HomeMy Public PortalAbout10-14-2014 addendum_201410201233097238 Watertown Town Council
F Administration Building
149 Main Street
<W1 Watertown, MA 02472
Phone:617-972-6470
ELECTED OFFICIALS:
Mark S.Sideris, TOWN COUNCIL MEETING _
Council President oo
TUESDAY, OCTOBER 14, 2014 @ 7:15 PM
Stephen P.Corbett, RICHARD E. MASTRANGELO COUNCIL CHAMBAR Mnrn
Vice President A n
ADMINISTRATION BUILDING r C)rnrn
Aaron Dushku, *gym,
Councilor At Large AGENDA 2 Np:
Susan G.Falkoff, -10 yo
Councilor At Large 1. ROLL CALL w (A
Anthony Palomba, 2. PLEDGE OF ALLEGIANCE N m
Councilor At Large 3. EXAMINATION OF MINUTES: September 23rd.
4. PUBLIC FORUM
Angeline B.Kounelis,
District A Councilor
Cecilia Lank, 5. PRESIDENT'S REPORT:
District B Councilor
a) An update on the Victory Field Phase II Project Process.
Vincent J.Piccirilli,Jr.,
District C Councilor 6. PUBLIC HEARING AND VOTE:
Kenneth M.Woodland, a) Public hearing and vote on an amendment to section 5.07 of the Watertown zoning.
District D councilor ordinances regarding Affordable Housing Requirements.
7. COMMITTEE REPORTS:
a) Committee on Public Works report and attachment regarding Stornnvater regulations;
recycling advisory goals/priorities; Stanley Avenue easements; and Town-wide water meters—
Cecilia Leak, Chair.
b) Joint Committees on Rules Ordinances; Public Safety&Economic Development report;
Legislation; Dotential list/locations regarding additional liquor licenses.
8. NEW BUSINESS
9. COMMUNICATIONS FROM THE TOWN MANAGER:
a) Request for Confirmation of an appointment and reappointments to the Board of
Assessors.
10. REQUESTS FOR INFORMATION
It. ANNOUNCEMENTS
12. PUBLIC FORUM
13. ADJOURNMENT
TOWN COUNCIL ROLL CALL ATTENDANCE
MEETING DATE: October 14,2014
PRESENT ABSENT
STEVE CORBETT
AARON DUSHKU I/
SUSAN FALKOFF
ANGIE KOUNELIS "
CECILIA LENK
ANTHONY PALOMBA
VINCENT PICCIRILLI /
KENNETH WOODLAND
MARK SIDERIS
Y COUNCIL PRESIDENT
TOWN COUNCIL ROLL CALL VOTE-.fin-1 q f rc9 i n(3 -(� V(�
Ign v V'-,Y �^S
MEETING DATE: October 14,2014.
YES NO, / PRESENT
STEVE CORBETT V
AARON DUSHKU
SUSAN FALKOFF
ANGIE KOUNELIS
CECLIA LENK
ANTHONYPALOMBA
VINCENT PICCIRILLI
KENNETH WOODLAND
MARK SIDERIS V
COUNCIL PRESIDENT
LQ_
TOWN COUNCIL ROLL CALL VOTE
MEETING DATE: October 14,2014. 1 o� lit% 1%
YES NO
NO PRESENT
STEVE CORBETT
AARON DUSHKU V
SUSAN FALKOFF V
ANGIE KOUNELIS
CECLIA LENK
ANTHONY PALOMBA V
VINCENT PICCIRILLI V
V
KENNETH WOODLAND 1 /
MARK SIDERIS
V
COUNCIL PRESIDENT
TOWN COUNCIL ROLL CALL VOTE/ vc)6
MEETING DATE: October 14,2014. Ova ) /�0�vl ko� C,,-1 (I6S
YES NO PRESENT
STEVE CORBETT
AARON DUSHKU
SUSAN FALKOFF f/
ANGIE KOUNELIS V
CECLIA LENK L/
ANTHONYPALOMBA V
VINCENT PICCIRILLI V
KENNETH WOODLAND l/
MARK SIDERIS y
COUNCIL PRESIDENT
Watertown Town Council
Administration Building
149 Main Street
Watertown, MA 02472
Phone: 617-972-6470
ORDINANCE# 9
ELECTED OFFICIALS:
AN ORDINANCE AMENDING THE TOWN'S ZONING ORDINANCE IN
Mark REGARD TO AFFORDABLE HOUSING REQUIREMENTS
President
Councilit Presidea nt Stephen P.Corbett, Whereas, the Federal government passed an Act in 1968 making it illegal
Vice President
to discriminate in housing on the basis of race, sex, national origin, religion, or
Aaron Dushku,
Councilor At Large ethnicity, and in 1988 making it illegal to discriminate in housing on the basis of
Susan G.Falkoff, families with children or people with mental or physical illness;
Councilor Al Large
Anthony Palomba, Whereas, the General Court of Massachusetts passed Chapter 774 of the
Councilor Al Large Acts of 1969, the Anti-Snob Zoning Act, which established a process by which the
Angeline B.Kounelis, State could override the refusal of a City or Town to permit the construction of low
District Councilor or moderate income housing; and
Cecilia Lank,
District B Councilor Whereas, Watertown has had inclusionary/affordable housing provisions in
Vincent J.Piccirilli,Jr., its Zoning Ordinance since June 1989; and
District C Councilor
Kenneth M.Woodland Whereas, Watertown's inclusionary housing provision has been at ten
District D Councilor percent since it was first adopted in 1989; and
Whereas, Watertown's January 2014 Housing Production Plan has as Goal
92.5 "amend the inclusionary zoning requirements" to raise the threshold for the
set-aside from 10%to 12.5%; and
Whereas, on May 20, 2014 the Watertown Housing Partnership conducted
a public meeting on these amendments and voted 5-0 to recommend that the
Planning Board hold.a hearing on the proposed amendments; and
Whereas, on September 8, 2014 the Watertown Planning Board conducted
a duly advertised public hearing on these amendments in accordance with the
requirements of G.L. c. 40A, sec 5; and
Whereas, the Planning Board submitted its report and recommendation to
the Town Council with respect to such proposed amendments to the Zoning
Ordinance; and
Whereas, on October 14, 2014 the Town Council conducted a duly
advertised public hearing with respect to such proposed amendments to the Zoning
Ordinance.
NOW THEREFORE BE IT ORDAINED by the Town Council of the City
Known as the Town of Watertown that Chapter XII of the Watertown Code of
Ordinances,Zoning Ordinance, Section 5.07, Affordable Housing Requirements, is
hereby amended by deleting the struck-through language and inserting the bolded and
underlined language as follows:
SECTION 5.07 AFFORDABLE HOUSING REQUIREMENTS
(a) Intent and Puruose
The purposes of this Section are to encourage the expansion and
improvement of the Town of Watertown's housing stock; to provide for
housing choices for households of all incomes, ages, and sizes; to prevent
the displacement of low- and moderate-income residents; to produce
affordable housing units in order to meet existing and anticipated
employment needs within the Town; to provide opportunities for
conventional residential and mixed-use development to contribute to
increasing the supply of affordable housing; and to establish standards and
guidelines in order to implement the foregoing.
(b) Definitions
1. AFFORDABLE HOUSING PROGRAM
Collectively, Section 5.07 and other provisions of the Watertown Zoning
Ordinance that pertain to the development and preservation of affordable
housing in the Town of Watertown.
2. AFFORDABLE HOUSING RESTRICTION
A deed restriction, contract, mortgage agreement, or other legal
instrument, acceptable in form and substance to the Town of Watertown,
that effectively restricts occupancy of an affordable housing unit to
qualified purchaser or qualified renter, and which provides for
administration, monitoring and enforcement of the restriction during the
term of affordability. An affordable housing restriction shall rum with the
land in perpetuity or for the maximum period of time allowed by law, and
be enforceable under the provisions of Chapter 184, Sections 26 or 31-32
of the General Laws.
3. AFFORDABLE HOUSING FUND
A find account established by the Town for the purpose of creating or
preserving affordable housing in the Town of Watertown.
4. AFFORDABLE HOUSING UNIT
A dwelling unit that is affordable to and occupied by a low- or moderate-
income household and meets the requirements of the Massachusetts
Department of Housing and Community Development, Local Initiative
Program, for inclusion on the Chapter 40B Subsidized Housing Inventory.
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5. AREA MEDIAN INCOME
The median family income for the metropolitan area that includes the
Town of Watertown, as defined in the annual schedule of low- and
moderate-income limits published by the U.S. Department of Housing and
Urban Development, adjusted for household size.
6. COVERED DEVELOPMENT
Any development required to provide affordable housing in accordance
with Section 5.07.
7. ELIGIBLE HOUSEHOLD
A low- or moderate-income household that purchases or rents an
affordable housing unit as its sole residence.
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8. INCLUSION UNIT
An affordable housing unit built on the same site as the market-rate units
in a covered development under Section 5.07.
9. LOCAL INITIATIVE PROGRAM
A program administered by the Massachusetts Department of Housing and
Community Development (DHCD) pursuant to 760 CMR 45.00 to
develop and implement local housing initiatives that produce low- and
moderate-income housing, with or without a comprehensive permit as
defined in Chapter 40B, Section 20 through Section 23 of the General
Laws.
10. LOW- OR MODERATE-INCOME HOUSEHOLD
A household with income at or below 80% of area median income,
adjusted for household size, for the metropolitan area that includes the
Town of Watertown, as determined annually by the United States
Department of Housing and Urban Development(HUD).
11. MARKET-RATE DWELLING UNIT
All dwelling units in a development subject to this Section 5.07 that are
not affordable housing units as defined herein.
12. MAXIMUM AFFORDABLE PURCHASE PRICE OR RENT
A purchase price or monthly rent that complies with the regulations and
guidelines of the DHCD Local Initiative Program and the Watertown
Planning Board, except that developments subject to Section 5.070)(3)
shall comply with the maximum purchase price or rent requirements of
that section. For homeownership units, the maximum affordable purchase
price shall account for the monthly cost of a mortgage payment, property
taxes, insurance, and condominium fees where applicable; and for rental
units, the maximum affordable rent shall account for the monthly cost of
rent and utilities. The household income used to compute the maximum
affordable purchase price or rent shall be adjusted for household size,
considering the household size for which a proposed affordable unit would
be suitable under guidelines of the Local Initiative Program or any
successor affordable housing program established by the state.
13. SMALL-SCALE INCLUSION DEVELOPMENT
A covered development that provides 6 or more up to 10 dwelling units.
14. SUBSIDIZED HOUSING INVENTORY
The Department of Housing and Community Development Chapter 40B
Subsidized Housing Inventory as provided in 760 CMR 31.04.
(c) Aonlicability
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(1) Section 5.07 applies to any development, whether new
construction, conversion, adaptive reuse or expansion of an existing
structure, involving the creation of more than five dwelling units or more
than five (5) lots for residential use, and to any mixed iise dei,e opment
involving the ..,.ea4io of more than fifteen (15) dwell:... units Assisted
living, outside of the Assisted Living Overlay Zone, Section 5.11, shall be
considered institutional and shall be exempt from Section 5.07.
Developments may not be segmented to avoid compliance with this
Section. "Segmentation" shall mean any development, whether new
construction, adaptive reuse or redevelopment, or any division of land that
would cumulatively result in an increase by five or more residential lots or
dwelling units above the number existing on a parcel of land or contiguous
parcels in conunon ownership twenty-four months prior to the application.
Where such segmentation occurs, it shall be subject to this Section as a
covered development. A subdivision or division of land shall mean any
subdivision as defined in the Subdivision Control Law, G.L. e.41, Sections
81K-81GG, or any division of land under G.L. c.41, Section 81P, into lots
for residential use.
(2) This Section does not apply to the rehabilitation of any building or
structure; all of or substantially all of which is destroyed or damaged by
fire or other casualty or a natural disaster; provided, however, no
rehabilitation nor repair shall increase the density, bulk or size of any such
building or structure which previously existed prior to the damage or
destruction thereof except in conformance with this Section.
(d) Basic Remiirements
(1) Projects having more than five (5) units: No special permit for a
development requiring a special permit and no building permit for a use
permitted as of right, shall be issued for a development subject to this
section unless the Petitioner provides at least ten ereent (101%) twelve
and one-half nercent (12.5%) of the total dwelling units in the
development as affordable housing as described herein and otherwise
consistent with this Section.
(2) Nothing in this Section shall preclude a developer from providing
more affordable units than the minimum requirements. In no instance
shall any permit or special permit approval create less than one affordable
housing unit, and for purposes of this Section, any calculation of required
affordable housing units that results in the fractional or decimal equivalent
of one-half or above shall be increased to the next highest whole number.
(3) Affordable units shall be made available to eligible low- or
moderate-income households at purchase prices or rents that comply with
the Massachusetts Department of Housing and Community Development
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(DHCD) Local Initiative Program regulations, 760 CMR 45.00, or any
successor program as may be determined by the Special Permit Granting
Authority (SPGA) in consultation with the Watertown Housing
Partnership (WHP).
(e) Methods of Providine Affordable Units
(1) A covered development with more than five (5) and up to ten (10)
units, shall have the option of providing an affordable unit on site or
making a cash payment. A covered development with more than ten (10)
units shall provide the affordable units on site. However, approval for
cash payment in lieu of on-site affordable units may be granted by the
SPGA in certain exceptional circumstances. The SPGA must find that the
developer has clearly demonstrated that providing such unit(s) on-site
would create significant hardship and that a cash payment in lieu of on-site
unit(s) is in the best interest of the Town.
Any request for alternative means of compliance shall be reviewed by the
Watertown, Nr:nerskip—WHP, which shall then make its
recommendation to the SPGA.
(2) The SPGA shall authorize that an alternative method of compliance
be used, in accordance with the following:
(A) Cash Payment: The SPGA may grant a special permit to
provide affordable housing through a cash payment to the
Watertown Affordable Housing Fund, in lieu of providing one or
more of the affordable units required under this Section; provided,
however, that a fee in lieu of affordable units may be authorized
only for a covered developments with more than five (5) and up to
ten (10) units of for rental, for-sale or homeownership units. The
cash payment shall be equal to the difference between the fair
market value for a typical market-rate housing unit and the price of
the affordable housing unit consistent with DHCD LIP Guidelines
and shall be in accordance with a schedule of affordable housing
payments as outlined in Section 5.07—, -hffi(6) and guidelines
adopted and amended from time to time by the SPGA, following a
public hearing, in consultation with the Watertown Housing
Partnership WHP and the Watertown Department of Community
Development and Planning.
(f) Location and Comparability of Affordable Units
(1) Affordable units shall be proportionately distributed throughout the
building(s) in a covered development.
(2) Affordable units shall be indistinguishable fi•onr market-rate units in
exterior building materials and finishes; overall construction quality; and
energy efficiency, including mechanical equipment and plumbing,
6
insulation, windows, and heating and cooling systems, as determined by the
Building Inspector
(3) Affordable units may differ from market-rate units in type of
appliances, finishes; however, the affordable units shall be comparable to
the base market-rate units in such instances.
(4) Affordable units shall have the same gress floor area as the average
median market-rate units of the same number of bedrooms within a
margin of 20%;provided,a one bedroom affordable unit shall he not lee
than 800 s e siet a two hedree.., not less than 1,000 s e feet, ,and ..
three hod..,.om not less than 1350 square f et that units are not less than
the minimum square foot required by DHCD. if the 201K rfmcbiti resxlts
in a highe..gross floor area, e than th�,q i/mu i ncted above,the
higher sqtiare footage shall hei!equired. The bedroom mix in the affordable
units shall be proportionate to the market-rate units,unless the SPCA
authorizes a different mix by special permit upon the recommendation of
the WHP. Dwelling units expeeding 2,000squar F et arsll be ►Kumpt fren}
the eale..l..tiens :n det,,.... ffdn,.* "#rf4i-abl"OCP .,Fd...elnng n..a.. m4thin
the project.
(5) The SPGA may adopt regulations or guidelines to further define
comparability of the foregoing requirements.
(6) The Wateria-ras lhrn�S MrInership WHP shall provide the
Appliea Petitioner and SPGA as provided in 5.070) with its
recommendations with reference to the Petitioner's proposal in meeting the
requirements for affordable housing.
(g) Affirmative Marketing and Local Preference Policy
Affordable units shall be made available for purchase or rent to eligible
low- or moderate-income households under an affirmative marketing plan
that complies with federal and state fair housing laws, and fair housing and
local preference guidelines established by the Watertown Housing
Partnership. No building permit for a covered development shall be issued
unless the Department of Community Development and Planning (DCDP)
has determined that the Petitioner's affirmative marketing plan complies
with this requirement. The affirmative marketing costs for the affordable
housing units shall be the responsibility of the pPetitioner.
(h) Preservation of Affordability
(1) Affordable units provided under this Section shall be subject to an
Affordable Housing Restriction that contains limitations on use, occupancy,
resale and rents, and provides for periodic monitoring to verify compliance
with and enforce said restriction. Affordability restrictions shall be
contained in applicable affordable housing restrictions, regulatory
7
agreements, deed covenants, contractual agreements, land trust
arrangements and/or other mechanisms to ensure compliance with the
affordability requirements of this Section 5.07 (collectively, "Affordable
Housing Restriction").
(2) The Affordable Housing Restriction shall run with the land and be
in force in perpetuity or for the maximum period allowed by law, and be
enforceable under the provisions of Chapter 184, Section 26 or Sections 31-
32 of the General Laws.
(3) The Affordable Housing Restriction shall provide that initial sales
and rental of affordable housing units and their subsequent re-sales and re-
rentals shall comply with federal, state and local fair housing laws,
regulations and policies.
(4) The Affordable Housing Restriction shall provide that in the event
that any affordable rental unit is converted to a condominium unit,the
condominium unit shall be restricted in perpetuity in the manner provided
for by Section (h)(1) above to ensure that it remains affordable to
households in the same income range as prior to the condominium
conversion.
(5) For a covered development that provides Inclusion Units:
(A) No building permit shall be issued until an Affordable Housing
Restriction has been executed by the Petitioner and the SPGA and
the Petitioner provides evidence acceptable to the Director of
C,..,,.,,unity Development and nl,.. nin DCDP that the agreement
has been recorded at the Middlesex County Registry of Deeds.
(B) For a rental, for-sale or homeownership unit, the Department of
Community Development and Plarmin DCDP shall not sign off an
authorize or sien off on a Certificate of Occupancy until the
appliearr�Petitioner submits documentation acceptable to the
Director of Community Ujvcbpirr--nt and larmirg DCDP that an
affordable housing deed rider has been signed by affordable unit
homebuyer and recorded at the Middlesex County Registry of
Deeds.
(6) For a covered development that provides affordable housing through
a cash payment in lieu of affordable units:
(A) For a covered development having 10 units or less that provides
affordable housing through a cash payment in lieu of affordable
units; the following reduced percentage (%) of the difference
between fair-market value and affordable housing unit as described
8
in Section e. 2. A. shall apply: 10 units — 100%; 9 units- 90%; 8
units—80%; 7 units-70% and 6 mots—60%.
(B) The Department of Community Deye1..pmet,t and Planning
(DCD&P)shall not sign off on Certificate(s) of Occupancy for Unit
6 until the applicant Petitioner pays 50% of the required fee; or
payment in full if it is a 6-unit covered development. Before a
certificate of occupancy can be issued for Units 7-10, the applieanE
Petitioner must pay the remaining 50% or payment in full for
covered developments having 7, 8, and 9 units and provide evidence
to the Director of DCDP that the cash payment has been paid in frill
to the Affordable Housing Fund. For projects above 10 units, the
remaining fee must be paid prior to the issuance of the Certificates
of Occupancy for unit 11 and above.
(7) All legal documentation in connection with the affordable housing
units shall be in the standard form provided by the Town of Watertown, as
approved by legal counsel to the Town. If the Petitioner proposes to use
documentation other than that provided by the Town, any and all costs
associated with review by legal counsel to the Town shall be paid by the
Petitioner.
(h) Submission Requirements and Procedures
Projects requiring the provision of affordable units under this Section must
submit a proposal as to the method of meeting the affordable housing
requirements with the application for zoning relief and a copy to the
Watef4r/rrn IIauffing P�.rtrersla,,—WHP. The AAWertayrf. Hav, irz,-
P-aBxiership WHP shall, in writing, provide the appkeant-Petitioner with
their recommendations no later than forty (40) days from submission. The
SPGA may adopt additional submission requirements and procedures not
inconsistent with this Section, following a public hearing and consultation
with the Watertown Housing n,...tnership WHP.
(j) Special Resulations for Inclusion Units
(1) Use Resulations. Developments with Inclusion Units shall comply
with Section 5.01, Table of Use Regulations; provided, however, that a
covered development with not more than ten (10) multi-family units shall be
a permitted use when at least 440A 12.5% of the units are Inclusion Units as
defined hereunder, in which case the development shall qualify for review as
a Small-Scale Inclusion Development.
(2) Small-Scale Inclusion Development Submission Requirements and
Procedures: No building permit for a Small-Scale Inclusion Development
shall be issued until the SPGA has approved a site plan in accordance with
Section 9.03 and the provisions of this Section. The SPGA may adopt
9
regulations for submission requirements and procedures not inconsistent with
this Section, following a public hearing.
(3) Cost Offsets and Affordability Requirements: Inclusion Units shall
be exempt from the minimum lot area per dwelling unit and/or maximum
floor area ratio, as set forth in Section 5.04, provided that the Inclusion Units
comply with the following affordability requirements:
(A) Rental Units: For the affordable units, the maximum
affordable rent shall be affordable to a household with income at or
below 65%area median income (AMI), adjusted for household size;
provided, however, that the SPGA may grant a special permit for a
development in which the affordable unit rents are, on average,
affordable for a household with income at 65% AMI. For example,
in a development with two Inclusion Units, the maximum rent for
each unit may be that which is affordable to a household with
income at 65% AMI, or one unit may be affordable to a household
with income at 50%AMI and the second unit may be affordable to a
household with income at 70% AMI. However, no affordable unit
in a rental development shall be priced for affordability to a
household with income exceeding 80%AMI.
(B) Honreou,nershio Units: For the affordable units, the
maximum purchase price shall be affordable to a household with
income at 70% AMI, adjusted for household size.
(4) Local Initiative Program Requirements. The Petitioner shall be
responsible for preparing and complying with any documentation that may
be required by DHCD to qualify affordable units for listing on the Chapter
40B Subsidized Housing Inventory.
(k) Severability
If any portion of this Section is declared to be invalid, the remainder shall
continue to be in full force and effect.
OP, 2�
v/ o nu cil Member
I hereby certify that at a regular meeting of the Town Council for which a quorum was present,
the above Ordinance was adopted by a roll call vote of 8 for, / against, 0 present on
Valer�apas, Council Clerk Mark S. Sideris, Council President
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