Ordinances & Rules Committee

Ordinances & Rules Committee Meeting Minutes April 7, 2025 The Chair called the meeting to order at 9:40 p.m. Present: Councillors Dunn, Harris, Logan, LeBlanc, McLaughlin. Absent: None. President McLaughlin moved approval of the minutes from 3/17/2025. The motion was approved by a voice vote. Christian Maitre of the Waltham Times, 86 Newall Ave, Needham, MA was recording the meeting. First agenda item: Request for recommendation for an Affordable Housing Proposal at 183-241 Crescent St President McLaughlin moved to table the matter. The motion was approved by a voice vote. Second agenda item: Request to amend Sec 2-187 of Gen. Ordinances – Building Permit Fees President McLaughlin moved to suspend the rules to hear from all off committee members. Brian Bower, Building Inspector spoke to the increase of fees. It would be just on anything over a four family. One through four families are exempt. This is referenced with the cost of construction and handed out a sheet to reference what other towns charge or don’t charge on specific items. Councillor Logan moved to send the suggested amended amounts within Sec 2- 187 to the Law Department for review. The motion was approved by a voice vote. Councillor Logan moved to table the matter. The motion was approved by a voice vote. Third agenda item: Request to amend Sec 2-187 of Gen. Ordinances - Gas & Plumbing Fees Inspector Bower spoke on the increases for additional fixtures. Councillor Logan moved to send the suggested amended information to the Law Department for review. The motion was approved by a voice vote. Councillor Logan moved to table the matter. The motion was approved by a voice vote. Fourth agenda item: Request to amend Sec 2-187 of Gen. Ordinances – Inspection Fees Inspector Bower would like to raise fees from $40 to $80. Councillor Logan moved to send the suggested amended information to the Law Department for review. The motion was approved by a voice vote. Councillor Logan moved to table the matter. The motion was approved by a voice vote. Councillor Logan moved to take special permit application at 1432 Main Street off of the table. The motion was approved by a voice vote. Attorney Michael Connors, Brian Chavreau from Ferris and Sara Ebol, all representing the petitioner spoke on the latest filing. Councilor Logan moved to forward any materials received by either the Law Department or the petitioner to the Law Dept. or the petitioner once reviewed by Clerk and Chair. The motion was approved by a voice vote. Councillor Logan moved to table the matter. The motion was approved by a voice vote. Councillor Logan moved to take the special permit application at 1265 Main Street off of the table. The motion was approved by a voice vote. Attorney Phil McCourt, representing the petitioner spoke on the application and the site view with the drone. Councillor Logan made a request that was approved by a voice vote to have the Law Department review the latest materials and to have the Law Department attend the next meeting April 22, 2025 to discuss. Councillor Logan moved to table the matter. The motion was approved by a voice vote. Councillor Logan moved to take the special permit application at 460 Totten Pond Road off of the table. The motion was approved by a voice vote. The chair spoke informationally from the Chair. Councilor Logan moved to forward any materials received by either the Law Department or the petitioner to the Law Dept. or the petitioner once reviewed by Clerk and Chair. The motion was approved by a voice vote. Councillor Logan moved to table the matter. The motion was approved by a voice vote. Councillor Logan moved to take the ADU Ordinance off of the table. The motion was approved by a voice vote. Councillor Logan moved to suspend the rules to hear from off committee member Councillor Bradley-MacArthur. The motion was approved by a voice vote. Councillor Bradley-MacArthur spoke on the ordinance and had five points she wanted to touch base on. 1. How did we get to the 90 sq. feet and can we make it larger? Attorney Laughman, who was also present stated the state says it is a percentage of the home. Our language does not preclude anyone from having one the but if so they are a minimum of 450 sq. feet. You can go to the ZBA for a variance if they so choose. This is not a use ordinance this is more of a dimensional policy. Question 2 touched on the expense of the ZBA process. Question 3 asked is we can raise the percentage to 75% for homes under 900 sq. feet. Question 4 asked what the impact for no minimum size for ADU with leaving the maximum size 900 sq. feet. Question 5 asked to amend the language to be 75% for home under 900 sq. feet. Councillor Hanley spoke and stated there are over 8,700 homes in the City. 160 homes that are under 900 sq. feet would be effected by this request which is .018% of properties in Waltham. Councillor Hanley moved approval of a second reading. The motion was approved by a voice vote. Councillor Logan moved to take the Complete Streets Resolution off of the table. The motion was approved by a voice vote. Councillor Logan moved to add the specific numbers into the policy suggested by the Law Department and to have the Law Department fill in the numbers and send a clean copy to the Clerk’s office by Thursday for the Docket. The amendments were for terms – 3 years, meetings – quarterly, Chair designee – planning Director. The motion was approved by a voice vote and amended policy was approved. Councillor Logan moved to approve the policy and send to full council for adoption. The motion was approved by a voice vote. Councillor Logan moved to take the Noise Pollution- Fines off of the table. The motion was approved by a voice vote. Councillor Logan moved to send to the full council for a first reading. The motion was approved by a voice vote. Councillor Logan moved to take the Noise Pollution – Offenses off of the table. The motion was approved by a voice vote. Councillor Logan moved to send to the full council for a first reading. The motion was approved by a voice vote. Councillor Hanley moved to take the parking on private ways Traffic Commissions letter off of the table. The motion was approved by a voice vote. Councillor Hanley spoke on the law opinion. Why can’t we (City) cut trees on private ways but we can tow a car on them? Attorney Laughman stated the statutory provision and the state laws allow this for public safety purposes. Councillor Dunn asked whether if there is a sign up and someone is parking there can you report it. Yes, to the Police Department. The Chair asked the Clerk read the amended language from the law opinion out loud. President McLaughlin spoke and explained the Traffic Commissions reasons for needing to address some streets in the City, especially private ways that lead to busier public roads. It is seen as a public safety issue not a private way issue. Councillor Hanley moved accept the amended language. The motion was approved by a voice vote. Councillor Hanley moved to send to the full Council for a first reading. The motion was approved by a voice vote. Councillor Logan moved to adjourn. The motion was approved on a voice vote and Chairwoman Harris declared the meeting adjourned at 9:50 p.m. Respectfully submitted, Kara Wilson, Assistant City Clerk April 10, 2025