ORDNC-2025-1 : Amending Melrose Zoning Ordinance Chapter 235, Articles I-XVI to recodify, or restructure and clarify, the contents of the Melrose Zoning Ordinance.

Transcript (~33 min @ 14:18)

Speakers identified by voice; unnamed voices are numbered within this recording. Auto-caption text — verify against the video.

▶ 14:14 Maya Jamaleddine: And for, um, the record, I would like to read the ordinance that we are discussing. Ordinance 2025 dash one, amending marrow's zoning ordinance chapter, um, 2 35 articles. Um, I ex, uh, uh, five, uh, ex, uh, four or 14, uh, to reify or restructure and clarify the contents of the Melrose Zoning ordinance.

▶ 14:49 Denise Gaffey: Go ahead. Great. Thank you. Um, good evening. It's a pleasure to be here this evening. Um, by way of introductions, I just want for the public to introduce myself and a group up here. I'm Denise Gaffey, the Director of Planning and Community Development. And on my right is Lori Masa. She's the senior planner in the office. And on my left is Jonathan Silverstein. He is a partner with Blattman Brosky, Harvard and Silverstein. And they are, um, a, a law firm that specializes in municipal law and land use real estate law. Jonathan is one of a three member team of consultants that we've worked with. Through this process, we did a obtain a grant, a housing choice grant, um, to, in order to, um, to hire this consulting team. And, um, and Jonathan's here to represent the, the team tonight and answer any, any questions along, along with the staff here. Um, very excited to be here. The, we are, um, we are proposing to reify our zoning. And, um, and that's, um, I know it's an unusual term, but it's a, it's, it's basically means we're, we're attempting to restructure and clarify the zoning provisions and make it, and make it easier to understand. Um, it is a long time coming. Our, the zoning was last reified in 1972, so that's 52 years ago. And, um, by any measure, that is much too long to wait to, to, um, do a process like this. Um, it is a, um, a goal, something we spoke about in our, um, uh, Melrose Ford Master plan in 2017 as a, as a goal. And also, um, we contemplated it as well. In 2004, when we first updated our master plan, um, after many decades, um, in the interim years, we were hard at work doing, um, making many zoning, many adjustments to our zoning ordinance. Um, we have been, um, trying to, um, create zoning regulations that promote smart growth and target, um, target our transit oriented areas in order to, um, promote the kind of growth and development that is consistent with the character of Melrose. Um, but we recently, upon the completion of our housing production plan, we were, um, at a point we, we had a competitive edge toward getting this housing choice choice grant funding. And the first thing we wanted to accomplish was to, to clarify and reify our zoning. Um, so we had been working, um, for several months on this effort, um, with, very closely with members of the planning board, the zoning subcommittee along with our consulting team, and also some stakeholders that we've reached out to. We're really excited to embark on this, this part of this phase of the process where we can engage with the council and with the public and, um, and, and ideally adopt a rectified zoning that, um, the community, you know, can embrace. Um, I'm going to, um, without much further ado, I'm gonna turn this over to Lori Maa. Lori is, um, has prepared slides, a slide presentation that she's gonna walk through. And, um, in addition to being the senior planner, a lot of people don't realize that when Lori started eight years ago, she came on board and worked exclusively with, um, our zoning board of appeals. And prior to that we had a, um, um, we basically, we had a stipend position that, that, um, supported that board and Lori really professionalized that role. And also, um, she's, I would say, uniquely qualified having been on the front lines of dealing with a lot of the, um, residents who come for zoning relief in front of the zoning board appeals, understanding the kinds of concerns that they have and how they can be better served through a reification of our zoning. Um, so without further ado, I'm gonna turn it over to Lori and we're, we'll be happy to entertain, you know, questions, um, when the presentation is complete. Okay.

▶ 18:40 Speaker 7: Thank you Denise. And thank you all for, um, looking over this, um, important proposal that we've put together. Um, so I'm gonna start with the goals of this project. The goals fall into four categories. Um, the first is to make the code easier to navigate and understand. As Denise mentioned, um, the zoning was last reified in 1972 and it needs a lot of spring cleaning. Um, and to do this, we reorganized the text and put it into different system of sections, um, that have a more logical order. We rewrote sections that were difficult to understand or could have multiple interpretations. We remove some sections that are no longer relevant or impossible to use. Um, we modernized the language that, um, you know, was written in 1972. We added diagrams to help it easier to understand the dimensional regulations. And we'll go through examples of these specific, um, goals as we go through the presentation. The second goal was to codify current practices, um, that the board impose on projects through zoning permits, like special permits, um, site plan approval and, um, variances. Um, and so we can codify those practices into the zoning ordinance. Three, we're making changes that to have our local, um, regulations comply with state law and case law. Um, that's always kind of changing, um, how zoning can, can regulate uses and dimensions and, and all the other things that, um, zoning is meant for. Um, and four, we wanna have an organized code so that we can have future zoning amendments that are easily incorporated into this document and understanding, you know, what is in there right now. Um, 'cause a lot of regulations are buried and attaching new things onto it can be conflicting. Um, so we wanna make sure we note that we're not proposing to change any of the zoning boundaries with this proposal. So all the zoning districts will remain the same. All the lines remain the same, we're not changing the map. Um, and there aren't any major policy changes related to dimensional requirements or uses allowed in each of the districts.

▶ 21:02 Speaker 8: So here's the, uh, guide to the current code

▶ 21:04 Speaker 7: to understand some of the challenges. Um, if you wanna do specific things, um, to your property. So first example, if you wanna build a house on a vacant, um, on vacant parcel in the city, to find the lot with requirements alone, you have to go to the frontage definition a lot with definition, the dimensional table, and then additional density and, uh, dimensional and density regulations. So it's a lot to look for and they're not cross-referenced. Um, if you wanna expand your driveway, you have to go to these four kind of unique sections of the code, um, which you know, aren't, again, cross-referenced. Um, you want to add an addition to your house and you need a variance to extend an existing nonconforming side yard. You have to go to the variance section, which is actually under the special permit section as the title, um, which is a totally different kind of zoning permit. Um, you have to look to the zoning board of appeal section and the special permit granting authority section. Um, if you wanna install a pool and you wanna know the regulations around that, you have to dig and go to the footnote two of the accessory building and other structures table, um, which is, you know, I would never kind of connect those two things. Um, and next is, if you wanna find all the allowed uses of that are allowed for your property, you go to the use table and then a whole host of sections. Um, some of the uses have their own article to say what those regulations are. Some of those use, um, standards are in the use section and some of them are in the definitions, so they're kind of all over the place. Um, if you wanna install a fence on your property to find the height, you have to go to the use table. So the ordinance kind of n is uses and dimensions in multiple sections. Um, so it's very hidden. And then there's also a component, um, of fence height and the density and, um, dimensional regulations.

▶ 23:13 Speaker 7: Um, so here's an overview of the process that we've gone through for this effort. Um, Denise mentioned the housing choice grant that we applied for and received, um, from the Executive Office of Housing and Livable Communities. Um, we were eligible for this grant because we're a designated housing choice community for the planning work and housing production that the city has done. We hired, uh, community scale, um, LLC, which was comprised of two planners. And we have the privilege of having, um, Jonathan Silverstein with us tonight who's a leader in, um, zoning and, and land use law. We worked with our zoning subcommittee of the planning board, um, and we're lucky to have a very qualified group of professionals on, um, our boards who are really dedicated to the city and it's a pleasure working with them. Um, so we had, uh, NES Nelson from community scale conduct one-on-one interviews with stakeholders, uh, to generate some feedback on the existing issues with the code. Those stakeholders are very familiar with the zoning ordinance, and so it was a good group to, um, to ask for feedback. And we'll get into that a little bit more in the next slide. Um, we met with the building commissioner and the building inspector to review and incorporate their comments and go through the, the code with them. Um, and they'll be glad to have a cleaned up version of the zoning ordinance. Um, we posted the materials on the website and communicated through the, um, Melrose Weekly and the the week ahead email. Um, and now we're starting, this is the start of the public hearing process to get feedback about the code. Um, next steps is the planning board will meet and they'll discuss what, um, the comments were as part of this meeting tonight, and then make a recommendation to, with a final recommendation back to the city council. Um, and then under the law from the close of the public hearing, the council has 90 days to vote, um, on the proposal.

▶ 25:14 Speaker 7: So, um, here's the slide to give you an idea of what the feedback that we heard from stakeholders. Um, we invited architects, developers, land use attorneys, planners, board members, um, to get their take on issues with the code because they are users of the code and it's, uh, pretty nuanced thing. So some, um, topics that we heard from them, um, were to switch the way that definitions are listed. So take out the comma so that it's, there's a more intuitive search when you're looking for a certain thing. Um, and also with the online version, you, you know, wouldn't think necessarily think to write building accessory, but you write accessory building. Um, we're clarifying the difference between basement and cellar, which work closely is like splitting hairs and the zoning, looking at those two definitions. So make that easier to, um, interpret for. They impact the gross gross floor area of buildings and the height in terms of number of stories. Improve the definition of pool to be clear about pools versus hot tubs. Streamline the process so cases are not shared between the zoning board and planning board. Clarify that residential units are not allowed on the ground floor of mixed use buildings. Include visual diagrams to explain complicated issues such as how corner lot illustration is helpful. Um, include zoning map with the ordinance on E code 360, which is the site that we use to host the, the city regulations. Um, put the tables in the right spot, the link to the tables in e code 360. And then the stakeholders also gave us ideas about what they'd like to see for future zoning amendments. So we were able to incorporate, um, this feedback into the proposal, um, that we have before you. Um, we do need to check with e code 360 on the location of the links, um, which we'll have to do when we, you know, if we submit this proposal for an update.

▶ 27:18 Speaker 7: So the next few slides are examples of how we clarified and modernize the language in the zoning ordinance. Um, so the top of this slide has the current regulations for permitted uses. And the text in the box, um, is referring to, there's a reference to a property with frontage issues and infrastructure availability, um, and requiring a zoning, uh, special permit for uses on that kind of a land. Um, so there's a case law that says that you can't require a special permit for those, um, circumstances. So we removed that and then also broke down the paragraph, um, because there's a lot of long sentences in the zoning. So it broke down the paragraph into a list structure so you can actually, you know, more easily see what's what's hidden in, in that regulation. Um, next is the regulation that, um, only allows one principal structure per lot, um, which is, again, very hidden. Um, and we've pulled that piece of it to the front of the regulation and then removed, unrelated, you know, or shifted, um, other regulations into other numbers. So they're more of a listed or removed stuff that we've taken out. 'cause it's not no longer applicable. Um, I had a discussion with the building commissioner this morning on this one 'cause you know, it's like, I know it's in here, but I can't find it. And, you know, it's, it's, it's sometimes impossible to actually see it when it's buried in paragraphs like this.

▶ 29:02 Speaker 7: So we, um, also modernize language in the code. So the first example here is the definition of a garage. And, um, it's talking about a motor vehicle, which is contains flammable fluids, um, in its fuel storage tank. So it doesn't allow for electric vehicles, um, in the, in the definition. So it would change that. Um, the second one is talking about, um, permit time limits and having the zoning board of appeals be able to grant extensions for building permits, um, which exceeds the state law. And, um, so we wanna remove those kinds of, of things from the code. Um, next on this slide is updating the state's housing office title that moved, uh, changed from DHCD to, uh, E-O-H-L-C. So making changes like that. Um, and then another similar one was the planning board was referred to as a site plan review committee when issuing site plan approval. Um, and the term just never kind of caught on in use and, and isn't needed. So that kind of thing was, um, changed. So the next several slides go through each article of the zoning and, um, you can see how the new code is structured. So the, um, on the left is the table of contents of the proposed code, and in the middle is the table of contents of the existing code and the arrows show of the how the sections moved from, from the old into the new. Um, so this is article one, the introductory provisions and the accomplishments that we were, that we got from cleaning up this section were, um, reorganization that follows a more logical structure. We, um, updated modernized the, the purpose section of the zoning ordinance to reflect the city's current values and priorities. Any language that was duplicative in different sections, we consolidated. And so there's, it's a shorter, shorter document. Um, article two is DEF definitions. Um, in this section, as I mentioned with the stakeholder feedback, we removed the comma between terms and switched the, um, the order. So for example, um, principle building versus building comma principle, we clarified the dimension, the definitions of basement cellar, story mezzanine. Um, the frontage definition was augmented to ensure that frontage is not illusory. We changed the definition of street to be consistent with the subdivision control law. There was a term building line in the, in the code, which was used in different ways and confusing. So we removed that and replaced it with something, you know, with terms that, um, made sense. We, um, clarified the lot line at setback definition added definitions for mixed use, green building and sustainable design practices, um, transportation demand management plan and tandem. And then there were a lot of, um, use and dimensional regulations in the definitions. And so we relocated those to relevant sections. Article three, administration and enforcement. Um, this had a lot of moving around, shifting from different sections. Uh, in this reorganization, we, um, added a section for the planning board responsibilities in the same way that the zoning board, um, has those regulations in the, in the code, we removed the application requirements and put those into rules and regulations for the zoning board and planning board. Um, in, in that way the boards can, um, vote during their meetings to change. Um, for example, you know, number of copies of hard copies, um, or change things. As technology, um, changes in wanting different information for evaluating projects, we change the zoning. Um, the daily zoning violation fee fined from 100 to $300 per day, which is in the, the state law clarified the site plan review section for when site plan review is required. Um, we decreased the size of, um, of additions to structures that require site plan approval. This is a request from the building commissioner. So there was more oversight over changes to structures. Um, we increased the site plan approval expert, uh, expiration timeframe from two to three years, which is consistent with the site plan, uh, approval timeline. And often projects have site, site plan approval and special permit, um, at the same time. So made those consistent. Um, we clarified how revisions to approve plans are handled, and we made sure the variance findings were, um, consistent with state law.

▶ 34:14 Speaker 7: So article four is the zoning districts. Um, in this section we added descriptions of the city zoning districts, uh, to clarify their primary purpose. We get a lot of people asking, what does it mean? What does URA mean? And so now there's, um, some more, um, in the code that explains the, the differences between the different, um, zoning districts. A section was created to list all of the overlay districts together, and regulations were added for how to deal with parcels and two zoning districts or municipalities. Article five is the use regulations. So all the standards for the uses are now reloaded, relocated to this section. Um, we clarified the language about the number of bedrooms and affordable, um, units being similar in ratio to the market rate units. It was in there as, um, the sizes of the units needs to be comparable, which we always interpreted to be the number of bedrooms, but we just, those are the kinds of changes we made. Made sure we're clear in the actual code. Um, and then when the monetary contributions for affordable housing, um, are submitted,

▶ 35:27 Speaker 7: Article five is also the link to the use table. Um, so for the table we added a key, so you know what those symbols mean in the, the in the table. Um, we added cross sections so that you know where to go and the, if there's more detail in the text of the code, the footnotes were shifted into the table so that they're easier to find. Um, we included physical therapy under the personal and consumer service establishment, since this is a use, um, that's common and could be interpreted to be in another, uh, category. So we wanted to make sure to put that one in. Um, and we clarified how mixed uses are allowed in the city.

▶ 36:11 Speaker 7: Article six is the dimensional regulations. Um, in this section, all of the dimensional regulations for principal structures were, were pulled into the section. Um, the lot with regulation was clarified. The current wording has multiple interpretations, and an un unfortunate building form, um, can result from, it's like a triangular back to the, to a building, um, to try to comply with that. The way that it was written before, um, the, we fixed a slope protection calculation symbol had changed on the online version of the code. Um, supposed to be a division and changed a plus minus, uh, and then diagrams were added to the dimensional section. Um, so these are the diagrams looking at half story lot width, slope protection, fence height and corner and non corner lots. And, um, dimens, uh, dormer lengths and, and setback requirements.

▶ 37:12 Speaker 7: And then the dimensional table, we added some cross references to the table and cleaned up the footnotes, moving them to locations that were more visible and making sure that the, the footnotes related to, um, the text in the code. Article seven is the overlay district regulations. Um, so we pulled these all into one section so that they're easy to, to find and distinguish from the base district regulations and regulations that were in the overlays that are also in the general code, like affordable housing bike parking, parking reduction sections were, um, removed from those sections so they weren't duplicated and just, and cross-referenced. And the flood floodplain regulations were consolidated. Article eight, um, is special development regulations that, um, apply to some of the districts are now in one section. So again, they're distinguished from the base district regulations.

▶ 38:15 Speaker 7: Article Nine is development standards. Um, these regulations were buried and multiple places, places in the ordinance. Um, so they were pulled out to one new section. Um, hot tub was included with pool. Um, there was, we also added an allowance for a setback of six to 10 feet by special permit as opposed to variance. Um, because the site conditions make a lot of difference with these structures, as we've seen over the years with, um, variances for pools and hot tubs. Um, and so the special permit findings kind of are better fit for that kind of situation. Um, and we added that, um, these things cannot be, cannot be put in front yards. Um, and then to maintain a pedestrian oriented street scape, the accessory structure regulations were revised to clarify that they're not allowed to be located, um, in front of principal structures.

▶ 39:15 Speaker 7: Article 10 is signage. Um, we remove the gas station specific signage to, um, so that the regulations are content neutral, which is a requirement of a recent case case law. Um, the gas station sign changes, um, have required variances anyway, um, and it's unlikely that we'll get another gas station, um, opening in Melrose. So the board didn't see this as a material change by removing them,

▶ 39:50 Speaker 7: Uh, to Article 11 is, um, parking. So the, the parking requirements for, um, commercial uses and mixed use. So residential and commercial use buildings was removed to reflect that the planning board has always approved these types of developments without dedicated parking. Um, because of the benefits of, um, benefits and functionality of of shared parking for these specific types of developments. Um, bike parking requirements were added from multifamily and commercial commercial uses. Um, with help from the, um, Melrose Pet Bike Committee overlays, um, already required bike parking and the planning board always requires it during site plan approval. Um, we added regulations, um, that driveways in residential districts within one foot of a property line must be surfaced with a pervious material to reduce runoff to neighboring properties, which was a request of the building inspector or the building commissioner. Um, and last, um, is the non-conformance section. So this, um, section was rewritten to conform with state law and to allow for minor changes to be by right while most changes to nonconforming structures will require a special permit as opposed to variances, um, to allow for changes to nonconforming dimensions and uses. So to give you an example, um, a BuyRight change with the this new section, um, would allow for installing a, a compliant dormer on your house. Um, so you're not changing, you know, the overall height or, or setback, um, or if you're adding a rear addition and extending a nonconforming, um, side yard by, by adding that addition. Um, but the addition has to be 75%, um, of that setback. So for a URA that would be, it has, it would have to be seven and a half feet from the, the lot line, the requirement is 10. So this allows for, um, some change but not changes that are so close. You know, if you have an existing house that's three feet from a side yard setback, we didn't wanna, um, allow someone to extend that house backward back into the lot. Um, 'cause that's a, you know, a very, um, shallow setback. So there's some, um, there's review over, you know, if it was three feet, it would have to go to get a special permit from the zoning board of appeals. Um, but you know, the, the big change is that, um, alterations to nonconforming structures right now require variances, which actually isn't allowed under state law. So we're, we're making that, um, not change.

▶ 42:38 Speaker 7: These are sections that were removed from the code. Um, and the reduction in the number of pages is a benefit because there's less to, to sort through. Um, the temporary moratorium is no longer applicable because the city has rules for marijuana establishments. So the moratorium isn't in use. Um, filling of water body regulations are under the Wetlands Protection Act and the regulated by the Conservation Commission. Uh, clustered development, planned unit developments and earth removal and fill sections aren't possible or relevant, um, considering building and development patterns in Melrose today.

▶ 43:21 Speaker 7: So the planning board is going to meet, um, on next Monday the 26th and discuss comments, um, raised during this public hearing. And we'll submit a report, um, with the final recommendations to the city council. So some possible edits, um, that the, the planning board, um, that would like them to consider are, um, the following. So the sign section, um, counselor m um, brought up questions of, um, about the signage, regulations, and enforcement issues. So we took a closer look at this section and found, um, some ways that we could improve it. So we would like for the planning board to discuss consolidating unlit non-business signs or banners, which are signs, um, like community event signs, political signs, yard signs, garage sale, real estate signs, construction signs, those kinds of yard signs. Um, removing the setback from the front line and time limit requirements to ensure we have the, um, we're not limiting freedom of speech we added. Um, we'll propose adding minimum size limit for the total amount of signage to 18 square feet to have some, um, limit if there's an issue of blight on somebody's property. Um, we wanna clarify that small up to one square foot. Identification signs do not need a permit. Uh, remove the requirement that civic organizations need a special permit from the zoning board to install signs at the city boundary line, which has never happened. Um, we wanna remove or allowance, allowance for 40 square foot, um, signs and residential districts, which is currently allowed for, um, schools and municipal buildings, houses of worship and community facilities. Um, because making that content neutral will create an allowance for, um, other kinds of use uses to have really big signs in the residential districts. Um, and there is an allowance for 10 square foot signs, um, that's existing in the code so that that will be big enough. Um, and then, um, we found a few more spots where we can do some wordsmithing to further clarify, um, and we'll identify those in the final draft, um, submitted to the city council.

▶ 45:46 Speaker 8: Um, so to conclude the presentation, I'm gonna go through just those scenarios again of

▶ 45:52 Speaker 8: how people can use the zoning ordinance

▶ 45:53 Speaker 7: and the section that they would need to go to, um, with this reified code. So if you wanna build a house on a vacant lot, um, to find the lot with requirements, you go to the dimensional table and that would point you to the right spot in the dimensional regulations specifications to find the lot width. Um, if you wanna expand your driveway, you go to the driveway section and then that section refers you to parking and loading specifications and impervious surface regulations. If you wanna add an addition to your house, um, you need a special permit, not a variance to extend an existing non-conforming side yard. You go to the special permit section

▶ 46:30 Speaker 8: and the public hearing review procedures.

▶ 46:32 Speaker 7: If you wanna install a pool at your house, you go to the swimming pool in hot tub section. If you wanna allow, see all the allowed uses on your property and regulations for those uses, you go to the use table and then that will refer you to standards for certain uses that have other regulations surrounding them. Do you wanna install a fence on your property? Um, you go to the fence and wall section. Um, so we we're fortunate to have a great team to work with on this effort. Um, we're available to answer your questions, um, tonight and look forward to more, uh, engagement, um, to hopefully get an approval for this much improved zoning ordinance. Thank you.

▶ 47:11 Maya Jamaleddine: Thank you for the presentation. Um, we will, uh, if there is no objection, I would like to make a motion, uh, by unanimous consent to, for recess to go for, uh, for, uh, consult. And then we'll be back to the, um, uh, committee meeting.