Letter from lawyer, Nobscot zoning changes

 If you watched the last CC meeting in which a letter from Att Peter Barbieri was talked about briefly but not in the background material. The 17 page document explains in detail why a developer wants a zoning map change according to the new state law. The letter will be included in the background material for everyone to read, but it doesn't give enough time for the residents to read it and understand it's complexity.

There are 175 communities that have been identified to create more housing units. All of which have access to the trains and the T. Framingham is one Town that the developers have focused on. While we have over 1200 or more new apartments, all of which are relatively close to the train station.

Under the State's 40A laws, Nobscot is considered to have the necessary transportation infrastructure to build more multi-family housing next to Nobscot Park. I'm not sure anyone would consider Nobscot anywhere near public transportation, other than the MWRTA bus.

 

Dear Mr. Ottaviani:

Please be advised that I represent the Petitioners of the Petition for Zoning Change — Nobscot

Village District (the "Petition") filed with the City Council on or about September 14, 2022.

It has come to our attention that during discussions by City Representatives that a question has

arisen relative to the procedure for the adoption of the zoning change and, in particular, the

required vote of the City Council necessary to adopt the zoning change.

Mass. Gen. Laws c. 40A, §5 (copy attached) sets forth the procedure for the adoption of a Zoning

By-Law by the City Council. Prior to 2020, the adoption of any Zoning Ordinance required a.

two-thirds vote of the City Council. In 2020, the Legislature approved, and the Governor

endorsed Chapter 358 of the Acts of 2020 (the "Acts"). Section 19 of the Acts (copy attached)

amends Section 5 of Chapter 40A, as follows:

"Zoning Ordinances, By-Laws or amendments thereto shall be adopted by a vote

oftwo-thirds of the City Council except that the following shall be adopted by a

vote of simple majority of all members of the City Council or of the City Council

where there is a commission form of government or single branch of government

where there are two (2) branches or by a vote of simple majority of Town Meeting:

(1) an amendment to the Zoning Ordinance or By-Law that allows any of the

following as of right in an eligible location multi-family housing or

mixed-use development (a) accessory dwelling units, whether within the

principal dwelling or a detached structure on the same lot or (b) open

space residential development."

Section 16 of said Acts (copy attached) further amended Chapter 40A by inserting in Section

1(A) the following definition:

"Eligible Locations —Areas that by virtue of their infrastructure, R

transportation access, existing underutilization facilities or location, ~ ~~ ~~

make highly suitable locations for residential or mixed-use/smart use ,~, ~-~~-~~ ~. , zoning districts or starter home zoning districts, including without - -~~~

~ ~~~ limitation, (1) areas near transit stations, including rapid transit, commuter ,, ~ ,~

rail and bus and ferry terminals; or (ii) areas of concentrated development, "' ~`~"'

including town and city centers, other existing commercial districts in {.~.

cities and towns and existing rural villa g e districts." ~`~~

The Petition proposes to include additional land as part of the Nobscot B-4 Zoning District which

allows mixed-use (residential and commercial) as a matter of right.

DHCD published Guidance for Local Officials on Determining Voting Thresholds for Zoning

Ordinances and By-Laws on May 20, 2021 ("DHCD Guidance") (copy attached). With respect

to mixed-use development, the DHCD Guidance reminds that a "mixed-use development" is

defined as "a development containing a mix of residential and non-residential uses, including,

without limitation, commercial, institutional, industrial and other uses." DHCD Guidance, Page

5. The DHCD Guidance is clear that "A zoning amendment will qualify for the majority threshold

 

 as long as it permits mixed-use development, as defined in the Zoning Act, either as-of-right or by special permit, in an eligible location." DHCD Guidance, Page 5.

Nobscot Village is characterized by commercial developments, including retail developments on

Edgell Road and Water Street, such as banks, restaurants, and small stores and businesses, as

well as a senior living facility. Accordingly, Nobscot Village constitutes an "Eligible Location"

within the meaning of Mass. Gen. Laws c. 40A, § lA. Accordingly, the Planning Board should

find in its recommendation to the City Council that the area to be rezoned is an Eligible Location.

The DHCD Guidance recommends that the Planning Board in its recommendation on the

proposed zoning change include in its determination that the Nobscot B-4 Zoning District

qualifies as an Eligible Location entitling the zoning proposal to be approved by a simple

majority vote because it allows for mixed-use development as of right.

 

Accordingly, upon the determination that the proposed area for re-zoning under the Nobscot B-

4 Re-Zoning Petition is an Eligible Location, the City Council, may by simple majority vote,

 

adopt the amendment of the Framingham Zoning By-Law to expand the proposed district zoning

as set forth in the Petition.