PB to BOA Pervious Surface Amendment — File 192609

CITY OF SOMERVILLE, MASSACHUSETTS PLANNING BOARD JOSEPH A. CURTATONE MAYOR STAFF MEMBERS GEORGE PROAKIS, DIRECTOR OF PLANNING KEVIN PRIOR, CHAIRMAN LORI MASSA, SENIOR PLANNER MICHAEL A. CAPUANO, ESQ. ADAM DUCHESNEAU, PLANNER JOSEPH FAVALORO DAWN PEREIRA, ADMINISTRATIVE ASSISTANT JAMES KIRYLO ELIZABETH MORONEY February 16, 2012 The Honorable Board of Aldermen City Hall 93 Highland Avenue Somerville, MA 02143 Re: Proposed ordinance amending the Somerville Zoning Ordinance to add a definition of pervious area and amend the table of dimensional requirements and footnotes to require a pervious area on lots in certain zoning districts Dear Honorable Board of Aldermen: In keeping with its lawful responsibilities, the Planning Board submits to your Honorable Board its recommendation on an ordinance amending the Somerville Zoning Ordinance (SZO) to add a minimum pervious area requirement on lots in certain zoning districts. On December 15, 2011, at 6:00 p.m. the Planning Board and Land Use Committee of the Board of Aldermen jointly held a duly advertised public hearing in the Aldermanic Chambers in City Hall. The purpose of the hearing was to solicit public comments on the proposed amendments and to evaluate the amendments in the context of testimony received and the findings and analysis of the Planning Staff. The Planning Board kept the record open for public comment until December 30, 2011, and deliberated on the matter at their meetings on January 5, 2012 and January 19, 2012. At their meeting on January 19, 2012, following due consideration, the Planning Board voted (4-0, with Kevin Prior absent), to recommend APPROVAL of the proposed amendments as recommended by Planning Staff with the addition of footnote 25 to Section 8.6 and the removal of the following sentence from the definition, “Compacted gravel, artificial turf, and structures without green roofs shall not be considered as pervious area.” The

Pervious Surface Amendment Page 2 of 3 February 16, 2012 footnote would state the following, “Properties otherwise conforming to the SZO shall not be determined to be nonconforming based only upon violation of the provisions of 8.5.k that were in existence as of March 1, 2012. Such properties may maintain, upgrade, and/or renovate their existing nonconforming pervious coverage by-right”. FORMAT OF REPORTS These amendments were addressed in an initial staff report provided to your honorable board on November 17, 2011 (see Attachment I). In November of 2011, Planning Staff also submitted this initial staff report to the Planning Board. The report provided a background of existing conditions and shortcomings of the existing process. At the Planning Board meeting January 5, 2012, Planning Staff responded to questions that were raised at the joint public hearing on December 15, 2011. The remainder of this report from the Planning Board to the Board of Aldermen will focus on the discussion at the January 5 and 19 meetings of the Planning Board and its final recommendation. No written comments were submitted by the public before the Board of Aldermen’s closing of the written record on January 31, 2012. PLANNING BOARD DISCUSSION At the meetings on January 5 and January 19, 2012 the Planning Board discussed the following. One item was how artificial turf and gravel can be pervious. The City Engineering came to the meeting to discuss different forms of turf and suggested that pervious turf could be allowed. The Board could remove the sentence, “compacted gravel, artificial turf, and structures without green roofs shall not be considered as pervious area” because the first part of the definition about pervious surface would cover non-pervious surfaces. The Board also discussed the desire for nonconforming properties to be able to repave areas byright. Finally, the City Engineer explained that he reached out to paving companies several times but has not heard back. He explained that this ordinance is similar to requirements in other Cities. PLANNING BOARD RECOMMENDATION Following discussion, the Chair made a motion to approve the proposed amendments as amended with the changes described above. James Kirylo seconded the motion, which carried 4- 0, with Kevin Prior absent. Sincerely, Elizabeth Moroney Acting Chair

Pervious Surface Amendment Page 3 of 3 February 16, 2012 Attachments I – Planning Staff Report dated November 17, 2011 II- Pervious Surface Amendment

CITY OF SOMERVILLE ORDINANCE NO. _________ IN THE BOARD OF ALDERMEN: ______ AN ORDINANCE AMENDING THE SOMERVILLE ZONING ORDINANCE TO ADD A DEFINITION OF PERVIOUS AREA AND AMEND THE TABLE OF DIMENSIONAL REQUIREMENTS AND FOOTNOTES TO REQUIRE A MINIMUM PERVIOUS AREA ON LOTS IN CERTAIN ZONING DISTRICTS WHEREAS, impervious surfaces can contribute to runoff that overburdens drainage facilities; and, WHEREAS, the creation of additional impervious surfaces changes the nature of stormwater runoff and can create flooding on adjacent properties; and, WHEREAS, the addition of significant asphalt on existing lots creates a ‘heat island’ effect that raises air temperatures on hot days; and, WHEREAS, the addition of asphalt driveways and parking areas can be detrimental to character of Somerville’s neighborhoods; and, WHEREAS, it is necessary to ensure that lots in Somerville continue to provide open spaces for the benefit of the community; and, WHEREAS, it is desirous to promulgate regulations to oversee the impervious coverage of surfaces in Somerville to reduce potential adverse impacts; THEREFORE, be it adopted by the Board of Aldermen, in session assembled, that the below listed sections of the Somerville Zoning Ordinance are hereby amended as identified. 1. Article 2: Definitions are hereby added to as follows (additions are underlined): 2.1.122a Pervious Area: The area of a lot covered by surfaces or materials that allows for the movement or passage of water into soils below. Pervious areas include, but are not limited to, areas of a lot covered by soil/mulch, vegetative matter, permeable pavers, green roofs, or other materials that allow for the passage of water. Compacted gravel, artificial turf, and structures without green roofs shall not be considered as pervious area. 2. Article 8: Section 8.5, Table of Dimensional Requirements is hereby added to as follows (additions are underlined):   TABLE OF DIMENSIONAL REQUIREMENTS Districts RA RB RC - 1 -

- 2 - C. Maximum ground coverage (%) 50 50 70 D. Landscaped area, minimum percent of lot 25 25 25 K. Pervious Area, minimum percentage of lot(24) 35 35 30 3. Article 8: Section 8.6, Footnotes to the Dimensional Table is hereby added to as follows (additions are underlined): 24. A waiver to the Pervious Area requirement may be issued by a Special Permit by the SPGA, per Section 5.1 of the SZO if the proposed plan meets the findings of Section 5.1.4 and addresses adverse environmental impacts per Section 5.1.4.e.