State deems Newton ‘conditionally compliant’ with MBTA Communities Act

The City Council passed an overhaul of the city’s zoning ordinance last December, which was meant to revitalize the Newton’s village centers and get the city in compliance with the MBTA Communities Act.

Several city councilors who pushed for the zoning changes lost their seats last year, there were countless meetings and negotiations, whole villages were removed from the plan and the city has spent nine months waiting to hear if the plan passed the state’s compliance tests.

After a long delay, the state has approved compliance for 33 communities, Planning Director Barney Heath wrote in a memo to the City Council recently. But another three—Newton, Malden and Everett—are deemed “conditionally compliant.”

That means the plan overall is good but there are parts that the Executive Office of Housing and Livable Communities needs interpretation of and parts that may need to be changed.

“EOHLC praised the zoning adopted by the City Council last December while identifying areas where they still had questions or where amendments will be necessary to fully comply,” Heath wrote. “Once they have finalized their review, EOHLC will send a formal letter identifying areas where the City Council will need to take action to amend the zoning.”

The MBTA Communities Act requires cities and towns with MBTA stops to up-zone the neighborhoods around those stations to promote higher-density housing near public transportation. So far, 75 communities have passed zoning changes to comply with the law.

A few, including Marblehead, Milton and Tewksbury, have not complied. Attorney General Andrea Campbell has promised lawsuits against non-compliant communities, and the state’s highest court is currently hearing arguments about whether or not she can force compliance at all.

So far, there are two things EOHLC pointed out as needing change:

  • Requiring a special permit for all retaining walls taller than 4 feet is seen as a hindrance, since many mixed-use buildings have underground parking.
  • The language around allowing “nonconforming buildings” to opt into the Village Center Overlay District is unclear and could be interpreted as deeming all existing buildings opting into the plan “nonconforming.”

“EOHLC staff expressed a strong desire to work with Newton to achieve full compliance,” Heath’s memo continues. “At the moment, only two minor zoning amendments are necessary, one of which is underway.”