You asked what can be done to protect neighborhoods from over development and projects out of scale and character with the existing neighborhood? Well, first a foremost we need to amend the current zoning laws.
During the 1970’s when the City adopted residential zoning, it made all the old city multi- family. To the west of High Street was zoned two family (R2) and to the east of High Street was zoned three or more family (R3). This blanket zoning is at the root of all the in-fill projects we’re seeing. It actually encourages and makes it very easy for developers to fill in our neighborhoods.
During 2005 the Planning Board began to write amendments to the existing zoning laws. All zoning amendments must conform to MA State Statutes and they must be approved by a two third majority of the City Council.
The City Council passed an amendment (6-C) to the R2 and R3 zoning laws, which requires “site plan review” of any proposed in-fill project intended for the front, back or side yard of an existing house. Site plan review includes a public hearing before the Planning Board where the public can participate.
Unfortunately, the City Council blocked a similar and very important amendment to part of the R3 zoning laws.
This specific amendment is called IXB-3. It addresses half houses or two family houses built on non-conforming lots. A non-conforming lot is either too small overall, or has insufficient frontage, and therefore does not fit into the City’s zoning code.
R3 half houses built on non-conforming lots are popular with developers because these houses are unregulated. The result has been that huge additions have been built onto such homes, additions that dwarf the other independently owned half-house, and appear totally out of scale with the surrounding neighborhood. An example of such a huge IXB-3 addition is near the foot of Forester Street.
The Planning Board is presently writing a new IXB-3 that will limit the size of such additions unless a special permit is granted. A special permit is given, or not given, after a public hearing process, during which neighbors have the opportunity to question, comment or object. Presently a neighbor of a IXB-3 house has no right to protest any huge addition or even to know it will be built before it is already under construction.
So in response to your question “What now?” We would encourage people to contact members of the Newburyport City Council. Let them know that you would like them to encourage, support and vote in favor of the IXB-3 zoning amendment.
Nick Cracknell championed this amendment in 2005. In his absence let’s see what we can do to get IXB-3 approved – this time around.
Mary Haslinger, Newburyport
Allyson Lawless, Newburyport