Committee Report - Land Use - 5-3-16 — File 201413

Land Use Committee Page 1 of 4 Printed 5/9/2016 May 3, 2016 REPORT OF THE LAND USE COMMITTEE Attendee Name Title Status Arrived Lance L. Davis Chair Present Mark Niedergang Vice Chair Present William A. White Jr. Alderman At Large Present Matthew McLaughlin Ward One Alderman Present Maryann M. Heuston Ward Two Alderman Present Robert J. McWatters Ward Three Alderman Absent Tony Lafuente Ward Four Alderman Present Katjana Ballantyne Ward Seven Alderman Present John M. Connolly Alderman At Large Present Dennis M. Sullivan Alderman At Large Present Mary Jo Rossetti Alderman at Large Present Others present: George Proakis - OSPCD, Kelly Donato - OSPCD, Tim Snyder - Mayor’s Office, Charles Sillari - Clerk of Committees The meeting took place in the Aldermen’s Chamber and was called to order at 6:00 PM by Alderman Davis. Document List: • Federal Realty letter (with 200102) • Revised ordinance (with 200102) • AHOC position 5/2/16 (with 200102) Approval of the April 5, 2016 Minutes RESULT: ACCEPTED Approval of the April 12, 2016 Minutes RESULT: ACCEPTED

Land Use Committee Page 2 of 4 Printed 5/9/2016 198429: Requesting the adoption of a New Zoning Ordinance (updated) to supersede the current Zoning Ordinance as originally adopted on March 23, 1990. RESULT: KEPT IN COMMITTEE 200102: 11 registered voters proposing a Zoning Ordinance for Inclusionary Housing, with a petition from 511 citizens supporting an inclusionary zoning ordinance amendment and a revised application process. Motion by Ald. Niedergang to Amend the Citizens’ Petition with Zoning Ordinance as presented by George Proakis. Approved Mr. Proakis stated his prospective and challenge are 4 issues. He would like to hear there is a consensus at some point within the community. Ald. White queried the waiver provision for parking - Mr. Proakis explained how findings can be met for parking waivers - Ald White expressed concern about a “good cause” required for parking reductions - Mr. Proakis explained that the city is pushing for more underground parking. The boards are responsive to neighborhood concerns - Ald. White would like to look at 9.13 separately to get BOA input - Ald Heuston discussed the financial hardship aspect of the parking waiver. She also asked about the process of approving this item if a vote is not taken by next Tuesday o Mr. Proakis stated that if it does not happen by noon on 5/11/16 there will have to be a new public hearing, notice and report of planning board o Ald White opined that it would need to be re-advertised Mr. Proakis stated he is not certain how the proposed inclusionary zoning will impact the community. He used Brickbottom as an example and discussed the upcoming overhaul draft. He knows that the BOA wants to make sure it is done right. Ald. Connolly stressed the importance of this item being handled with care and asked when the overhaul draft would be complete. Mr. Proakis hopes to have a draft ready in June 2016 with hearings in Sept. 2016. Ald. Heuston asked what would be considered “going too far” with respect to inclusionary zoning. Mr. Proakis discussed how prices going down could impact development, open space goals and affordable housing goals.

Land Use Committee Page 3 of 4 Printed 5/9/2016 Ald. Heuston expressed the importance of anticipating a downturn in the market. She asked if acting on this now was an emergency. She also mentioned that there has been no big development coming through recently. Mostly 4 and 5 units. She stated that there was an absent member of the BOA that would like to be part of the process. Ald. Niedergang stated that this was introduced in December and there has been a lot of discussion. He feels a delay will cause it to lose momentum. He doesn’t want the numbers to stand as they do now because if that were the case, 90% of the city would be rich people. He wants a vote on this. Ald. Mclaughlin wants a vote. He doesn’t want to wait for the zoning overhaul. Ald. Connoly would like to wait for an update on the Green Line decision as it will impact the housing market. He also feels that the new high school, bonding and other issues should be considered before acting on this. Ald. White discussed a potential schedule for this and stated that budget season will impact it. Ald. White suggested a special BOA meeting and discharging this at the meeting on Monday. Ald. McLaughlin would like to read through the item line by line. The committee began going through line by line. Ald. Niedergand feels 9.13 is good for development. Ald. Heuston discussed 13.1(d) and how it impacts Somerville residents. She queried if the lottery is only for Somerville residents. Ald. White asked if there was a residential priority in the citizens’ petition. Kelly Donato explained the process. Preference is given to those who work or live in the city equally. Ald. Heuston spoke about federal laws which prohibit residential priorities. She wants a legal opinion. She has experienced difficulty helping Somerville residents obtain housing because of federal restrictions. Ald. White feels the appropriate place to debate the issues is in the Legislative Matters Committee. Motion by Ald. White to accept pages 1 and 2 through section 13.2 -Approved Ald. McLaughlin asked to sponsor Fred Berman to speak. Motion by Ald Nidergang to amend the amendment to delete the 2nd bullet point on page 3 (Roll call vote 8/2/1) Approved Ald. Heuston asked for clarification about definition of tiers. The Planning staff will present more info in future.

Land Use Committee Page 4 of 4 Printed 5/9/2016 Motion by Ald. White to accept proposed Amendments through page 6 taking into account Ald. Niedergang’s motion -Approved Ald. White would like to leave Tables 13.3.4A & 13.3.4.B open. Ald. Heuston would like a table delineating rental vs. purchase Mr. Proakis stated the biggest need is in the 3rd tier according to the needs assessment. Ald. Heuston requested the household income for other areas. Ald. White queried 13.3.5 13.4.2.A.3.2 was discussed by Mr. Proakis. Ald. White suggested language to be added as a savings. Motion by Ald. White to amend the proposed amendment by adding the language of a savings clause - Approved Motion by Ald. White to amend proposed amendment -Approved Motion by Ald. White to discharge and a special meeting to be called for Monday-Approved RESULT: DISCHARGED W/NO RECOMMENDATION 200995: Planning Board conveying its recommendations re: #200102, a proposed Zoning Ordinance for Inclusionary Housing. RESULT: PLACED ON FILE