AGENDA

LAND USE COMMITTEE MEETING

FEBRUARY 13, 2003

COUNCIL CHAMBER

Convened: 5:37 p.m.

Adjourned: 7:29 p.m.

 

Present were:      Chairperson Councillor Stephen T. Patton

                             Councillor Joseph M. Petty

                             Councillor Paul P. Clancy, Jr.

                             Councillor Philip P. Palmieri

                             Councillor Barbara G. Haller

 

Also:           Chief Development Officer Phillip J. Niddrie

Code Commissioner Jill Dagilias

                   Code Assistant Commissioner David Holden

                   Regulatory Services Staffperson Jodi Kennedy Valade

                   Regulatory Services Staffperson Kathleen Donovan

                   DPW Staffperson Paul Moosey

                   Director of Housing Scott Hayman

                   Deputy City Solicitor Michael Traynor

                   Director of Planning Joel Fontaine

                   City Clerk David J. Rushford, clerk

 

Code Commissioner Jill Dagilis provided the Committee with an overview of the updated text of the proposed new zoning ordinance, a copy of which is attached herewith.

 

1.                 Communication of the City Manager transmitting communication relative to Comprehensive Zoning Ordinance.

#6A CM  January 28, 2003

Recommend Hold

 

Chairman’s Order request the Administration provide the City Council with a report explaining why an overnight limit of eight (8) nights is included in the section referencing bed and breakfasts in the updated text of the proposed new zoning ordinance.

 

Chairman’s Order request the Administration provide the City Council with a report on the 80% median income referenced in the definitions section of the updated text of the proposed new zoning ordinance.

 

Chairman’s Order request the Administration provide the City Council with copies of the texts of zoning ordinances concerning yard sales in other urban communities.

 

Chairman’s Order request the Administration provide the City Council with language that would specifically address the issue of businesses in residential districts.

 

Chairman’s Order request the Administration provide the City Council with a report concerning changing language in table 4.1, lines 12, 14 and 16 across four zones.

 

Chairman’s Order request the Administration provide the City Council with a report concerning a change in language to table 4.1, line 8 concerning lodging houses.

 

Chairman’s Order request the Administration provide the City Council with a report a zoning definition of the term community garden.

 

Chairman’s Order request the Administration provide the City Council with a report concerning changing language in table 4.1, line 3, 9 and 12 concerning clinics and sanitariums.

 

Chairman’s Order request the Administration provide the City Council with a report concerning changing language in table 4.1, line 9 in all residential districts.

 

Chairman’s Order request the Administration provide the City Council with a report concerning requiring playgrounds to be constructed in the process of granting sub-division approval.

 

Chairman’s Order request the Administration provide the City Council with a report concerning changing language removing the exemption allowed sub-divisions as defined on page 59, in section 5, section 1 (1) (b) of the proposed new zoning ordinance.

 

Chairman’s Order request the Administration provide the City Council with a report explaining how the City may handle complaints under sub-division and public ways jointly.

 

Chairman’s Order request the Planning Board review their Rules and Regulations concerning requiring shade  trees in sub-divisions and report their opinions to the City Council. 

 

COMMUNICATIONS OF THE CITY MANAGER

 

2.       Relative to Comprehensive Zoning Ordinance.

#7D CM  June 11, 2002

In Committee September 18, 2002 - Held

In Committee September 30, 2002 - Held

In Committee October 10, 2002 - Held

In Committee October 24, 2002 - Held

In Committee November 14, 2002 - Held

          Recommend Hold

 

3.       Relative to Law Concerning Unrelated Persons Occupying Premises.

#16D CM  June 25, 2002

In Committee September 18, 2002 - Held

In Committee September 30, 2002 - Held

In Committee October 10, 2002 - Held

In Committee October 24, 2002 - Held

In Committee November 14, 2002 - Held

          Recommend Hold

 

4.       Relative to “Item for Sale” Lawn Signs in a Residential Area/Yard Sales in a Residential Area.

#15A CM  July 16, 2002

In Committee September 18, 2002 - Held

In Committee September 30, 2002 - Held

In Committee October 10, 2002 - Held

In Committee October 24, 2002 - Held

In Committee November 14, 2002 - Held

          Recommend Hold        

 

5.       Relative to Seasonal Sidewalk Sales and Yard Sales.

#15B CM  September 3, 2002

In Committee September 18, 2002 - Held

In Committee September 30, 2002 - Held

In Committee October 10, 2002 - Held

In Committee October 24, 2002 - Held

In Committee November 14, 2002 - Held

          Recommend Hold

 

6.       Relative to Discussion Points from the Chairman of the Planning Board Regarding the Zoning Ordinance.

          #8C CM  October 15, 2002

In Committee October 24, 2002 - Held

In Committee November 14, 2002 - Held

          Recommend Hold

 

7.       Relative to Manufacturing Zones.

#7F CM  September 24, 2002

In Committee November 14, 2002 - Held

Recommend Hold

 

8.       Relative to Developers Compliance with Subdivision Requirements.

#23F CM  September 24, 2002

In Committee November 14, 2002 - Held

          Recommend Hold

 

9.       Relative to Protocol for Maintaining Dumpsters Located on Private Property.

#21B CM  October 15, 2002

In Committee November 14, 2002 - Held

          Recommend Hold

 

10.     Relative to Copies of State Building Code – Pertaining to Group Residences and Group Dwelling Units.

#6A CM  October 29, 2002

In Committee November 14, 2002 - Held

          Recommend Hold

 

11.     Relative to identifying social service and state non-profit agencies taken from the list identifying all of the City of Worcester’s non-taxable properties.

#18A CM  February 26, 2002

          Recommend Hold

 

12.     Relative to Community Preservation Act.

#17A CM  February 27, 2001

In Committee November 28, 2001 – held

In Committee April 2, 2002 – held

Recommend Hold

 

13.     Relative to Community Preservation Act, Borrowing – Inside or Outside of Debt Limit.

#26A CM  April 13, 2001

In Committee November 28, 2001 – held

In Committee April 2, 2002 – held

          Recommend Hold

 

14.     Relative to Minimum Allowable Percentage that may be adopted for the Community Preservation Act.

#26B CM  June 12, 2001

In Committee November 28, 2001 – held

In Committee April 2, 2002 – held

          Recommend Hold

 

15.     Relative to Real Estate Taxes under Various Surcharges of the Community Preservation Act including Exemptions.

#4A CM  June 19, 2001

In Committee November 28, 2001 – held

In Committee April 2, 2002 – held

          Recommend Hold

 

16.     Relative to the List of the Annual Revenue Lost from acquisition of taxable properties by exempt organizations.

#4A CM  March 19, 2002

          Recommend Hold

 

17.     Relative to a letter sent to Worcester’s college presidents and hospital CEOs regarding that they keep any new property acquired on the City tax rolls.

#29C CM  March 19, 2002

          Recommend Hold

 

18.     Relative to Exempt Properties 1991 to 2001, also New Construction on Exempt Properties.

#4A CM  April 23, 2002

          Recommend Hold

 

19.     Relative to the Amount of Revenue Collected Through the Worcester District Registry of Deeds. (Community Preservation Act)

#26C CM  April 23, 2002

Recommend Hold

 

20.     Relative to $5,008,260.00 in Surcharges Collected by the Worcester Registry of Deeds.

#26A CM  May 28, 2002

          Recommend Hold

 

21.     Relative to Tax Exempt Comparison to other Cities.

#4E CM  June 11, 2002

          Recommend Hold

 

22.     Relative to Group Homes – Neighborhood Notification.

#16C CM  April 23, 2002

          Recommend Hold

 

23.     Relative to the property located at 380 Lake Ave.

#18F CM  April 2, 2002

Recommend Hold

 

24.     Request adoption of the order transferring the jurisdiction of and authorizing the disposition of the foreclosed property at 380 Lake Ave.

#33 CC  April 2, 2002

          Recommend Hold

 

25.     Relative to Main South CDC Properties. (amount of real estate taxes paid)

#4C CM  June 11, 2002

          Recommend Hold

 

26.     Relative to Taxable Properties Purchased by UMass Memorial.

#4H CM  June 11, 2002

          Recommend Hold

 

27.     Relative to Indian Hill School Sale – Remaining Land.

#16C CM  June 11, 2002

          Recommend Hold

 

28.     Relative to Definition of Group Homes.

#16A CM  November 12, 2002

          Recommend Hold

 

29.     Relative to Number of Unrelated Individuals Living in a Housing Unit.

#16C CM  November 12, 2002

          Recommend Hold

 

30.     Relative to Zoning Ordinance Amendment – Floodplain Overlay District.

#6B CM  January 7, 2003

          Recommend Approval

 

31.     Relative to an opinion whether a proposed zoning amendment which would prohibit Single Family semi-detached Dwelling Units in RS-7 and RS-10 Districts is applicable to the subdivision development known as Roda Estates.

#16D CM  January 14, 2003

          Recommend Hold

 

OTHER ITEMS

 

32.     The Report of the Committee on Housing and Neighborhood Revitalization Upon the Communication of the City Manager relative to Article VII – Inclusionary Zoning and Density Bonuses to Promote Affordable Housing.

#58 CC  February 5, 2002

In Committee September 18, 2002 - Held

In Committee September 30, 2002 - Held

In Committee October 10, 2002 - Held

In Committee October 24, 2002 - Held

In Committee November 14, 2002 - Held

          Recommend Hold

 

33.     The Report of the Planning Board Upon the Order of Councillor Stephen T. Patton requesting the Zoning Ordinance be amended so that Table 4.1, line 12 is changed so that semi-detached dwellings known as duplexes are no longer “allowed by Special Permit” in RS-10 and RS-7 zones and are instead designated as “not allowed”.

#106 CC  June 25, 2002

In Committee September 18, 2002 - Held

In Committee September 30, 2002 - Held

In Committee October 10, 2002 - Held

In Committee October 24, 2002 - Held

In Committee November 14, 2002 - Held

Recommend Hold

 

34.     Chairman’s Resolution that the City Council and it’s Land Use Committee begin review of the Zoning Map.

#63 CC  November 26, 2002

Recommend Hold