city commissions, is nearing completion and will be shared soon.
  • Outcome:
    • Motion: To hold the item (7.2.24).
    • Vote: All in favor (Aye).

4.5.24: Discussion and Possible Amendment to Inclusionary Zoning to Include Training

  • Outcome:
    • Motion: To take "No Action Necessary" (NAN) on the item.
    • Vote: All in favor (Aye).

24.24: Discussion of Amendments Relating to Aiding Small Business Impacted by Development

  • Background: This item addresses concerns about small businesses displaced by development, particularly regarding compensation and relocation assistance.
  • Discussion:
    • The question of funding for such aid was raised.
    • Federal funds (e.g., for MBTA Communities Act areas, 100% affordable properties) often include relocation/displacement plans and compensation for businesses when existing properties are acquired. This is typically paid by the developer as part of the development budget.
  • Outcome:
    • Motion: To take "No Action Necessary" (NAN) on the item.
    • Vote: All in favor (Aye).

Last updated: Dec 6, 2025

Back to Meetings