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
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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.
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