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HomeMy Public PortalAbout2017-12-12 Solar Zones, LEED, Vacant Prop. Staging z83. Watertown Town Council Administration Building 149 Main Street Watertown, MA 02472 Phone: 617-972-6470 ELECTED OFFICIALS: Committee on Economic Development and Planning Mark S.Sideris, Meeting: November 29, 2017 Council President Report: December 12, 2017 Vincent J.Piccirilli,Jr., Vice President Michael F.Dattoli, The Committee convened at 7:15 pm on Wednesday,November 29, 2017 in the Philip Pane Councilor At Large Lower Hearing Room. Present were Susan Falkoff, chair; Kenneth Woodland,vice-chair; and Vincent Piccirilli, secretary. Staff present were Steven Magoon, Assistant Town Aaron Dushku, Manager/Directorf Community Development d Planning; d Ed Lis EnergyCouncilorLargeLewis, Manager. Also present were Councilors Aaron Dushku and Anthony Palomba. See attached Susan G.Falkoff, sign-in sheet for other attendees. Councilor At Large Anthony Palomba, The purpose of this meeting was to follow up on items from the September 5th meeting. Councilor At Large Angeline B.Kounelis, 1.Discussion of What Can Be Done About Blighted Properties District A Councilor Mr. Magoon researched the work done in 2010 on a blighted property ordinance and Lisa J.Feltner, distributed a copy(attached), and said he had concerns about moving forward with this District B Councilor because of the difficulty in defining what a blighted property is. Councilor Dushku said that Kenneth M.woodland, he appreciated the research into this matter, and withdrew his request to move forward. District D Councilor 4 Councilor Piccirilli made a motion, seconded by Councilor Woodland,to not purse a blighted property ordinance. Voted 3-0 2. Consideration of Language to Extend the LEED Silver Certifiability Requirement in the RMUD Ordinance to All Commercial Districts of the Town Mr. Magoon distributed a copy of a proposed zoning amendment to require LEED Silver Certifiability for all commercial districts (attached), and noted this would not apply to one and two family homes. Mr. Lewis explained that the difference between"certified" and"certifiable"is for"certified"the owner would pay LEED to audit the building and issue a plaque after construction. For"certifiable"the building inspector is responsible for insuring the work proposed under the Special Permit is done properly before issuing the certificate of occupancy. 4 Councilor Piccirilli made a motion, seconded by Councilor Woodland,to ask the Town Council to proceed with an amendment to the Watertown Zoning Ordinance to changing paragraph 9.03(c)7 per the draft language provided. Voted 3-0 Page 1 of 2 Committee on Economic Development and Planning Report December 12, 2017 3.Discussion of the Legality of Requiring Solar on New Buildings Mr. Magoon reported back on his discussions with the Town Attorney,who stated it was KP Law's opinion that it is within the Town's authority to amend to the Watertown Zoning Ordinance to require the installation of solar panels, subject to some significant parameters. He noted three key points: 1. It needs to consider the size of projects that it will apply to,perhaps using similar criteria as was done in the recent TDM ordinance. 2. It should not burden homeowners, and should exempt one and two family homes. 3. It should be required on parking structures. He suggested a next step could be for the DCDP to do further research into this and draft proposed language for an amendment for discussion purposes, and also noted that the expertise of the Watertown Environment and Energy Efficiency Committee could be used. 4 Councilor Piccirilli made a motion, seconded by Councilor Woodland,to ask the Department of Community Development and Planning to produce a draft amendment to the Watertown Zoning Ordinance to require the installation of solar power on certain buildings and bring it to the Watertown Environment and Energy Efficiency Committee for input,then bring a draft to this Committee for further discussion. Voted 3-0 4.Update on Potential DPW Staging Area Locations Councilor Falkoff asked for an update. Mr. Magoon said that after the Committee's Executive Session he discussed it with the Town Manager,but further discussion is needed with the Council President to decide how to proceed. The meeting adjourned at 8:05 pm. Before adjourning, Councilor Piccirilli announced that Councilor Falkoff will be retiring at the end of the year,noting this is her last meeting as chair of the Economic Development&Planning Committee, and thanked her for leading this committee through some difficult and complex issues with grace and humor. Report prepared by Vincent Piccirilli Attachments—Documents Used During Meeting Attachment 1: Draft blighted property ordinance from 2010 Attachment 2: Proposed zoning amendment to require LEED Silver Certifiabliity Page 2 of 2 -`1630 1ttULIT'LU {3 Watertown Town Councit"jTO �SMA S 5t�r Administration Building p'Q 149 Main Street IfQ� i!, 2 Lb I Watertown, MA 02472 ELECTED Phone: 617,972,6470 OFFICIALS: Mark S.Sideris, Council President MEETING NOTICE i Vincent J.Piccirilli,Jr., COMMITTEE ON ECONOMIC DEVELOPMENT AND PLANNING Vice President WEDNESDAY,NOVEMBER 29,2017, 7:15 P.M. Michael F.Dattoli, PHILIP PANE LOWER CONFERENCE ROOM, GROUND FLOOR Councilor At Large ADMINISTRATION BUILDING Aaron P.Dushku, Councilor At Large Susan G.Falkoff, Councilor At Large 1. Call to Order Anthony Palomba, Councilor At Large 2. Consideration of Language to Extend the LEED Silver Certifiability Angeline B.Kounelis, Requirement in the RMUD Ordinance to All Commercial Districts of the Town District A Councilor Lisa J.Feltner, 3. Discussion of the Legality of Requiring Solar on New Buildings District B Councilor Kenneth M.Woodland, 4. Discussion of What Can Be Done About Blighted Properties District D Councilor 5. Update on Potential DPW Staging Area Locations 6. Adjournment I Councilor Susan G. Falkoff, Chair cc: Honorable Town Council Committee Members: Susan G. Falkoff, Chair Kenneth M. Woodland, Vice-Chair Vincent J Piccirilli, Jr., Secretary Steven Magoon,Director,Department of Economic Development and Planning <5 1, <:�)t ki a: K 4�L CA C . - 6, VLfl r f AN ORDINANCE RELATIVE TO VACANT AND ABANDONED BUILDINGS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WATERTOWN AS FOLLOWS: SECTION 1.PURPOSE: Unsecured,vacant,abandoned,dilapidated dwellings and foreclosing properties present danger to the safety and welfare of public safety officers and the public,occupants, abutters and neighborhoods,and,as such,constitute a public nuisance. This Section is enacted to promote the health,safety and welfare of the public,to protect and preserve the quiet enjoyment of occupants,abutters and neighborhoods,and to minimize hazards to public safety personnel inspecting or entering such dwellings,and by preventing unauthorized persons from gaining entry to abandoned and vacant dwellings. SECTION 2.DEFINITIONS. The following words and phrases,when used in this section,shall have the following�rrealling5{ __________ __ _ _ _ _ — - Commented[Sl]:Many of these terms are defined to the fZdefiriftio'ns oning rdinance,and may be elsewhere.We should keep "Abandoned building"-(1)a vacant building,the ownership responsibilities of which have been as consistent as possible. surrendered or relinquished,whether intentionally or by failure to occupy and maintain such property;or, (2)buildings,structures and premises for which the owner cannot be identified or located by delivery of certified mail at the last known or registered address,which persistently or repeatedly becomes unprotected or unsecured or,which is or has been occupied by unauthorized persons. "Building"-any combination of materials having a roof and enclosed within exterior walls or firewalls, built to form a structure for the shelter of persons or property,excluding accessory structures that are incidental to the principal structure located on the same lot,such as but not limited to dog houses and storage sheds;structures used on seasonal basis such as vacation premises or resort facilities;and structures that are temporarily vacant for owner or tenant change or for remodeling. "Certificate of Building Closure"-certificate issued by the Director/Commissioner to the owner of a vacant building or abandoned building upon compliance with the provisions of Section 3 herein. 1 Commissioner" the-tie Buildings-onminisssionnerim ectd,or his or her dCSi r]EC _ ____ Commented[s2]:I wouldn't use the term"commissioner"as that has never been his title,so it should be changed throughout "Dangerous building"—any unoccupied building that has been neglected and deteriorated;or abandoned,vacated,unused or open to weather to such an extent that it is a danger or potential danger to life or property. "Dilapidated"—any building that has decayed,deteriorated,or fallen into partial ruin especially through neglect or misuse "Health Director"- the Director of the Health Department or his or her designee. "Dwelling"—every building or shelter including but not limited to rooming houses and temporary housing used or intended for human habitation and every other structure or condition located with the same lot line whose existence caused or is likely to affect noncompliance with the provisions of 105 CMR 410.000. `Fire Chief'—the chief of the Watertown Fire Department or his or her designee. "Foreclosing"—the process by which a property,placed as security for areal estate loan,is prepared for sale to satisfy the debt if the borrower defaults. "Initiation of the Foreclosure Process"—taking any of the following actions: (i) Taking possession of a residential property pursuant to General Laws Chapter 244§1; (ii) Delivering the mortgagee's notice of intention to foreclose to borrower pursuant to General Laws Chapter 244§ 17B; (iii)Commencing a foreclosure action on a property in any court of competent jurisdiction;or (iv)Recording a complaint to foreclose with the registry of deeds. 'Mortgagee"—the creditor,including but not limited to,service companies,lenders in a mortgage agreement and any agent,servant or employee of the mortgagee,or any successor in interest and/or assignee of the mortgagee's rights,interest or obligations under the mortgage agreement. "Ownerfyvers 4"_Cl)a person,trust,partnership,corporation or other entity capable of owning legal or _ _- Commented[s37:n contact person is very different than an e nmy rapaF�k A!fltiw3irtg legal•rwequitable title to real property or capable of possessing legal or equitable owner,so I wouldn't combine these two. interest in real estate or,(2)an authorized agent of the person or entity holding legal or equitable interest to real property,including but not limited to any person specified as a"contact person"pursuant to Section 3 Paragraph 9 herein. This term shall include a mortgagee in possession. "Property"—any real property,or portion thereof,located in the city,including dwelling or structures situated on the property;provided,however,that"property"shall not include property owned or under the control of the city,the commonwealth or the United States of America. "Secured,securing"—making the property inaccessible to unauthorized�erson�.______________— - - I Commented[s4l:Weather tight also? "Unsecured-dwelling"-any vacant or abandoned dwelling not continuously secured,maintained,locked or boarded to prevent unauthorized entry or which fails to provide protection from weather damage. "Vacant dwelling"—(1)any unoccupied real property which is empty or remains empty and is not continuously maintained,for twenty-lone consecutive days or longer by occupants having custody_or legal I Commented[sSI:Seems short to me,Is this a standard time right of entry to said property or,(2)any dwelling occupants having custody or legal right of entry to said trams used elsewhere?I would think at least 30 days more,people take vacations longer than 21 days,snow birds etc.,maybe 1e0. property b�,(2)any dwelling which exhibits dilapidated walls roof doors or windowszwhich will fail to . . - • Commented[s67:the f rst92)doesn't say anything about } prevent the entry of a trespasser. vacant property. f SECTION 3.NOTIFICATION REQUIREMENTS. Any owner/person who knows or reasonably should know that a dwelling owned by said owner/person is or will become vacant or abandoned as those terms are defined herein or,any owner/person who intends to abandon or vacate a dwelling owned or controlled by said owner/person shall forthwith: 1. File a Vacant&Abandoned Dwelling Certificate Application in a form prescribed and amended from time-to-time by Director,Commissioner and the Fire Chief setting forth the following:the status of such dwelling,including in such notice,the name,address and telephone number of the owner; the location of the dwelling, the length of time the dwelling has been vacant; the estimated time the dwelling will remain vacant; and,the nature of the contents of the leiidixg dwelling;and, 2. As may be required by the Fire Chief,file one set of space utilization floor plans for said leg dwelling with the Fire Chief and one set of plans with the Commissioner;and one set of said plans with the Director.The owner shall certifry space utilization plans as accurate twice annually,in January and July;and, 3. P emov�from the property,to the satisfaction of the Fire Chief,hazardous material,as that term is Commented[s7]:From here on It Isr?t'notification"anymore defined in Massachusetts General Laws,chapter 21 K,as that statute may be amended from time- and could have a separate heading. to-time;and, 4. At the direction of the Fire Chief or Director,secure all windows and door openings and ensure that the dwelling is secured from all unauthorized entry continuously in accordance with the United States Fire Administration,National Arson Initiative Board-up Procedures or provide twenty-four(24)hour on-site security personnel in the dwelling. When a dwelling is located within a complex of dwellings owned by a single owner,twenty-four(24)hour onsite security shall be provided within the dwelling or within the complex wherein the dwelling is located;and, 5. Post'No Trespassing"signs on the property.Said signs shall be no smaller than 8 inches by 11 inches with lettering no smaller than 2 inches high,and shall be visible from the street. However, this requirement may be waived by the Director upon written request from the owner or designee; and, 6. Maintain the property pursuant to Mass General Laws Chapter III, Sections 31 and 122,free of overgrowth,trash and debris,and pools of stagnant water,and ensure that structures are maintained in a structurally sound condition;and, 7. If the property is vacant,drain all water from the plumbing and turn off all electricity between September 15 and June 15 of each calendar year to guard against burst pipes and fires;however, this requirement may be waived by the Director upon written request from the owner or designee; and, 8. Maintain the property in accordance with all other relevant state codes and local regulations concerning the maintenance of property;and, 9. Provide the Fire Chief and Director with the name,local address,and telephone number of a responsible person who can be contacted in case of emergency.The owner shall cause the name and contact number to be marked on the front of the bropertg as may be regi iked_by th_e Fire _,- Commented[98]:We really want to ma ke them post their Chief or Director•and, phone number on the front of the building? 10. Maintain liability insurance on the property and famish the director with a copy of said certificate of insurance;and, 11.Notify the director and fire chief in writing when the property is sold or transferred. 12. As may be required by the Commissioner,provide a cash bond acceptable to the Commissioner, in the Burn of not less than five thousand($5,000.00)dollars,to secure the continued maintenance of the dwelling throughout its vacancy and remunerate the City for any expenses incurred in inspecting,securing,marking or making such dwelling safe.A portion of said bond shall be retained by the City as an administrative�kto fund an account for expenses incurred in . __ _ . . Commented[s9]:Too open ended,we need to provide either a inspecting,securin and marking other such buildings that are not in compliance with this i number or a way it will be calculated.Also,I don't think we an g g g P collect funds from a bond to then spend correcting other properties Section. Any owner of a vacant or foreclosing property providing a bond pursuant to this section that are not In compliance. must also provide bonds for all other vacant or foreclosing properties it owns in the City. 13. Notify the Director and Fire Chief in writing when the property is sold or transferred. Upon satisfactory compliance with the above-provisions,the Director shall issue a certificate of building closure.Said certificate shall be valid for the length of time prescribed by the Director and noted thereon; provided however,the certificate shall be subject to continued compliance with the provisions of this section. SECTION 4.SIGNS/MARKINGS.When required pursuant to this section,signs or markings on buildings determined to be especially unsafe in case of fire shall be applied on the front of the property, and elsewhere as the Fire Chief may require,at or above the second floor level and shall not be placed over doors,window,or other openings.All signs should be visible from the street and,when requested by the Fire Chief,shall be placed on the sides and rear of the property. Signs/markings shall be a minimum of 24 inches by 24 inches,with lines of 2-inch width,and shall have a reflective background,or be painted with reflective paint in contrasting colors. Signs/markings shall be applied directly on the surface of the building and shall state the date of posting and the most recent date of inspection by the Fire Chief and Director. SECTION 5.FINES/FAILURE TO COMPLY AND ENFORCEMENT. I. Pailure to comply with any y provision o_f Section_3_above sh_a_ll be punished by a fine of Three _ Commented[sit]:Need to make sere fines kick In If they don't Hundred($300.00)Dollars with each day of violation constituting a separate offence. The comply after being d.Don't wantto fine for noncompliance prior to the owner being aware of what they need to do. Commissioner and/or the Fire Chief shall be enforcing persons for purposes of this section consistent tti'i1h the pulicics nod onvecduraes Tor citation issuW undo'their authority.. 2. Enforcement-Failure to comply with any provision of paragraph above shall be punished_by__.- °Commented[sin]:There Is no section(c)• �. a fine of three hundred($300.00)dollars per violation of the Board of Health Regulations pursuant to MGL Chapter 40,§21 D(Non Criminal Disposition)with each day of violation constituting a separate offence. This section may also be enforced by civil,criminal process or non-criminal process,including injunctive relief. The Director and/or the Fire Chief shall be enforcing persons for purposes in this�ectiorl._ ______________ _ - Commented[s12]:Aren't I and 2 repetitive,or are we saying the fine Is$600 per day? 3. The Director of Fire Chief,upon being informed of the existence of a vacant or foreclosing property without a certificate of dwelling closure,shall cause notice to issue to the certificate of building closure. If any person fails to comply with said order,the Fire Chief or,Director may enter the premises to inspect,secure and mark the property,and/or remove rubbish or overgrowth,or to abate a stagnant pool of water. The Fire Chief or Director may also seek enforcement pursuant to section(e). SECTION 6.EXPENSES. The owner of a vacant or foreclosing property who fails to obtain a certificate of building closure as required herein aftcr brine notiflW orthis ordinance and dw I'Wuiitxi submissions.shall be liable to the city for expenses incurred by the city in securing such property,for removing rubbish and overgrowth,and/or for abating stagnant pools of water. The Director shall provide the owner with a written statement of all costs associated with inspecting,securing and marking the property,and removing rubbish or overgrowth,or abating stagnant pools of water. If the owner fails to pay or reimburse the city within seven days of notice of expenses,the city shall draw down upon the bond paid by the owner as required in subsection 12._If there is no bond available,the Director shall record the notice of claim at the Waltham District Court forthwith,establishing a lien 1 on the property for the balance due— _......._.......____..............%.........­---- ........... a. No owner of a vacant or foreclosing property shall allow said property to become or remain unsecured,or to contain an accumulation of rubbish,or to contain overgrowth,or to have stagnant pool of water. If it appears that any vacant or foreclosing property is unsecured,contains rubbish,overgrowth,or a stagnant pool of water,the director,shall send written notification to the owner,requiring that the owner promptly secure the property,remove the rubbish or overgrowth,or abate the stagnant pool of water. If the owner fails to comply with any order issued pursuant to this provision?the Fire Chief or Director may immediately seek to obtain the proceeds secured by the bond filed pursuant to paragraph((c)(11)herein and shall enter upon the premises and cause the property to be inspected,secured and marked,or to remove rubbish,overgrowth,or stagnant pools using said proceeds. (i) All unsecured vacant or foreclosing properties shall be immediately referred to the Director for a determination relative to whether the property is a nuisance or dangerous pursuant to chapter 139 and procedures promulgated there under. SECTION 7.NOTICES. Notices required pursuant to this section shall be served in the following manner: 1. Personally on any owner,or the lessee,or the mortgagee in possession,or on the contact person specified pursuant to Section 3 Paragraph 9;or, 2. Left at the last and usual place of abode of any owner,or contact person as specified pursuant to Section 3 Paragraph 9,if such place of abode is known and is within or without the commonwealth;or, 3. By certified or registered mail,return receipt requested,to any owner,or the lessee, or the mortgagee or contact person specified pursuant to Section 3 Paragraph 9 4. If the residence and whereabouts of the owner or,the owner's lessee or,the mortgagee or,the owner's agent are unknown or are outside the Commonwealth, then the notice shall be served by posting a copy thereof in a conspicuous place on the property and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the City. If any Section,sub-Section,or phrase of this Ordinance were held for any reason,to be unconstitutional, such decision shall not affect the validity of the remaining portion or portions of this Ordinance. DCDP— Tj /ZCl. -- ae-Proposed Zoning Amendment to require LEED Silver Certifiability 11/21/2017 The following language would amend the zoning ordinance to require all new development projects to be LEED silver certifiable within the commercial, mixed-use and industrial zones. The original language required only mixed-use developments to be LEED certifiable at 40 points and required mixed-use developments in the RMUD Zone to be LEED Silver certifiable. SECTION 9.03 SITE PLAN REVIEW OF CERTAIN RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENTS (c)7. Environmental Sustainability: Proposed developments shall seek to diminish the heat island effect; employ passive solar techniques and design to maximize southern exposures, building materials,and shading; utilize energy-efficient technology and renewable energy resources;and minimize water use. All�"oxso new Developments reauirina Site Plan Review in the NB, LB, CB, 1-1, 1-2, 1- 3, RMUD and PSCD Districts must meet LEED Silver Certifiable requirements as outlined by the United States Green Building Council's Leadership in Energy and Environmental Design (current edition as applicable) as a minimum. Design documentation shall be provided by the Petitioner to the Town to verify that the project could achieve the minimum number of LEED points to achieve certification. Such documentation may include but not be limited to a project narrative describing how the project design intends to achieve selected LEED credits, and a LEED checklist with criteria (or points) which shows the project will achieve a minimum of 40-50 points. NI IAiir�4 'Jac r_\3,.s49pfn^^'s #"e o Ust me F D GeFt iahlo raaaimmeRts-as outlinod by tho Unit-J Slotou r' "idiq--Oeeec4'a '_,m2fer--ship r —0-ergy e�sl €nuns.":01 Pe -(wrrent-ed on cc Wplfvs�Ja):t the SilveF lev �.