~ SCHLESINGERAND

_BuCHBINDER, LLP
ATTORNEYS AT LAW
STEPHEN J. BUCHBINDER 1200 WALNUT STREET
ALAN J. SCHLESINGER
NEWTON, MASSACHUSETTS 02461-1267
LEONARD M. DAVIDSON
TELEPHONE (617) 965-3500
A. MIRIAM JAFFE
~_sab .. la'\N.colT1.
SHERMAN H. STARR, JR.
JUDITH L. MELIDEO-PREBLE
BARBARA D. DALLIS
PAULN. BELL
KATHERINE BRAUCHER ADAMS
FRANKLIN J. SCHWARZER
RACHAEL C. CARVER
Email: s jbuchbinder@sab-Iaw.com
ADAM M. SCHECTER

October 25,2019
BY HAND and BY EMAIL

Ms. Nadia Khan

Committee Clerk
Newton City Council
1000 Commonwealth Avenue
Newton, Massachusetts 02459-1449

Re: Riverside/Revised Proposed Text Amendments to Mixed Use 3/TOD Sections 4.2 and 7.3.5

Dear Nadia,

I am enclosing herewith revised proposed text amendments to Sections 4.2 and 7.3.5, respectively, of the
Newton Zoning Ordinances. I have included both red-lined and clean copies of each. The red-lined copy of Section
4.2 reflects changes to the Planning Department draft of October 11,2019. The red-lined copy of Section 7.3.5 reflects
changes to the current text. I have also enclosed a companion sketch plan entitled "MU3/TOD Plan, Grove Street,
Newton, Massachusetts" dated October 25,2019 by VHB.

Over the past several months, Mark Development has been engaged in extended discussions with
representatives of the Lower Falls Improvement Association ("LFIA") in an effort to craft amendments which will be
reasonably acceptable both to the developer and to the LFIA. The developer is submitting the revised proposed text
amendments today in order to have the same considered by the Zoning and Planning Committee at its meeting this
coming Monday evening. However, the LFIA has not as yet had an opportunity to consider the same fully.

The significant aspects of the revised proposed text amendments include the following:

1. A reduction in density from 1,234,000 square feet to 1,025,000 square feet of which 60% shall be
residential and 40% shall be commercial.
2. The establishment of maximum heights and minimum setbacks along the Grove Street corridor.

We iook forward to an ongoing dialogue respecting these revised proposed text amendments.

Sincerely,

Sm/mer
Enclosures
SCHLESINGER AND BUCHBINDER. LLP

Ms. Nadia Khan

October 25, 2019

Page 2

cc: (By Hand, w/enclosures)

Councilor Allan L. Ciccone, Jr.
Councilor Alison M. Leary
Councilor Maria Scibelli Greenberg
Councilor Susan S. Albright
Councilor Jacob D. Auchincloss
Councilor Emily Norton
Councilor James R. Cote
Councilor Andrea W. Kelley
Councilor Barbara Brousal-Glaser
Councilor Joshua Krintzman
Councilor Leonard 1. Gentile
Councilor Christopher 1. Markiewicz
Councilor Deborah 1. Crossley
Councilor Andreae Downs
Councilor John B. Rice
Councilor Victoria L. Danberg
Councilor Gregory R. Schwartz
Councilor Brenda Noel
Councilor Marc C. Laredo
Councilor Rebecca Walker Grossman
Councilor R. Lisle Baker
Councilor David A. Kalis
Councilor Richard A. Lipof
Councilor Cheryl Lappin
Mr. James Freas

(By Email w/enclosures)

Ms. Barbara Gruenthal
Ms. Liz Mirabile
Mr. Robert Korff
Michael Scott, Esquire
 DRAFT - 10/25/2019

4.2. Mixed Use Districts

4.2.1. District Intent

A. Mixed Use 1 and 2 District. No Changes

B. Mixed Use 3/Transit-Oriented Development. The purpose of the Mixed-Use 3/Transit-

Oriented district is to allow the development of a mixed-use center on a parcel of no less
than 11 acres near the terminus of a mass transit rail line, an interstate highway, a
scenic road, and the Charles River, commonly referred to as the Riverside MBTA
station, pursuant to the City's Comprehensive Plan, particularly the mixed-use centers
and economic development elements. This district shall encourage comprehensive
design within the site and with its surroundings, integrate complementary uses, provide
enhancements to public infrastructure, proVide beneficial open spaces, protect the
Newton Lower Falls and Auburndale neighborhoods from impacts of development, allow
sufficient density to make development economically feasible while ensuring that the
district is appropriately designed and scaled, foster use of alternative modes of
transportation, and create a vibrant destination where people can live, work and play.

C. Mixed Use 4 District. No Changes

4.2.2. Dimensional Standards

A. Applicability.
1. No Changes
2. Where more than one dwelling unit is provided on a lot in certain Mixed Use
districts, the following residential density control shall apply:
Mixed Use District MU1 MU2 MU3/TOD MU4
Lot Area Per Unit 10,000 sf 10,000 sf 800 sf 1,000 sf
(min )

3. No Changes

B. Approval Process.
1. Special Permit Required. No Changes
2. Site Plan Review Required. No Changes
3. Stories. No Changes

4.2.3. All Building Types in Mixed Use Districts

No changes in the dimensional table, except:

Height (max) - 36' by-right; up to 170' by special permit (see Section 4.2.4.A)
Stories (max) - 11

Floor Area Ratio (max) - up to 36' = 1.0; up to 170' = 2.5

4.2.4. Additional Standards in MU3ITOD

1
 DRAFT - 10/25/2019

Any development permitted by special permit must meet the following requirements and the
requirements of Sec. 4.2.3. The City Council may grant a special permit to allow exceptions
to the by-right dimensional standards of the MU3ITOD, provided that the requirements of this
Sec. 4.2.4. are met and no dimension exceeds those allowed in Sec. 4.2.3 for the mixed-use
development special permit.

A. Building Height and Setbacks.

Notwithstanding anything to the contrary in Section 4.2.3, buildings in the MU3ITOD

district shall conform to the following:

1. Grove Street Corridor Height.

a. For purposes of Section 4.2.4.A.1 :

i. Building Height from Grove Street Corridor shall mean, for buildings
located along the Grove Street Corridor, the vertical distance
between the lowest grade of the Grove Street right of way line within
the Grove Street Corridor closest to the subject building at a point
perpendicular to the relevant building to the highest point of the roof,
excluding parapets, HVAC equipment, elevator overrides and
elements, stair towers, and the exclusions from height set forth in
Section 1.5.4.A.1.a through d.; and

ii. Grove Street Corridor shall mean that portion of Grove Street shown
on the plan [insert reference to VHB Plan] (the "MU3ITOD Plan") as
the Grove Street Corridor.

b. Buildings along the Grove Street Corridor that are located within Zones A
through E shown on the MU3ITOD Plan shall be subject to the following
maximum Building Heights from Grove Street Corridor:

Zone Maximum Building Height from Grove Street Corridor

Zone A 74 feet, provided that the top story is set back a

minimum of 10 feet from the building fa9ade along
Grove Street

Zone B 64 feet, provided that the top story is set back a

minimum of 10 feet from the building fa9ade along
Grove Street

ZoneC 50 feet

Zone D 55 feet

Zone E 76 feet, provided that the top story is set back a

minimum of 10 feet from the building fa9ade along
Grove Street

2. Heights Elsewhere in the MU3ITOD District.

2
 DRAFT - 10/25/2019

a. For all buildings in Zone F on the MU3fTOD Plan, the maximum height shall
be 70 feet excluding parapets, HVAC equipment, elevator overrides and
elements, stair towers, and the exclusions from height set forth in in Section
1.5.4.A.1.a through d.

b. For all buildings in the MU3fTOD district not located in Zone A, Zone B,
Zone C, Zone D, Zone E or Zone F, the maximum building height shall be
170 feet, including all rooftop mechanical structures, whether or not
enclosed.

3. Special Permits for Modification of Height. In accordance with the procedures

provided in Section 7.3, a special permit may be granted by the City Council to allow
for increases to (a) Building Height from Grove Street Corridor for buildings in Zone
A, Zone B and Zone E of no more than 4 feet, and (b) height for buildings in Zone F
of no more than 4 feet, if the City Council finds that the proposed buildings are
consistent with and not in derogation of the size, scale and design of other
structures. In no event shall any such increases result in an increase in the
maximum gross floor area permitted under Section 4.2.4.G.

4. Setbacks in the MU3fTOD District.

a. Any structure or building must be set back a minimum of 25 feet from the
development parcel perimeter lot line along Grove Street that is not within a
state-highway right-of-way or land owned by a Commonwealth of
Massachusetts instrumentality. Balconies, canopies, and minor architectural
features may project into the setback, and pedestrian and bicycle paths may
also be located within this setback. In accordance with the procedures
provided in Section 7.3, the City Council may grant a special permit to allow
a reduction in this minimum setback to 20 feet only in Zones C, D and E on
the MU3fTOD Plan if it determines that the proposed setback is adequate to
protect abutting uses.

b. A principal building that fronts on Grove Street must be a minimum of 15

feet from any other principal building in the district that also fronts on Grove
Street.

c. There are no other required setbacks in the MU3fTOD district.

B. Beneficial Open Space Open to the Public. At least 42,450 square feet of the beneficial
open space required by Sec. 4.2.3 for a mixed-use development must be freely open to
the public. Any portion of the beneficial open space designated as open to the public
must be (i) at least 400 sf of area and at least 20 feet in width and 20 feet in length,
(ii) not on rooftops or other elevated portions of buildings, and (iii) designed to
accommodate public congregation and use, including any necessary amenities or
infrastructure. Examples of such spaces include plazas, parks, playgrounds, playing
fields, and community gardens.

C. Exclusion of Public Structures from Zoning Requirements. Any portion of a development

parcel for the proposed development owned by a Commonwealth of Massachusetts
instrumentality and devoted to a governmental function from which the general public is
excluded (including, but not limited to, a rail yard, maintenance facility, or railroad right-
of-way) and any portion of a building or structure used or leased by a State
instrumentality (such as a passenger station, or associated facilities for use by
customers of the Massachusetts Bay Transportation Authority, or office space up to
10,000 square feet) shall not be included in the calculation of:
1. The quantity of beneficial open space required;

3
 DRAFT - 10/25/2019

2. Minimum lot area; or

3. Gross Floor Area.

D. Impact of Takings or Conveyances to a Public Entity. No Changes

E. Establishment of a Development Parcel. The area developed under a special permit

must be organized into a development parcel as defined in Article 8. The development
parcel may contain more than 1 lot or a portion of a lot, together with any easement
areas located on adjacent parcels of land. The provisions of this Chapter shall apply to
the development parcel as it exists on the date that the special permit is granted as if the
development parcel were a single lot for zoning purposes, without reference to interior
lot lines dividing separate ownerships. After the grant of a special permit, the ownership
may be further divided (subject to the establishment of an organization of owners define
below) and any interior lot lines shall be disregarded for zoning purposes. The
development parcel may be modified from time to time to accommodate land swaps or
the purchase of adjacent land, provided that the resulting development parcel is not less
than 11 acres in size and does not create or expand any nonconformities.

F. Intensity of Development.
1. The development must have at least one use from each of the three categories (A,
B, and C).
a. Category A: Office (including research and development, business
incubator, medical office, and other similar uses but excluding office
incidental to residential, retail or community uses);
b. Category B: Retail sales, personal services, restaurants, banking, health
club, place of amusement, indoor or outdoor, theater, lodging, hotel, motel,
animal services; and
c. Category C: Multi-family, live/work space, single room occupancy, single
person occupancy, assisted living, nursing home.
2. No changes.
3. For purposes of calculating gross floor area in the MU3ITOD district, in addition to
the exclusions set forth in Section 1.5.5.B.2 and 4.2.4.C, the calculation of gross
floor area shall exclude accessory and non-accessory enclosed parking, loading
areas, and enclosed areas devoted to housing mechanical equipment on the roof of
a building or structure.

G. Maximum Gross Floor Area. The total gross floor area of all uses in the district shall not
exceed 1,025,000 square feet. At full build out, the total square footage of Category C
uses within the MU3ITOD district must comprise no less than 60 percent of the total
square footage of Category A, Band C uses in the MU3ITOD district. Category A uses
shall not exceed 300,000 square feet of gross floor area.

H. Organization of Owners. No changes

I. Access to and from Route 128/1-95 Northbound.

Any development, as fully constructed, shall include two primary means of vehicular
non-emergency access and egress to and from the development parcel (provided,
however, that no means of vehicular non-emergency access shall be located within 450
linear feet along the Grove Street Corridor from the northeast corner of the development
parcel), one of which shall provide access to and from the development parcel to and
from Route 128/1-95 Northbound without utilizing Grove Street. Any development may

4
 DRAFT - 10/25/2019

also include accessory vehicular access and egress into the development parcel from
Recreation Road

4.4. Allowed Uses

4.4.1. Business, Mixed Use & Manufacturing Districts

The following indicates potential amendments to the use table:

Commercial Uses MU3

Animal service, excluding overnight boarding SP
Parking facility, accessory, single level P
Parking facility, non-accessory, single level SP
Parking facility, accessory, multi-level SP
Parking facility, non-accessory, multi-level SP

4631405.4

5
 DRAFT - 19/01/201910/25/2019

4.2. Mixed Use Districts

4.2.1. District Intent

A. Mixed Use 1 and 2 District. No Changes

B. Mixed Use 3/Transit-Oriented Development. The purpose of the Mixed-Use 3/Transit-

Oriented district is to allow the development of a mixed-use center on a parcel of no less
than 9-11.acres near the terminus of a mass transit rail line, an interstate highway, a
scenic road, and the Charles River, commonly referred to as the Riverside MBTA
station, pursuant to the City's Comprehensive Plan, particularly the mixed-use centers
and economic development elements. This district shall encourage comprehensive
design within the site and with its surroundings, integrate complementary uses, provide
enhancements to public infrastructure, provide beneficial open spaces, protect the
Newton Lower Falls and Auburndale neighborhoods from impacts of development, allow
sufficient density to make development economically feasible while ensuring that the
district is appropriately designed and scaled, foster use of alternative modes of
transportation, and create a vibrant destination where people can live, work and play.

C. Mixed Use 4 District. No Changes

4.2.2. Dimensional Standards

A. Applicability.
1. No ChaRge Changes
2. Where more than one dwelling unit is provided on a lot in certain Mixed Use
districts, the following residential density control shall apply:
Mixed Use District MU1 MU2 MU3/TOD MU4
Lot Area Per Unit 10,000 sf 10,000 sf ~ ,QQQ 800 sf 1,000 sf
(min )

3. No ChaRge Changes

B. Approval Process.
1. No ChaRge
2. A.'o ChaRge
a. A,,1o ChaRge
1. Special Permit Required. No Changes
2.. Site Plan Review Required. No Changes
.3... Stories. No Changes

4.2.3. All Building Types in Mixed Use Districts

No changes in the dimensional table, except:
Height (max) - 36' by-right; 220up to 170' by special permit (see Section 4.2.4.Al

Stories (max) - 4-311

1
 DRAFT - 10/01/201910/2 5/2019

Floor Area Ratio (max) - up to 36' = 1.0; up to ~170 '-_= 2.7 2.5

4.2.4. Additional Standards in MU3/TOD

Any development permitted by special permit must meet the following requirements and the
requirements of Sec. 4.2.3. The City Council may grant a special permit to allow exceptions
to the by-right dimensional standards of the MU JITODMU3/TOD, provided that the
requirements of this Sec. 4.2.4. are met and no dimension exceeds those allowed in Sec.
4.2.3 for the mixed-use development special permit.

&. Building Height and Setbacks.

Notwithstanding anything to the contrary in Section 4.2.3, buildings in the MU3/TOD

district shall conform to the following:

1.. Grove Street Corridor Height.

a. For purposes of Section 4.2.4.A.1 .

1. Building Height from Grove Street Corridor shall mean, for buildings
located along the Grove Street Corridor, the vertical distance
between the lowest grade of the Grove Street right of way line within
the Grove Street Corridor closest to the subject building at a point
perpendicular to the relevant building to the highest point of the roof,
excluding parapets, HVAC eguipment elevator overrides and
elements, stair towers, and the exclusions from height set forth in
Section 1,5.4.A.1.a throu gh d.: and

!L, Grove Street Corridor shall mean that portion of Grove Street shown
on the plan (insert reference to VHB Plan) (the "MU3/TOD Plan") as
the Grove Street Corridor .

.b... Buildings along the Grove Street Corridor that are located within Zones A
through E shown on the MU3/TOD Plan shall be subject to the following
maximum Building Heights from Grove Street Corridor:

Zone Maximum Building Height from Grove Street Corridor

Zone A 74 feet, provided that the top stor:y is set back a

minimum of 10 feet from the building faltade along
Grove Street

Zone B 64 feet, provided that the top storY is set back a

minimum of 10 feet from the building facade along
Grove Street

ZoneC 50 feet

Zone D 55 feet

2
 DRAFT - 10/01/201910/25/2019

Zone E 76 feet. provided that the top story is set back a

minimum of 10 feet from the building facade along
Grove Street

2. Heights Elsewhere in the MU3ITOD District.

a.. For all buildings in Zone F on the MU3ITOD Plan , the maximum height shall
be 70 feet excluding parapets, HVAC equipment. elevator overrides and
elements, stair towers, and the exclusions from height set forth in in Section
1.5.4.A.1.a through d .

.b... For all buildings in the MU3ITOD district not located in Zone A. Zone B,
Zone C, Zone D, Zone E or Zone F, the maximum building height shall be
170 feet. including all rooftop mechanical structures, whether or not
enclosed.

3. Special Permits for Modification of Height. In accordance with the procedures

provided in Section 7.3, a special permit may be granted by the City Council to allow
for increases to (a) Building Height from Grove Street Corridor for buildings in Zone
A. Zone B and Zone E of no more than 4 feet. and (b) height for buildings in Zone F
of no more than 4 feet. if the City Council finds that the proposed buildings are
consistent with and not in derogation of the size, scale and design of other
structures. In no event shall any such increases result in an increase in the
maximum gross floor area permitted under Section 4.2.4.G.

4. Setbacks in the MU3ITOD District.

a.. A.Setbaoks. Any structure or building must be set back a minimum of 4a

feet for an'! portion of the property abutting Grove Street. There is no
required setbaok on an'! other portion of the property. Baloonies 25 feet from
the development parcel perimeter lot line along Grove Street that is not
within a state-highway right-of-way or land owned by a Commonwealth of
Massachusetts instrumentality. Balconies, canopies, and minor architectural
features may project into the setback, and pedestrian and bicycle paths may
also be located within this setback.-_ In accordance with the procedures
provided in SeEr.-Section 7.3, the City Council may grant a special permit to
allow a reduction in tRe-this minimum setback to 20 feet only in Zones C, D
and E on the MU3ITOD Plan if it determines that the proposed setback is
adequate to protect abutting uses .

.b... A principal building that fronts on Grove Street must be a minimum of 15

feet from any other principal building in the district that also fronts on Grove
Street.

c... There are no other required setbacks in the MU3ITOD district.

A. Beneficial Open Space Open to the Public. At least 50 persent 42,450 square feet of the
beneficial open space required by Sec. 4.2.3 for a mixed-use development must be
freely open to the public. +he-Any portion of the beneficial open space designated as
open to the public must meet the tollollling oriteria:be (i) at least 400 sf of area and at
least 20 feet in width and 20 feet in length, (ij) not on rooftops or other elevated portions
of buildings, and (iii) designed to accommodate public congregation and use, including
any necessary amenities or infrastructure. Examples of such spaces include plazas ,
parks, playgrounds, playing fields, and community gardens.

3
 DRAFT - 10/Ql/201910/ 25/2019

1. Be of adequate size and design to accommodate Elublic congregation and use,

including any necessary amenities or infrastructure. Examples spaces include
plazas, parks, playgrounds, playing fields, and community gardens.
2.Be at least 4QQ sf in area and at least 2Q foet in width and length.

B. Exclusion of Public Structures from Zoning Requirements. Any portion of a development

parcel for the proposed development owned by a Commonwealth of Massachusetts
instrumentality and devoted to a governmental function from which the general public is
excluded (including, but not limited to-.1..a rail yard, maintenance facility, or railroad right-
of-way) and any portion of a building or structure dedicated for f)ublic use used or leased
by a State instrumentality (such as a passenger station-.1..or associated facilities for use
by customers of the Massachusetts Bay Transportation Authority, or office space up to
10,000 square feet) shall not be included in the calculation of:
1. The quantity of beneficial open space required;
2. Minimum lot area; or
3. Gross Floor area ratio.Area .

.c.. Impact of Takings or Conveyances to a Public Enti ty. No Changes

D. Establishment of a Development Parcel. The area developed under a special permit

must be organized into a development parcel as defined in Article 8. The development
parcel may contain more than 1 lot or a portion of a lot, together with any easement
areas located on ad jacent parcels of land. The provisions of this Chapter shall apply to
the development parcel as it exists on the date that the special permit is granted as if the
development parcel were a single lot for zoning purposes, without reference to interior
lot lines dividing separate ownerships. After the grant of a special permit, the ownership
may be further divided (subject to the establishment of an organization of owners define
below) and any interior lot lines shall be disregarded for zoning purposes. The
development parcel may be modified from time to time to accommodate land swaps or
the purchase of ad jacent land , provided that the resulting development parcel is not less
than 11 acres in size and does not create or expand any nonconformities.

g. ,1>"-0 CRaRges

E. IntenSity of Development.
1. The development must have at least one use from each of the three categories (A,
B, and C) f)lus a comml;Jnity I;Jse sf)ace.
a. Category A: Office (including research and development, business
incubator, medical office, and other similar uses but excluding office
incidental to residential. retail or community uses);
b. Category B: Retail sales, personal services, restaurants, banking, health
club, place of amusement, indoor or outdoor, theater, lodging, hotel, motel,
animal services; and
c. Category C: Multi-family, live/work space, single room occupancy, single
person occupancy, assisted living, nursing home.
2. No changes~

.3... For purposes of calculating gross floor area in the MU3ITOD district. in addition to
the exclusions set forth in Section 1.5.5.B.2 and 4.2.4.C, the calculation of gross
floor area shall exclude accessory and non-accessory enclosed parking. loading

4
 DRAFT - 10/01/201910/ 2512019

areas, and enclosed areas devoted to housing mechanical equipment on the roof of
a building or structure.

E Maximum Gross Floor Area. The total gross floor area of all uses in the district shall not
exceed 1,025,000 sguare feet. At full build out. the total square footage of Category C
uses within the MU3ITOD district must comprise no less than 60 percent of the total
sguare foota ge of Category A. Band C uses in the MU3ITOD district. Category A uses
shall not exceed 300,000 sguare feet of gross floor area.

G. Organization of Owners. No changes

H. Access to and from Route 12811-95 Northbound.

Any development, as full y constructed , shall include two primary means of vehicular
non-emergency access and egress to and from the development parcel (provided ,
however, that no means of vehicular non-emergency access shall be located within 450
linear feet along the Grove Street Corridor from the northeast corner of the development
parcell, one of which shall provide access to and from the development parcel to and
from Route 12811-95 Northbound without utilizing Grove Street. Any development may
also include accessory vehicular access and egress into the development parcel from
Recreation Road

G. The square rootage in eaoh oategory shall not exoeed the maximums listed below,
exoept, where approved by speoial permit, the maximums may be adjusted by up to 10
peroent in eaoh oategory, so long as the total gross floor area of all uses, exoluding
aooessory parking, does not exoeed 1,250,000 square roet:
1. Category A shall not exoeed 525,000 square feet (exoluding offioes inoidental to
residential, retail or oommunity uses), the majority of whioh must be oontained within
one struoture;
2. Category B shall not exoeed 72,000 square feet, exoluding those uses that are
aooessory to a use listed in Category A or C as determined by the Commissioner of
Inspeotional Servioes;
a. Category C shall not exoeed 600,000 square feet not to exoeed 550 d'Neiling units.

H. III,if) eRaR€}fJS

4.4, Allowed Uses

4.4,1. Business, Mixed Use & Manufacturing Districts

The following indicates potential amendments to the use table:

Commercial Uses MU3

Animal service, exciudinQ overnight boarding SP
Parking facility, accessory, single level P
Parking facility, non-accessory , single level SP
Parking faci lity, accessory , multi-level SP
Parking facility, non-accessory, multi-level SP

4923393.2

5
 DRAFT - 19,'01/201910/ 25/ 2019

4631405.4

6
 DRAFT - 10125/2019

7.3.5 Special Requirements in MU3/TOD

A. Additional Filing Requirements. In addition to the provisions of Sec. 7.3

and Sec. 7.4, applicants for a special pennit under Sec. 4.2.4 shall submit:

l. No Changes

2. No Changes

3. No Changes

4. No Changes

5. No Changes

6. A roadway and transportation plan reflecting the "EOEEA Guidelines for

EIRIEIS Traffic Impact Assessment" with further attention to public
transportation and exceptions, subject to review by the Commissioner of
Public Works, Director of Planning and Development, Director of
Transportation, and peer review consultants. The plan should include the
following:

a. Graphic and narrative description of existing and proposed means

of access to and within the site, including motor vehicular,
pedestrian, bicycle, and public or private transportation alternatives
to single occupant vehicles.

b. Description of a proposed transportation demand management

(TDM) program identifying commitments, if any, to a designated
TDM manager, employer contributions to employee public
transportation passes, shuttle bus capital contribution, car pool, van
pool, guaranteed ride home, flex hours, promotional programs,
support for off-site pedestrian and bicycle accommodations, and
similar efforts.

c. Detailed analysis and explanation for the maximum peak hour and
daily motor vehicle trips projected to be generated by the mixed-
use development, documenting:

1. The projected base volume of trips to and from the mixed-

use development based upon the latest edition of the Trip
Generation Manual published by the Institute of
Transportation Engineers or other sources, such as
comparable projects in Newton or nearby communities,

1
 DRAFT - 1012512019

acceptable to the Commissioner of Public Works and

Director of Planning and Development;

11. The projected adjusted volume of trips net of reductions

resulting from internally captured trips; access by public
transport, ridesharing, walking or biking; and through the
TDM program cited above; but without adjustment for
"pass-by" trips, and noting how those reductions compare
with the mixed use development guideline of adjusted
volume being at least 10 percent below the base volume on
weekday evening peak hours;

111. The means of making mitigations if it is found pursuant to

the monitoring under Sec. 7.3.5.E. that the trips counted
exceed the projected adjusted volume by 10 percent or
more; and

IV. The projected trip reduction adjustment based on "pass-by"

trips for use in projecting impacts on street traffic volumes.

d. Analysis of traffic impacts on surrounding roadways, including

secondary roads on which traffic to the mixed-use development
may have a negative impact, analysis of peak traffic flow and
circulation within the development parcel, and analysis of traffic
impacts within the study area during site-specific high-traffic
events, such as Red Sox home games. Results are to be
summarized in tabular form to facilitate understanding of change
from pre-development no-build conditions to the build-out
conditions in trip volumes, volume/capacity ratios, level of service,
delays, and queues. Analysis shall include:

1. The assumptions used with regard to the proportion of

automobile use for travel related to the site, the scale of
development and the proposed mix of uses, and the amount
of parking provided; and

11. Analysis of projected transit use and description of

proposed improvements in transit access, frequency and
quality of service.

e. All transportation-related studies, reports, submissions or filings

required to be submitted to any state or federal agency in
connection with the proposed-mixed use development (including
those required as a result of any required or proposed roadway
changes or traffic mitigation measures in connection with the
proposed-mixed use development).

2
 DRAFT - 10/2512019

7. No changes

8. No changes

9. No changes

10. Preliminary construction management plan including: proposed phasing

schedule (including phasing for infrastructure improvements); and
mitigation of construction impacts from the proposed mixed-use
development (including associated roadway improvements) on Newton
Lower Falls and Auburndale; and accommodation of parking and other
needs of commuters using the MBTA station during construction.

11. No changes

12. No changes

B. Review Criteria.

The provisions of Sec. 7.3 .3 apply to all special permit applications in the MU3/TOD
district. Thus, no special permit may be granted unless all of the criteria set forth in Sec.
7.3.3.C are met, including but not limited to Sec. 7.3.3.C.2 which states that: "The use as
developed and operated will not adversely affect the neighborhood." For avoidance of
doubt, as applied in the MU3/TOD district, the neighborhood to be considered includes
Newton Lower Falls and Auburndale.

Additional special permit criteria for a mixed-use development in the MU3/TOD district.
In granting a special permit for mixed-use development under Sec. 4.2.4, the City
Council shall not approve the special permit unless it also finds, in its judgment, that the
proposal meets all of the following criteria in addition to those listed in Sec. 7.3.3:

1. No changes

2. No changes

3. No changes.

4. No changes.

5. No changes.

6. No changes.

7. No changes.

3
 DRAFT -1012512019

8. No changes.

9. No changes.

10. No changes.

11. No changes.

12. No changes.

13. No changes.

14. Post-Construction Traffic Mitigation Measures. The traffic mitigation

measures set forth in the Special Pennit application pursuant to Sec.
7.3.5.A.6.c.iii, if required to be implemented, are expected to allow the mixed-use
development project to meet the trip generation standards set forth in Sec.
7.3.5.E.1.c.

15. Construction Impacts. The preliminary construction management plan includes

appropriate mitigation of construction impacts from the proposed mixed-use
development (including associated roadway changes) to the neighborhood,
including the neighborhoods of Newton Lower Falls and Auburndale, and
accommodates the parking and other needs of commuters using the MBTA station
during construction.

4641957.7

4
 DRAFT -10/25/2019

7.3.5 Special Requirements in MU3/TOD

A. Additional Filing Requirements. In addition to the provisions of Sec. 7.3

and Sec. 7.4, applicants for a special permit under Sec. 4.2.4 shall submit:

1. No Changes

2. No Changes

3. No Changes

4. No Changes

5. No Changes

6. A roadway and transportation plan reflecting the "EOEEA Guidelines for

EIRIEIS Traffic Impact Assessment" with further attention to public
transportation and exceptions, subject to review by the Commissioner of
Public Works, Director of Planning and Development, Director of
Transportation, and peer review consultants. The plan should include the
following:

a. Graphic and narrative description of existing and proposed means

of access to and within the site, including motor vehicular,
pedestrian, bicycle, and public or private transportation alternatives
to single occupant vehicles.

b. Description of a proposed transportation demand management

(TDM) program identifying commitments, if any, to a designated
TDM manager, employer contributions to employee public
transportation passes, shuttle bus capital contribution, car pool, van
pool, guaranteed ride home, flex hours, promotional programs,
support for off-site pedestrian and bicycle accommodations, and
similar efforts.

c. Detailed analysis and explanation for the maximum peak hour and
daily motor vehicle trips projected to be generated by the mixed-
use development, documenting:

i. The projected base volume of trips to and from the mixed-

use development based upon the latest edition of the Trip
Generation Manual published by the Institute of
Transportation Engineers or other sources, such as
comparable projects in Newton or nearby communities,

1
 DRAFT - 10125/2019

acceptable to the Commissioner of Public Works and

Director of Planning and Development;

11. The projected adjusted volume of trips net of reductions

resulting from internally captured trips; access by public
transport, ridesharing, walking or biking; and through the
TDM program cited above; but without adjustment for
"pass-by" trips, and noting how those reductions compare
with the mixed use development guideline of adjusted
volume being at least 10 percent below the base volume on
weekday evening peak hours;

111. The means of making mitigations if it is found pursuant to

the monitoring under Sec. 7.3.6.D7.3.5.E. aDd Sec. 7.3.6.E.
that the trips counted exceed the projected adjusted volume
by 10 percent or more; and

iv. The projected trip reduction adjustment based on "pass-by"

trips for use in projecting impacts on street traffic volumes.

d. Analysis of traffic impacts on surrounding roadways, including

secondary roads on which traffic to the mixed-use development
may have a negative impact. analysis of peak traffic flow and
circulation within the development parcel, and analysis of traffic
impacts within the study area during site-specific high-traffic
events, such as Red Sox home games. Results are to be
summarized in tabular fonn to facilitate understanding of change
from pre-development no-build conditions to the build-out
conditions in trip volumes, volume/capacity ratios, level of service,
delays, and queues. Analysis shall include:

1. The assumptions used with regard to the proportion of

automobile use for travel related to the site, the scale of
development and the proposed mix of uses, and the amount
of parking provided; and

ii. Analysis of projected transit use and description of

proposed improvements in transit access, frequency and
quality of service.

e. All transportation-related studies. reports. submissions or filings

required to be submitted to any state or federal agencv in
connection with the proposed-mixed use development (including
those required as a result of any required or proposed roadway
changes or traffic mitigation measures in connection with the
proposed-mixed use development).

2
 DRAFT - 10/25/2019

7. No changes

8. No changes

9. No changes

1O.Pfoposed phasiag sehedede, iHSJ..adiag iHH-astmetuFe impfOvemeats.

10. Preliminary construction management plan including: proposed phasing
schedule (including phasing for infrastructure improvements): and
mitigation of construction impacts from the proposed mixed-use
development (including associated roadway improvements) on Newton
Lower Falls and Auburndale; and accommodation of parking and other
needs of commuters using the MBTA station during construction.

11. No changes

12. No changes

B. Review Criteria.

The provisions of Sec. 7.3.3 apply to all special permit applications in the MU3/TOD
district. Thus, no special permit may be granted unless all of the criteria set forth in Sec.
7.3.3.C are met. including but not limited to Sec. 7.3.3.C.2 which states that: "The use as
developed and operated will not adversely affect the neighborhood." For avoidance of
doubt. as applied in the MU3/TOD district, the neighborhood to be considered includes
Newton Lower Falls and Auburndale.

B.Re¥ie'N Criteria. Additional special permit criteria for a mixed-use development in the
MU3/TOD district. In granting a special permit for mixed-use development under Sec.
4.2.4, the City Council shall not approve the special permit unless it also finds, in its
judgment, that the proposal meets all of the following criteria in addition to those listed in
Sec. 7.3.3:

1. No changes

2. No changes

3. No changes.

4. No changes.

5. No changes.

6. No changes.

3
 DRAFT - 10/25/2019

7. No changes.

8. No changes.

9. No changes.

10. No changes.

11. No changes.

12. No changes.

13. No changes.

4941957.1
14. Post-Construction Traffic Mitigation Measures. The traffic mitigation
measures set forth in the Special Pennit application pursuant to Sec.
7.3.5.A.6.c.iii, ifrequired to be implemented, are expected to allow the mixed-use
development project to meet the trip generation standards set forth in Sec.
7.3.5.E.l.c.

15. Construction Impacts. The preliminary construction management plan includes

appropriate mitigation of construction impacts from the proposed mixed-use
development (including associated roadway changes) to the neighborhood.
including the neighborhoods of Newton Lower Falls and Auburndale. and
accommodates the parking and other needs of commuters using the MBTA station
during construction.

4641957.7

4
 Do
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