Law Department to review zoning question on overlay districts

The Waltham Law Department is reviewing the city’s next course of action on three multi-use zoning overlay districts proposed for western Waltham.

Real estate companies BXP and 1265 Main St. LLC proposed the three districts to the City Council and the Board of Survey and Planning in December. 

At a brief meeting on Jan. 7, the Board of Survey and Planning discussed a motion to request state clarification on what voting requirements the three zoning proposals would have to meet to be passed into law.

All three proposed districts are situated entirely on private land. The proposals would allow the landowners to acquire special permits to construct both commercial and residential developments on the properties. Both companies have indicated they intend to build about 1,850 units of housing distributed among the three sites.

As part of its application package for the two sites under its control, BXP argued that the sites fall under the purview of the 2020 Housing Choice legislation, a revision of state law that means planning and permitting boards require fewer votes to approve zoning amendments and special permits for developments that meet certain requirements for affordability, transit accessibility and multipurpose land use.

The Board of Survey and Planning at its Jan. 7 meeting discussed a motion to write to the state’s Executive Office of Housing and Liveable Communities to clarify whether the Housing Choice legislation would apply to the proposed zoning overlays. Board Chair William Creonte Jr. said he had sent the letter to the city’s Law Department, asking for “advice as to how we should deal with this.”

The board expects to receive a response from the Law Department at its February meeting.

Also at its Jan. 7 meeting, the board delayed a public hearing on larger-than-permitted driveways at a 962 Main St. gas station until its February meeting in response to a letter from the gas station owners.