HomeMy Public PortalAbout2018-12-11 TC MTG ADDENDUM _I,;;s.;c}rift; ijy
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=_c` = Watertown Town Counc�� t6t1 1
Administration Building
149 Main Street
Watertown, MA 02472
ELECTED OFFICIALS: Phone: 617-972-6470
Mark S.Sid
Councilit President
TOWN COUNCIL MEETING
e
TUESDAY,DECEMBER 11,2018 AT 7:15 P.M.
Vincent I.Piccirilli,Jr, RICHARD E. MASTRANGELO COUNCIL CHAMBER
Vice President& AGENDA
District C Councilor
Caroline Bays
Councilor At Large
Anthony I.Donato, 1. ROLL CALL
Councilor At Large
2. PLEDGE OF ALLEGIANCE
Susan G.Falkoff,
Councilor At Large
3. PUBLIC FORUM
Anthony Paiomba,
Councilor At Large 4. EXAMINATION OF RECORDS OF PREVIOUS MEETINGS
Angeline B.Kounelis, Minutes of the November 27, 2018 Town Council Meeting
District A Councilor
Lisa J.Feltner, 5. PRESIDENT'S REPORT
District B Councilor
6. UNFINISHED BUSINESS FROM PRIOR MEETINGS
Kenneth M.woodland,District D Councilor A. Vote on Proposed Zoning Text Amendments Relating to Affordable
Housing Section 5.07, Inclusionary Zoning, to
• Add Definitions for Assisted Livina, Independent Living and
Dementia Care/Skilled Nursing,
• Create an Affordable Unit Contribution for Assisted Living Facilities
Based on the Number of Assisted Living Units (5% for Up To 75
Units and 10% for 76 or More Units),
• Allow a Fee in Lieu Contribution for Assisted Living Units, and
• Exempt Dementia Care and Skilled Nursing from the Requirements of
5.07
B. Committee of the Budget and Fiscal Oversight Report Regarding
Recommendations on the FY 2020 Budget Prioritv Guidelines —
Vincent Piccirilli, Chair
ACTION ITEM: That the Town Council Adopt the FY 2020 Budget
Policy Guidelines as Compiled b the Committee of the Budget and
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Fiscal Oversight
I of
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C. Committee on Media and Public Outreach Report—Anthony Palomba,
Chair
7. MOTIONS, ORDINANCES, ORDER, AND RESOLUTIONS
A. First Reading And Referral To Committee an Amendment to the Code of
Ordinances that Would Delete, in its Entirety, Chapter 92.04 Gasoline
Pumps, Which Prohibits Self-Service Gasoline Pumps.
8. REPORTS OF COMMITTEES
A. Committees on Public Works and Public Safety Report regarding
Watertown's Hazard Mitiaation Plan. —Vincent J. Piccirilli, Jr., Chair
9. NEW BUSINESS
10. COMMUNICATIONS FROM THE TOWN MANAGER
A. AT&T Small Cell Utilitv Pole Proiect- Request for Hearing.
B. Community Preservation Committee Appointments.
11. REQUESTS FOR INFORMATION/REVIEW OF LIST OF PENDING
MATTERS
12. ANNOUNCEMENTS
13. PUBLIC FORUM
14. RECESS OR ADJOURNMENT
2 of 2
TOWN COUNCIL ATTENDANCE
MEETING DATE: DECEMBER 11, 2018
YES NO PRESENT
LISA J. FELTNER X
ANGELINE B. KOUNELIS X
ANTHONY PALOMBA X
VINCENTJ. PICCIRILLI, JR. X
KENNETH M. WOODLAND X
CAROLINE BAYS X
ANTHONY J. DONATO X
SUSAN G. FALKOFF X
MARK S. SIDERIS, X
COUNCIL PRESIDENT
TOWN COUNCIL ROLL CALL VOTE
MEETING DATE: DECEMBER 11, 2018
YES NO PRESENT
ANGELINE B. KOUNELIS X
ANTHONY PALOMBA X
VINCENTJ PICCIRILLI, JR. X
KENNETH M. WOODLAND X
CAROLINE BAYS X
ANTHONY J. DONATO X
SUSAN G. FALKOFF X
LISA J. FELTNER X
MARK S. SIDERIS, X
COUNCIL PRESIDENT
MOTION TO WITHDRAW THE MOTION OF NOVEMBER 27, 2018 REGARDING ASSISTED
LIVING AND TO REPLACE IT WITH THE MOTION TO ADOPT THE ZONING AMENDMENT
AS WRITTEN WITH THE CLARIFICATION IN THE MEMO OF DECEMBER 7, 2018
REGARDING ASSISTED LIVING.
�>s3o Watertown Town Council
' Administration Building
149 Main Street
Watertown, MA 02472
Phone: 617-972-6470
ELECTED OFFICIALS:
ORDINANCE #92 2018—O - 92
Mark S.Sideris,
Council President AN ORDINANCE AMENDING THE TOWN'S ZONING ORDINANCE
Vincent J.Piccirilli,Jr., TO REQUIREMENTS FOR AFFORDABLE HOUSING
Vice President&District C Councilor AS PART OF CERTAIN ASSISTED LIVING PROJECTS
Caroline Bays, WHEREAS pursuant to Massachusetts General Laws Chapter 40A
Councilor At Large �I� p >
Section 5 and Article IX of the Watertown Zoning Ordinance,the Zoning
Anthony Donato, y Councilor At Large Ordinance may be amended from time to time; and
Susan to At Large
, WHEREAS,on September 11,2018 the Town Council of the City known
Councilor At Large I� tY
Anthony Palomba, as the Town of Watertown conducted a First Reading of a petition of Zoning
Councilor At Large Ordinance Amendment, and referred the Amendment to the Planning Board for
Angeline B.Kounelis, Public Hearing; and
District A Councilor
Lisa J.Feltner, WHEREAS,the Planning Board held a duly advertised Public Hearing on
District B Councilor October 10,2018 in accordance with the requirements of M.G.L. c. 40A, Section 5
Kenneth M.Woodland, to discuss the Amendment language as recommended by Department of
District D Councilor
Community Development&Planning("DCDP")staff, and where public comment
was received; and
WHEREAS, the Planning Board, with five members present, the Planning
Board voted 4-0 with one abstention to recommend approval of the request to amend
the inclusionary requirements for Affordable Housing to require affordable units as
part of certain assisted living projects, create an affordable unit contribution for
Assisted Living facilities based on the number of Assisted Living units (5%for up
to 75 units and 10% for 76 or more units), allow a fee in lieu contribution for
Assisted Living units, and Exempt Dementia Care and Skilled Nursing from the
requirements of 5.07,and directed DCDP staff to submit the Planning Board's report
and recommendations to the Town Council with respect to the proposed Amendment;
and
WHEREAS,on November 27,2018,continued to December 11,2018,the
Town Council conducted a duly advertised Public Hearing with respect to the
proposed Amendment where the Amendment was discussed and the report and
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recommendations of the Planning Board were received and considered.
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,the Zoning Ordinance, is hereby amended,with struck-through
language deleted and underlined language inserted, as follows:
SECTION 2.05ASSISTED LIVING
Assisted Livinq includes several tvves of housina settinas. Assisted Living is a housinq settinq
for individuals who need assistance with activities of daily livinq such as bathing, dressing,
aroominq, eating, and transferring, and may include instrumental activities of dailv living such
as housekeepinq, shoppinq, and transportation. It also includes Independent Livinq which has
units that can function as stand-alone apartments. And it includes Dementia Care and/or Skilled
Nursinq, which is a housinq settinq that involves or includes the planninq, provision, and
evaluation of goal-oriented nursinq care that requires specialized knowledge and skills acquired
under the established curriculum of a school of nursing approved by a Board of Reqistration in
nursinq, and must be provided by a reqistered nurse, a licensed practical nurse, or a licensed
vocational nurse. In each of these tvves of housinq settings, each resident may have their own
room or rooms which may include a bathroom, bedroom, living room and kitchen or kitchenette
and dininq areas.
Qh-/rJmnse with anti„i+'es of Anil„ living-such ag b&0i44g,
dFeSSiRg, nrn_nminn eatiRg, and transferring, and may inrli GIC ingtru.mental a +'vities of daily living such
as heusekeening shenninS tronopor+ +' n Ea h resident may have their mein room o^r rOon lO yAhlinh
may include bathreern, bedroorn, 1iViRg FGGM and kitGhen dining areas. (eF as updated, M.G.L. ChapteF
19D Assisted I iVinn\
SECTION 5.07AFFORDABLE HOUSING REQUIREMENTS
(c) Applicability
(1) §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) Independent or Assisted Living Units, or more than five (5)
lots for residential use. Independent Livina and Assisted living, outside of the
Assisted Livinq Overlav Zone, 55.11. Dementia Care or Skilled Nursinq shall be
exempt from 45.07.or mere than file (5) lets for resicivntiel ,AG. ssic+ed li„inn eutsirle of
the Aooioter+ l i„inn Overlay 7en9 S E.11, ohall b^ eenoidererl ino+i+„+ienel and chcll 1►2
Developments may not be segmented to avoid compliance with this Section. "Segmentation"
p Y 9 p g
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 common 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. c.41, Sections 81 K-81 GG, or any division of land under G.L. c.41, §81 P,
into lots for residential use.
(d) Basic Requirements
(1) Projects having more than five (5) units: No Sspecial P-permit for a development
requiring a Sspecial Rpermit and no Bbuilding Ppermit for a use permitted as of right, shall
be issued for a development subject to this section unless the Petitioner provides the
percentage of the total dwelling units in the development as affordable housing as described
herein, within §5.07(d)(4) and otherwise consistent with this Section.
(2) Nothing in this Section shall preclude a developer from providing additional
affordable units, or greater affordability, or both, than the minimum requirements. In no
instance shall any permit or Sspecial P-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(DHCD) Local Initiative Program regulations, 760
CMR 56.00, or any successor program as may be determined by the Special Permit
Granting Authority(SPCA) upon recommendation of the Watertown Housing Partnership
(WHIP) and as indicated in §5.07(d)(4).
(4) The Rent and Ownership Affordability Requirements are as follows:
Total Project Size Affordable Units Rental Price Ownership Price
1 to 5 units 0 NA NA 1
6 to 19 units 12.5% 80%AMI 80%of AMI 1
20 and over units 15.0% No less than 5%of the total units at 65%AMI 80%AMI 1
10%of total units at 80%AMI 80%AMI
(5) For Proiects with Assisted and Independent Livina Units Reauirements are as
follows:
Unit Tvpe Number of Units (Percentage Affordable Units (Income Restriction
Independent Livinq 6-19 12.5% of the IL Units
IL 20 or more 15% of the IL Units 1 80% AMI or less
Assisted Livinq* 10 to 75 5% of AL Units 1
AL 76 or more 10% of AL Units
Dementia and/or NA Exempt NA
Skilled Nursinq
*For Assisted Livina units, the maximum affordable purchase price or rent shall qualifv for the SHI,
and shall include base service costs. The base service packaae shall be indistinguishable between
market rate and affordable units.
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(e) Methods of Providina Affordable Units
(1) A Covered Development with more than five (5) and up to ten (10) units, shall have
I the option of providing an affordable unit on site or making a cash payment in lieu of units
on site. A Csovered Ddevelopment with more than ten (10) units shall provide the
i affordable units on site. However, approval for cash payment in lieu of on-site affordable
units may be granted by the SPGA in certain extraordinary circumstances. The SPGA must
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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's affordable housing needs.
Any request for alternative means of compliance shall be reviewed by the WHP,which shall
then make its recommendation to the SPCA.
(2) The SPGA may authorize that an alternative method of compliance be used, in
accordance with the following:
Cash Payment: The SPGA may grant a Sspecial Ppermit 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.
The cash payment for housina units. including Independent Living Units, shall be
equal to the most current Total Development Cost as articulated in the MA Department of
Housing &Community Development's Qualified Allocation Plan for Low Income Housing
Tax Credit, for the areas described as Within Metro Boston/Suburban Area, as adjusted for
the type of project and number of units. The cash payments shall also be in accordance
with a schedule of affordable housing payments as outlined in §5.07(h)(6)and guidelines
adopted and amended from time to time by the SPGA, following a public hearing, in
consultation with the WHP and the Watertown Department of Community Development
and Planning (DCDP). The cash oavment for Assisted Livina Units shall be not less
than $200.000 per unit.
(f) Location and Comparability of Affordable Units
(1) Affordable units shall be proportionately distributed throughout the building(s) in a
Ceovered Ddevelopment.
4 Affordable units shall have the same floor area as the median market-rate units of the
same number of bedrooms within a margin of 20%; provided that units are not less than the
minimum square foot required by DHCD. This criterion shall not appiv to Assisted Livinq
Units.
(g) Affirmative Marketina and Local Preference Policv
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 Ceovered Ddevelopment 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
Petitioner.
(h) Preservation of Affordabilitv
(5) For a Ceovered Ddevelopment that provides Inclusion Units:
(A) No Bbuilding Ppermit 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 DCDP that the agreement has been recorded at the
Middlesex County Registry of Deeds.
(B) For a FeRtal,for-sale or homeownership unit, the DCDP shall not authorize or sign
off on a Csertificate of Oeccupancy until the Petitioner submits documentation
acceptable to the Director of 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 CGovered Ddevelopment that provides affordable housing through a cash
payment in lieu of affordable units:
(A) For a Csovered Ddevelopment 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 betNec�n fair market value and affordable he
4nit-as described in §5.07(e)(2) shall apply: 10 units— 100%; 9 units-90%; 8 units—
80%; 7 units—70%and 6 units—60%.
Q) Special Requlations for Inclusion Units
(1) Use Requlations: Developments with Inclusion Units shall comply with §5.01, Table of
Use Regulations; provided, however, that a Csovered Ddevelopment with not more than ten
(10) multi-family units shall be a permitted use when at least 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
Bbuilding Ppermit for a Small-Scale Inclusion Development shall be issued until the SPGA has
approved a site plan in accordance with §9.03 and the provisions of this Section. The SPGA
may adopt regulations for submission requirements and procedures not inconsistent with this
Section, following a public hearing.
Coun i Member
I hereby certify that at a Meeting of the Town Council for which a quorum was present,the above
Ordinance was adopted by a roll call vote of for,_ against, 61 present on De.0 )bct hlJa19
Marilyn . Prono/ost, Council Clerk Marl-S. Sjd ris, ouncil President
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