Town Council - Ordinance & Rules Committee

Braintree Town Council MEMBERS David M. Ringius, Jr, Chairman Committee on Ordinance & Rules Shannon Hume, Vice- Chairman One JFK Memorial Drive Julia Flaherty, Member Braintree, Massachusetts 02184 Charles Ryan, Member Monday, December 11, 2023 MINUTES A meeting of the Committee on Ordinance & Rules was held in Cahill Auditorium on Monday, December 11, 2023, beginning at 7:00pm. Chairman Ringius was in the Chair. Clerk of the Council, Susan Cimino conducted the roll call to begin the meeting Present: David Ringius, Jr, Chairman Shannon Hume, Vice-Chairwoman Julia Flaherty, Member Charles Ryan, Member Meredith Boericke, President (ex-officio) Also Present: Margaret Laforest, Chief of Staff Melissa SantucciRozzi, Director of Planning & Community Development Crystal Huff, Town Solicitor (remote) Residents David M. Ringius, Jr, Chairman of the Committee on Ordinance & Rules asked for a moment of silence for our first responders and all those serving home and abroad. Approval of Minutes • None Old Business • None December 11, 2023 Committee on Ordinance & Rules 1 of 9  New Business • 23 076 (1) Braintree Planning Board: MBTA Communities Multi-Family Overlay Districts (MCMOD) - Zoning Text Amendment: Section 135-301 - Districts Established/ Zoning Map Amendment: Map MCMOD Sub-Districts or take up any action relative thereto • 23 076 (2) Braintree Planning Board: MBTA Communities Multi-Family Overlay Districts (MCMOD) - Zoning Text Amendment: Create New Section - Section 135-616 MCMOD or take up any action relative thereto Melissa SantucciRozzi, Director of Planning & Community Development gave a presentation. Presentation Overview What is MBTA 3A Compliance Requirements District Overview Model Results and Summary Revisions to Date Questions & Next Steps What is an MBTA Community? Section 3A: Multi-family zoning as-of-right in MBTA communities (a)(1) An MBTA community shall have a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided, however, that such multi- family housing shall be without age restrictions and shall be suitable for families with children. For the purposes of this section, a district of reasonable size shall: (i) have a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code established pursuant to section 13 of chapter 21A; and (ii) be located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable. (b) An MBTA community that fails to comply with this section shall not be eligible for funds from: (i) the Housing Choice Initiative as described by the governor in a message to the general court dated December 11, 2017; (ii) the Local Capital Projects Fund established in section 2EEEE of chapter 29; or (iii) the MassWorks infrastructure program established in section 63 of chapter 23A. (c) The department of housing and community development, in consultation with the Massachusetts Bay Transportation Authority and the Massachusetts Department of Transportation, shall promulgate guidelines to determine if an MBTA community is in compliance with this section. What does being an MBTA Community mean for Braintree? Braintree needs to create zoning that enables the production of 25% of the Year Round Dwelling Units (15,077 x 25%) = 3,769 Multi-Family Dwelling Units. December 11, 2023 Committee on Ordinance & Rules 2 of 9 MBTA Compliance Guidelines for Multi-Family Zoning Districts as most recently amended through August 17, 2023 Any MBTA community that fails to comply with Section 3A’s requirements will be ineligible for funding from certain funding sources. EOHLC will make determinations of compliance with Section 3A in accordance with these guidelines to inform state agency decisions on which MBTA communities are eligible to receive funding from the listed funding sources. The following discretionary grant programs will take compliance with Section 3A into consideration when making grant award recommendations: Ineligible if Non-Compliant with MGL 40 3A (i) the Housing Choice Initiative as described by the governor in a message to the general court dated December 11, 2017 (ii) the Local Capital Projects Fund established in section 2EEEE of chapter 29 (iii) the MassWorks infrastructure program established in section 63 of chapter 23A (iv) One Stop Application - Community One Stop for Growth. The Town of Braintree recently received a $2.5M MassWorks Grant, $800,000 +/ - in Municipal Vulnerability Preparedness Grants , $35,000 in Land Use Planning Grants and the Braintree Housing Authority receives $225,000.00+/- annually. Compliance Requirements The Town of Braintree is classified as a Rapid Transit Community, meaning there is at least one rapid transit station within the town boundaries. Braintree is also served by commuter rail, but the rapid transit designation supersedes commuter rail. Braintree must then comply with the Unit Capacity, Land Area, Density, and Percentage of Units and Land within the Transit Area requirements. Metrics Requirements Category Rapid Transit 2020 Housing Units 15,077 Minimum Multi-Family Unit Capacity 3,769 Units Minimum Land Area for District(s) 50 Acres Percent of District Located in Station Area 50% Percent of Unit Capacity Located in Station Area 50% Minimum Gross Density for District(s) 15 DU/AC Proposed MBTA Communities Multi-Family Overlay Districts (MCMOD) Compliance Analysis and Model To run the MBTA Compliance Model for Braintree, we identified four (4) overlay Sub-Districts MBTA Communities Multi-Family Overlay Districts (MCMOD) that will be designated as the town’s MBTA districts where multi-family will be allowed as-of-right. The Sub-District(s) must total 50 acres in size with 50% (25 acres) comprising contiguous land. At least 50% of the district acreage must be located within the half-mile transit station area. No single district can be smaller than 5 acres in size. Braintree has proposed four (4) Sub-Districts and tested them in the Compliance Model: December 11, 2023 Committee on Ordinance & Rules 3 of 9  1. District 1 – MBTA 1 Red Line North 2. District 2 – MBTA 2 Red Line South 3. District 3 – MBTA 3 Red Line Village 4. District 4 – MBTA 4 Greenbush BWLD The four (4) districts analyzed provide Braintree with several options for mixing and matching districts to meet the minimum land area requirement of 50 acres. All four proposed districts meet the required 5 acre minimum for non- contiguous districts and one of the four exceeds the 50-acre minimum on its own. The next step was testing the zoning for each district to derive the unit capacity, which is a critical test for MBTA Communities compliance. District Name Gross Acres Meets 5 Acre Area Req’t? Meets 50 Acre Area Req’t? MBTA 1 Red Line North 48.94 Yes No MBTA 2 Red Line South 127.02 Yes Yes MBTA 3 Red Line Village 9.43 Yes No MBTA 4 Greenbush BWLD 18.43 Yes No Compliance Model Once the districts are defined, the MBTA Compliance Model required specific zoning inputs to calculate the unit capacity of each individual district. As inputs in the model, the consultant team worked with Braintree town staff to define the zoning parameters applied to the four (4) districts. For this model run, the same zoning parameters are applied to MBTA 1 North and South as the districts are next to each other but are not contiguous. The metrics used in the model are shown in the table to the right. The zoning parameters represent the primary drivers of unit capacity in the model and are not meant to represent all aspects of the zoning for these districts. MBTA Compliance Model Results Using the MBTA Communities Compliance Model to test each districts’ location, size, and zoning parameters we found that the current configuration of these four (4) districts and the associated zoning parameters will provide Braintree with enough land area, units, and density to exceed the requirements of Section 3A. A list was given on what is allowed in the Proposed MBTA Communities Multi-Family Overlay Districts (MCMOD) as well as examples around Braintree already (2 French Ave and 84 Pearl Street). Mixed -Use is encouraged in the Proposed MBTA Communities Multi-Family Overlay Districts (MCMOD). Revisions and Actions - Since the Planning Board Meeting 1. Incorporated Technical Assistant Comments 2. Update Affordability Requirements per discussion with EOHLC 3. Cleaned Up Text and Additional Proofing 4. Reran the Compliance Model to ensure Compliance with Unit Capacity December 11, 2023 Committee on Ordinance & Rules 4 of 9 5. Incorporated a Special Permit for Exceptions to Building Height, Building Number of Stories and Maximum Number of Units per Lot. See Section 135-616(E)8 Special Permit Exceptions 135-616(E)8 *Special Permit for exceptions to Building Height (Stories), Building Height (Feet), and Maximum Number of Units per Lot. The Special Permit Granting Authority may issue a Special Permit for a Multi-Family Dwelling/Housing or Mixed-Use Developments in the MBTA 1 Redline North and MBTA 2 Redline South MCMOD subdistricts that exceed the Dimensional Criteria in Section 135-616 E. The Multi-Family Dwelling/Housing or Mixed-Use Developments exceptions requested are prohibited from exceeding two (2) additional stories or 25 additional Feet. There are no restrictions on the request to exceed the Maximum Number of Units Per Lot Special Permit Criteria: When issuing a Special Permit for any Exception noted above in this Section, the Special Permit Granting Authority shall evaluate how the proposed building mass, design and form is compatible with and enhances the area in relationship to the existing built environment, context, mass, and surrounding land uses. All Multi-Family Dwelling/Housing or Mixed-Use Developments shall clearly demonstrate that any Exceptions requested are in harmony with and satisfy this criteria in order to be further evaluated under the criteria below. If the Planning Board determines that the Exceptions satisfy the Multi-Family Dwelling/Housing or Mixed- Use Developments must demonstrate that a minimum of three (3) criteria are satisfied. a) a. Preservation and reuse of historic buildings on the site. b) Public Amenities: Newly created public open space, pocket parks, walking paths, playgrounds, conservation restrictions or municipal parks. Said public amenities shall be accessible and usable by general public without undue restriction and shall be subject to and include all required restrictions, easements and agreements determined to be required by the Planning Board/Special Permit Granting Authority, including a donation of land to the Town of Braintree. c) Achievement of Gold or Platinum LEED certification or other equivalent standard related to Green Building Technologies. d) Community Space: Newly created interior building space that is accessible and suitable for exclusive use by the Town of Braintree to host gatherings, meetings, public meetings and community events and shall be subject to and include all required restrictions, easements and agreements determined to be required by the Planning Board/Special Permit Granting Authority. e) Workforce Housing Units: In addition to the requirements in Section 135-616G the Multi- Family Dwelling/Housing or Mixed-Use Development provides for an additional 10% of the total unit count as Workforce Housing Units available to households earning (81% to 120%) of AMI. f) Commitment to publicly benefiting beautification, public art or wayfinding projects in or adjacent to the district. Next Steps in the Zoning and MBTA 3A Compliance Process..…. 1. Questions and Answers this Evening 2. Receive Vote from Town Council (Simple Majority) December 11, 2023 Committee on Ordinance & Rules 5 of 9 3. Prepare Compliance Materials 1. Application form required by EOHLC . (M. SantucciRozzi) 2. A certified copy of the municipal zoning ordinance or by-law and zoning map and provisions that relate to uses and structures in the multi-family zoning district. (J. Casey) 3. Certified copy of the MBTA Zoning Text and Maps (S. Cimino) 4. An estimate of multi-family unit capacity using the compliance model. (M. SantucciRozzi) 5. GIS shapefile for the multi-family zoning district. (Tech. Assistance Partners) 4. Submit to EOHLC by 12/31 Director SantucciRozzi thanked all who helped her with this along the way. MBTA COMMUNITIES – QUESTIONS/ANSWERS read by Chairman Ringius: 1. Looking at the map, it appears that the condos at Jonathan's Landing on Mahar Highway will be impacted by this new zoning proposal. Does this mean that a percentage of future condo sales will be required to be set aside and reserved for people qualifying for Section 135-616? I purchased a condo several years ago for my son James Coter at 418 John Mahar Hgwy Unit #107. The proposed zoning has no impact to the existing units or development. It only applies to units constructed in the future under the ordinance. 2. Why 5 stories instead of 4 stories in the Landing? Because the BWLD Zoning allows 5 stories by Special Permit currently, the underlying zoning in the other subdistricts does not. 3. Was 5 stories considered in Red Line North or Red Line South, which could increase the percent of open space? There was thought around 5 stories, I professional think it will lend to a better site, parking and building configuration. However, based on past public comment related to increasing the 4 story limits in the Town, it was not well received. 4. How are the watershed requirements accounted for?/Are there watershed requirements? None of the proposed Sub-Districts are within the Watershed Overlay District. So it is no applicable. 5. Why are there no parcels with 15 units/ acre? Why is the proposal with 30-40 units more than twice the minimum density requirement? Is this to minimize the number of acres the city needs to rezone? Essentially yes - Based on the compliance model and the excluded lands, a density of 15 units an acre would result in sub-district(s) that encompass far more land area. You would need to add a lot more land area and you would get getting further and further away from the Stations. December 11, 2023 Committee on Ordinance & Rules 6 of 9  6. Do these maps satisfy the state requirement? Does the state still have the option to accept or reject this proposal? We have tested the Sub-Districts in the Compliance Model and they produce enough units. However, we will be fine tuning the language in the Proposed ordinance once we receive more public comment, board member comment and input from our T.A. at which time we will retest the zoning parameters to double check. However, the final review and approval comes from EOHLC, new name for DHCD. Councilor Flaherty stated aside from financial opportunities what would happen if Braintree does not comply with this law? Crystal Huff, Town Solicitor stated the repercussions for not complying with the MBTA Communities is we would not be eligible for a lot of significant important grants. The Attorney General in Massachusetts, Andrea Campbell has put us on notice that she would be seeking to enforce the law and that we would be potentially open to civil litigation as well. Councilor Flaherty asked how we would make changes after this is submitted to the state. Melissa SantucciRozzi stated after we submit and the state approves it and we decide we want to change something. It depends on what we want to change. It would implicate noticing requirements. We would need to make sure any changes do not drop us below our minimum unit capacity of 3,769. Councilor Flaherty asked about the maps and how they came to be. Melissa SantucciRozzi stated the maps did not include any Res A or Res B. Right now the areas on the map all allow for multi-family now by special permit. It was important to keep the districts small and tight and as close as possible to the MBTA. Councilor Hume asked about the 5 stories building height. Melissa SantucciRozzi stated right now in the Landing it is unlimited height by special permit. Councilor Hume asked if in the other 4 MBTA areas if there was discussion to increase the height from 4. Melissa SantucciRozzi stated we looked at what was in place currently and moved that forward. Councilor Hume asked about the 3,769 units and how they can be split up amongst the 4 zones. Melissa SantucciRozzi stated there is no requirement to produce a single unit. The requirement is to have zoning in place. Chairman Ringius thanked Director SantucciRozzi for all this work. I understand many were concerned this took so long to produce but I think from my understanding of it that allowed to ensure there were no changes last minute by the state. Chairman Ringius had a question from a resident about was there any thought on extending the Cresent Ave MBTA zone across to the front edge of Hancock Street. December 11, 2023 Committee on Ordinance & Rules 7 of 9 Melissa SantucciRozzi stated the goal was to go into areas where there was already multi-family with areas as least impactful on smaller residential homes as possible. Chairman Ringius stated I am somewhat unhappy anytime the state comes in and mandates anything to a town. This is here and I initially said what if we just say no. I do think there is potential. I appreciate where we put these zones. Hopefully we can maximize the return from this. Many residents’ concerns are project-based concerns. We need to be mindful of the traffic, schools, and infrastructure. Letter submitted and read by Liz Page, North Braintree Civic Association: Dear Chairman Ringius and members of the Town Council, It Is my Intention to make you aware of several concerns regarding the MBTA zoning overlay districts. I believe that this mandate from the state of Massachusetts will not be beneficial to the cities and towns that this mandate is being imposed upon. It is my hope that the members of the ordinance and rules committee and the Town Council will raise some of these issues, and answer some of these questions. -This zoning mandate will allow for a potential 25% increase in housing stock for communities along the Red Line. That would allow for a significant and potentially dramatic population increase. That would dramatically change the character of the town of Braintree, urbanizing the town. Braintree residents have been clear and vocal that they do not want the town to be urbanized. Yet, we understand that the state is mandating this law, and will punish towns that do not comply. -Is there a model that the state has followed when defining this law? A model that has been successful? -If the town of Braintree's infrastructure cannot handle this dramatic amount of development are there any safeguards offered by the state to allow the town to scale this back? There are safeguards built into this proposal to protect the developers. I did not notice any safeguards to protect the communities. -the MBTA recently stated that they would need $24 billion to bring it up to a good functioning level. This is a business that is plagued by problems of safety and mis-management, yet our town is being forced to change OUR zoning because the MBTA Redline is going through our community. This does not seem like a fair or wise mandate. -how much money will the state of Massachusetts make available yearly to support this mandate? When all 177 cities and towns are in compliance, will there be enough money to fund all of the requests from 177 cities and towns? How much funding will Braintree receive each year? What will be the determining factors in who gets the grant money? -there are many potential detrimental impacts from this mandate that the residents of the town of Braintree will be left to deal with. Some of these impacts are: a dramatic increase in traffic, an increase in crime, a strain on our water supply, a strain on our school systems from the increase in children, a strain on our police and fire services, etc. I'm sure there are some benefits as well. But honestly, the negative impacts outweigh the positive. I understand that the state is imposing this as a law, but I feel December 11, 2023 Committee on Ordinance & Rules 8 of 9 that these are questions and comments that our Town Council need to address and possibly incorporate some safeguards that are missing from this law. Chairman Ringius asked if there is a motion for Order 23 076 (1) and Order 23 076 (2). Motions read by Councilor Hume: MOTION: To Approve Order 23 076 (1) as submitted with Planning Board recommendations. Motion: by Councilor Hume to approve Order 23 076 (1) as submitted with Planning Board recommendations. Second: by Councilor Flaherty Vote: For (3 – Flaherty, Hume, Ringius), Against (0), Absent (1 - Ryan), Abstain (0) MOTION: To Approve Order 23 076 (2) as submitted with Planning Board recommendations. Motion: by Councilor Hume to approve Order 23 076 (2) as submitted with Planning Board recommendations. Second: by Councilor Flaherty Vote: For (3 – Flaherty, Hume, Ringius), Against (0), Absent (1 - Ryan), Abstain (0) It was unanimously voted by Roll Call to adjourn the meeting at 8:30 p.m. Respectfully submitted, Susan M. Cimino, Clerk of the Council Documents provided for Meeting • 23 076 (1) Braintree Planning Board: MBTA Communities Multi-Family Overlay Districts (MCMOD) - Zoning Text Amendment: Section 135-301 - Districts Established/ Zoning Map Amendment: Map MCMOD Sub-Districts or take up any action relative thereto • 23 076 (2) Braintree Planning Board: MBTA Communities Multi-Family Overlay Districts (MCMOD) - Zoning Text Amendment: Create New Section - Section 135-616 MCMOD or take up any action relative thereto • Letter submitted and read by Liz Page, North Braintree Civic Association: December 11, 2023 Committee on Ordinance & Rules 9 of 9