Thursday, September 1, 2022 at 6:30 PM

Agenda 5 items

1. 1.
   22-0825 Ordinance Recommended to be approved

   Proposing an amendment to the Zoning Ordinances, Section 3.1.6.d, Residence District, to permit the Backyard Cottage accessory building type by right.

   {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\qj\f0\fs24 Deputy Director of Planning, Dan Bartman, explained that many of the procedures required for a site plan approval really don\rquote t align with backyard cottages. As a result, the Design Commission found itself faced with conflicts during some of the review processes. Feedback was received by OSPCD staff and this change was proposed to allow backyard cottages to be built by right. With this change, neighborhood meetings would not be required for backyard cottages. Mr. Bartman stated that backyard cottages come with their own set of dimensional standards, e.g., setbacks. Building permits are required and green scores would still have to be met.\par Councilor Davis moved to approve the item\par \pard\cf1\f1\par }

   Roll call: 5 aye

   • Kristen StrezoAye
   • Matthew McLaughlinAye
   • Beatriz Gomez Mouakad Aye
   • Lance L. DavisAye
   • Ben Ewen-CampenAye

   • 📎 Backyard Cottage Permitting
2. 1. Proposing an amendment to the Zoning Ordinances, Section 3.1.6.d, Residence District, to permit the Backyard Cottage accessory building type by right.
3. 2.
   22-1110 Public Communication Recommended to be withdrawn

   Thomas J. Cooke requesting the adoption of an amendment to the Zoning Ordinance Map to change the zoning district of 14 White Street Place from NR to MR4.

   {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\qj\f0\fs24 This item was withdrawn by the petitioner.\par \pard\cf1\f1\par }

   • 📎 Zoning Map 14 White St Pl
4. 3.
   22-1031 Public Communication Recommended to be approved

   Vivaldo Meneses Sr. requesting the adoption of an amendment to the Zoning Ordinance Map to change the zoning district of 82-84 Prospect Street from MR5 to UR.

   {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\f0\fs24 This item involves two side by side properties, with common ownership, which were put into split zoning. A public hearing was held on this item on June 16, 2022.\par Chair Ewen-Campen moved for approval.\par \par \cf1\f1\par }

   Roll call: 5 aye

   • Kristen StrezoAye
   • Matthew McLaughlinAye
   • Beatriz Gomez Mouakad Aye
   • Lance L. DavisAye
   • Ben Ewen-CampenAye

   • 📎 Zoning Map 82-84 Prospect
5. 4.
   22-0654 Mayor's Request Recommended to be approved

   Requesting a text amendment to the Somerville Zoning Ordinance to repeal all references to a Certificate of Zoning Compliance and replace with a requirement for the Building Official to conduct a zoning compliance review and maintain a public record of such reviews for all development.

   {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\qj\f0\fs24 Deputy Director of Planning, Dan Bartman, said this is basically a clerical cleanup. The changes proposed still maintain what the certificate of Zoning Compliance does but removes references to it in the zoning ordinance to make the process less confusing.\par Currently, without this proposed change, the ordinance is only supposed to document that ISD had confirmed that the project was in compliance, i.e., that a compliance review was performed. The lack of clarity in the ordinance resulted in tying up staff and extending the process by several weeks. CitizenServe is now capable of handling the compliance portion of the ordinance, thereby speeding up the process. Prior to the pandemic, the Planning Dept worked on a manual system, however, since then, the process has been digitized and modernized. This proposed change takes away the confusion that exists currently.\par Councilor Davis noted that the language in Sec. 15.7; 1; A; ii doesn\rquote t actually say that the compliance review must be passed. Deputy Director Bartman explained that the language exists in the state building code and that Somerville\rquote s language is in addition to existing state law. He told the members that a certificate of compliance cannot be issues if a project is not in compliance. He went on to say that nothing in the operation will change other the users\rquote understanding of what is required. Compliance reviews originally performed by building inspectors; now however, this function is being carried out by OSPCD zoning review planners.\par Councilor Davis commented that he is a little nervous because zoning compliance issues do arise occasionally.\par Chair Ewen-Campen moved for approval.\par \par \pard\cf1\f1\par }

   Roll call: 5 aye

   • Kristen StrezoAye
   • Matthew McLaughlinAye
   • Beatriz Gomez Mouakad Aye
   • Lance L. DavisAye
   • Ben Ewen-CampenAye

   • 📎 Attachment-26127
6. 5.
   22-0929 Public Communication Recommended to be approved

   Three owners requesting the adoption of an amendment to the Zoning Ordinance Map to change the zoning district of 129R Highland Ave from UR to NR.

   {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\qj\f0\fs24 Chair Ewen-Campen noted that this parcel is land-locked and undevelopable. It shares a small part of another property (125 Highland Avenue) being considered for an affordable housing project. Deputy Director Bartman explained that there were questions about setbacks and how this could impact surrounding parcels, however, he doesn\rquote t foresee any detrimental effects to surrounding properties.\par Councilor Davis noted that the property at 125 Highland Avenue was designated as an historic district, so additions would have to be made in the back or side of the existing building.\par Chair Ewen-Campen said the relevant issue is setbacks for any future projects and since this amendment won\rquote t have an impact on the affordable housing project, he moved to approve.\par \par \pard\cf1\f1\par }

   Roll call: 4 aye · 1 absent

   • Kristen StrezoAye
   • Matthew McLaughlinAye
   • Beatriz Gomez Mouakad Absent
   • Lance L. DavisAye
   • Ben Ewen-CampenAye

   • 📎 Zoning Map 129R Highland Ave