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Zoning amendment threatens Newton’s neighborhoods
By Ken Parker, Newton Board of Aldermen
Tue Apr 17, 2007, 06:05 PM EDT
On April 23, the Board of Aldermen will be holding a public hearing on an item that could negatively affect the quality of life throughout Newton. The hearing, which will be conducted by the board’s Zoning & Planning Committee, will consider an ordinance amendment that would remove current height, density and use limitations for projects throughout Newton.
Where did this proposal come from? Who is behind it? You may have read about Chestnut Hill Square development, but what you may not know is that its developers have filed a citywide zoning amendment to legalize their proposed development.
When New England Development Corporation asked the Newton Planning Department how they could get permission to build their proposed Route 9 project, they got a simple answer: Newton’s zoning laws do not allow a project that large and dense, even with a special permit from the Board of Aldermen.
So how did they respond to this news? Did they scale back their proposal to comply with Newton’s zoning laws? No, instead they proposed an amendment to Newton zoning that would create a new zoning category exempt from virtually all of Newton’s height and dimensional requirements.
In effect, New England Development wants the Board of Aldermen to throw out the city’s zoning protections citywide in order to allow them to build their project the way they want it.
Zoning helps to protect the quality of life in Newton by offering some predictability as to what can be built where. When you buy a home in a residential neighborhood, you can reasonably expect that a large commercial building will not be constructed next door. Under current zoning laws, the only time a special permit may be granted to exempt a project from use and dimensional requirements is if the proposed use would benefit the surrounding neighborhood.
The New England Development zoning amendment would put an end to those protections. Under their proposed “Planned Business Development” model, the Board of Aldermen could consider the revenue that would be generated by a project as a reason to approve it. With no height limitations, the PBD ordinance would give the board very little room to deny a permit for a skyscraper that would generate badly needed revenue.
Is it an exaggeration to say that this zoning amendment would allow skyscrapers in Newton? Not at all. Under the Floor Area Ratio density standard in the proposed ordinance, you could build more than 1.3 million square feet on a 10-acre site. By way of comparison, the 52-story Prudential tower contains only 1.2 million square feet.
In other words, a tower taller than the Prudential could be built in any of Newton’s villages under this proposal. With a mere two-third vote of the Board of Aldermen, virtually anything could be built on any ten-acre site in the city (and the 10 acres don’t even need to be in common ownership).
1) Ironically, despite the justification of increased density helping to generate more tax revenue, the proposal allows residential development in commercially zoned districts, which generates far less tax revenue and further strains our budget by adding additional students to our schools.
2) The proposal ignores sound planning principles like locating large-scale development near public transportation and shielding abutting residences from commercial uses.
3) The proposal gives away huge density increases without requiring corresponding increases in open space and setbacks.
What is particularly troubling about this proposal is that New England Development officials seem to believe that they have the right to ignore established rules and procedures that do not allow a proposal to be changed during a public hearing and only after a public hearing by vote of the Aldermen. Apparently, New England Development is pursuing a “moving target” strategy and have indicated that they will be introducing changes to their proposal while the public hearing on the item is still open.
Would it be possible to craft a responsible zoning amendment to expand our special permit category to allow larger developments under appropriate circumstances? Yes, we could craft such an ordinance. However, the PBD item that is currently before the Board of Aldermen is so fundamentally flawed that it should not be amended and tweaked. It should be voted down by a resounding vote of the Board of Aldermen.
The complete text of the New England Development PBD proposal can be found on the city’s Web site, which you can find via a link on my home page, www.kenparker.org. Please take the time to review this proposal then share your thoughts at Monday’s public hearing, which is scheduled to begin at 7:45 p.m.
The good news is that if enough Newton residents speak out against this proposal, Newton’s zoning protections will help to maintain our neighborhood character now and for years to come.
Ken Parker, a member of the Newton Board of Aldermen, can be reached at ken@kenparker.org or by phone at 617-965-3723 where he welcomes constituent comments, questions and suggestions.
