Denise Provost

Alderman-at-Large

City of Somerville, Massachusetts


Somerville Residential Neighborhood Protection Ordinance
Submitted by Aldermen Provost, Heuston, and Taylor
in Board of Aldermen July 10, 2003

Whereas, the residential neighborhoods of the City of Somerville have grown denser and have become more congested since the city's most recent, amended, Zoning Ordinance was adopted in 1990, and

Whereas, the rising value of real estate in Somerville has increased the incentives for developers to increase the size of residential units and the number of residential units in new and existing structures, and to build in yards, on private ways, and to decrease the amount of light, air, and open space in residential neighborhoods, and

Whereas, the overdevelopment of land within existing residential neighborhoods has greatly increased the flooding of basements and other drainage problems in and around people's homes, and

Whereas, any further deterioration of the quality of life within Somerville's residential neighborhoods will have a deleterious effect on the health, safety, and welfare of the residents of Somerville, now therefore, it is

ORDERED: That the Somerville Zoning Ordinance be amended in the following manner:

Sec. 2.2.3. the definition of "Accessory Structure" is amended by a new second sentence: "Under no circumstances shall a second principal structure be deemed an accessory structure."

Sec. 2.2.59. the definition of "Floor Area Ratio (FAR)" is amended by adding, as a new second paragraph: "No portion of any private way or deeded right of way shall be included within the area of any lot upon which or adjacent to which it may be located for purposes of calculating the floor area ratio (far)."

Sec. 2.2.102. the definition of "nonconforming structure" is amended by removing the period at the end of the present definition and adding the phrase "and landscaping."

Sec 4.5.1. is amended by adding the following new last sentence at the end of the first paragraph: "No nonconforming use shall be changed to another use that is not permitted in the table of uses."

Sec 8.5: Table of Dimensional Requirements is amended by making the following changes:

in subpart B. Minimum lot area/dwelling unit, deleting the existing numbers in the table and replacing them as follows:

RARBRC
1-9 units (s.f.)250022502000
10 or more units)280025002250

and by adding at the end a new note 22., with text as follows:

"No portion of any private way or deeded right of way shall be included within the area of any lot upon which or adjacent to which it may be located for purposes of calculating the floor area ratio (far), or may be included in any yard setback measurement, unless the applicant can prove ownership of the fee interest in such private way or deeded rights of way, free of all easements to the benefit of others, including the public."

Sec. 10.2.2. is amended by striking it in its entirety.