MINUTES FOR OCTOBER 7, 2009 MEETING OF THE ZONING REVISISON COMMITTEE

Attending: Joel Russell, Tom Weiner, Danielle Kahn, Steve Gilson, Dillon Sussman, Dennis Bidwell, Peter McLean, staff representative Wayne Feiden.
Absent: Adin Maynard, Jim Nash

1. There were no public comments.

2. Discussion of Northampton’s current Zoning Ordinance.
Joel, Dillon and Danielle presented an overview or Northampton’s zoning ordinance in three parts. Joel discussed the ordinance itself as a document and how to navigate through it when seeking information. Dillon presented a series of maps of Northampton illustrating various aspects of Northampton’s zoning. Dillon contrasted those maps with the future land use map which reflects the goals of the sustainability plan from Sustainable Northampton. Danielle looked at issues surrounding infill and barriers to pursuing infill when working with current zoning ordinance.


Part 1.
Joel used the attached document titled Elements of Zoning as an outline for his presentation. Joel prefaced his presentation by posing the questions, where could the ordinance be more easily understandable and usable and secondly where could the ordinance be more supportive of sustainability?
It was noted that the copies of the zoning ordinance that committee members were given are not current. Wayne said the planning department is no longer attempting to keep paper copies as the current ordinance is available on line at the city’s website.

Part 2
Dillon presented a series of zoning maps of Northampton illustrating the fifteen zoning districts and their locations. Current zoning boundaries as shown on the maps, and explained by the ordinance’s text and tables, regulate the land use allowed in each district. As land use is currently defined for each district, mixed land use is discouraged. One way Dillon illustrated this was by drawing boundaries around each business district reaching a ¼ mile. The ¼ mile represented a reasonable walking distance. Areas not within the ¼ mile boundary were not within a ¼ mile walk to basic services like convenience stores, restaurants, grocery stores. A significant portion of the land currently zoned residential did not fall within the ¼ mile boundaries. Having zoning that does not allow for, or at least make it easier for businesses to exist within a ¼ mile of residential areas runs contrary to the objectives of the sustainability plan.
Dillon also applied the ¼ mile walking boundaries to the future land use map from Sustainable Northampton. This illustrated that much more of the residentially zoned areas were within the ¼ mile boundaries, but there was still a significant portion of residential land that was not.
Dillon also used two maps to illustrate how zoning districts would have to change from their current designation to be consistent with the future land use map.

Part 3
Danielle used her own home as a potential candidate to create an apartment, generating another living space and thereby promoting infill. Danielle lives in a two family home on Day Avenue that has a spacious attic which could potentially be converted into an apartment.
Danielle illustrated that working through the zoning regulations to figure out what the requirements are to create an apartment, and whether it was possible in her situation was a confusing and difficult process. Danielle also concluded that an apartment could not be added to her home, even with what she thought would be a relatively simple renovation and in a location where infill would meet the objectives of the sustainability plan.
Danielle also gave an example of an existing business building for sale in a residential area. The current zoning did not allow the business to be expanded, nor could living space be added to the building. This was another illustration of a barrier to infill.
Danielle did not get through her material and will complete her presentation at the next meeting.

3. Discussion
Following the presentation there was a short discussion. Joel posed the question, how did having the presentations on the existing ordinance impact our thoughts about our charge and where we want to go?
Steve noted he likes committee process and feels it is and effective way of gathering information and connecting with others. Tom noted that the housing committee continues to have trouble finding a focus as housing touches so much of the sustainability plan and the zoning regulations.
The idea of focusing on a particular part of the city as a kind of laboratory for zoning changes was talked about. Wayne was asked about his recommendation to the housing committee of focusing on the Conz Street area. He said that the area already represents diverse land use and that the area is potentially accepting of suggestions for changes.
The discussion was ended due to running out of time. It was agreed that the discussion would continue at the next meeting following the completion of Danielle’s presentation.
The Joint meeting with the Planning Board on the 22nd of October is cancelled as the PVPC study is not yet prepared for presentation. Next meeting is October 28th, 2009 at City Council chambers.
The meeting was adjourned shortly after 9pm.

Respectfully submitted, Peter McLean


Appendix 1
Elements of Zoning (keyed to Sections of the Northampton Zoning Ordinance)

1. Zoning is permitted under state law (Home Rule Amendment), as limited by specific state statutes, especially Chapter 40A (“Zoning Act”)

2. Zoning is intended to be a way to implement a community’s vision of its future, as expressed in its Master Plan/Comprehensive Plan; Zoning is law; Plan is not

3. Zoning consists of a map and text; text gives significance to the map; map locates what is in the text

4. Zoning Map establishes districts and overlay districts (§350-3)

5. Text describes what is permitted in the districts, generally covering:
• Uses, by district, as well as regulations for specific uses (§350-5, 10, and Attachment 1)
• Dimensional standards (lot size, frontage, setbacks, coverage/open space, height) (6 and Attachment 2)
• Development and performance standards (parking, lighting, signage, landscaping, access, etc.) (7, 8, 11, 12)
• Rules for various special districts, land management activities, development forms, and specific uses (10,13, 14,15,16, 17)
• Rules for non-conforming uses, structures, and lots (9)
• Definitions are very important (2)

6. Text establishes approval procedures, including:
• Building/zoning permits for by-right uses (Bldg Commissioner) (4)
• Site Plan review of by-right uses (Planning Board) (11)
• Special Permit with site plan review (PB, ZBA, or City Council) (10, 11)
• Variances - exceedingly rare (ZBA) (4)
• Appeals (ZBA) (4)
• “Findings” (ZBA – Zoning Admin) (9)
• Rezoning – zoning amendments (City Council with report by PB)(1.4)

7. Zoning is sometimes confused with:
• Building Code (Building Commissioner)
• Subdivision Control Law and Subdivision Regs (Planning Board)
• Wetlands Protection Act (Conservation Commission)
• Historic Districts (Elm Street)
• Other ordinances (Central Business Architecture District, BID)

8. “Conventional zoning” has been criticized for (among other things):
• excessive separation of uses, leading to unsustainable development forms that require automobile dependence and make transit inefficient
• Dimensional standards that do not embody, and may preclude, good design

Appendix 2
Download a .pdf file of the presentations given by Dillon Sussman and Danielle Kahn by clicking on the link below.