Accessory Apartments

Sometimes called an in-law apartment, an accessory apartment is a separate living unit located on a residential lot. An accessory apartment includes one or more rooms used to provide living, sleeping, cooking, eating, and sanitation, located within a single- or two family dwelling or in a detached structure on the same property. Accessory apartments are by definition subordinate in size and location to the primary unit.

As of Right

“As of right” describes a proposed development or change to a property that complies with all applicable zoning codes. An as of right development does not require special permits, variances, or any discretionary action from the City Planning Department, City Council, or Zoning Board of Appeals.

Comprehensive Permit / Chapter 40B

Chapter 40B is a state statute that encourages the development of low- and moderate-income housing by providing a streamlined permitting process and relief from local zoning requirements. The law requires that at least 20-25% of units in a development have long-term affordability restrictions. Under Chapter 40B, the local Zoning Board of Appeals (ZBA) is the permit-granting authority. The ZBA must review and make decisions (approve, approve with conditions, or deny comprehensive permits) in a public hearing setting.

Examples in Newton: Dunstan East and Riverdale

Inclusionary Zoning

Inclusionary zoning (sometimes referred to as “IZ”) is used by local governments across the country to leverage private development for the creation of affordable housing. While ordinances take many forms, a common structure is to require a percentage of units in a private development be rented or sold at affordable levels to low- and moderate-income households, usually households at or below 80% of the Area Median Income (AMI).

Examples of developments in Newton with IZ apartments: Austin Street and Trio

Mixed Use / Transit-Oriented Districts

The purpose of these districts is to allow the development of a mixed-use center on a parcel of no less than 9 acres near the terminus of a mass transit rail line, an interstate highway, a scenic road, and the Charles River, pursuant to the City’s Comprehensive Plan, particularly the mixed-use centers and economic development elements.

This district shall encourage a comprehensive design within the site and with its surroundings, integrate complementary uses, provide enhancements to public infrastructure, provide beneficial open spaces, protect neighborhoods from impacts of development, allow sufficient density to make development economically feasible, foster use of alternative modes of transportation, and create a vibrant destination where people can live, work, and play.

Examples in Newton: Austin Street, Trio, Riverside

Special Permit

Zoning ordinances provide for special permits authorizing increases in the permissible density of population or intensity of a particular use in a proposed development; provided that the petitioner shall, as a condition for the grant of the permit, provide certain open space, housing for persons of low or moderate income, traffic or pedestrian improvements, installation of solar energy systems, protection for solar access, or other amenities.

Such zoning ordinances or by-laws shall state the specific improvements or amenities or locations of proposed uses (referred to as the Council Order) for which the special permits shall be granted, and the maximum increases in density of population or intensity of use which may be authorized by such special permits.

The City Council acts in a quasi-judicial manner when approving special permit / site plan approval petitions. Decisions on these land use petitions are required to be based upon information obtained by the Council about the special permit / site plan approval petition and made a matter of public record. A councilor may not express his/her opinion/decision on any petition until the public hearing has been closed.