In a joint meeting with the city’s Planning and Development Board, Newton’s Zoning and Planning Committee (ZAP) rejected a proposed modification of Newton’s zoning ordinance that would loosen restrictions on retaining wall construction in order to comply with the MBTA Communities Act.
“I’m concerned about sending anything up to the full council that has less than solid support in committee,” Ward 7 Councilor Lisle Baker said. “I’m prepared to entertain a motion to hold while the planning department takes another crack at the language on this, because I don’t think it’s something I’m prepared to vote for in the current form.”
The MBTA Communities Act is a 2021 state law that requires communities near MBTA transit stops to allow for more multifamily housing by-right in their zoning ordinances.
Last month, the Massachusetts Executive Office of Housing and Livable Communities (EOHLC) determined that Newton was only “conditionally compliant” with the MBTA Communities Act.
The state directed the city to revise its Village Center Overlay District (VCOD) ordinance, which was adopted in December 2023 as part of a comprehensive overhaul of Newton’s zoning laws that sought to put the city in initial compliance with the state law.
To achieve full compliance with state law, Newton must modify its requirement for a special permit for retaining walls taller than four feet. Retaining walls are often required for underground parking, which is a common feature of mixed-use buildings. A permit requirement for retaining walls could hinder by-right construction for these projects.
Several councilors expressed frustration with the state’s intervention.
“I don’t think the problem is the retaining walls,” Ward 3 Councilor-at-Large Pamela Wright said. “I feel the state is just getting a little too much into our business, into the details here. I thought we passed it—the village center overlay—and I would hope that they would trust us to do what we need to do.”
Several committee members, however, expressed concerns that the language in Newton’s current compliance-seeking proposal could create a loophole allowing “egregious” developments, with retaining walls placed next to properties at significantly different elevations, corrupting local aesthetics.
Deputy Director of Planning Jennifer Caira, however, urged caution in calls to alter the compliance-seeking ordinance further.
“I do want to caution that what we’re proposing, I think, is about as restrictive as we can go and obtain compliance,” Caira said. “The state wasn’t thrilled. We expect to get a warning that this is something they’ll be watching to see if it prevents development by-right. So I really would caution against trying to further restrict the language.”
Despite the planning department’s warning, the committee rejected the ordinance in its original form and voted 4–3 to hold the ordinance until the department revises the language.
The committee also discussed the appointment of Deborah Crossley to the position of associate member on the Zoning Board of Appeals (ZBA).
Last year, several Newton councilors who drafted and supported the VCOD were ousted by voters in response to their positions.
Newton Mayor Ruthanne Fuller nominated Crossley to the ZBA. Crossley has a background in environmental design and architecture, as well as experience running her own architecture business. The ZBA currently has no architects serving on the board.
“It’s interesting to be back here, in a different place in the room,” Crossley said.
Several members praised Crossley’s expertise and prior contributions in considering her appointment.
“What Councilor Crossley brought to the Land Use Committee was a way to make every project better,” Ward 2 Councilor-at-Large Susan Albright said. “If the project couldn’t get better, we wouldn’t approve it. I think that’s probably the most important factor to consider with this appointment.”
Other councilors expressed strong opposition to Crossley’s confirmation. They raised concerns about her ability to exercise balanced judgment on the ZBA, pointing to her pro-housing advocacy and support for the VCOD.
“Ms. Crossley is a passionate advocate for her views, but there are others who are more skilled at listening and taking positions that respect the wide variety of positions within our city,” Wright said. “Working with Ms. Crossley for four years on ZAP, I’ve seen firsthand that she is not open to different opinions backed by data and facts. She pushes her own agenda.”
The committee voted 4–4 to deny her the appointment, and now Crossley’s consideration moves to the full City Council for a vote.
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